Facts

Defendant Doe Company was called out to plaintiff Golden Eagle's insured's office/medical building to remediate damages from water loss due to broken pipe.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that Doe Company tore up vinyl flooring without checking for the presence of asbestos. Shortly after Doe Company did so, another contractor demanded that the building be tested for asbestos. Substantial levels of asbestos were discovered. This resulted in the clean-up from the loss increasing substantially, resulting in significant additional property damages and significant loss of income claim from medical facility which was forced to shut down for a significant length of time.

Golden Eagle contended that Doe COmpany breached its contract and was negligent in failing to test for asbestos prior to commencing remediation efforts.

DEFENDANT'S CONTENTIONS:
Defendant initially denied liability, but later admitted its negligence and breach of contract. Defendant contested the amount and reasonableness of plaintiffs payments to its insured.

Damages

Total replacement cost payments of $258,836.

Result

Plaintiff settled with defendant paying the entirety of plaintiff's replacement cost payments of $258,836 plus costs for total payment of $260,000.

Other Information

Defendant removed case to binding arbitration pursuant to contract. Case was set to be arbitrated with Alexander Polsky. FILING DATE: June 25, 2009.