Lexington Insurance sues Durham Construction, alleging breach of contract

By Noddy A. Fernandez | Aug 5, 2018

Lexington Insurance alleges the defendants allegedly broke a fire sprinkler, causing significant damage to insured property. The plaintiff is seeking to recoup its costs to cover the claims, alleging negligence.

FRESNO — Lexington Insurance Co. is suing Durham Construction Co.,citing alleged breach of contract.

Lexington Insurance filed the complaint on July 26, in the Superior Court of the State of California, against Durham Construction and Does 1-25, alleging that the construction company failed to perform its job in a "skillful, workmanlike ... and non-reckless manner" expected of a contractor.

Lexington Insurance alleges it paid claims on July 27, 2015, to an insured, after defendants allegedly broke the fire sprinkler, causing significant damage to the insured's property. The plaintiff is seeking to recoup its costs to cover the claims, alleging negligence.

The plaintiff has performed all of its obligations pursuant to the contracts, and claims defendants are liable to return the payments they have made after defendants alleged negligence. 

The plaintiff holds Durham Construction and Does 1-25 responsible, because the defendant allegedly failed to perform all work in "good and workmanlike manner, causing the property to sustain damages and to comply with its obligations to pay subrogation fees to plaintiff," according to court documents.

The plaintiff requests a trial by jury and seeks judgment for monetary damages, costs, expenses, pre and post-judgment interest, and other further relief as deemed just and proper by the Court under all of the circumstances. They are represented by Alan B. McMaster and Erin M. Lahey of Denenberg Tuffley PLLC in Los Angeles.

Superior Court of the State of California Case number 18CECG02775

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Denenberg Tuffley PLLC Fresno County Superior Court

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