Wilck And Schleifer Secure Pre-Answer Dismissal of An Action for Contribution and Indemnification

David Wilck and William Schleifer secured a pre-answer dismissal of claims for contribution and indemnification against our client ICA Risk, an insurance and risk consulting company. The action stemmed from the fact that ICA Risk’s client American Pipe was denied more than $1 million in liability coverage when an excess insurer disclaimed coverage on the grounds that it did not receive timely notice of a claim.

As a result, an action was commenced with numerous parties to determine who was at fault for the failure to give proper notice, and whether any other excess insurance coverage was available to American Pipe. We successfully argued that all claims for contribution against ICA Risk must be dismissed as a matter of law because the underlying claims were for breach of contract. We were also able to get the claims for common-law indemnification dismissed.