Paragon v. Weber-Madgwick

Paragon v. Weber-Madgwick

Following a flood at a condominium project which caused over $2 million in damages, developer Paragon and its insurer, North American Specialty Insurance Company sued defendant Weber-Madgwick for contractual indemnity and subrogation, claiming that the defendant’s grading operations on the project created an artificial dam which flooded after being filled with rain water.Weber-Madgwick contended that Paragon had failed to take the necessary protections against rain and erosion control and also contended that a release signed by the parties after the flood provided Weber-Madgwick with a complete defense to all claims.

The affirmative defense of the release was bifurcated and tried as a court trial.

Demand
Offer
Verdict Judge Thomas L. Willhite found in favor of the defendant and Weber-Madgwick submitted a claim for attorneys fees based upon the terms of the release agreement.
Insurer Lloyds of London

Long Beach

4500 E. Pacific Coast Highway, 4th Floor
Long Beach, CA 90804

San Francisco

101 Montgomery St., Suite 1800
San Francisco, CA 94104

Sacramento

3626 Fair Oaks Blvd., Suite 100
Sacramento, California 95864

Walnut Creek

1990 N California Blvd.
8th Floor
Walnut Creek, CA 94596