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Insurer must defend, indemnify contractor accused of negligence in building collapse

The $1.4M suit involves a four-story brick building in Boston that was being renovated when it collapsed.

By Allison Dunn | January 30, 2023 at 01:05 AM
Workers discovered cracks in the building’s bricks the morning of June 28, 2019, which grew larger throughout the day. The next morning, some or all of the building suddenly collapsed and the city of Boston determined that the building was dangerous and it was later demolished, the order said. (Credit: Credit: sirtravelalot/Shutterstock.com) Workers discovered cracks in the building’s bricks the morning of June 28, 2019, which grew larger throughout the day. The next morning, some or all of the building suddenly collapsed and the city of Boston determined that the building was dangerous and it was later demolished, the order said. (Credit: Credit: sirtravelalot/Shutterstock.com)

A federal judge ruled that an insurer is obligated to defend and indemnify a Boston contractor accused in an underlying $1.14 million lawsuit for negligently causing the collapse of a four-story brick building during renovations.

Capitol Specialty Insurance Co. sought a declaratory judgment in the U.S. District Court for the District of Massachusetts stating that, under a general liability policy, it had no duty to defend or indemnify the defendants, Dello Russo Enterprises and Michael Dello Russo, in an underlying action against them in Massachusetts Superior Court, according to a federal order filed Tuesday.

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