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BrigliaMcLaughlin Procures Dismissal of Bad Faith Claim Against a Surety

In recent litigation by a payment bond claimant, BrigliaMcLaughlin successfully procured the dismissal of a payment bond claimant’s bad faith claims against a surety.  In the case WCC Cable, Inc. v. G4S Technology, LLC, the payment bond claimant sued the prime contractor and surety for non- payment  in federal court.  The claimant also sought an independent common law cause of action for bad faith against the surety and asserted a claim for breach of Va. Code § 38.2-209, alleging that the surety failed to conduct a proper investigation of its claim and did not identify a reasonable basis for the denial of its bond claim. BrigliaMcLaughlin’s motion to dismiss the bad faith claims was successful.  The federal court’s decision and memorandum opinion can be found here.

 

THE RESULTS OF THIS CASE DEPEND UPON A VARIETY OF UNIQUE FACTORS.  CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE.

 

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