Developer Unable to Recover Insurance Funds on Botched Project

A district court gave improper instructions to a jury that concluded a developer could recover $2.8 million in losses incurred by one of its contractors, a federal appeals court ruled on Monday.

The jury instructions should be amended to clarify that Curtis Park Group LLC’s policy with Allied World Specialty Insurance Co. precludes it from recovering the costs of repair made by one of its contractors, the US Court of Appeals for the Tenth Circuit said in an opinion by Judge Harris L. Hartz, reversing the lower court’s jury verdict in favor of Curtis Park.

"[W]e conclude that the text ...