On November 19, 2015, MCBB obtained dismissal of all significant claims against its client, the Defendant in Layton Construction Co. v. Wrapid Specialty Inc. (D. Utah). The case involved claims brought by the Plaintiff concerning losses it allegedly suffered when it was sued for construction defects in an underlying lawsuit related to the construction of the Four Seasons resort in Vail, Colorado. Plaintiff alleged that Defendant misrepresented provisions of an insurance program it purchased from Defendant related to the underlying construction project. In a significant, published decision, Chief Judge Nuffer of Utah’s Federal District Court dismissed all of Plaintiff’s misrepresentation claims, holding the alleged misrepresentations and omissions were not legally actionable. The Court’s full opinion can be reviewed at https://ecf.utd.uscourts.gov/cgi-bin/show_public_doc?214cv0402-28.
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