SWINC Estate v. Lloyds Underwriters

SETTLED

Trial
05/06/10 – 05/28/10

Summary

The plaintiff, SWINC, represented the bankruptcy estate of Stone & Webster, a large projects engineering company that had declared bankruptcy. The defendants were insurers that had issued a professional liability policy to Stone & Webster.
Professional Liability insurance policy coverage dispute.

Stone & Webster had won a contract from the Maine Yankee to decommission the Maine Yankee nuclear power plant and transform it into a greenfield. However, before the work was completed, Maine Yankee terminated Stone & Webster's contract.

SWINC claimed that Stone & Webster had failed to comply with its schedule, failed to obtain required permits, and was unable to complete the job on time. The contract specifically provided for termination based on these performance defects, which, the plaintiff said, did in fact occur, and "is precisely the conduct that a professional liability policy is intended to cover."

The defendants claimed that Stone & Webster's contract was not terminated because of poor performance, but instead was terminated because of Stone & Webster's insolvency, and therefore the loss resulting from the termination was not covered by the professional liability policy. Further, according to the defendants, Stone & Webster had misled the insurers as to its financial condition when the policy was issued.

View a free video clip from the case:
Timothy Gilmartin describes Stone and Webster's insurance policies -- Clip 1

Outcome

Settled

Case Information
Attorneys
Witnesses
Plaintiff
Defense
Judge
Stephen Neel
Jurisdiction
Superior Court of Massachusetts, Suffolk County
Court
Suffolk County Courthouse
Case Number
SUCV2005-00976
Industry
Insurance, Energy
Practice Area
Insurance, Construction Law
Plaintiff
SWINC Estate
Defense
Lloyds Underwriters
Expert Witnesses
Lay Witnesses

Sessions

PM Session
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MAY
6
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7
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10
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11
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12
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17
PM Session
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18
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20
PM Session
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21
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26
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27
MAY
28

Recording Disclaimer: This proceeding was recorded in full except noted sections that were not recorded.

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