Mattiola Construction Corp. v. Commercial Union Insurance

HERRON, J.,

Plaintiff Mattiola Construction Corp. has filed a motion for summary judgment on a portion of its claim for breach of contract. The motion presents the novel issue of whether a subcontractor’s insurer must remit compensation for liquidated damages deducted from payments to the subcontractor and arising from damage caused by the subcontractor’s tortious conduct. For the reasons set forth in this opinion, the court is granting the motion.

BACKGROUND

Mattiola is a construction company whose operations center on saw-cutting concrete and asphalt materials in road and bridge construction.…