Insurance Co. of West v. Island Dream Homes, Inc.

SILER, Circuit Judge:

Insurance Company of the West (“ICW”) appeals the district court’s judgment as a matter of law in favor of Island Dream Homes (“IDH”). Hawaiian Inn Beach Resort (“Hawaiian”), a Florida condominium, contracted with IDH for roof repair. While IDH was conducting the repairs, a large stone veneer wall fell, causing damage to the condominium. Hawaiian’s insurer, ICW, sued IDH for negligence. IDH alleges the wall fell because it was structurally unsound. During trial, at the close of ICW’s case, the district court granted IDH’s motion for judgment as a matter of law, holding…