The Journal of Civil Litigation recently published a letter opinion authored by the Hon Charles L. Ricketts III of the Staunton Circuit Court. Judge Ricketts’s July 20, 2017 letter opinion granted summary judgment on counts I (breach of contract) and V (declaratory judgment) of the plaintiffs’ complaint against Frith Anderson + Peake’s condominium association client. The ruling effectively ended the plaintiffs’ lawsuit against the condominium association and five current and former directors of the association.
The plaintiffs had alleged, among other things, that the condominium and its directors breached the bylaws and their fiduciary duties and committed fraud when the association’s board of directors declined to purchase a master flood insurance policy for the condominium. Frith Anderson + Peake had previously succeeded in obtaining the dismissal of counts II–IV and VI–IX of the plaintiffs’ complaint when Judge Ricketts granted the defendants’ demurrers to those counts with prejudice and without leave to amended. By obtaining summary judgment on counts I and V, Frith Anderson + Peake secured dismissal of the remaining counts.
The cite for The Journal of Civil Ligation’s publication of the July 20, 2017 letter opinion is 30 J. Civ. Litig. 151 (2018).
A PDF of the July 20, 2017 letter opinion granting the motion for summary judgment can be found here. In addition, a PDF of the August 8, 2016 letter opinion granting the demurrers can be found here.
Attorneys Phil Anderson and Andy Gerrish served as counsel for the condominium association and its directors in this matter. Phil is a founding partner of FA+P and is a general civil-litigation attorney who concentrates his practice in the areas of professional liability, general property and casualty, insurance coverage, and commercial litigation. Andy is also a civil-litigation attorney with a focus in the areas of insurance defense; insurance coverage; premises liability; legal malpractice; professional liability; community associations; and architect, engineer, and contractor liability.
