Pa. Lumbermens Mut. Ins. Co. v. Rstart, LLC

Full title: PENNSYLVANIA LUMBERMENS MUTUAL INSURANCE COMPANY, and SENECA INSURANCE COMPANY, INC., Plaintiffs, v. RSTART, LLC, d/b/a Planet Roofing & Solar, Defendant.

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Sep 27, 2018

Facts

The following facts are taken from PLM’s and Seneca’s complaints, which are accepted as true for the underlying motions. See Williams v. Meese, 926 F.2d 994, 997 (10th Cir. 1991).

This consolidated action arises from the collapse of two roofs at the Maplewood Village Apartments, LLC apartment complex (“Maplewood Village”). (Doc. # 1 at ¶ 10.) Maplewood Village entered into a general contract with Planet Roofing for re-roofing services. (18-cv-00564; Doc. # 1 at ¶ 8.) Planet Roofing, in turn, purchased roofing and construction materials from Gulfeagle. (Doc. # 1 at ¶ 6.) As part of the purchase, Planet Roofing and Gulfeagle also entered into a contract, wherein, as pertinent here, Planet Roofing agreed to indemnify Gulfeagle for “all loss or expense… because of liability imposed upon [Gulfeagle] for damages… whether caused or contributed by [Gulfeagle]… arising from the delivery and placement of materials being delivered.” (Doc. # 1-1 at 2.)

Issue

Decision

Based on the foregoing, the court orders as follows:

1. The Court GRANTS IN PART AND DENIES IN PART Planet Roofing’s Motion to Dismiss PLM’s Complaint. (Doc. # 11.) The Court GRANTS the motion with respect to PLM’s contribution claim and DENIES the motion with respect to PLM’s breach of contractual indemnity claim.

2. The Court DENIES Planet Roofing’s Motion to Dismiss Seneca’s Complaint. (Civil Action No. 18-cv-00564; Doc. # 16.)

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