Nationwide claims it has no duty to indemnify Fenwick construction company in suit

By Carrie Bradon | Apr 2, 2019

FAYETTEVILLE — An insurance company claims that it is not obligated to indemnify a Fenwick construction company in a suit filed against it by two clients.

Nationwide Mutual Fire Insurance Co. filed a complaint in Fayette Circuit Court against Larry Mazzella, doing business as L&M Construction; L. Mazzella Construction LLC; Dale Lester; and Tracy Lester seeking declaratory judgment.

According to the complaint, the Lesters contracted Mazzella in February 2016 to construct a home in Fayette County. The Lesters allege the electrical and plumbing work was done without a license and other issues and filed a suit in Fayette Circuit Court.

The suit states the plaintiff issued a commercial general liability policy to Mazzella and the plaintiff alleges it is not obligated to pay any damages or provide a defense to Mazzella in the action under the terms of the policy.

The plaintiff is seeking all reasonable sums due, attorney fees and court costs. The plaintiff is represented by Trevor K. Taylor of Taylor Law Office in Morgantown.

The case has been assigned to Judge Thomas H. Ewing. 

Fayette Circuit Court case number 19-C-19

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