The firm served as lead counsel on behalf of NUCO Investments Inc., the owner of a Savannah hotel, in litigation seeking coverage under an all risk property policy for the cost of remediating and repairing mold damage at a hotel. The client also claimed several million dollars in damages for diminished occupancy and diminution in value of the hotel caused by the mold damage. In denying coverage, the carrier invoked exclusions for repairing construction or design defects and for "wear and tear" and sought to reform the policy to include a mold exclusion that the carrier argued had been inadvertently omitted from the policy. The district court denied the carrier's motion for summary judgment and issued multiple orders granting our client’s motions to compel discovery, including discovery of our opposing counsel’s pre-litigation claims adjusting files.  Thereafter, the carrier withdrew its policy reformation defense, leading to settlement during a pre-trial, court-supervised mediation.
 
NUCO Investments, Inc. v. Hartford Fire Ins. Co., 2005 U.S. Dist. LEXIS 3350 (N.D. Ga. 2005).