**W.D. Fowler, Inc. v. Brait Builders Corporation & another, 80 Mass. App. Ct. 1107; 954 N.E.2d 75

W.D. FOWLER, INC. vs. BRAIT BUILDERS CORPORATION & another

No. 10-P-1758.

APPEALS COURT OF MASSACHUSETTS

80 Mass. App. Ct. 1107 ; 954 N.E.2d 75; 2011 Mass. App. LEXIS 1225


September 28, 2011, Decided

NOTICE: UNPUBLISHED ORDER RENDERED UNDER RULE 1:28 OF THE RULES OF THE APPEALS COURT.

PRIOR HISTORY: W.D. Fowler v. Brait Builders Corp., 2011 Mass. App. Unpub. LEXIS 1039 (Mass. App. Ct., Sept. 28, 2011)

OPINION [**1] [*1107] The [*1108] judgment is reversed insofar as it awarded damages, interest, and costs to Brait Builders Corporation, and insofar as it dismissed W.D. Fowler, Inc.'s claims against XL Specialty Insurance Company. The portion of the judgment in favor of W.D. Fowler, Inc., shall be modified to run against XL Specialty Insurance Company and Brait Builders Corporation jointly and severally; as so modified, the portion of the judgment awarding damages, interest, and costs to W.D. Fowler, Inc., is affirmed. The order awarding attorney's fees and costs to W.D. Fowler, Inc., is affirmed.