Opinion
No. 10-P-1758.
September 28, 2011.
Decision Pursuant to Rule 1:28.
The 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.