My client is a landscape architect who was hired to design a "false bridge." Unfortunately, the retaining wall supporting the false bridge failed. The housing developer which owns the bridge sued the landscape architect alleging negligence.
My client submitted the claim to his liability carrier. The insurance carrier sent a letter stating that it was denying the claim because landscape architects are not authorized to design bridges.
A "false bridge" is not an actual bridge. It is simply a road over land with ponds or a water retention on either side. Although the false bridge looks like a bridge, it is not.
After demonstrating the differences between a false bridge and a bridge, and showing the insurance company the applicable statutes and regulations which govern the activities of landscape architects, the insurer agreed to withdraw its coverage defense and provide a full defense and indemnification of the claim.