NEW ORLEANS – A Michigan insurance company says exemptions in three insurance policies it issued to a homebuilder excuse it from liability over alleged construction defects.

Atain Specialty Insurance Co. filed a lawsuit Dec. 4 in U.S. District Court for the Eastern District of Louisiana against VIG II LLC, Seth Hawley, Better Properties LLC, Michael Jolicoeur, Accident Insurance Co. and Amica Mutual Insurance Co.

According to the complaint, VIG began building a home in 2013, contracting with Better Properties and Jolicoeur to complete construction for approximately $158,870. Dissatisfied with their work, VIG spent an additional $101,520.86 to correct alleged defects in workmanship.

When Greg and Jennifer Zoglio purchased the home in June 2014, they allegedly found more than a dozen additional defects, prompting VIG and Hawley to sue Better Properties, Jolicoeur and their insurer, Amica, for the alleged faulty construction that December.

Atain Insurance seeks a declaration excusing it from covering the defendants, plus litigation costs. It is represented by attorneys Matthew D. Monson and Sarah Murphy Barro of The Monson Law Firm in Mandeville.

U.S. District Court for the Eastern District Case number 2:15-cv-06499

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