Two Insurers Balk at Coverage for FIGG on Florida Collapse

Exclusions said to back position of Travelers, Phoenix on claims

A view of the pedestrian bridge during rescue operations last March. Teams were examining the shattered bridge’s top chord, which served as a canopy, with “anchor blisters” where tension rods were protruding.

AERIAL PHOTO COURTESY MIAMI DADE FIRE RESCUE

Insurers providing property damage and bodily harm coverage to FIGG Engineering say they shouldn't have to pay for damages related to claims from March’s bridge collapse in Florida.

In a lawsuit in federal district court in Miami, Travelers Indemnity Co. of Connecticut and Phoenix Insurance Co. say that the policies provided to FIGG specifically excluded professional services, such as design and construction inspection.

Phoenix provided the basic coverage and Travelers provided umbrella coverage. They are asking the court for relief from claims by FIGG for coverage and defense costs.

The exclusions are detailed in the court complaint. According to the insurers, FIGG’s role as structural engineer of record for the bridge, as part of a design-build project with MCM, the prime contractor, involved professional services as an engineer.

FIGG has requested an extension for time to prepare its reply. Amanda K. Anderson, the company’s attorney for this lawsuit, could not be reached for comment.

The identities are not yet clear of other insurers facing claims from the March accident involving a pedestrian bridge at the Florida International University campus in Miami. One personal injury attorney has estimated that based on past Florida settlements, the total for losses related to the six deaths and injuries sustained could be $90 million.

Deputy Editor Richard Korman helps run ENR's business and legal news and investigations, selects ENR's commentary and oversees editorial content on ENR.com. In 2023 the American Society of Business Publication Editors awarded Richard the Stephen Barr Award, the highest honor for a single feature story or investigation, for his story on the aftermath of a terrible auto crash in Kentucky in 2019, and in 2015 the American Business Media awarded him the Timothy White Award for investigations of surety fraud and workplace bullying. A member of Investigative Reporters and Editors, Richard has been a fellow on drone safety with the McGraw Center for Business Journalism at the Craig Newmark Graduate School of Journalism at CUNY. Richard's freelance writing has appeared in the Seattle Times, the New York Times, Business Week and the websites of The Atlantic and Salon.com. He admires construction projects that finish on time and budget, compensate all team members fairly and record zero fatalities or serious injuries.