The moving party, Unity Health, sought summary judgment to dismiss four actions brought by subcontractor plaintiffs, arguing that the plaintiffs' settlement with the surety (Zurich) constituted an inconsistent election that precluded their alternative claims against Unity Health.
Unity Health also sought to dismiss the plaintiffs' unjust enrichment claims and, alternatively, to stay two of the actions for failure to immediately disclose the settlement.
The court dismissed the motions, finding genuine issues for trial regarding the doctrine of inconsistent election and the unjust enrichment claims.
The court also held that the settlement was disclosed in a timely manner once it was finalized, so a stay was not warranted.
