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BANKERS STANDARD INSURANCE COMPANY v. ALL AMERICAN CHIMNEY SWEEPS, INC.

ATTENTION: It is possible that this information may no longer be current and therefore may be inaccurate. The index contains both open and closed cases and is not a complete list of cases in which an ACE Insurance Group company is involved. This information is provided to give interested persons an idea of the issues disputed in the indexed cases. For a full understanding of a case, one should read the rest of the court file, including the response. For the most up-to-date and complete information on a case, visit www.pacer.gov or contact the clerk of the relevant court.

Case Number: 
7:12-cv-04982 Search Pacer
ACE Group party(s): 
Opposing Party: 
All American Chimney Sweeps, Inc.
Court Type: 
Federal
US District Court: 
Southern District of New York
Date Filed: 
Jun 26 2012

"4. es material hereto, Plaintiff Bankers Standard provided insurance coverage to Marcus d Elaine Cree (hereinafter "the Crees") with respect to the real and personal property loca ed at 14 Goldens Bridge Road, Katonah, New York (hereinafter "the property").
5. At all t mes material hereto, the Crees maintained a wood burning stove at the
property.

6. The w od burning stove as installed was not in compliance with the standards promulgated by the N tional Fire Protection Association (hereinafter "NFP A"), the existing building codes for the State of New York, and was deficient and dangerous in certain respects, including but not limi ed to the following:
(a) the wood burning stove as installed was connected to the chimney through a single wall flue pipe, despite NFP A standards that mandate a double wall flue pipe;
(b) the flue pipe penetrated the wall through a one-inch thick brick fayade mounted over plywood, despite NFP A standards that mandate an eighteeninch clearance between combustibles and the single wall flue pipe; and
(c) the chimney lacked a flue liner, despite NFPA standards that mandate masonry chimneys be lined.

7. The fo egoing deficiencies and dangerous conditions and other deficiencies and dangerous conditions ere readily observable to any professional with experience in servicing and cleaning chimney .

8. On or bout October 13, 2010, All American provided service for the wood burning stove, the flu pipe and the chimney including cleaning the flue pipe and chimney.

9. On or bout November 13,2011, All American provided service for the wood burning stove, the flu pipe and the chimney including cleaning the flue pipe and chimney.

10. to service and clean the flue pipe and chimney on or about October 13, 2010 and November 1 ,2011, All American would necessarily have had to disconnect the flue pipe from the base of he chimney, disassemble the flue pipe, and access the base of the chimney.

11. After s rvicing and cleaning the flue pipe and chimney on or about October 13, 2010 and November 1 , 2011, All American would necessarily have had to reassemble the flue pipe, and reattach the ue pipe to the base of the chimney.

12. In the ourse of providing its services for the wood burning stove on or about October 13, 2010 and ovember 13,2011, All American observed, or reasonably should have observed, the numero s deficiencies and dangerous conditions with the wood burning stove installation, the flue p pe, and the chimney.

13. Despit observing these deficiencies and dangerous conditions on or about October 13,2010 and ovember 13, 2011, All American failed to make any recommendations to the Crees concerning orrective measures for the single wall flue pipe, the clearance from combustibles, or the a sence of a flue liner.

14. Despit observing these deficiencies and dangerous conditions on or about October 13,2010 and ovember 13, 2011, All American failed to warn or otherwise inform the Crees that they shoul not use the wood burning stove.

15. On or bout March 11, 2012, a fire originated at the location where the flue pipe for the wood burning tove penetrated the wall and entered the chimney base.

16. The fir caused substantial damage and destruction to the Crees' real and personal property, and necessit ted the Crees move out of their home for an extended period.

17. Pursu t to the terms and conditions of its contract of insurance, Plaintiff Bankers Standards has made p yments to the Crees in an amount in excess of $75,000.

18. As are ult of the aforesaid payments, and pursuant to the contract of insurance and by operation ofla , Plaintiff Bankers Standard is subrogated to the rights of the Crees against all parties resp nsible for the occurrence of said damages.

COUNT I - NEGLIGENCE

19. Plainti Bankers Standard incorporates by reference the allegations in the paragraphs abovc as tough fully set forth at length herein.

20. The fir and the consequent damage to the Crees' property was caused by the negligence, carelessne s and negligent omissions of Defendant All American, its agents, servants and/or employees acti g within the course and scope of their employment in:
(a) failing to provide its services in a proper and safe manner;
(b) failing to perform a proper inspection of the wood burning stove, the flue pipe and the chimney in accordance with accepted standards and practices in the industry;
(c) failing to perform a proper cleaning of the wood burning stove, the flue ipe and the chimney in accordance with accepted standards and practices in the industry;
(d) failing to properly inspect, identify and report the deficient and dangerous conditions of the wood burning stove installation, the flue pipe, the himble and the chimney;
(e) ailing to recommend correcting the deficient and dangerous conditions of e wood burning stove installation, the flue pipe, the thimble and the hirnney;
(f) ailing to identify and warn about the deficient and dangerous conditions xi sting at the property;
(g) creating the deficient and dangerous condition that exposed the Crees to the risk of damages resulting from a fire by reassembling the faulty wood. burning stove installation including but not limited to reconnecting the single wall flue pipe to the chimney base;
(h) leaving the property in a condition that exposed the Crees to the risk of damages resulting from a fire;
(i) failing to take all reasonable and necessary precautions to safeguard the property against the risk of fire;
(j) causing and/or allowing the fire to occur; and
(k) otherwise failing to use due care under the circumstances.

21. As a d' ect and proximate result of the aforesaid conduct of Defendant All American, Plaintiff B ers Standard sustained damage in an amount in excess of $75,000.
WHEREFORE , Plaintiff Bankers Standard demands judgment against Defendant All American in an amo t in excess of $75,000, together with interest and the cost of this action.
"

The provided text is an excerpt from a document filed in this case. For a full understanding of the case, one should read the complete court file, including the response.

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