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The Collaborative Clearinghouse for Lawsuits and Other Claims Against ACE Group Insurance Companies

BANKERS STANDARD INSURANCE COMPANY v. BRASSCRAFT MANUFACTURING COMPANY

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: 
1:15-cv-00862 Search Pacer
ACE Group party(s): 
Court Type: 
Federal
US District Court: 
District of Maryland
Date Filed: 
Apr 24 2015

COMPLAINT
Plaintiff, BANKERS STANDARD Insurance Company, as subrogee of Amy Elias, by
and through its undersigned attorneys, upon information and belief, hereby alleges as follows:
 
PARTIES
1. Plaintiff, Bankers Standard Insurance Company (“Bankers Standard”), is a
Pennsylvania corporation with its principal place of business located at 436 Walnut Street,
Philadelphia, PA 19106, and at all times material hereto, was authorized to issue policies of
insurance in the State of Maryland.
2. Defendant, Brasscraft Manufacturing Company (“Brasscraft”), is a California
corporation with its principal place of business located at 39600 Orchard Hill Place, Novi,
Michigan and, at all times material hereto, was engaged in the business of manufacturing and
distributing plumbing fixtures.

JURISDICTION AND VENUE
3. Jurisdiction is based upon diversity of citizenship pursuant to 28 U.S.C. §1332 in
that this is an action between citizens of different states and the amount in controversy, exclusive
of costs and interest, exceeds the sum of Seventy-Five Thousand Dollars ($75,000.00).
4. Venue is properly laid in this judicial district because this is the judicial district in
which the claim arose.

FACTUAL ALLEGATIONS
5. At all times material hereto, Amy Elias owned and resided at the real property
located at 5705 Visitation Lane, Baltimore, Maryland (“the Property”).
6. At all times material hereto, Bankers Standard provided property insurance to
Elias for the Property.
7. Before July 22, 2014, there was a toilet in the property.
8. The toilets were installed using Brasscraft water supply lines.
9. On or about July 22, 2014, a plastic nut for a Brasscraft water supply line attached
to a toilet (“the Water Supply Valve”) cracked, resulting in significant water damage to the
Property (“the Incident”).  
10. The Incident was the result of a defect in the Water Supply Valve designed,
manufactured and/or distributed by defendant Brasscraft.  
11. Pursuant to the terms of the aforementioned policy of insurance, to date, plaintiff
has reimbursed its insured in the amount of $318,000 for damages resulting from the Incident.    
12. In accordance with the common law principles of legal and equitable subrogation,
Bankers Standard is subrogated to the rights of its insured with respect to any claims against
defendant.

COUNT I
STRICT LIABILITY  
13. Plaintiff incorporates by reference the foregoing paragraphs as though fully set
forth herein.
14. The defendant designed, manufactured, distributed, supplied and/or placed into
the stream of commerce the Water Supply Valve, which was intended by the defendant to be
used by members of the general public, including persons such as plaintiff’s insured.
15. The Water Supply Valve was unreasonably dangerous and unsafe for its intended
use by reason of defects in its design and/or manufacture, which existed when the defendant
placed it into the stream of commerce.
16. The Incident and resulting damages were proximately caused by the defects in the
Water Supply Valve.  
17. Defendant is strictly liable for the Incident and resulting damages pursuant to
Restatement (Second) of Torts §402(a), et seq.
WHEREFORE, plaintiff Bankers Standard demands judgment against defendant
Brasscraft in an amount in excess of THREE HUNDRED THOUSAND DOLLARS ($300,000),
excluding interest and costs.

COUNT II
BREACH OF WARRANTIES
18. Plaintiff incorporates by reference the foregoing paragraphs as though fully set
forth herein.
19. In designing, manufacturing, distributing, selling and/or supplying the Water
Supply Valve, defendant expressly and impliedly warranted that it was fit for the particular and
ordinary purpose for which it was intended and that the Water Supply Valve was of good and
merchantable quality.
20. By designing, manufacturing, distributing, selling and/or supplying the Water
Supply Valve in a defective and unreasonably dangerous condition as heretofore described,
defendant breached its express and implied warranties.
21. Upon discovery of the aforesaid breaches of warranty, plaintiff gave prompt and
reasonable notice to defendant, but defendant has failed and refused to reimburse plaintiff for the
aforementioned damage.
22. As a direct and proximate result of the above-referenced breaches of warranties,
the Incident occurred and caused substantial damage to plaintiff.
WHEREFORE, plaintiff Bankers Standard demands judgment against defendant
Brasscraft in an amount in excess of THREE HUNDRED THOUSAND DOLLARS ($300,000),
excluding interest and costs.
      Respectfully submitted,  
     STRAVITZ LAW FIRM, PC
By:       /s/ Eric N. Stravitz     
      Eric N. Stravitz (Bar No. 23610)
      4300 Forbes Boulevard
      Suite 205
      Lanham, MD 20706
O: (240) 467-5741
F:  (240) 467-5743
E:  eric@stravitzlawfirm.com  
 
Counsel for Plaintiff
OF COUNSEL:
WILLIAM N. CLARK, JR.
COZEN O’CONNOR
1900 Market Street
Philadelphia, PA 19103
O:  (215) 665-4101
F:  (215) 665-2013
wclark@cozen.com

DEMAND FOR JURY TRIAL
 Plaintiff respectfully requests a trial by jury in the above-captioned matter

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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