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

BANKERS STANDARD INSURANCE COMPANY v. DOMINICCI

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: 
2:13-cv-02845 Search Pacer
ACE Group party(s): 
Court Type: 
Federal
US District Court: 
District of New Jersey
Date Filed: 
May 3 2013

"COUNT I
NEGLIGENCE

12. Plaintiffs incorporate paragraphs 1 through 11 as if fully set forth herein.

13. The water leak and resulting damage referred to above resulted from the negligence, carelessness and/or recklessness of the defendant, and/or its agents, servants and/or employees, said negligence, carelessness and/or recklessness in failing to properly maintain the water heater and/or associated piping, and in failing to replace an old water heater that had exceeded its anticipated useful life.

14. The defendant’s negligence was the legal, direct and proximate cause of the damages suffered by plaintiff’s insured.
WHEREFORE, plaintiff demands that judgment be entered in its favor and against the defendant, in an amount to be determined at trial, together with interest, costs and any other relief the Court deems just.

COUNT II
STRICT LIABILITY

15. Plaintiff hereby incorporates paragraphs 1 through 14 as though fully set forth herein.

16. As a unit owner in the Harmon Cove 1 Condominium, the defendant is obligated to comply with all regulations and by-laws passed by the Harmon Cove I Condominium Association, Inc.

17. Article VI, Section 3 of the by-laws, as amended on August 2, 2001, provides, in pertinent part:

A. In the event that property of the Harmon Cove I Association or property of a Harmon Cove I unit owner has been damaged by a problem originating in another Harmon Cove I unit, the owner of the unit in which the source of the problem originated, whether caused by neglect, maliciousness, accidental forces or ordinary wear and tear, is financially responsible for the damage incurred by other parties, be they another unit owner of the Association.

18. The failure of the water heater and/or associated piping on September 21, 2011 was proximately caused by the negligence, accidental forces and/or ordinary wear and tear of the water heater.

19. As such, the defendant is strictly liable for the damages that occurred to unit 196 under Article VI Section 3 of the by-laws, as amended on August 2, 2001."

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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