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

BANKERS STANDARD INSURANCE COMPANY v. EARTHCORE INDUSTRIES, LLC et al

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: 
1:13-cv-00493- Search Pacer
ACE Group party(s): 
Court Type: 
Federal
US District Court: 
Northern District of Georgia
Date Filed: 
Feb 14 2013

"COUNT I – EARTHCORE – NEGLIGENT INSTALLATION

33. Pursuant to its installation of the Isokern fireplace, Earthcore owed to Hunt the duty to ensure that the fireplace was installed properly and safely so as to avoid exposing Hunt to an unreasonable risk of injury to his person and property.

34. Earthcore breached the duty it owed to Hunt by:

A. Failing to ensure that the fireplace was installed properly and safely;
B. Improperly installing defective blocks in the fireplace that were cracked and/or unduly susceptible to cracking;
C. Failing to ensure that the fireplace was installed in such a manner that it was not susceptible to cracking;
D. Failing to properly supervise the installation of the fireplace to ensure that it was done properly and safely; and
E. Other acts or omissions as discovery may reveal.

35. The damages complained of are the direct, proximate, and foreseeable result of Defendant Earthcore’s breach of duty and negligence.

COUNT II – EARTHCORE – NEGLIGENT REPAIR

36. Pursuant to its repair of the fireplace after the crack was detected in the firebox, Earthcore owed to Hunt the duty to repair the crack in a proper and safe manner so as to avoid exposing Hunt to an unreasonable risk of injury to his person and property.

37. Earthcore breached the duty it owed to Hunt by:
A. Failing to properly and safely repair the crack found in the Isokern fireplace;
B. Failing to properly supervise the repair of the crack to ensure that repairs were performed properly and safely; and
C. Other acts or omissions as discovery may reveal.

COUNT III – WEST COBB – NEGLIGENT INSTALLATION

38. Pursuant to its installation of the Isokern fireplace, West Cobb owed to Hunt the duty to ensure that the fireplace was installed properly and safely so as to avoid exposing Hunt to an unreasonable risk of injury to his person and property.

39. West Cobb breached the duty it owed to Hunt by:

A. Failing to ensure that the fireplace was installed property and safely;
B. Improperly installing defective blocks in the fireplace that were cracked and/or unduly susceptible to cracking;
C. Failing to ensure that the fireplace was installed in such a manner that it was not susceptible to cracking;
D. Failing to properly supervise the installation of the fireplace to ensure that it was done properly and safely; and
E. Other acts or omissions as discovery may reveal.

40. The damages complained of are the direct, proximate, and foreseeable result of Defendant West Cobb’s breach of duty and negligence.

COUNT IV – WEST COBB – NEGLIGENT REPAIR

41. Pursuant to its repair of the fireplace after the crack was detected, West Cobb owed to Hunt the duty to repair the crack in a proper and safe manner so as to avoid exposing Hunt to an unreasonable risk of injury to his person and property.

42. West Cobb breached the duty it owed to Hunt by:
A. Failing to properly and safely repair the cracks found in the Isokern fireplace;
B. Failing to properly supervise the repair of the cracks to ensure that repairs were performed properly and safely..."

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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