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

BANKERS STANDARD INSURANCE COMPANY v. KOHLER CO. 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: 
2:12-cv-05313 Search Pacer
ACE Group party(s): 
Court Type: 
Federal
US District Court: 
Eastern District of New York
Date Filed: 
Oct 23 2012

"AS AND FOR A FIRST CAUSE OF ACTION NEGLIGENCE

34. Plaintiff fully incorporates by reference all of the allegations contained in paragraphs One through Thirty-Three, above, as though more fully set forth at length herein.

35. The subject toilet failure and water damage, as well as the consequent severe and substantial damages sustained to the real and personal property of Louis Lester, was directly and proximately caused by the negligence per se, carelessness, recklessness, and/or negligent acts and/or omissions of Defendant Kohler, Defendant Watts Water and/or Defendant Watts Regulator, by and through their employees, representatives, contractors, sub-contractors and/or agents, in failing to properly manufacture, distribute, sell, assemble, inspect, maintain and/or test the subject toilet and/or Flushometer Tank, and/or their component parts manufactured, assembled, sold and/or distributed by Defendants.

36. As a direct and proximate result of the aforesaid acts of negligence per se, carelessness, recklessness, and/or negligent acts and/or omissions of Defendant Kohler, Defendant Watts Water and/or Defendant Watts Regulator, by and through their employees, representatives, contractors, sub-contractors and/or agents, Lester sustained real and personal property damage, including reasonable additional living expenses, the fair and reasonable value of which is in excess of Three Hundred Forty-One Thousand Five Hundred Twenty-One Dollars ($341,521.00).

37. Lester subsequently submitted a claim to Plaintiff Bankers Standard for reimbursement pursuant to the subject policy for the full amount of damages he sustained as a result of the subject water damage, including the reasonable costs incurred related to additional living expenses resulting from the subject water damage.

38. Pursuant to the obligations owed to Lester under the terms and conditions of the subject policy, Plaintiff Bankers Standard, reimbursed Louis Lester and paid others on his behalf an amount in excess of Three Hundred Forty-One Thousand Five Hundred Twenty-One Dollars ($341,521.00).

39. By virtue of the aforesaid payments and pursuant to the terms of the subject insurance policy, Plaintiff Bankers Standard became subrogated, to the full extent of the payments made, to Lester's rights of recovery arising out of the subject water damage and is entitled to recover the same amount from the defendants named in this action.

WHEREFORE, Plaintiff, Bankers Standard Insurance Company as subrogee of Louis Lester, demands judgment against Defendants, Kohler Co., Watts Water Technologies, Inc. and Watts Regulator Co., in an amount in excess of Three Hundred Forty-One Thousand Five Hundred Twenty-One Dollars ($341,521.00) together with interest, the costs of this action, and such other and further relief as the Court may deem just and proper.

AS AND FOR A SECOND CAUSE OF ACTION STRICT PRODUCTS LIABILITY

40. Plaintiff fully incorporates by reference all of the allegations contained in paragraphs One through Thirty-Nine above, as though more fully set forth at length herein.

41. The subject toilet failure and water damage and the resulting severe and substantial damages sustained by Lester for which Defendant Kohler, Defendant Watts Water and/or Defendant Watts Regulator are strictly liable, were directly and proximately caused by the improper and/or defective design, manufacture and/or assembly of the subject toilet and/or Flushometer Tank, and/or their component parts manufactured, assembled, sold and/or distributed by Defendants.

42. Upon information and belief, the improper and/or defective design, manufacture and/or assembly of the subject toilet and/or Flushometer Tank, and/or their component parts manufactured, assembled, sold and/or distributed by Defendants, directly and proximately created a dangerous condition in the subject toilet that posed an unreasonable risk of harm to the subject premises.

43. Upon information and belief, the subject toilet and/or Flushometer Tank were designed, manufactured, assembled, distributed, sold and/or otherwise placed into the stream of commerce by Defendant, Kohler and, as such, Defendant Kohler is strictly liable to Plaintiff Bankers Standard, under the laws of the State of New York and under the principles set forth in § 402 A of the Restatement of Torts, 2d.

44. Upon information and belief, certain component parts for the subject toilet and/or Flushometer Tank, including but not limited to one or more pressure regulators, were designed, manufactured, assembled, distributed, sold and/or otherwise placed into the stream of commerce by Defendant Watts Water and/or Defendant Watts Regulator, and, as such, Defendant Watts Water and/or Defendant Watts Regulator are strictly liable to Plaintiff, Bankers Standard, under the laws of the State of New York and under the principles set forth in § 402 A of the Restatement of Torts, 2d.

45. Upon information and belief, Defendant Kohler, Defendant Watts Water and/or Defendant Watts Regulator knew or reasonably should have known that the aforementioned improper and/or defective design, manufacture and/or assembly of the subject toilet and/or Flushometer Tank, and/or the component parts manufactured by Watts Water and/or Watts Regulator, were unreasonably dangerous products which exposed members of the public and the Lesters' property to an unreasonable risk of harm of damage by failure of the toilet and water.

46. In distributing and/or otherwise placing into the stream of commerce the subject defective toilet and/or Flushometer Tank, and/or the component parts manufactured by Watts Water and/or Watts Regulator, Defendant Kohler, Defendant Watts Water and/or Defendant Watts Regulator proximately caused Plaintiffs insured's damages and should be held strictly liable for the same.

47. As a direct and proximate result of the aforesaid strict liability producing acts and omissions of Defendant Kohler, Defendant Watts Water and/or Defendant Watts Regulator, and/or their representatives, agents, servants and/or employees for which Defendant Kohler, Defendant Watts Water and/or Defendant Watts Regulator are strictly liable, Plaintiffs insured has sustained severe and substantial property damages, including reasonable additional living expenses, the fair and reasonable value of which is in excess of Three Hundred Forty-On Thousand Five Hundred Twenty-One Dollars ($341,521.00).

48. Lester subsequently submitted a claim to Plaintiff, Bankers Standard, for reimbursement pursuant to the subject policy for the full amount of damages he sustained as a result of the subject water leak, including the reasonable costs incurred related to additional living expenses resulting from the subject water damage.

49. Pursuant to the obligations owed to Lester under the terms and conditions of the subject policy, Plaintiff, Bankers Standard, reimbursed Louis Lester and paid others on his behalf in an amount in excess of Three Hundred Forty-One Thousand Five Hundred Twenty-One Dollars ($341,521.00).

50. By virtue of the aforesaid payments and pursuant to the terms of the subject insurance policy, Plaintiff, Bankers Standard, became subrogated, to the full extent of the payments made, to Lester's rights of recovery arising out of the subject water leak and is entitled to recover the same amount from the Defendants named in this action.

WHEREFORE, Plaintiff, Bankers Standard Insurance Company as subrogee of Louis Lester, demands judgment against Defendants, Kohler Co., Watts Water Technologies, Inc. an Watts Regulator Co., in an amount in excess of Three Hundred Forty-One Thousand Five
\ Hundred Twenty-One Dollars ($341,521.00) together with interest, the costs of this action, and
such other and further relief as the Court may deem just and proper."

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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