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

J. KOKOLAKIS CONTRACTING, INC. et al v. GRANITE STATE INSURANCE COMPANY 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: 
2:14-cv-01070 Search Pacer
ACE Group party(s): 
Opposing Party: 
J. Kokolakis Contracting, Inc.
Court Type: 
Federal
US District Court: 
Eastern District of New York
Date Filed: 
Feb 19 2014

THE INSURANCE POLICIES
10. On or about October 25, 2010, Kokolakis entered into a subcontract with Canatal
for the performance of certain work at the State University College of Technology at
Farmingdale, New York.
11. Pursuant to the insurance requirements contained in the subcontract, Canatal was
required to provide Kokolakis with Additional Insured coverage under its Commercial General
Liability and Umbrella Liability policies for losses arising out of work performed pursuant to the
subcontract agreement.
12. Integra (Canada) Ltd., located at 1010 Sherbrooke Street West, Suite 2100,
Montreal, Quebec, H3A2R7, issued a certificate of insurance as agent for Canatal and defendants
Granite and AIG. The certificate of insurance states that Granite provided Commercial General
Liability policy to Canatal bearing Policy Number 02-LX-022853620-1. The certificate of
insurance also states that AIG issued an Umbrella Liability insurance policy to Canatal bearing
Policy Number 6645 80 94. The certificate of insurance indicates that plaintiff, Kokolakis, is
named as an additional insured on a primary and non-contributory basis on both the Commercial
General Liability and Umbrella Liability policies. A copy of the certificate of insurance is
annexed hereto as Exhibit A.
13. Upon information and belief, Granite issued a Commercial General Liability
policy to Canatal bearing Policy Number 02-LX-022853620-1 with a policy period of June 23,
2011 - June 23, 2012 and bearing liability limits of $2,000,000 per occurrence (the "Granite
Policy"). Upon information and belief, the Granite policy afforded Additional Insured coverage
to Kokolakis on a primary and non-contributory basis with respect to liability arising out of work
performed pursuant to the subcontract agreement. This policy was in full force and effect at the
time of the accident at issue in the Johnson action.
14. Upon information and belief, AIG issued an Umbrella Liability insurance policy
to Canatal bearing Policy Number 6645 80 94 with a policy period of June 23, 2011 - June 23,
2012 and bearing liability limits of $5,000,000 per occurrence (the "AIG Policy"). Upon
information and belief, the AIG policy afforded Additional Insurance coverage to Kokolakis on a
primary and non-contributory basis, with respect to liability arising out of work performed
pursuant to the subcontract agreement. This policy was in full force and effect at the time of the
accident at issue in the Johnson action.

THE UNDERLYING JOHNSON ACTION
15. On or about February 2, 2012, a lawsuit was filed in the New York State Supreme
Court, New York County entitled Kebra Johnson v. Dormitory Authority of the State of New
York and J, Kokolakis Contracting, Inc., Index No. 14200/2012. This action was subsequently
transferred to Suffolk County pursuant to motion. The lawsuit arose out of an accident in which
Kebra Johnson allegedly sustained bodily injuries while in the employment of Lo-Bid on
September 13, 2011 at a construction site located at the new campus of SUNY Farmingdale in
the County of Suffolk, State of New York. The complaint sought damages for personal injury,
and pecuniary losses based upon causes of action for negligence and violations of the New York
State Labor Law. A copy of the Summons and Complaint in the underlying action is annexed
hereto as Exhibit B.
16. On or about July 3, 2012, Kokolakis commenced a third party action against
Canatal. The third party action asserted causes of action for contribution, common law
indemnification and contractual indemnification. A copy of the Third Party Summons and
Complaint in the underlying action is annexed hereto as Exhibit C.
17. Kokolakis relied upon the representations contained on the certificate of insurance
in permitting Canatal to commence work at the Campus Center at SUNY Farmingdale.
18. Kokolakis tendered its defense and indemnity to both Granite and AIG based
upon its status as an additional insured under the CGL and Umbrella Policies.
19. Kokolakis has satisfied all conditions precedent to coverage under the policies of
insurance issued by Granite and AIG.
20. Defendants Granite and AIG have failed and refused to defend and indemnify
Kokolakis under the subject policies.
21. A real and judiciable controversy exists between the parties.
22. No other remedy at law exists for plaintiffs.

AS AND FOR A FIRST CAUSE OF ACTION
23. Plaintiffs repeat and re-allege Paragraphs 1 through 22.
24. The policies issued by Granite and AIG afford Additional Insured coverage
pursuant to the representations contained on the certificate of insurance issued by defendants'
authorized agent.
25. Kokolakis qualifies as an additional insured under the policies of insurance issued
by Granite and AIG to Canatal Steel USA in connection with the underlying action.
26. The allegations contained in the Complaint served by Kebra Johnson in the
underlying action, as well as facts known to Granite and AIG, trigger a duty to defendant
Kokolakis as an additional insured under the policies at issue.
27. Plaintiffs request a declaration that defendants are required to provide a defense to
Kokolakis in connection with the underlying action and to reimburse ACE for all defense costs
associated with defending the underlying action.

AS AND FOR A SECOND CAUSE OF ACTION
28. Plaintiffs repeat and re-allege Paragraphs 1 through 27.
29. The allegations contained in the Complaint filed by Kebra Johnson in the
underlying action as well as facts known to Granite and AIG trigger a duty to indemnify
Kokolakis as an additional insured under the Commercial General Liability and Umbrella
insurance policies issued to Canatal.
30. Plaintiffs request a declaration that the defendants are required to provide
indemnification to Kokolakis based upon its status as an additional insured.

AS AND FOR A THIRD CAUSE OF ACTION
31. Plaintiffs repeat and re-allege Paragraphs 1 through 30.
32. ACE issued a commercial general liability policy to Kokolakis, Policy No:
G24547905 with a policy period of June 24, 2011 - June 24, 2012. The policy was in full force
and effect on September 13, 2011.
33. ACE has been defending Kokolakis in connection with the underlying action
under policy G24547905 on a primary basis. Coverage afforded under ACE's policy is excess to
the Granite and AIG policies.

34. Granite and AIG are obligated to defend Kokolakis on a primary, noncontributory
basis as an additional insured.
35. ACE's policy applies on an excess basis for Kokolakis.
36. Granite and AIG are obligated to reimburse ACE for defense costs incurred from
commencement of the underlying action to present.

AS AND FOR A FOURTH CAUSE OF ACTION
37. Plaintiffs repeat and re-allege Paragraphs 1 through 36.
38. Plaintiff Kokolakis is an additional insured under the Granite and AIG policies.
39. Defendants failed to provide coverage required under the terms of the subject
insurance policies.
40. Defendants breached their obligations under the policies.
41. Defendants wrongful failure to provide coverage under the policies will damage
plaintiffs in an amount to be determined at trial.
42. Plaintiffs request a trial by jury.

WHEREFORE, Plaintiffs, J. KOKOLAKIS CONTRACTING, INC. and ACE AMERICAN
INSURANCE COMPANY demand judgment as follows:
A. Declaring that Granite State Insurance Company was and is
obligated to defend Kokolakis as an additional insured in the
underlying action on a primary basis; and
B. Declaring that Granite State Insurance Company was and is
obligated to indemnify Kokolakis in the underlying action on a
primary basis; and
C. Declaring that AIG Canada f/k/a Chartis Insurance Company of
Canada was and is obligated to defend Kokolakis as an additional
insured in the underlying action on a primary basis; and
D. Declaring that AIG Canada f/k/a Chartis Insurance Company of
Canada was and is obligated to indemnify Kokolakis in the
underlying action on a primary basis; and
F.
Requiring Granite State Insurance Company to reimburse the
plaintiff ACE for all defense costs and fees associated with the
defense of the underlying action incurred to date; and
Requiring AIG Canada f/k/a Chartis Insurance Company of
Canada to reimburse the plaintiff ACE for all defense costs and
fees associated with the defense of the underlying action incurred
to date; and
G. Awarding to plaintiffs' attorneys' fees, costs, disbursements
incurred in the present action; and
H. For such other and further relief as this Court deems 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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