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

LOGISTICS ONE WAREHOUSING, INC. v. WESTCHESTER FIRE INSURANCE 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: 
1:11-cv-00508 Search Pacer
ACE Group party(s): 
Opposing Party: 
Logistics One Warehousing, Inc.
Court Type: 
Federal
US District Court: 
Northern District of New York
Date Filed: 
May 4 2011

"5. On or about April 23,2010, Defendant issued a building and personal property coverage policy (the "Policy") to Logistics One which provided coverage for Logistics
One's warehouse facility at 218 West Yard Road, Feura Bush, New York (the "Property").

6. On July 11,2010, the floor slabs of the Property were undermined and suffered significant damage. This damage was the result of a rupture to the sprinkler line serving
the warehouse, which runs below the warehouse.

7. Upon rupturing, water poured out from underneath the floor of the warehouse, causing the floor slabs to be undermined.

8. Promptly after the incident, Logistics One notified Defendant of the loss (the "Loss") and made a claim for coverage.

9. The Loss was the result of a "cause of loss" covered by the Policy.  Pursuant to the "additional coverage extensions" of the Policy, Defendant agreed to provide
coverage for "covered water damage."

10. "Covered water damage" is defined in Section G.3. of the Policy to mean "accidental discharge or leakage of water or steam as the direct result oftlte breaking apart or
cracking of a. plumbing, heating, air conditioning or other system or appliance (other than a sump system including its related equipment and parts), that is located on the described premises and contains water or steam." (Emphasis added.)

11. The Policy further provides that, pursuant to Section F of the Policy's "Cause of Loss - Special Form", in the event of "loss or damaged caused by or resulting from covered water ... damage," Defendant agreed to "pay the cost to tear out and replace any part of the building or structure to repair damage to the system or appliance from which the water or other substance escapes.""

 

"22. Defendant breached its obligations under the Policy by felling and/or refusing to provide coverage for the Loss, despite its clear contractual obligation to do so.

23. Logistics One was damaged by Defendant's breach of its obligation to provide insurance coverage.

24. Accordingly, Logistics One demands judgment against Defendant in an amount to be determined at trial, but believed to be in excess of $150,000.00."

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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