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

WESTCHESTER FIRE INSURANCE CO. v. ENVIROGUARD, 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: 
3:13-cv-01620 Search Pacer
ACE Group party(s): 
Court Type: 
Federal
US District Court: 
Connecticut District Court
Date Filed: 
Nov 5 2013

THE PARTIES
4. Plaintiff Westchester Fire Insurance Company (hereinafter referred to as
"Westchester") is a Pennsylvania corporation, with its principal place of business at 436 Walnut
Street, Philadelphia, Pennsylvania 19106 and is, accordingly, a citizen of the Commonwealth of
Pennsylvania.
5. Westchester Fire was and is duly authorized to transact surety business in the
State of Connecticut.
6. Defendant ENVIROGUARD, LLC (hereinafter "Enviroguard") is a Connecticut
limited liability company, with its principal place of business at 81 Silvermine Road, Seymour,
Connecticut 06483 and is, therefore, a citizen of the State of Connecticut.
7. Defendant CLEAN AIR CONSULTANTS, LLC (hereinafter, (Clean Air") is a
Connecticut limited liability company with its principal place of business 81 Silvermine Road,
Seymour, Connecticut 06483 and is, therefore, a citizen of the State of Connecticut.
8. Defendant SILVERMINE EQUITIES, LLC, is a Connecticut limited liability
company with its principal place at business 81 Silvermine Road, Seymour, Connecticut 06483
and is, therefore, a citizen of the State of Connecticut.
9. Defendant MARK COSTANTINI is domiciled in the State of Connecticut,
residing at 43 Crescent Place, Monroe, Connecticut 06448 and is, therefore, a citizen of the State
of Connecticut.
10. Defendant LISA COSTANTINI is domiciled in the State of Connecticut, residing
at 43 Crescent Place, Monroe, Connecticut 06448 and is, therefore, a citizen of the State of
Connecticut.
11. Defendant MARIO MARINI is domiciled in the State of Connecticut, residing at
135 Governor Trumbull Way, Trumbull, Connecticut 06611, and is, therefore, a citizen of the
State of Connecticut.
12. Defendant MICHELLE MARINI is domiciled in the State of Connecticut,
residing at 135 Governor Trumbull Way, Trumbull, Connecticut 06611, and is, therefore, a
citizen of the State of Connecticut. .
13. For the purpose of inducing Westchester to execute, as surety, performance and
payment bonds for Enviroguard and Clean Air, the Defendants, as "Principals" or "Indemnitors"
each executed an Agreement of Indemnity dated October 15, 2010 (hereinafter referred to as the
"Agreement") in which Defendants agreed, among other things, to indemnify Westchester for all
amounts it was required to pay or to incur by reason of its execution such performance and
payment bonds. A copy of the Agreement is annexed hereto as Exhibit "A".
14. The Agreement set forth the following provisions:
PRINCIPAL(s) and INDEMITOR(s) shall exonerate, hold
harmless, indemnify and keep indemnified SURETY from and
against any and all claims, demands and liability for losses, costs,
expenses of whatsoever kind or nature, including, but not limited
to court costs, counsel fees, costs of investigation, consultant fees,
account fees, engineer or construction management fees, together
with interest thereon at the maximum rate allowed by law, which
SURETY may sustain or incur by reason of or in consequence of
the:

A. Execution or procurement of execution of
BOND(s);
B. Failure by the PRINCIPAL(s) or INDEMNITOR(s)
to perform or comply with any of the covenants or
conditions of the AGREEMENT;
C. Any Event of Default herein;
D. Enforcement of any covenant of this
AGREEMENT;
E. Performance of any investigation, attempt or
attainment of any release in connection with any
BOND(s) or any loss or unpaid premium in
connection with any BOND(s);
F. Prosecution or defense of any action or claim in
connection with any BOND(s), whether SURETY,
at its own discretion, elects to employ counsel of its
own selection or permits or requires PRINCIPAL(s)
or INDEMNITOR(s) to make arrangements for
SURETY'S legal representation; and
G. Attempt to recover losses or expenses paid or
incurred in connection with this AGREEMENT,
CONTRACT(s) and/or BOND(s).
Payment shall be made to SURETY by the
PRINCIPAL(s) and/or INDEMNITOR(s) as soon as
liability exists or is asserted against SURETY, whether or
not SURETY shall have made any payment therefore.
Such payment shall be equal to whatever amount
SURETY, in its judgment, shall deem sufficient to protect
it from loss. SURETY shall have the right to use the
payment or any part thereof, in payment or settlement of
any liability, loss or expense for which PRINCIPAL(s)
and/or INDEMNITOR(s) would be obligated to indemnify
SURETY under the terms of this AGREEMENT.
15. Westchester executed as surety for Enviroguard and Clean Air performance and
payment bonds (the "Bonds") for construction contracts to be performed by Enviroguard and
Clean Air which the bonds named as principals.

16. Westchester received claims on the Bonds from payment bond obligees for
amounts owed to the obligees by Enviroguard and Clean Air and which they had failed to pay.
As a result, Westchester was required to, and did, pay the payment bond obligees a total of
$134,186.49.
16. To date, Westchester Fire has incurred legal and other expenses in the amount of
$13,466.93 in connection with Enviroguard's and Clean Air's failure to pay their bonded
obligations, and Westchester will continue to incur such expenses for the prosecution of this
action.
18. Westchester Fire executed Bonds pursuant to the Agreement with the Defendants,
upon which obligees of the Bonds made claims.
20. Pursuant to the Agreement, the Defendants were obligated to indemnify Plaintiff
Westchester Fire for the payments made to pay claims under the bonds.
21. To date, the Defendants have not paid any part of the amounts that Westchester
has paid for claims under the Bonds and related expenses totaling $147,653.42, and said amount
remains due and owing.
22. By reason of the foregoing, Plaintiff Westchester Fire demands that Defendants
pay the amount of $147,653.42, plus any future loss, costs, fees or expenses incurred, plus
interest and attorneys' fees.

WHEREFORE, Plaintiff Westchester Fire Insurance Company, respectfully requests
judgment against all Defendants in the amount of $147, 653.42, plus any future loss, costs, fee or
expenses it may incur, together with attorneys' fees for this action and interest and for such other
and further relief as this 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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