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AMI STAMPING LLC v. ACE AMERICAN INSURANCE COMPANY et al exhibit a - state complaint

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.

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2:14-cv-10176-DML-PJK
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EXHIBIT A
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STATE OF MICHIGAN THIRD JUDICIAL CIRCUIT WAYNE COUNTY 2 Woodward Ave., Detroit MI 48226 THIS CASE IS ASSIGNED TO JUDGE Plaintiff AMI Stamping, LLC, a Michigan Limited Liability Company Plaintiffs Attorney Andrew W. Mychalowych, P-39602 37000 Grand River Ave Ste 350 Farmington Hills, MI 48335-2812 CASE FILING FEE X Case Filing Fee-$150.00 THIS SUMMONS EXPOSES 3/21/2014 JURY FEE X Jury Fee - $85.00 Daphne Means Curtis Bar Number: 262S5
Defendant
Pg ID 9
CASE NO. 13-016312-CK Court Telephone No. 313-224-2240
SUMMONS AND RETURN OF SERVICE
Ace American Insurance Company Defendant's Attorney
ISSUED 12/20/2013
DEPUTY COUNTY CLERK File & Serve Tyler CATHY M. GARRETT - WAYNE COUNTY CLERK
•This summons is invalid unless served on or before its expiration date.
NOTICE T O THE DEFENDANT: In the name of the people of the State of Michigan you are notified: 1. You are being sued. 2. YOU HAVE 21 DAYS after receiving this summons to file an answer with the court and serve a copy on the other party or take other lawful action (28 days if you were served by mail or you were served outside this state). If you do not answer or take other action within the time allowed, judgment may be entered against you for the relief demanded in the complaint, There is no other pending or resolved civil action arising out of the same transaction or occurrence as alleged in the complaint. A civil action between these parties or other parties arising out of the transaction or occurrence alleged in the complaint has been previously filed in Court. There is no other pending or resolved action within the jurisdiction of the family division of circuit court involving the family or family members of the parties. An action within the jurisdiction of the family division of circuit court involving the family or family members of the parties has been previously filed in Court. The docket number and assigned judge of the civil/domestic relations action are: Docket No. Judge -1 The action ^ J remains j is no longer pending. Bar No.
3. X
I declare that the complaint information above and attached is true to the best of my information, knowledge, and belief.
Date
\9-t?a'i*>
SignaUire/OTyuorncy/plaintifF
COMPLAINT IS STATED ON ATTACHED PAGES. EXHIBITS ARE ATTACHED IF REQUIRED BY COURT RULE. If you require special accommodations to use the court because of a disability or if you require a foreign language interpreter to help you to fully participate in court proceedings, please contact the court immediately to make arrangements. MC 0I-3CC (09/2008) SUMMONS AND RETURN OF SERVICE MCR 2.102(B)(11), MCR 2.104, MCR 2.105, MCR 2.107, MCR 2.113(C)(2)(a),(b), MCR 3.206(A)
2:14-cv-10176-DML-PJK Doc # 1-2 Filed 01/15/14 Pg 3 of 15
STATE OF MICHIGAN THIRD JUDICIAL CIRCUIT WAYNE COUNTY
Pg ID 10
CASE NO. 13-016312-CK
RETURN OF SERVICE
TO PROCESS SERVER: You are to serve the summons and complaint not later than 91 days from the date of filing or the date of expiration on the order for second summons. You must make and file your return with the court clerk. If you are unable to complete service you must return this original and all copies to the court clerk.
CERTIFICATE / AFFIDAVIT OF SERVICE / NONSERVICE

OFFICER CERTIFICATE
OR

AFFIDAVIT OF PROCESS SERVER
I certify that I am a sheriff, deputy sheriff, bailiff, appointed court officer, or attorney for a party [MCR 2.104(A)(2)], and that: (notarization not requited) ~^ I served personally a copy of the summons and complaint,
Being first duly sworn, I state that I am a legally competent adult who is not a party or an officer of a corporate party, and that: (notarization not required)
] I served by registered or certified mail (copy of return receipt attached) a copy of the summons and complaint, together with __ __^_ List all documents served with the Summons and Complaint on the dcfendani(s): Defendant's name Complete address(es) of service Day, date, time
J I have personally attempted to serve the summons and complaint, together with any attachments, on the following defendant(s) and have been unable to complete service. Defendant's name Complete address(es) of service Day, date, time
I declare that the statements above are true to the best of me information, knowledge and belief. Service fee $ Miles traveled $ Mileage fee $ Total fee $
Signature Name (type or print)
Title
Subscribed and sworn to before me on Date My commission expires; Date Notary public, State of Michigan, County of, Signature: Deputy court clerk/Notary public ACKNOWLEDGMENT OF SERVICE 1 acknowledge that I have received service of the summons and complaint, together with Attachments on Day, date, time on behalf of Signature
^ County, Michigan.
MC 01-3CC (09/2008) SUMMONS AND RETURN OF SERVICE MCR2.102(B)(11), MCR 2,104, MCR 2.105, MCR 2.107, MCR 2.113(C)(2)(a),(b), MCR 3.206(A)
2:14-cv-10176-DML-PJK Doc # 1-2 Filed 01/15/14 Pg 4 of 15
STATE OF MICHIGAN THIRD JUDICIAL CIRCUIT WAYNE COUNTY 2 Woodward Ave., Detroit MI 48226 THIS CASE IS ASSIGNED TO JUDGE Plaintiff AMI Stamping, LLC, a Michigan Limited Liability Company Plaintiffs Attorney Andrew W. Mychalowych, P-39602 37000 Grand River Ave Ste 350 Farmington Hills, MI 48335-2812 Daphne Means Curtis Bar Number: 26255 Defendant SUMMONS AND RETURN OF SERVICE
Pg ID 11
CASE NO. 13-016312-CK Court Telephone No. 313-224-2240
Ace American Insurance Company Defendant's Attorney
•' >'••-.rs£*J ;•••- 'JURyj?E£ K . • C-lij*
X] Case Filing Fee - $ 150.00
fe*.-.,;:'. • • « »
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Jury Fee - $85.00
ISSUED;,,--.,;:1'1'£;•
12/20/2013
^j^^'---•'.-:?X "'iy^'His;suMMONS;EXP:rjRES'v:.;;f$;K
3/21/2014 File & Serve Tyler CATHY M. GARRETT - WAYNE COUNTY CLERK
*This summons is invalid unless served on or before its expiration date.
NOTICE T O T H E DEFENDANT: In the name of the people of the State of Michigan you are notified: 1. You are being sued, 2. YOU HAVE 21 DAYS after receiving this summons to file an answer with the court and serve a copy on the other party or take other lawful action (28 days if you were served by mail or you were served outside this state). If you do not answer or take other action within the time allowed, judgment may be entered against you for the relief demanded in the complaint. There is no other pending or resolved civil action arising out of the same transaction or occurrence as alleged in the complaint. A civil action between these parties or other parties arising out of the transaction or occurrence alleged in the complaint has been previously filed in Court, There is no other pending or resolved action within the jurisdiction of the family division of circuit court involving the family or family members of the parties. An action within the jurisdiction of the family division of circuit court involving the family or family members of the parties has been previously filed in Court. The docket number and assigned judge of the civil/domestic relations action are: Docket No. Judge Bar No.
3. X
The action
Q
remains
Q
is no longer
pending.
I declare that the complaint information above and attached is true to the best of my information, knowledge, and belief.
Date
Signaturc/oiyttomey/plaintitf
COMPLAINT IS STATED ON ATTACHED PAGES. EXHIBITS ARE ATTACHED D7 REQUIRED BY COURT RULE. If you require special accommodations to use the court because of a disability or if you require a foreign language interpreter to help you to fully participate in court proceedings, please contact the court immediately to make arrangements. MC 01-3CC (09/2008) SUMMONS AND RETURN OF SERVICE MCR 2.102(B)( 11), MCR 2.104, MCR 2.105, MCR 2.107, MCR 2.113(C)(2)(a),(b), MCR 3.206(A)
2:14-cv-10176-DML-PJK Doc # 1-2 Filed 01/15/14 Pg 5 of 15
Pg ID 12
STATE OF MICHIGAN WAYNE COUNTY CIRCUIT COURT AMI STAMPING, LLC,
A Michigan Limited Liability Company, Plaintiff, v. ACE AMERICAN INSURANCE COMPANY, a Pennsylvania Company authorized to do business as insurance carrier by the State of Michigan, and STARR TECHNICAL RISKS AGENCY, INC., a New York corporation, Defendants. 13-016312-CK FILED IN MY OFFICE WAYNE COUNTY CLERK 12/20/2013 8:21:43 M CATHY M. GARRETT 13Hon: CK
Siciliano Mychalowych & Van Dusen, PLLC Andrew W. Mychalowych (P39602) Meghan W. Cassidy (P60356) Attorneys for Plaintiff 37000 Grand River Avenue, Suite 350 Farmington Hills, MI 48335 248.442.0510
VERIFIED COMPLAINT AND DEMAND FOR JURY TRIAL
There is no other pending or resolved civil action arising out of the transaction or occurrence alleged in the complaint. Is/ Andrew W. Mychalowych Andrew W. Mychalowych (P39602)
NOW COMES Plaintiff, AMI STAMPLING, LLC , a Michigan Limited Liability Company, by and through its counsel, Siciliano Mychalowych and Van Dusen, PLC, and for this its Verified Complaint against Defendants ACE American Insurance Company and Starr Technical Risks Agency, Inc., state as follows:
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2:14-cv-10176-DML-PJK
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PARTIES. JURISDICTION AND VENUE 1. Plaintiff AMI Stamping, LLC is a Michigan Limited Liability Company with its
registered agent in the City of Southfield, State of Michigan. 2. Defendant ACE American Insurance Company, ("ACE"), is a company organized under
the laws of the State of Pennsylvania and is authorized to conduct business as an insurance carrier in the State of Michigan with the State of Michigan Department of Insurance and Financial Services. 3. Defendant Starr Technical Risks Agency, Inc. ("STARR"), is a New York corporation,
authorized to conduct business in the State of Michigan and has a designated registered agent in the State of Michigan. 4. Venue is proper in Wayne County, Michigan as this is the county in which the property
was located that was stolen and that is subject of the insurance claim made by the Plaintiff and improperly denied by the Defendants and the location where the claims alleged herein arose. 5. Jurisdiction is proper as there is more than $25,000 in controversy, exclusive of interest,
attorneys fees and costs.
COMMON ALLEGATIONS 6. In October 2007, Plaintiff AMI Stamping, LLC entered into a Loan Document
Assignment Agreement with National City Bank wherein AMI acquired the rights, title and interest in all loan documents and collateral securing same between National City Bank (f/k/a Provident Bank) and Dearborn Gear & Tool Company, Inc. 7. As a result of the Assignment from National City, Plaintiff AMI received a security
interest in the assets, including but not limited to the tools and equipment of Dearborn Gear & Tool.
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8.
As a result of the Assignment from National City, the Plaintiff AMI received a security
interest in the mortgage that encumbered the property where Dearborn Gear & Tool operated, i.e. 4300 Cabot, Detroit, Michigan. 9. As a result of the agreement reached with National City, Plaintiff AMI stepped in
National City's shoes as the lender to Dearborn Gear & Tool Company. 10. As a result of the defaults of Dearborn Gear & Tool under the terms of the Loan
Documents assigned to Plaintiff AMI, the Plaintiff initiated legal proceedings against Dearborn Gear & Tool in the Wayne County Circuit Court, case number 09-025105-CK, entitled AMI Stamping, LLC v. Dearborn Gear & Tool Company, Inc., et. at, which was assigned to the Honorable Prentice Edwards. 11. In November, 2010, an Amended Final Judgment was entered in favor of Plaintiff AMI
in the matter pending in the Wayne County Circuit Court Case No: 09-025105-CK. The Court awarded physical possession to the Plaintiff of all of Dearborn Gear & Tool's equipment and machinery. 12. The tools and equipment and other personal property located at 4300 Cabot Drive,
Detroit, Michigan, were added to the operative insurance policy by the Defendants. (AMI is one of many related and/or affiliated entities insured under a global policy issued by the Defendant ACE through Defendant STARR, collectively "Defendants"). 13. In January, 2012, it was discovered by the Plaintiff that an unidentified person or persons
had taken the property belonging to AMI that was located at the 4300 Cabot Drive property. 14. On or about January 18, 2012, a police report was made reporting the theft of the tools,
equipment and machinery to the Detroit Police Department. 15. The Defendants were timely notified of the loss by the Plaintiff and the claim was
assigned Claim Number 266 under Policy PGLN05100276.
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16.
On or about April 11, 2012, the Defendants agent and claims administrator Engle Martin
& Associates, Inc. sent correspondence to Plaintiff's counsel requesting additional information regarding the claim as well as seeking Plaintiffs cooperation in obtaining access to the building to allow the Defendant ACE's representative to conduct an inspection of the premises where the theft occurred and reserving Defendant ACE's rights to defenses under the policy. 17. Over the course of the next several months, the Defendants sought and the Plaintiff
provided all of the information available to the Plaintiff regarding its claim for the property loss. 18. Per the Defendants request, the Plaintiff made arrangements to have the Wayne County
Sheriff open the building in September, 2012 so that Defendant's agent could conduct its further investigation regarding the claim. 19. On October 17, 2012, the Plaintiff sought information from Defendant ACE's
representative at Engle Martin, (Justin Miles), in an effort to understand ACE's timetable for responding to the claim that was submitted ten months previously. Defendant's representative advised that he "should be able to find something out this week". 20. On or about November 12, 2012, the Plaintiff was advised that ACE was requesting that
its agent Engle Martin obtain further information from the Plaintiff and ask the Plaintiff to answer additional questions. 21. On or about November 19, 2012, the Defendant ACE through its agent Engle Martin,
issued correspondence to Plaintiff seeking additional information regarding the Plaintiffs claim. •22. On December 1, 2012, the Plaintiff provided the detailed information in response to the
latest set of questions posed by Defendants regarding the claim made by AMI. 23. Over a month passed and Defendants provided no further information regarding the
claim. Accordingly, Plaintiff again followed up with Defendants' representative Engle Martin to determine the status of their claim.
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24.
Plaintiff was informed that their responsive information to the November 19, 2012 letter
was submitted to ACE for consideration and that Plaintiff would have information within the next week regarding ACE's position. Notwithstanding the assurances of ACE's representative, no information was forthcoming. 25. On January 21, 2013, Plaintiff again followed up seeking information regarding the status
of their claim. The response received from Defendants' representative was that "the insurance company has required me to perform a few more tasks on this file for our investigation. I should be able to come to some kind of closure in a few more weeks." 26. 27. By this time, the claim submitted by the Plaintiff was over a year old. With no information provided to the Plaintiff, AMI again followed up with ACE's
representative inquiring on February 6, 2013 as to the status of the claim. 28. On February 12, 2013, the Plaintiff received correspondence from ACE's adjustor, Engle
Martin stating: "We are now ready to finalize the claim. Can you confirm the exact amount you are claiming? Is it what I have attached? $138,100.00?" 29. Accordingly, as of February 12, 2013, it appeared that ACE was prepared to finalize the
claim with a payment of $138,100, which is what ACE believed at that time was the amount of the claim being made. There was no indication of any kind as of February 12, 2013 that ACE was intending to deny the claim. 30. On February 21, 2013, Plaintiff pointed out to Defendants' agent that the policy provides
for "replacement value" and that the $138,100 value was based on a "forced liquidation value" and not replacement value. Accordingly, the Plaintiff notified the Defendant's representative
that they would request an updated appraisal to address replacement value of the lost equipment. 31. At no time did the Defendant indicate that it was not honoring the policy or otherwise
denying the claim submitted by the Plaintiff.
2:14-cv-10176-DML-PJK Doc # 1-2 Filed 01/15/14 Pg 11 of 15
Pg ID 18
32.
On or about March 26, 2013, the Plaintiff provided Defendants representative Engle
Martin with an appraisal that sets forth the replacement value for all of the stolen equipment. The replacement value of the equipment and personal property equals $1,907,000. 33. No communication from Defendant ACE or its agent was received in response to the
replacement cost value appraisal sent to them by Plaintiff. Accordingly, on April 5, 2013, Plaintiff again followed up with Defendant's agent Engle Martin, seeking information regarding the status of the claim. No response was received, 34. On April 12, 2013, Plaintiff again sought to understand the status of the claim submitted
to the Defendant. 35. Inexplicably and notwithstanding all indications that the investigation was complete and
that the claim would be honored pursuant to the Policy, the Plaintiff was notified on May 2,2013 that the claim had been transferred from the Engle Martin Senior Property Adjustor, Justin M. Miles, (who had been handling the claim from its inception and conducting all communication on behalf of the Defendant), to Jeff Nonhof, an "Executive General Adjustor" in Engle Martin's Minneapolis Office. 36. On July 15, 2013, the new adjuster assigned to handle the Plaintiffs claim, (once it was
realized to be more than $138,000 and instead, a claim for $1.9 million), sent correspondence to Plaintiff seeking even more information - - information that was in some part, already provided
i
to ACE for its investigation. 3 7. 38. The Plaintiff submitted the additional information requested by Defendant ACE. On August 12, 2013, the Plaintiff received communication from a law firm stating that it A
represented ACE American Insurance Company regarding the claim submitted by AMI.
demand was made for Plaintiff to produce a witness with knowledge regarding certain areas of inquiry described to provide testimony under oath regarding the claim.
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39.
As it had all along, Plaintiff complied with its insurance carrier's request and a
representative for AMI appeared to provide testimony regarding Plaintiffs claim. 40. Two more months passed and on November 13, 2013, correspondence was sent to Defendant ACE has alleged
Plaintiff indicating that Defendant ACE was denying the claim.
that Plaintiff misrepresented the value of the equipment insured and alleges that Plaintiff was in violation of the "Protective Safeguards Endorsement" concerning the property at issue. COUNTI BREACH OF CONTRACT 41. herein. 42. The Plaintiff AMI Stamping, LLC was a named insured with respect to the policy of Plaintiff reincorporates the allegations set forth in Paragraphs 1-40 as though fully stated
insurance issued by Defendant ACE through STARR, Policy Number PGLN05100276. ("The Policy"). 43. The Policy was in full force and effect with all premiums paid at the time of the loss
complained of by the Plaintiff. 44. The Plaintiff complied with the terms of the insurance agreement and with Defendants'
requests for information. 45. The Plaintiff has provided all of the required all of the information necessary for the
Defendants to determine the validity of the Proof of Loss, 46. The Defendants have refused to pay the claim submitted to it as a result of the property
loss sustained by the Plaintiff. 47. The Defendants' denial of the claim submitted by the Plaintiff was improper and contrary
to the terms of the Parties' insurance agreement and therefore a breach of the Agreement by the Defendants. 48. As a result of the breach by Defendants, the Plaintiff has suffered damages.
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Pg ID 20
WHEREFORE Plaintiff AMI Stamping, LLC prays that this Honorable Court find Defendants ACE American Insurance Company and Starr Technical Risks Agency, Inc., liable for breach of contract and award damages, as well as all costs, fees and other amounts the Court deems just under the circumstances.
COUNT II DECLARATORY RELIEF REGARDING PLAINTD7F'S ENTITLEMENT TO 12% INTEREST PURSUAN T TO MCL 500.2006 49. herein, 50. In addition to breaching the express terms of the Parties' agreement, the Defendants are Plaintiff reincorporates the allegations set forth in Paragraphs 1-48 as though fully stated
also liable to Plaintiff for 12% interest on the amounts due and owing to Plaintiff under the policy of insurance. 51. The Plaintiffs claim was not "reasonably in dispute" and therefore, the Defendant's
failure to pay the claim is an unfair trade practice which entitles the Plaintiff to 12% interest on the amounts due and owing under the policy of insurance. WHEREFORE Plaintiff AMI Stamping, LLC prays that this Honorable Court find that the Plaintiff is entitled to 12% interest upon the amounts owed by the Defendants ACE American Insurance Company and Starr Technical Risks Agency, Inc., under the insurance policy at issue as provided for in MCL 500.2006, as well as all costs, fees and other amounts the Court deems just under the circumstances.
2:14-cv-10176-DML-PJK Doc # 1-2 Filed 01/15/14 Pg 14 of 15
Pg ID 21
Respectfully submitted, SICILIANO MYCHALWOYCH & VAN DUSEN, PLC
Bv: Isl Andrew W. Mvchalowvch Andrew W. Mychalowych (P39602) Meghan W. Cassidy (P60356) Attorneys for Plaintiff 37000 Grand River Avenue, Suite 350 Farmington Hills, MI 48335 248.442.0510
2:14-cv-10176-DML-PJK
Doc # 1-2
Filed 01/15/14 Pg 15 of 15
Pg ID 22
STATE OF MICHIGAN WAYNE COUNTY CIRCUIT COURT AMI STAMPING, LLC, A Michigan Limited Liability Company, Plaintiff, v. ACE AMERICAN INSURANCE COMPANY, a Pennsylvania Company authorized to do business as insurance carrier by the State of Michigan, and STARR TECHNICAL RISKS AGENCY, INC., a New York corporation, Defendants. Siciliano Mychalowych & Van Dusen, PLLC Andrew W. Mychalowych (P39602) Meghan W. Cassidy (P60356) Attorneys for Plaintiff 37000 Grand River Avenue, Suite 350 Farmington Hills, MI 48335 248.442.0510
/
13Hon:
CK
DEMAND FOR JURY TRIAL Plaintiff AMI STAMPING, LLC, through its counsel, Siciliano Mychalowych and Van Dusen, PLC, hereby demands a jury trial in the above entitled cause of action. Respectfully submitted, SICILIANO MYCHALWOYCH & VAN DUSEN, PLC
By: /s/ Andrew W. Mychalowych
Andrew W. Mychalowych (P39602) Meghan W. Cassidy (P60356) Attorneys for Plaintiff 37000 Grand River Avenue, Suite 350 Farmington Hills, MI 48335 248.442.0510

Published under a Creative Commons License By attribution, non-commercial
date: 
Wed, 2014-01-15
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Exhibit A - State Ct complaint and summons.pdf4.9 MB

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