Preview
FILED: ONONDAGA COUNTY CLERK 12/15/2020 03:38 PM INDEX NO. 008554/2020
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/15/2020
SUPREME COURT
STATE OF NEW YORK COUNTY OF ONONDAGA
WESCO INSURANCE COMPANY,
Plaintiff(s),
SUMMONS
-vs-
DAKOTA MEDICAL TRANSPORTATION LLC.,
Defendant(s),
TO THE ABOVE-NAMED DEFENDANT:
YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve
a copy of your answer, or, if the Complaint is not served with this Summons, to serve a Notice of
Appearâñce, on the Plaintiff's Attorney within twenty (20) days after the service of this Summons,
exclusive of the day of service (or within 30 days after the service is complete if thisSummons is
not personally delivered to you within the State of New York); and in the case of your failure to
appear or answer, Judgment will be taken against you by default for the relief demanded in the
Complaint.
The choice of the venue is pursuant to CPLR § 509.
DATED ,.
RICHARb E. DERRICK, ESQ.,
Meggesto, Crossett & Valerino, LLP
313 East Willow Street- Suite 201
Syracuse, New York 13203-1977
(315) 471-1664
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SUPREME COURT
STATE OF NEW YORK COUNTY OF ONONDAGA
. .. . ... _
WESCO INSURANCE COMPANY,
Plaintiff(s),
VERIFIED COMPLAINT
-vs-
DAKOTA MEDICAL TRANSPORTATION, LLC
Defendant(s),
Plaintiff, WESCO INSURANCE COMPANY, by and through their attorneys Meggesto,
Crossett & Valerino, LLP, complaiñing of the Defendants, DAKOTA MEDICAL
TRANSPORTATION, LLC., and allege as follows:
1. Plaintiff, Wesco Insurañce Company, (hereinafter referred to as Plaintiff) is an
insurance company duly authorized to conduct business in the State of New York.
2. Upon Information and belief, Defendant Dakota Medical Transportation LLC., is a
domestic limited liability company duly authorized to conduct business in the State of
New York with itsprimary office located at 581 Lyell Ave, Rochester, New York
14606.
3. That the Defendant purchased a Worker's Compensation and Employers Liability
insurance policy from Plaintiff for the period of December 27, 2017 to December 27,
2018 under policy number; WWC3323275.
4. That pursuant to the policy of insurance, premium payments were to be made by the
Defendant to Wesco Insurance Company pursuant to a payment schedule.
5. That any premiums paid by the Defendant to Wesco Insurance Company pursuant to
said payment schedule were estimated premium payments pursuant to the terms and
conditions set forth in the Policies of Insurance.
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6. That the final premium amounts due and owing, if any, from the Defendant to Wesco
Insurance Company would be determined after the policies ended by using the actual
and not estimated classification of business for work, payroll records and any and all
factors and information pursuant to the rules, rates, rating plans and classifications
with regard to said policies.
7. That pursuant to said policy of insurance, Defendant would grant Wesco Insurance
Company the right to examine and audit all records that relate to the policy of
insurance.
8. That after the end date of the policy, above referenced herein were December 27,
2018, Wesco Insurance Company conducted an audit pursuant to the policy.
9. That pursuant to the final premium audit conducted, the final premium was
$77,315.00, Defendant paid $48,503.20 in premiums to Wesco Insurance Company
during the life of the policy, thereby leaving a premium due and owing to Wesco
Insurance Company from the Defendant for policy number WWC3323275 in the
amount of $28,811.80.
10. That the Plaintiff has duly demanded the amount of $28,811.80 to be paid and the
Defendant has refused and failed to make said payment, plus interest in the amount of
9% from July 22, 2019.
AS AND FOR A FIRST CAUSE OF ACTION
11. Plaintiff repeats and reiterates each and every allegation contained in the foregoing
paragraphs as if more fully set forth herein.
Workers'
12. That the Defendant purchased a certain Compensation and Employers
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Liability Insurance policy from Plaintiff under policy number WWC3323275
13. That pursuant to the policy of insurance, premium payments were to be made by the
Defendant to Plaintiff pursuant to a payment schedule.
14. That any premiums paid by the Defendant to Plaintiff were estimated premium
payments.
15. That the Defendant would grant Plaintiff the right to examine and audit all records
that relate to the policy of insurance.
16. That pursuant to the final premium audit done Plaintiff there were final premium
by
due and owing to Plaintiff for policy number WWC3323275 from Defendants in the
amount of $28,811.80.
17. That Defendant has and continues to failand refused to pay mõñies due and owing to
Plaintiff.
18. That as a result of the failure to pay Plaintiff, Defendant has breached the contract,
19. That based upon the foregoing breach of Contract, Plaintiff has been damaged in the
amount of $28,811.80, plus interest in the amount of 9% from July 22, 2019.
AS AND FOR A SECOND CAUSE OF ACTION
20. Plaintiff repeats and reiterates each and every allegation contained in the foregoing
paragraphs as if more fully set forth herein.
Workers'
21. Defendants purchased a Co111posisation Employers Liability Insurance
Policy from Plaintiff under policy number WWC3323275. Pursuant to said policy,
Defenclant was to pay estimated premiums to Plaintiff and at the end of the term of
said policies; said policy would be audited by Plaintiff regarding the premiums paid
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by Defendant for said coverage.
22. That Defendant received the coverage under the policy and accepted the terms and
conditions of said policy
23. Plaintiff demanded from the Defendant payment of the outstanding premiums for the
above referenced insurance policies.
24. That Defendant made no objections to the premiums due and owing.
25. Defendant has failed to make payment on the accounts stated and as a result, Plaintiff
is damaged in the amount of $28,811.80 plus interest in the amount of 9% from July
22, 2019.
AS AND FOR A THIRD CAUSE OF ACTION
26. Plaintiff repeats and reiterates each and allegation contanied in the
every foregoing
paragraphs as if more fully set forth herein
27. Plaintiff has covered proper claims arising out of the insurance contract.
28. That the Defendant benefited from policy number WWC3323275, 2017-18 as
Plaintiff provided Workers Compeñsation coverage to them without just
compensation to Plaintiff.
29. That Defendant failed to make payments of the final premium for said number
policy
WWC3323275 rendered by Plaintiff and as such the Defendant has been unjustly
enriched.
30. That based upon this unjust enrichment, Plaintiff has been damaged in the amount of
$28,811.80 plus interest in the amount of 9% from July 22, 2019.
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AS AND FOR A FOURTH CAUSE OF ACTION
31. Plaintiff repeats and reiterates those allegations contained in the foregoing paragraphs
as if more fully set forth herein.
32. Plaintiff has set forth a cause of action under the Doctrine of Quantum Merit against
Defendants.
33. Plaintiff has supplied insurance coverage to Defendant and covered any and all claims
arising out of said insurance contracts.
34. Plaintiff has been damaged in the amount of $28,811.80, plus interest in the amount
of 9% from July 22, 2019.
WHEREFORE, Plaintiff Wesco Insurance Company, demands judgment against
Defendant, Dakota Medical Transportation LLC., for policy number WWC3323275 in
the amount of $28,811.80, plus interest in the amount of 9% from July 22, 2019 with the
costs and disbursements of said action and such other and further relief the court deems
just and proper.
chard E. Derrick, Esq.
Meggesto, Crossett & Valerino, LLP
313 East Willow Street, Suite 201
Syracuse, New York 13203
315.471.1664
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/15/2020
CORPORATE VERIFICATION
STATE OF OHIO )
COUNTY OF CUYAHOGA ) ss.:
James Buller, being duly sworn, deposes and says that:
I am the Vice President of Cash Operations for AmTrust North America, Inc., the operating
company for the Plaintiff in the within action and, as such, I fully familiar with the facts and
circumstances of said action; I have read the attached Verified Coinplaiñt and know the contents thereof;
the same is true to my own knowledge, except as to those matters therein which are stated to be alleged
upon information and belief, and as to those matters, I believe them to be true.
WESCO INSURANCE COMPANY
y Jaffies Buller, Vice President of Cash Operations
SCO Insurance Company
Sworn to before me this day
of November 2020.
WEfTl* 2 S CatherfaeLMihr
Î* *- NotuyPubk-Stateof
Ohio
. /) es
My canmWeahasnoe ahadate.
Notary Public
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Preview
FILED: ONONDAGA COUNTY CLERK 12/15/2020 03:38 PM INDEX NO. 008554/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/15/2020 SUPREME COURT STATE OF NEW YORK COUNTY OF ONONDAGA WESCO INSURANCE COMPANY, Plaintiff(s), SUMMONS -vs- DAKOTA MEDICAL TRANSPORTATION LLC., Defendant(s), TO THE ABOVE-NAMED DEFENDANT: YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of your answer, or, if the Complaint is not served with this Summons, to serve a Notice of Appearâñce, on the Plaintiff's Attorney within twenty (20) days after the service of this Summons, exclusive of the day of service (or within 30 days after the service is complete if thisSummons is not personally delivered to you within the State of New York); and in the case of your failure to appear or answer, Judgment will be taken against you by default for the relief demanded in the Complaint. The choice of the venue is pursuant to CPLR § 509. DATED ,. RICHARb E. DERRICK, ESQ., Meggesto, Crossett & Valerino, LLP 313 East Willow Street- Suite 201 Syracuse, New York 13203-1977 (315) 471-1664 1 of 7 FILED: ONONDAGA COUNTY CLERK 12/15/2020 03:38 PM INDEX NO. 008554/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/15/2020 SUPREME COURT STATE OF NEW YORK COUNTY OF ONONDAGA . .. . ... _ WESCO INSURANCE COMPANY, Plaintiff(s), VERIFIED COMPLAINT -vs- DAKOTA MEDICAL TRANSPORTATION, LLC Defendant(s), Plaintiff, WESCO INSURANCE COMPANY, by and through their attorneys Meggesto, Crossett & Valerino, LLP, complaiñing of the Defendants, DAKOTA MEDICAL TRANSPORTATION, LLC., and allege as follows: 1. Plaintiff, Wesco Insurañce Company, (hereinafter referred to as Plaintiff) is an insurance company duly authorized to conduct business in the State of New York. 2. Upon Information and belief, Defendant Dakota Medical Transportation LLC., is a domestic limited liability company duly authorized to conduct business in the State of New York with itsprimary office located at 581 Lyell Ave, Rochester, New York 14606. 3. That the Defendant purchased a Worker's Compensation and Employers Liability insurance policy from Plaintiff for the period of December 27, 2017 to December 27, 2018 under policy number; WWC3323275. 4. That pursuant to the policy of insurance, premium payments were to be made by the Defendant to Wesco Insurance Company pursuant to a payment schedule. 5. That any premiums paid by the Defendant to Wesco Insurance Company pursuant to said payment schedule were estimated premium payments pursuant to the terms and conditions set forth in the Policies of Insurance. 2 of 7 FILED: ONONDAGA COUNTY CLERK 12/15/2020 03:38 PM INDEX NO. 008554/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/15/2020 6. That the final premium amounts due and owing, if any, from the Defendant to Wesco Insurance Company would be determined after the policies ended by using the actual and not estimated classification of business for work, payroll records and any and all factors and information pursuant to the rules, rates, rating plans and classifications with regard to said policies. 7. That pursuant to said policy of insurance, Defendant would grant Wesco Insurance Company the right to examine and audit all records that relate to the policy of insurance. 8. That after the end date of the policy, above referenced herein were December 27, 2018, Wesco Insurance Company conducted an audit pursuant to the policy. 9. That pursuant to the final premium audit conducted, the final premium was $77,315.00, Defendant paid $48,503.20 in premiums to Wesco Insurance Company during the life of the policy, thereby leaving a premium due and owing to Wesco Insurance Company from the Defendant for policy number WWC3323275 in the amount of $28,811.80. 10. That the Plaintiff has duly demanded the amount of $28,811.80 to be paid and the Defendant has refused and failed to make said payment, plus interest in the amount of 9% from July 22, 2019. AS AND FOR A FIRST CAUSE OF ACTION 11. Plaintiff repeats and reiterates each and every allegation contained in the foregoing paragraphs as if more fully set forth herein. Workers' 12. That the Defendant purchased a certain Compensation and Employers 3 of 7 FILED: ONONDAGA COUNTY CLERK 12/15/2020 03:38 PM INDEX NO. 008554/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/15/2020 Liability Insurance policy from Plaintiff under policy number WWC3323275 13. That pursuant to the policy of insurance, premium payments were to be made by the Defendant to Plaintiff pursuant to a payment schedule. 14. That any premiums paid by the Defendant to Plaintiff were estimated premium payments. 15. That the Defendant would grant Plaintiff the right to examine and audit all records that relate to the policy of insurance. 16. That pursuant to the final premium audit done Plaintiff there were final premium by due and owing to Plaintiff for policy number WWC3323275 from Defendants in the amount of $28,811.80. 17. That Defendant has and continues to failand refused to pay mõñies due and owing to Plaintiff. 18. That as a result of the failure to pay Plaintiff, Defendant has breached the contract, 19. That based upon the foregoing breach of Contract, Plaintiff has been damaged in the amount of $28,811.80, plus interest in the amount of 9% from July 22, 2019. AS AND FOR A SECOND CAUSE OF ACTION 20. Plaintiff repeats and reiterates each and every allegation contained in the foregoing paragraphs as if more fully set forth herein. Workers' 21. Defendants purchased a Co111posisation Employers Liability Insurance Policy from Plaintiff under policy number WWC3323275. Pursuant to said policy, Defenclant was to pay estimated premiums to Plaintiff and at the end of the term of said policies; said policy would be audited by Plaintiff regarding the premiums paid 4 of 7 FILED: ONONDAGA COUNTY CLERK 12/15/2020 03:38 PM INDEX NO. 008554/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/15/2020 by Defendant for said coverage. 22. That Defendant received the coverage under the policy and accepted the terms and conditions of said policy 23. Plaintiff demanded from the Defendant payment of the outstanding premiums for the above referenced insurance policies. 24. That Defendant made no objections to the premiums due and owing. 25. Defendant has failed to make payment on the accounts stated and as a result, Plaintiff is damaged in the amount of $28,811.80 plus interest in the amount of 9% from July 22, 2019. AS AND FOR A THIRD CAUSE OF ACTION 26. Plaintiff repeats and reiterates each and allegation contanied in the every foregoing paragraphs as if more fully set forth herein 27. Plaintiff has covered proper claims arising out of the insurance contract. 28. That the Defendant benefited from policy number WWC3323275, 2017-18 as Plaintiff provided Workers Compeñsation coverage to them without just compensation to Plaintiff. 29. That Defendant failed to make payments of the final premium for said number policy WWC3323275 rendered by Plaintiff and as such the Defendant has been unjustly enriched. 30. That based upon this unjust enrichment, Plaintiff has been damaged in the amount of $28,811.80 plus interest in the amount of 9% from July 22, 2019. 5 of 7 FILED: ONONDAGA COUNTY CLERK 12/15/2020 03:38 PM INDEX NO. 008554/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/15/2020 AS AND FOR A FOURTH CAUSE OF ACTION 31. Plaintiff repeats and reiterates those allegations contained in the foregoing paragraphs as if more fully set forth herein. 32. Plaintiff has set forth a cause of action under the Doctrine of Quantum Merit against Defendants. 33. Plaintiff has supplied insurance coverage to Defendant and covered any and all claims arising out of said insurance contracts. 34. Plaintiff has been damaged in the amount of $28,811.80, plus interest in the amount of 9% from July 22, 2019. WHEREFORE, Plaintiff Wesco Insurance Company, demands judgment against Defendant, Dakota Medical Transportation LLC., for policy number WWC3323275 in the amount of $28,811.80, plus interest in the amount of 9% from July 22, 2019 with the costs and disbursements of said action and such other and further relief the court deems just and proper. chard E. Derrick, Esq. Meggesto, Crossett & Valerino, LLP 313 East Willow Street, Suite 201 Syracuse, New York 13203 315.471.1664 6 of 7 FILED: ONONDAGA COUNTY CLERK 12/15/2020 03:38 PM INDEX NO. 008554/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/15/2020 CORPORATE VERIFICATION STATE OF OHIO ) COUNTY OF CUYAHOGA ) ss.: James Buller, being duly sworn, deposes and says that: I am the Vice President of Cash Operations for AmTrust North America, Inc., the operating company for the Plaintiff in the within action and, as such, I fully familiar with the facts and circumstances of said action; I have read the attached Verified Coinplaiñt and know the contents thereof; the same is true to my own knowledge, except as to those matters therein which are stated to be alleged upon information and belief, and as to those matters, I believe them to be true. WESCO INSURANCE COMPANY y Jaffies Buller, Vice President of Cash Operations SCO Insurance Company Sworn to before me this day of November 2020. WEfTl* 2 S CatherfaeLMihr Î* *- NotuyPubk-Stateof Ohio . /) es My canmWeahasnoe ahadate. Notary Public 7 of 7