Preview
FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020
NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 10/28/2022
EXHIBIT 36
FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020
NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 10/28/2022
March 6, 2019
VIA E-Mail
E.E. Cruz & Company, Inc.
ATTN: Jimmy Maldonado
Senior Project Manager
32 Ave a Armarlicas
imaldonado@eecruz.com
RE: Insured: E. E. Cruz & Company
Type of loss: Caisson and concrete Failure
Policy No: SLSTCON11432617
Location of Loss: Region 8 Bridge Replacement
Project - Saw Mill River site
Parkway
069349-000098-01
Date of loss: November 18, 2018
York File No.: SRT-0515
Dear Mr. Maldonado,
As you are aware York Risk Services Group represent the Insurance carrier, Starr
Surplus Lines Insurance Company ("Starr") (Policy No. SLSTCON11432617), with
respect to the above captioned matter. This letter is a follow up to our recent
conversations and our inspection on January 4, 2019, as well as our follow up
inspection on January 9, 2019 and the ongoing adjustment of loss.
At the time of our most recent conversation on January 28, 2019 we advised your office
we are in the process of reviewing the list of documentation received to date. This is in
effort to determine the origin and cause of loss as well as analyze the entire claim and
measurement of loss. Although we have received certain supporting documentation to
date we request that you submit the balance of documentation as described as
"Pending"
on the attached schedule A.
Behind every good outcome YORKRISK,COM
CONFIDENTIAL INFORMATION STARR00701
FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020
NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 10/28/2022
In effort to maintain an ongoing record of the information requested and received we
ask that you please review the list of documentation as described on Schedule A and
verify the information is accurate.
At the time of the upcoming meeting (date to be determined) we will be able to review
the current assessment of the Inventory and Time Element financial documentation
received to date and determine if there is any need for additional information or
documentation to finalize the adjustment of this aspect of the claim.
Please note that this list is open to be revised and upon receipt of the above information
it may be necessary for you to supply additional information to further support your
claim.
Upon receipt of the above stated information we should be in a position to evaluate the
claim for damage and advise insurers accordingly.
In addition, based on the information received to date, Starr must reserve its rights in
connection with this claim. Specifically, the policy of insurance provides, in relevant
part, as follows:
SECTION II- COVERAGE
1. INSURING AGREEMENT
This Policy, subject to the terms, exclusions, limitations and conditions
contained herein or endorsed hereto, insures against all risks
endorsed hereto, insures against all risks of direct physical loss of or damage to
property insured while at the location of the INSURED PROJECT*, while in offsite
temporary storage or while in transit, during Cold Testing, all within this Policy's
territory and occurring during the Period of Insurance of thisPolicy.
021 A habassador (Mikry Parlmay Suite 00 Laihyette 14 7M03 2
Insured: E.E. Cruz & Company, Inc. Y OliCKRISK.C O M
Letter- 3-6-19
claim Number:
York File No. SRT-0515
CONFIDENTIAL INFORMATION STARR00702
FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020
NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 10/28/2022
SECTION II-COVERAGE
1. INSURING AGREEMENT:
This Policy, subject to the terms, exclusions, limitations and conditions contained
herein or endorsed hereto, insures against all risks of direct physical loss of or
damage to properly insured while at the location of the INSURED PROJECT*,
while in offsite temporary storage or while in transit,during Cold Testing, allwithin
this Policy's territoryand occurring during the Period of Insurance of this Policy.
SECTION III-EXCLUSIONS
2. PERILS EXCLUDED:
This Policy shall not pay for loss, damage or expense caused by, resulting from,
contributed to or made worse by any of the following excluded perils, allwhether
direct or Indirect, proximate or remote or in whole or in part caused by, contributed
to or aggravated by any physical loss or damage insured by this Policy, except as
specifically allowed below:
A. Consequential loss, damage or expense of any kind or description including
but not limited to loss of market or delay, liquidated damages, performance
penalties, penalties for non-completion, delay in completion, or noncompliance
with contract conditions, whether caused by a peril Insured or otherwise; however
the foregoing shall not exclude Delay In Completion Coverage when itis
specifically made a part cf this Policy by endorsement to this Policy and as
limited by that endorsement.
B. COST OF MAKING GOOD
1. Faulty or defective workmanship, supplies or material;
2. Fault, defect, error, deficiency or omission in design, plan or
specification;
3. Wear and tear, gradual deterioration, inherent vice, latent defect, corrosion,
rust, dampness or dryness of the atmosphere, or changes in temperature;
unless direct physical loss or damage by an insured peril ensues and then this
Policy will cover for such ensuing loss or damage only. For the purpose of this
Policy and not merely this exclusion, the property insured, or any portion
021 A habassador (Mkry Parlmay a Suite 00 Lahyette LA 70503 3
Insured: E.E. Cruz & Company, Inc. Y OliCKRISK.C O M
Letter- 3-6-19
claim Number:
York File No. SRT-0515
CONFIDENTIAL INFORMATION STARR00703
FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020
NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 10/28/2022
thereof, shall not be regarded as damaged solely by virtue of the existence of
any condition stated under 1, 2 or 3 above.
The forgoing is not meant to be a comprehensive list of all policy provisions that might
apply or that might affect, limit or exclude coverage for your claim. Starr reserves the
right to rely on all the policy terms and will keep you apprised in that regard as the claim
moves forward. We look forward to receiving the additional information discussed
above.
No representative of the Specialized Loss Adjusting Division of York Risk Services
Group, Inc. ("York"), or any consultant retained on behalf of the insurer(s) working with
"York", has any authority either to bind the insurer(s) to coverage, or to interpret, waive,
or alter any of the terms, conditions, or limitations of the policy. The insurer (s) reserves
the right to make all decisions concerning coverage. For the avoidance of doubt,
nothing that York communicates to you with respect to this matter constitutes any
decision of any kind with respect to any coverage of any kind or an interpretation,
waiver or alteration of any policy term, condition or limitation of any insurance policy.
Thank you in advance for your continued cooperation into this matter.
Respectfully,
Eeith & caffey
Keith C. Culley
Sr. Executive General Adjuster
M. 201.388.1510
e- keith.cullev@yorkrisk.com
cc: Nicholas Lee
Starr Risks Agency, Inc.
Nicholas.Lee@starrcompanies.com
Catherine E. Griggs, J.D.
McGriff, Seibels & Williams, Inc.
caricas@mcariff.com
021 A habassador (Mikry Parlmay Suite 00 Laihyette 1A ?M03 4
Insured: E.E. Cruz & Company, Inc. Y OliCKRISK.C O M
Letter- 3-6-19
claim Number:
York File No. SRT-0515
CONFIDENTIAL INFORMATION STARR00704
FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020
NYSCEF DOC. NO. 101
3/6/20191 Adjusters
Loss RECEIVED
Specialized NYSCEF: 10/28/2022
Group Services
RiskYork
1/28/2019 1/4/2019 Schedule
1/28/2019 1/4/2019 Schedule
1/28/2019 1/4/2019 Remediation
RiverMill
Sawfor Sche
1/28/2019 1/4/2019 ProjectRiverMill
Sawfor Sche
2017 July 1/4/2019 Received 1/4/2019 1/4/2019 Design-Build Bridge
Replacement
8 Re
- DelucaDavid 1-2,
Shafts -
Piers719 Log
E-Mail 12-18-18 1/4/2019 Received 1/4/2019 01/04/19 1-2 Shaft
1/28/2019 Received 1/28/2019 1/4/2019
Pending 1/28/2019 1/4/2019 Da
-
(Pages 15A-F2Sheet
1)
- -
PIR2-3F2
DU2 Drawing Hanover
& Hardesty 1/4/2019 Received 1/4/2019 Drawing Remed
2
1-5) (Pages
Copy Advanced
- 1F2T- -
DU2 Drawing Hanover
& Hardesty 1/10/2019 1/4/2019 -
Substructure ConsF
Received
1-8 -
Pages Group
MT 1/4/2019 1/4/2019 (Co
Received Design)
Group
MT 1/4/2019 Received 1/4/2019 Design
Mix
(Preliminary)
4 (
pages) Cruz
EE 1/4/2019 Received 1/4/2019 Procedures InstallationMicropiles
2 Revision
-
MicropilesDrawings Hanover
& Hardesty 1/4/2019 1/4/2019 Release - RiverMill
Substructure Saw Over 9
Received
Pending 1/28/2019 (when mircropiles
the for Reports
Pending 1/4/2019 bridge
for piers
10 allfor Reports
Pending 10 all on
1/28/2019 work construction
to related Even
of
Pending 1/28/2019 CSL from
11/21/18 Data and
Pending pages Procedure,
1/28/2019 7-9
1/9/2019 Received 1/4/2019 V
1/4/2019 Received 1/4/2019 REPORT_113018
2_CSL_FINA
(Pages Report Engineers (11/21, Results 2,
1-17) 11-20-19 HVEA 1/4/2019 Received 1/4/2019 11/26) CLS
2 Shaft
1/10/2019 Received 1/4/2019 Details
Cap Pile Rem
- No.
1 Sheet BLP-1 - Drawing Hanover
& Hardesty 1/10/2019 Received 1/4/2019 Plan
(PagesReport Hanover
& Hardesty 1/10/2019 1/4/2019 -
2/13/18
#1 -
Resubmission
Report
1-546) Received
-
2-8-17Date (Pages 1/9/2019 1/4/2019 -TeamingHanover
& Hardesty
& CruzE.
1-9) Received
1/4/2019 Received 1/4/2019 Procedure
1/4/2019 Received 1/4/2019 Details Elev
-
Sheet - Drawing
DU2-PIR2-1 Hanover
& Hardesty 1/4/2019 1/4/2019 Elevat
&
Received
Comments Received Status Request Request Item
/ Category
Date Last First
Documents For
Information Request
bridge
project failed concrete
and Caisson
18, ;
2018 November
2, Site- RiverMill
2 Shaft Pier Parkway Saw
546 #CON Claim
E.E.
A Schedule Company
Cruz
Preview
FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020 NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 10/28/2022 EXHIBIT 36 FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020 NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 10/28/2022 March 6, 2019 VIA E-Mail E.E. Cruz & Company, Inc. ATTN: Jimmy Maldonado Senior Project Manager 32 Ave a Armarlicas imaldonado@eecruz.com RE: Insured: E. E. Cruz & Company Type of loss: Caisson and concrete Failure Policy No: SLSTCON11432617 Location of Loss: Region 8 Bridge Replacement Project - Saw Mill River site Parkway 069349-000098-01 Date of loss: November 18, 2018 York File No.: SRT-0515 Dear Mr. Maldonado, As you are aware York Risk Services Group represent the Insurance carrier, Starr Surplus Lines Insurance Company ("Starr") (Policy No. SLSTCON11432617), with respect to the above captioned matter. This letter is a follow up to our recent conversations and our inspection on January 4, 2019, as well as our follow up inspection on January 9, 2019 and the ongoing adjustment of loss. At the time of our most recent conversation on January 28, 2019 we advised your office we are in the process of reviewing the list of documentation received to date. This is in effort to determine the origin and cause of loss as well as analyze the entire claim and measurement of loss. Although we have received certain supporting documentation to date we request that you submit the balance of documentation as described as "Pending" on the attached schedule A. Behind every good outcome YORKRISK,COM CONFIDENTIAL INFORMATION STARR00701 FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020 NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 10/28/2022 In effort to maintain an ongoing record of the information requested and received we ask that you please review the list of documentation as described on Schedule A and verify the information is accurate. At the time of the upcoming meeting (date to be determined) we will be able to review the current assessment of the Inventory and Time Element financial documentation received to date and determine if there is any need for additional information or documentation to finalize the adjustment of this aspect of the claim. Please note that this list is open to be revised and upon receipt of the above information it may be necessary for you to supply additional information to further support your claim. Upon receipt of the above stated information we should be in a position to evaluate the claim for damage and advise insurers accordingly. In addition, based on the information received to date, Starr must reserve its rights in connection with this claim. Specifically, the policy of insurance provides, in relevant part, as follows: SECTION II- COVERAGE 1. INSURING AGREEMENT This Policy, subject to the terms, exclusions, limitations and conditions contained herein or endorsed hereto, insures against all risks endorsed hereto, insures against all risks of direct physical loss of or damage to property insured while at the location of the INSURED PROJECT*, while in offsite temporary storage or while in transit, during Cold Testing, all within this Policy's territory and occurring during the Period of Insurance of thisPolicy. 021 A habassador (Mikry Parlmay Suite 00 Laihyette 14 7M03 2 Insured: E.E. Cruz & Company, Inc. Y OliCKRISK.C O M Letter- 3-6-19 claim Number: York File No. SRT-0515 CONFIDENTIAL INFORMATION STARR00702 FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020 NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 10/28/2022 SECTION II-COVERAGE 1. INSURING AGREEMENT: This Policy, subject to the terms, exclusions, limitations and conditions contained herein or endorsed hereto, insures against all risks of direct physical loss of or damage to properly insured while at the location of the INSURED PROJECT*, while in offsite temporary storage or while in transit,during Cold Testing, allwithin this Policy's territoryand occurring during the Period of Insurance of this Policy. SECTION III-EXCLUSIONS 2. PERILS EXCLUDED: This Policy shall not pay for loss, damage or expense caused by, resulting from, contributed to or made worse by any of the following excluded perils, allwhether direct or Indirect, proximate or remote or in whole or in part caused by, contributed to or aggravated by any physical loss or damage insured by this Policy, except as specifically allowed below: A. Consequential loss, damage or expense of any kind or description including but not limited to loss of market or delay, liquidated damages, performance penalties, penalties for non-completion, delay in completion, or noncompliance with contract conditions, whether caused by a peril Insured or otherwise; however the foregoing shall not exclude Delay In Completion Coverage when itis specifically made a part cf this Policy by endorsement to this Policy and as limited by that endorsement. B. COST OF MAKING GOOD 1. Faulty or defective workmanship, supplies or material; 2. Fault, defect, error, deficiency or omission in design, plan or specification; 3. Wear and tear, gradual deterioration, inherent vice, latent defect, corrosion, rust, dampness or dryness of the atmosphere, or changes in temperature; unless direct physical loss or damage by an insured peril ensues and then this Policy will cover for such ensuing loss or damage only. For the purpose of this Policy and not merely this exclusion, the property insured, or any portion 021 A habassador (Mkry Parlmay a Suite 00 Lahyette LA 70503 3 Insured: E.E. Cruz & Company, Inc. Y OliCKRISK.C O M Letter- 3-6-19 claim Number: York File No. SRT-0515 CONFIDENTIAL INFORMATION STARR00703 FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020 NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 10/28/2022 thereof, shall not be regarded as damaged solely by virtue of the existence of any condition stated under 1, 2 or 3 above. The forgoing is not meant to be a comprehensive list of all policy provisions that might apply or that might affect, limit or exclude coverage for your claim. Starr reserves the right to rely on all the policy terms and will keep you apprised in that regard as the claim moves forward. We look forward to receiving the additional information discussed above. No representative of the Specialized Loss Adjusting Division of York Risk Services Group, Inc. ("York"), or any consultant retained on behalf of the insurer(s) working with "York", has any authority either to bind the insurer(s) to coverage, or to interpret, waive, or alter any of the terms, conditions, or limitations of the policy. The insurer (s) reserves the right to make all decisions concerning coverage. For the avoidance of doubt, nothing that York communicates to you with respect to this matter constitutes any decision of any kind with respect to any coverage of any kind or an interpretation, waiver or alteration of any policy term, condition or limitation of any insurance policy. Thank you in advance for your continued cooperation into this matter. Respectfully, Eeith & caffey Keith C. Culley Sr. Executive General Adjuster M. 201.388.1510 e- keith.cullev@yorkrisk.com cc: Nicholas Lee Starr Risks Agency, Inc. Nicholas.Lee@starrcompanies.com Catherine E. Griggs, J.D. McGriff, Seibels & Williams, Inc. caricas@mcariff.com 021 A habassador (Mikry Parlmay Suite 00 Laihyette 1A ?M03 4 Insured: E.E. Cruz & Company, Inc. Y OliCKRISK.C O M Letter- 3-6-19 claim Number: York File No. SRT-0515 CONFIDENTIAL INFORMATION STARR00704 FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020 NYSCEF DOC. NO. 101 3/6/20191 Adjusters Loss RECEIVED Specialized NYSCEF: 10/28/2022 Group Services RiskYork 1/28/2019 1/4/2019 Schedule 1/28/2019 1/4/2019 Schedule 1/28/2019 1/4/2019 Remediation RiverMill Sawfor Sche 1/28/2019 1/4/2019 ProjectRiverMill Sawfor Sche 2017 July 1/4/2019 Received 1/4/2019 1/4/2019 Design-Build Bridge Replacement 8 Re - DelucaDavid 1-2, Shafts - Piers719 Log E-Mail 12-18-18 1/4/2019 Received 1/4/2019 01/04/19 1-2 Shaft 1/28/2019 Received 1/28/2019 1/4/2019 Pending 1/28/2019 1/4/2019 Da - (Pages 15A-F2Sheet 1) - - PIR2-3F2 DU2 Drawing Hanover & Hardesty 1/4/2019 Received 1/4/2019 Drawing Remed 2 1-5) (Pages Copy Advanced - 1F2T- - DU2 Drawing Hanover & Hardesty 1/10/2019 1/4/2019 - Substructure ConsF Received 1-8 - Pages Group MT 1/4/2019 1/4/2019 (Co Received Design) Group MT 1/4/2019 Received 1/4/2019 Design Mix (Preliminary) 4 ( pages) Cruz EE 1/4/2019 Received 1/4/2019 Procedures InstallationMicropiles 2 Revision - MicropilesDrawings Hanover & Hardesty 1/4/2019 1/4/2019 Release - RiverMill Substructure Saw Over 9 Received Pending 1/28/2019 (when mircropiles the for Reports Pending 1/4/2019 bridge for piers 10 allfor Reports Pending 10 all on 1/28/2019 work construction to related Even of Pending 1/28/2019 CSL from 11/21/18 Data and Pending pages Procedure, 1/28/2019 7-9 1/9/2019 Received 1/4/2019 V 1/4/2019 Received 1/4/2019 REPORT_113018 2_CSL_FINA (Pages Report Engineers (11/21, Results 2, 1-17) 11-20-19 HVEA 1/4/2019 Received 1/4/2019 11/26) CLS 2 Shaft 1/10/2019 Received 1/4/2019 Details Cap Pile Rem - No. 1 Sheet BLP-1 - Drawing Hanover & Hardesty 1/10/2019 Received 1/4/2019 Plan (PagesReport Hanover & Hardesty 1/10/2019 1/4/2019 - 2/13/18 #1 - Resubmission Report 1-546) Received - 2-8-17Date (Pages 1/9/2019 1/4/2019 -TeamingHanover & Hardesty & CruzE. 1-9) Received 1/4/2019 Received 1/4/2019 Procedure 1/4/2019 Received 1/4/2019 Details Elev - Sheet - Drawing DU2-PIR2-1 Hanover & Hardesty 1/4/2019 1/4/2019 Elevat & Received Comments Received Status Request Request Item / Category Date Last First Documents For Information Request bridge project failed concrete and Caisson 18, ; 2018 November 2, Site- RiverMill 2 Shaft Pier Parkway Saw 546 #CON Claim E.E. A Schedule Company Cruz