On January 04, 2021 a
Letter,Correspondence
was filed
involving a dispute between
Preferred Mutual Insurance Company,
and
Devin M. Harkins,
James J. Parkhurst
In His Representative Capacity, As Parent And Guardian, On Behalf Of M.P. And M.J.P., Infants,
John Or Jane Doe
Administrator Of The Estate Of Cynthia Harkins,
Kingston Fraternal Youth Babe Ruth League, Inc.,
Kingston Youth Baseball & Softball Association, Inc.,
for Commercial - Insurance
in the District Court of Chenango County.
Preview
FILED: CHENANGO COUNTY CLERK 11/18/2022 03:25 PM INDEX NO. 2021-00005001
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 11/18/2022
EXHIBIT I
FILED: CHENANGO COUNTY CLERK 11/18/2022 03:25 PM INDEX NO. 2021-00005001
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 11/18/2022
Preferred Mutual Insurance Company
One Preferred Way
New Berlin NY 13411
Preferred Mutual Tel: 800.333.7642
Fax: 607.847.6616
Live Assured- www.preferredmutual.com
Cert# 9171 9690 0935 0207 0273 71
12/09/2020 Claim #20119214
DEVIN HARKINS
35 AMSTERDAM AVE
KINGSTON, NY 12401-1801
Re: Insured: TIMOTHY & CYNTHIA HARKINS
Claimant: PARKHURST, PARKHURST
Date of Occurrence: N/A
Policy #: PH00100675336
Claim #: 20119214
Dear DEVIN HARKINS,
We are in receipt of a notice of claim against you for alleged sexual abuse. The alleged abuse occurred over the
past several years. We have had the opportunity to evaluate these allegations against all available insurance
coverage on the Homeowners policy issued to Timothy and Cynthia Harkins, and we have determined that there
is no coverage for this claim, including defense and indemnification.
It is alleged that you engaged in sexual misconduct with the above-named claimants while they were underage.
The alleged conduct is intentional and criminal in nature and therefore excluded under the policy. The costs
associated with the defense of such matters as well as indemnification for any damages awarded are specifically
excluded by the policy.
For additional clarification regarding these exclusions, we ask that you reference the following policy terms
provided below, Coverage L — Personal Liability, and EXCLUSIONS THAT APPLY TO LIABILITY
COVERAGE (Pages 11, 14):
Coverage L -- Personal Liability -- "We" pay, up to "our" "limit", all sums for which an "insured" is liable by law because of
"bodily injury" or "property damage" caused by an "occurrence" to which this coverage applies. "We" will defend a suit seeking
damages if the suit resulted from "bodilyinjury" or "property damage" not excluded under this coverage. "We" may make
investigations and settle claims or suits that "we" decide are appropriate. "We" do not have to provide a defense after "we" have
paid an amount equal to "our" "limit" as a result of a judgment or written settlement.
1. Exclusions That Apply To Coverages L and M -- This policy does not apply to:
i. "bodily injury" or "property damage":
1) which is expected by, directed by, or in-tended by an "insured";
2) that is the result of a criminal act of an "insured"; or
3) that is the result of an intentional and malicious act by or at the direction of an "insured".
As stated in the policy, coverage is excluded for this claim and any claims that are the result of intentional and
criminal conduct. The policy will not provide any defense or indemnification for these claims.
FILED: CHENANGO COUNTY CLERK 11/18/2022 03:25 PM INDEX NO. 2021-00005001
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 11/18/2022
Should you wish to take this matter up with the New York State Department of Financial Services, you may file
with the Department either on its website at www.dfs.ny.gov/consumer/fileacomplaint.htm or you may write or
visit the Consumer Services Bureau, New York State Department of Financial Services, at:
One State Street, New York, NY 10004; One Commerce Plaza, Albany, NY 12257; 1399 Franklin Avenue,
Garden City, NY 11530; or Walter J. Mahoney Office Building, 65 Court Street, Buffalo, NY 14202.
If you have any questions regarding this letter or our coverage position, please do not hesitate to contact the
undersigned.
Sincerely,
Daniel J. Hernandez, CPCU
Liability Claims Representative
(800) 333-7642 Ext.1561
claims@preferredmutual.com
Cc: QUILTY DWYER & LARKIN INSURANCE AGENCY, 31-75800
O'Connor & Partners PLLC
255 Wall Street
Kingston, NY 12401
Shafran & Rock PLLC
730 Broadway
Kingston, NY 12401
FILED: CHENANGO COUNTY CLERK 11/18/2022 03:25 PM INDEX NO. 2021-00005001
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 11/18/2022
Preferred
Preferrecl Mutual
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Fil: 607.a47.0616'
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Cert#
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Claimant: WP^Rt
Document Filed Date
November 18, 2022
Case Filing Date
January 04, 2021
Category
Commercial - Insurance
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FILED: CHENANGO COUNTY CLERK 11/18/2022 03:25 PM INDEX NO. 2021-00005001 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 11/18/2022 EXHIBIT I FILED: CHENANGO COUNTY CLERK 11/18/2022 03:25 PM INDEX NO. 2021-00005001 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 11/18/2022 Preferred Mutual Insurance Company One Preferred Way New Berlin NY 13411 Preferred Mutual Tel: 800.333.7642 Fax: 607.847.6616 Live Assured- www.preferredmutual.com Cert# 9171 9690 0935 0207 0273 71 12/09/2020 Claim #20119214 DEVIN HARKINS 35 AMSTERDAM AVE KINGSTON, NY 12401-1801 Re: Insured: TIMOTHY & CYNTHIA HARKINS Claimant: PARKHURST, PARKHURST Date of Occurrence: N/A Policy #: PH00100675336 Claim #: 20119214 Dear DEVIN HARKINS, We are in receipt of a notice of claim against you for alleged sexual abuse. The alleged abuse occurred over the past several years. We have had the opportunity to evaluate these allegations against all available insurance coverage on the Homeowners policy issued to Timothy and Cynthia Harkins, and we have determined that there is no coverage for this claim, including defense and indemnification. It is alleged that you engaged in sexual misconduct with the above-named claimants while they were underage. The alleged conduct is intentional and criminal in nature and therefore excluded under the policy. The costs associated with the defense of such matters as well as indemnification for any damages awarded are specifically excluded by the policy. For additional clarification regarding these exclusions, we ask that you reference the following policy terms provided below, Coverage L — Personal Liability, and EXCLUSIONS THAT APPLY TO LIABILITY COVERAGE (Pages 11, 14): Coverage L -- Personal Liability -- "We" pay, up to "our" "limit", all sums for which an "insured" is liable by law because of "bodily injury" or "property damage" caused by an "occurrence" to which this coverage applies. "We" will defend a suit seeking damages if the suit resulted from "bodilyinjury" or "property damage" not excluded under this coverage. "We" may make investigations and settle claims or suits that "we" decide are appropriate. "We" do not have to provide a defense after "we" have paid an amount equal to "our" "limit" as a result of a judgment or written settlement. 1. Exclusions That Apply To Coverages L and M -- This policy does not apply to: i. "bodily injury" or "property damage": 1) which is expected by, directed by, or in-tended by an "insured"; 2) that is the result of a criminal act of an "insured"; or 3) that is the result of an intentional and malicious act by or at the direction of an "insured". As stated in the policy, coverage is excluded for this claim and any claims that are the result of intentional and criminal conduct. The policy will not provide any defense or indemnification for these claims. FILED: CHENANGO COUNTY CLERK 11/18/2022 03:25 PM INDEX NO. 2021-00005001 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 11/18/2022 Should you wish to take this matter up with the New York State Department of Financial Services, you may file with the Department either on its website at www.dfs.ny.gov/consumer/fileacomplaint.htm or you may write or visit the Consumer Services Bureau, New York State Department of Financial Services, at: One State Street, New York, NY 10004; One Commerce Plaza, Albany, NY 12257; 1399 Franklin Avenue, Garden City, NY 11530; or Walter J. Mahoney Office Building, 65 Court Street, Buffalo, NY 14202. If you have any questions regarding this letter or our coverage position, please do not hesitate to contact the undersigned. Sincerely, Daniel J. Hernandez, CPCU Liability Claims Representative (800) 333-7642 Ext.1561 claims@preferredmutual.com Cc: QUILTY DWYER & LARKIN INSURANCE AGENCY, 31-75800 O'Connor & Partners PLLC 255 Wall Street Kingston, NY 12401 Shafran & Rock PLLC 730 Broadway Kingston, NY 12401 FILED: CHENANGO COUNTY CLERK 11/18/2022 03:25 PM INDEX NO. 2021-00005001 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 11/18/2022 Preferred Preferrecl Mutual ¡,lutrDlInsurance lnsur¡ncc Cr Cl .On6Pfnlerieu One Pfolefivq way way New NY Berlin New 8ôrlin. llY15411 1341 I Preferred Mutual Mutual Tel: lol:800.35p ..7642. 800.333.7642 @3J,p"Jr*¿ Lfve Asin:red" www Fax: Fil: 607.a47.0616' 607.947.0610' preferrecknpluaLaom ww.preleredmütuãl:com I Cert# Cert#9171 q690 0935 9171 9690 0201 0273 0935 0207 0V73 64 64 I I I i I WA9P97p' 410.912xp. I Claim W20119.214 Clai¡n'#2ÍJT1.92:14 I ¡ 'SHAMAN & ROCK SFI.A.FRÁ..N & ROCK I I 756UOADWhY• ??d BROAD]ù¿A-V I IONGST.OMNY12401 KIT\IGSTQ NTi NIY .1240 I i r I Rc: Re: Iirr¡r'rjcl:.'IIMOTI'Iy Ihstired:TIMOTHY & CYNTFIIA HARKIN 8¿ CYNTHIA. HARIilN,T - Clai¡nnn Claimant: WP^Rt