Preview
FILED: QUEENS COUNTY CLERK 11/04/2022 09:03 PM INDEX NO. 703644/2018
NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 11/04/2022
MEADOWBROOK
Ï N S U R A N C E G R O U P,,
July 19, 2018
Via electronic, certified and regular mail
91 719999917038 12966952
bcurry(@naticlaim.com
National Claim Services
Attn: Branden G. Curry
140 Stoneridge Drive, Suite 255
Columbia, SC 29210
RE: Julio IraIa-Martinez v. Schuman 673/16 LLC et al.
Claimant: Julio IraIa-Martinez
Loss Location:34-01 Steinway Street, Long Island City, NY
Date of Loss: 02/20/2018
Insured: CCl Contracting, Inc.
Policy No.: USA 4191718
Claim No.: 33-015100
Dear Mr. Curry:
I am a Claims Attorney with Meadowbrook, Inc. assigned to handle the above claim on behalf of
United Specialty Insurance Company ("USIC"), the Commercial Excess Liability carrier for CCI
Contracting, Inc. ("CCI")
USIC received your letter dated 06/13/2018, advising us of the above-referenced claim for
which you are the claims processor on behalf of Clear Blue Insurance - the
third-party Company
general liabilitycarrier for Schuman 673/16 LLC; Cook & Krupa LLC; Sera Holding Corp.
("Schuman"). Per your letter,Schuman is demanding a contractual defense and indemnification
from CCI and USIC. Schuman is also seeking additional insured status under the USIC excess
policy.
As more fully explained in our correspondence to CCI, a copy of which has been sent to you
under separate cover, there is no coverage available for this matter under the USIC excess
policy, because the alleged injury occurred to an employee and/or independent contractor of
CCI.
Accordingly, since there is no coverage for the loss, we must respectfully decline to accept your
tender.
This means USIC will not defend or indemnify Schuman or any other individual or entity that is
attempting to obtain coverage under CCI's policy with USIC. I understand that James River
Insurance Company has already agreed to provide a defense to Schuman under the terms of
the underlying general liabilitypolicy. Since the exclusions identified in the separate letter to
CCI are independent of the underlying policy, James River's coverage determination does not
have any bearing on USIC's coverage analysis.
Christopher Leapley
Claims Attorney
christopher-leap1sy@ameritrustgroup.com | 614-543-7089
Malling Address: P.O.Box 219559 Kansas City,MO 641 21-9559
PhysicalAddress: 550 PolarisParkway. Ste. 300.Westerville,OH 43082
Phone. 800-878-7389 Fax 614-895-7040 or 602-371-0113 Website www.ameritrustgroupcom
FILED: QUEENS COUNTY CLERK 11/04/2022 09:03 PM INDEX NO. 703644/2018
NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 11/04/2022
Page 2 of 3
As information continually presents itself, should at any time you feel there is new information
which may alter this decision on coverage, please notify us immediately, and we willtake steps
to review the information and our coverage position. Please understand that USIC may raise
additional applicable policy provisions and defenses.
We reserve the right to disclaim coverage for any and ali valid reasons under the terms of the
policy whether cited in this letteror not.
The foregoing in no way constitutes, nor should it be considered as a waiver or relinquishment
by USIC of all other defenses available to itunder the terms and conditions of the Policy, and
neither anything in this document nor any act of USIC is to be construed as a waiver of any
known or unknown defense. Additionally, the foregoing in no way restricts or limits USIC from
relying upon and asserting other facts and grounds that are, or may become available to it.
Should you wish to take this matter up with the New York State Insurance Department (now
known as the New York State Department of Financial Services), you may file with the
department either on its website at www.ins.state.ny.us/complhow.htm or you may write to or
visit the Consumer Services Bureau, New York State Insurance Department, at: 25 Beaver
Street, New York, NY 10004; One Commerce Plaza, Albany, NY 12257; 200 Old Country Road,
Suite 340, Mineola, NY 11501, or Walter J. Mahoney Office Building, 65 Court Street, Buffalo,
NY 14202.
Ifyou have questions or would liketo discuss this please contact me at 614-
any matter, directly
543-7089 or christopher.leapley@ameritrustgroup.com.
Sincerely,
UNITED SPECIALTY INSURANCE COMPANY
Christopher Leapley
Claims Attorney
CL/pjh
cc: Demonaco Agency, Inc.
413 Kings Highway
Brooklyn, NY 11223
Risk Placement Services, Inc.
50 Charles Lindbergh Blvd.
Uniondale NY 11553
Barry Semel-Weinstein, Esq.
Attorneys for Plaintiff
2nd 10th
820 Ave, Fbor
New York, NY 10017
Via email to: webmaster@wsatlaw.com
FILED: QUEENS COUNTY CLERK 11/04/2022 09:03 PM INDEX NO. 703644/2018
NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 11/04/2022
Page 3 of 3
CCI Contracting, Inc.
22 Verbena Ave.
Floral Park, NY 11001
James River Insurance Company
Attn: Amanda Snead
P.O. Box 27648
Richmond, VA 23261
Ahmuty, Demers & McManus
Attn: Lisa M. Pigeon, Esq.
Attorneys for Defendants Shuman 673/16 LLC & Cook and Krupa, LLC
200 I.U. Willets Road
Albertson, NY 11507
WARNING
"Any person who knowingly and with intent todefraud any insurance company filesan application for
insurance or statement of claim containing any materially false information or conceals for the purpose of
misleading, information concerning any factmaterial thereto commits a fraudulent insurance act, which is
penalties."
a crime and subjeçts such person to criminaland civil
Revised 01/2013
FILED: QUEENS COUNTY CLERK 11/04/2022 09:03 PM INDEX NO. 703644/2018
NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 11/04/2022
May 6, 2021
Via Emall, Certified and Regular Mail
9489 0090 0027 6107 4540 87
Christopher.Matcovich@admlaw.com
Mr. Christopher J. Matcovich
Ahmuty Demers & McManus
165
199 Water Street, Floor
New York, NY 10038
RE: Julio Irala-Martinez vs. Shuman 673/16 LLC and Cook & Krupa LLC
Shuman 673/16 LLC and Cook & Krupa LLC vs. CCI Contracting Inc.
Sera Holding Corp. and Krill Contracting Inc.
Accident Location: 34-01 Steinway Street
Queens, New York
Date of Loss: February 20, 2018
ADM File: NCSP053618SDZ
ADM Clients: Shuman 673/16 LLC, Cook & Krupa
And Sera Holding Corp.
Insured: CCI Contracting Inc.
No.: USA 4191718 (10/26/17 - Commercial Excess
Policy 10/26/18) Liability
Claim No.: 33-015100
CONFIRMING
TENDER DECLINATION
Dear Mr. Matcovich:
I am a Litigation Specialist with Meadowbrook Inc., a subsidiary of AmeriTrust Group, Inc., assigned to oversee
the above cited lawsuit on behalf of United Specialty Insurance Company ("United Specialty"). United
Specialty issued CCI Contracting Inc. ("CCl") a commercial excess liabilityinsurance policy that isfollow form
and in excess of the commercial general iiabilitypolicy issued to CCI by James River Insurance Co. ("James
River").
United Specialty acknowledges your letter seeking to include defendant Sera Holding Corp. ("Sera") as an
additional insured under CCI's policy, just as James River extended additional insured status to
defendants/third-party plaintiffs Shuman 673/16 LLC and Cook Krupa LLC (collectively referred to "Shuman").
Your letter includes a copy of James River's letters pertaining to the additional insured status of Shuman and
Sera. Because Sera was not yet named as a party, James River declined to provide defense or indemnity for
Sera.
Susan M. Weller,MBA, SCLA
LitigationSpecialist
Susan.Weller@ameritrustgroup.com
MailingAddress: P.O. Box 219559 Kansas City,MO 64121-9559
Phone: 800-825-9489 Fax:614-895-7040 DirectLine:614-543-7433
www.ameritrustgroup.com
FILED: QUEENS COUNTY CLERK 11/04/2022 09:03 PM INDEX NO. 703644/2018
NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 11/04/2022
Page 2 of 4
United Specialty declined coverage to CCI, the tender of Shuman 673/16 LLC, Cook & Krupa LLC, and Sera
Holding Corp. in letters dated July 19, 2018, because plaintiff Julio Irala-Martinez ("Martinez") was in the
course and scope of his employment with CCl when the accident occurred. CC>s commercial excess liability
policy excludes coverage for bodily injuries to CCI's employees such as Martinez. I have attached a copy of
the coverage declination sent to CCI and the tender declination sent to National Claims Services.
The recent tender wanting to include Sera as an additional insured, does not change the fact that Martinez is
an employee of CCI. Therefore, United Specialty as CCI's commercial excess liabilitycarrier, maintains its no
coverage position as itrelates to CCI, Shuman, Cook & Krup, Sera and any other individual or entity claiming
coverage under CC>s commercial excess liabilityissued by United Specialty.
CC>s commercial excess liability policy with United Specialty does not contain any additional insured
endorsements. United Specialty has no duty to provide additional insured coverage to Shuman, Cook & Krupa,
Sera, or any other entity or individual seeking additional insured coverage under CC>s commercial excess
liabilitypolicy with United Specialty.
We are writing to advise you that under this United Specialty policy, there is no coverage for CCI,
Shuman, Cook & Krupa, Sera or for any other individual or entity regarding this matter because
Martinez was in the course and scope of his employment with CCI at the time of his accident.
This letter willaddress the Shuman and Sera tender against CCI's Commercial Excess Llability policy (CX
0001 0413) with United Specialty under Policy No. USA 4191718, which was effective October 26, 2017 to
October 26, 2018. This Policy is a commercial excess liabilitypolicy with loss limits of $5,000,000 Each
Occurrence, $5,000,000 Aggregate.
The underlying Commercial General Liability policy for CCI was issued by James River under Policy No.
00079125-0. As outlined above and the information provided to us as of this letter, James River, as outlined
above, had accepted the Shuman tender but had not accepted Sera's tender for the Martinez lawsuit.
Notwithstanding the coverage provided by the James River policy, we are writing to advise you that, under this
United Specialty policy, as outlined above, there is no coverage for bodily injury to an employee of the named
insured, and Sera's tender is declined.
Please be advised that United Specialty's policy is excess of any valid and collectible primary insurance. Even
ifthere were coverage for this claim, which we deny, United Specialty is only obligated to pay up to its policy
limits when and ifthe policy limits of any underlying policy, such as the James River commercial general
liabilitypolicy are exhausted. United Specialty's coverage is subject to the policy provisions, limitations and
exclusions contained in the CCl excess liability policy and United Specialty reserves the right to deny coverage
based on the policy.
As information continually presents itself,should at any time you feel there is new information which may alter
this decision on coverage, please notify us immediately, and we will take steps to review the information and
our coverage position. Please understand that United Specialty does so without waiving any of its rights to
raise additional applicable policy provisions and defenses.
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 http://www.dfs.ny.gov/consumer/fileacomplaint.htm or you may
write to or visitthe Consumer Assistance Unit, Financial Frauds and Consumer Protection Division, New York
State Department of Financial Services, at: One State Street, New York, NY 10004; One Commerce Plaza,
Albany, NY 12257; 163B Mineola Boulevard, Mineola, NY 11501; or Walter J. Mahoney Office Building, 65
Court Street, Buffalo, NY 14202.
FILED: QUEENS COUNTY CLERK 11/04/2022 09:03 PM INDEX NO. 703644/2018
NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 11/04/2022
Page 3 of 4
Upon review of this correspondence, ifyou have any questions, or ifyou wish to discuss this matter in more
detail, please do not hesitate to contact me at (614) 543-7433 or Susan.Weller@ameritrustqroup.com.
Sincerely,
UNITED SPECIALTY INSURANCE COMPANY
Susan M. Weller, MBA, SCLA
Litigation Specialist II
SMW/pjh
Attachment: July 19, 2018 Tender Declination
July 19, 2018 Coverage Declination to CCI Contracting Inc.
cc: William Cavalieri
CCI Contracting Inc.
22 Verbena Avenue
Floral Park, NY 11001
Via email to: ccicontractinqinc@qmail.com
Elizabeth A. Filardi
Morris Duffy Alonso & Faley
22nd
101 Greenwich Street, Floor
New York, NY 10006
(Your File: JR 68572)
Attorney for Defendant CCI Contracting inc.
Amanda Snead
James River Insurance Company
P. 0. Box 27648
Richmond, VA 23261
(Claim No.: 00103951)
Via email to: Amanda.snead@jamesriverins.com
Christopher W. Drake
William Schwitzer & Associates P.C.
2nd 10th
820 Avenue, FlOOr
New York, NY 10017
(File: SRDS18-028)
Via email to: webmaster@wsatlaw.com
Attorney for Plaintiff Julio Irala-Martinez
Ms. Sherry Pavloff
Stonberg Moran LLP
505 Eighth Avenue, Suite 2302
New York, New York 10018
(Your File:40135)
Via email to: sherri.pavloff@stonbergmoran.com
Attorney for Clear Blue Insurance
FILED: QUEENS COUNTY CLERK 11/04/2022 09:03 PM INDEX NO. 703644/2018
NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 11/04/2022
Page 4 of 4
Branden Curry
National Claims Services
140 Stoneridge Drive, Suite 255
Columbia, SC 29210
(File:0034640)
Via email to: bcurry(dtnationatclaim.com
Third Party Administrator for Clear Blue Insurance insureds:
Defendants Shuman 673/16 LLC, Cook & Krupa LLC and Sera Holding Corp.
KrillContracting Inc.
d
54-24 73 Place
Maspeth, NY 11378
Defendant
Demonaco Agency Inc.
413 Kings Hwy.
Brooklyn, NY 11223
Risk Placement Services Inc.
50 Charles Lindbergh Blvd.
Uniondale, NY 11553
WARNING
"Any person who knowingly and with intent to defraud any insurance company filesan application for insurance or
statement ofclaim containing any materially false information or conceals for the purpose of misleading, information
conceming any factmaterial thereto commits a fraudulent insurance act, which is a crime and subjects such person to
penalties."
criminal and civil
Revised 01/2013
FILED: QUEENS COUNTY CLERK 11/04/2022 09:03 PM INDEX NO. 703644/2018
NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 11/04/2022
National Clai111 Services
140 Stoneridge Drive, Suite 255, Columbia, SC 29210
866-961-4099 Toll Free/ 803-451-5695 Fax
803-451-5824 Ext. 123 Direct/ bcurry@natlclaim.com Email
June 13,2018
VIA CERTIFIED MAIL-REUTRN RECEIPT REQUESTED 2 nd Request
9171999991703960902710
United Specialty Insurance Company
PO Box 24622
Foti Wo1ih, TX 76124
RE: Claimant: Julio lrala-Martinez
Your Insured: CCI Contracting Inc.
DOL: 02/20/18
CBIC Insured: Schuman 673/16 LLC; Cook & Krupa LLC; Sera Holding
Corp.
CBIC Policy No.: AF02-00085-0 I
NCS Claim No.: 0034640
United Policy No.: USA4!91718
Dear Sir/Madam:
National Claim Services is the third party administrator handling claims for Clear Blue Insurance Company
("CBIC"), the commercial general liabilitycarrier for Schuman 673/16 LLC; Cook & Krupa LLC; Sera
Holding Corp ("Schuman"). CBIC has been placed on notice of the above claim involving injuries sustained
to Julio Irala-Martinez ("Ma1iinez"), an employee of your insured, CCI Contracting Inc. ("CCI") while
working at 34-01 Steinway Street, Long Island City, NY According to a certificate of insurance provided
to Schuman, CCI was to name Schuman as additional insureds on excess commercial general liability
policy, policy number USA4 I 9! 7! 8, issued by United Specialty.
We understand the contract between Schuman and CCI requires CCI to name Schuman as additional
insureds under the United Specialty policy and to defend and indemnify Schuman and other defendants
against any and all claims. CBIC does hereby tender this claim on behalf of Schuman for defense,
indemnification, and additional insured status to CCI and United Specialty Insurance Company.
Please acknowledge this in a timely manner and verify that Schuman 673/16 LLC; Cook & Krupa LLC;
Sera Holding Corp qualify as additional insureds on the policy issued by United Specialty Insurance
Company.
Enclosed please find a copy of the tender acceptance from James River Insurance Company, the primaiy
commercial general liability carrier for CCI.
Sincerely,
FILED: QUEENS COUNTY CLERK 11/04/2022 09:03 PM INDEX NO. 703644/2018
NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 11/04/2022
Branden G. Curry
Senior Claims Specialist
Cc:
Schuman Properties
Mr. Andrew Ebenstein
Via email (aebenstein@gmail.com)
CCI Contracting Inc.
97-26 99th Street
Ozone Park, NY I I 416
Ahmuty Demers & McManus
Lisa Pigeon, Esquire
Via email (Lisa.Pigeon@admlaw.com) (w/ enclosures)
Atty for Schuman
FILED: QUEENS COUNTY CLERK 11/04/2022 09:03 PM INDEX NO. 703644/2018
NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 11/04/2022
INSURANCE
June 8, 2018
Via Email and Certified Mail- Return Receipt Requested
National Claim Services
Attn: Mr. Branden G. Curry
140 Stoneridge Drive, Ste 255
Columbia, SC 29210
bcurry@nationlclaim.com
RE: Our Insured: CCI Contracting Inc
Policy No.: 00079125-0
Policy Term: 09/06/2017 to 09/06/2018
Occurrence Date: 02/20/2018
Case of: Julio lrala-Martinez
Shuman 673/16 LLC, Cook & Krupa, LLC
Venue: Supreme Court of the State of New York
County of Queens
Case No.: 703644/2018
Our File No.: 00103951
Your Insured: Shuman 673/16 LLC, Cook & Krupa, LLC
Your Claim: 0034640
Dear Mr. Curry:
This letter follows James River Insurance Company's ("James River's") letter of
05/09/2018 wherein we acknowledged receipt of the above referenced matter and agreed
to provide a defense to your insureds Schuman 673/ I 6 LLC and Cook & Krupa LLC
subject to a reservation of rights. We reserved the right to disclaim coverage should we
determine that Julio lrala-Martinez's alleged "bodily injury" was not caused in whole or
in part by CCI Contracting Inc's acts or omissions, or the acts or omissions of those
acting on behalf of CCI Contracting Inc.
We acknowledge your email of 05/10/2018 requesting a rescission of our reservation of
rights. The basis given in suppo1i of your request is that according to your insured, Mr.
lrala-Maiiinez was handing metal studs to another CCI Contracting Inc employee when
the stud slipped, striking Mr. Irala-Martinez. Based on this and on information obtained
from our insured, James River hereby withdraws its reservation of rights for indemnity.
We are in the process of assigning counsel to represent Schuman 673/16 LLC and Cook
& Krupa LLC in this matter and will provide the attorney's information to you shortly.
Claims Department
.James River Insurance Company
P.O. Box 27648 • Richmond, VA 23261 • 804.289.2700 • Fax 804.420.1058
www.jamesriverins.com
FILED: QUEENS COUNTY CLERK 11/04/2022 09:03 PM INDEX NO. 703644/2018
NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 11/04/2022
National Claim Services
Attn: Mr. Branden G. Curry
.June 8, 2018
Page 2 of2
If you have any questions or wish to discuss any of the above, please do not hesitate to
contact me at Tel (804) 289-2139, Fax# (804) 420-1058 or via Email:
amanda.snead@jamesriverins.com.
Sincerely,
Amanda Snead
Senior Claims Examiner
Applicable in Arkansas, Dchnvare, District of Columbia, Kentucky, Louisiana,
Maine, Michigan, New Mexico, New York, North Dakota, Pennsylvania,
Rhode Island, South Dakota, Tennessee, Texas, Virginia, \Vashington and \Vest Virginia
Any person who knowingly and with intent to defraud any insurance company or another person, files a statement of
claim containing any materially false information, or conceals for the purpose of misleading, information concerning
any fact, material the.reto, commits a fraudulent. insurance act, which is a crime, subject to criminal prosecution and
!NY: substantialj civil penalties.In DC, LA, ME, TN VA and \VA insurance benefits may also be denied.
CC:
Via Email and Certified Mail - Return Receipt Requested
CCI Contracting Inc
Attn: Mr. William Cavalieri
22 Verbena Avenue
Floral Park, NY J 100 J
ccicontractinginc
Preview
FILED: QUEENS COUNTY CLERK 11/04/2022 09:03 PM INDEX NO. 703644/2018 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 11/04/2022 MEADOWBROOK Ï N S U R A N C E G R O U P,, July 19, 2018 Via electronic, certified and regular mail 91 719999917038 12966952 bcurry(@naticlaim.com National Claim Services Attn: Branden G. Curry 140 Stoneridge Drive, Suite 255 Columbia, SC 29210 RE: Julio IraIa-Martinez v. Schuman 673/16 LLC et al. Claimant: Julio IraIa-Martinez Loss Location:34-01 Steinway Street, Long Island City, NY Date of Loss: 02/20/2018 Insured: CCl Contracting, Inc. Policy No.: USA 4191718 Claim No.: 33-015100 Dear Mr. Curry: I am a Claims Attorney with Meadowbrook, Inc. assigned to handle the above claim on behalf of United Specialty Insurance Company ("USIC"), the Commercial Excess Liability carrier for CCI Contracting, Inc. ("CCI") USIC received your letter dated 06/13/2018, advising us of the above-referenced claim for which you are the claims processor on behalf of Clear Blue Insurance - the third-party Company general liabilitycarrier for Schuman 673/16 LLC; Cook & Krupa LLC; Sera Holding Corp. ("Schuman"). Per your letter,Schuman is demanding a contractual defense and indemnification from CCI and USIC. Schuman is also seeking additional insured status under the USIC excess policy. As more fully explained in our correspondence to CCI, a copy of which has been sent to you under separate cover, there is no coverage available for this matter under the USIC excess policy, because the alleged injury occurred to an employee and/or independent contractor of CCI. Accordingly, since there is no coverage for the loss, we must respectfully decline to accept your tender. This means USIC will not defend or indemnify Schuman or any other individual or entity that is attempting to obtain coverage under CCI's policy with USIC. I understand that James River Insurance Company has already agreed to provide a defense to Schuman under the terms of the underlying general liabilitypolicy. Since the exclusions identified in the separate letter to CCI are independent of the underlying policy, James River's coverage determination does not have any bearing on USIC's coverage analysis. Christopher Leapley Claims Attorney christopher-leap1sy@ameritrustgroup.com | 614-543-7089 Malling Address: P.O.Box 219559 Kansas City,MO 641 21-9559 PhysicalAddress: 550 PolarisParkway. Ste. 300.Westerville,OH 43082 Phone. 800-878-7389 Fax 614-895-7040 or 602-371-0113 Website www.ameritrustgroupcom FILED: QUEENS COUNTY CLERK 11/04/2022 09:03 PM INDEX NO. 703644/2018 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 11/04/2022 Page 2 of 3 As information continually presents itself, should at any time you feel there is new information which may alter this decision on coverage, please notify us immediately, and we willtake steps to review the information and our coverage position. Please understand that USIC may raise additional applicable policy provisions and defenses. We reserve the right to disclaim coverage for any and ali valid reasons under the terms of the policy whether cited in this letteror not. The foregoing in no way constitutes, nor should it be considered as a waiver or relinquishment by USIC of all other defenses available to itunder the terms and conditions of the Policy, and neither anything in this document nor any act of USIC is to be construed as a waiver of any known or unknown defense. Additionally, the foregoing in no way restricts or limits USIC from relying upon and asserting other facts and grounds that are, or may become available to it. Should you wish to take this matter up with the New York State Insurance Department (now known as the New York State Department of Financial Services), you may file with the department either on its website at www.ins.state.ny.us/complhow.htm or you may write to or visit the Consumer Services Bureau, New York State Insurance Department, at: 25 Beaver Street, New York, NY 10004; One Commerce Plaza, Albany, NY 12257; 200 Old Country Road, Suite 340, Mineola, NY 11501, or Walter J. Mahoney Office Building, 65 Court Street, Buffalo, NY 14202. Ifyou have questions or would liketo discuss this please contact me at 614- any matter, directly 543-7089 or christopher.leapley@ameritrustgroup.com. Sincerely, UNITED SPECIALTY INSURANCE COMPANY Christopher Leapley Claims Attorney CL/pjh cc: Demonaco Agency, Inc. 413 Kings Highway Brooklyn, NY 11223 Risk Placement Services, Inc. 50 Charles Lindbergh Blvd. Uniondale NY 11553 Barry Semel-Weinstein, Esq. Attorneys for Plaintiff 2nd 10th 820 Ave, Fbor New York, NY 10017 Via email to: webmaster@wsatlaw.com FILED: QUEENS COUNTY CLERK 11/04/2022 09:03 PM INDEX NO. 703644/2018 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 11/04/2022 Page 3 of 3 CCI Contracting, Inc. 22 Verbena Ave. Floral Park, NY 11001 James River Insurance Company Attn: Amanda Snead P.O. Box 27648 Richmond, VA 23261 Ahmuty, Demers & McManus Attn: Lisa M. Pigeon, Esq. Attorneys for Defendants Shuman 673/16 LLC & Cook and Krupa, LLC 200 I.U. Willets Road Albertson, NY 11507 WARNING "Any person who knowingly and with intent todefraud any insurance company filesan application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any factmaterial thereto commits a fraudulent insurance act, which is penalties." a crime and subjeçts such person to criminaland civil Revised 01/2013 FILED: QUEENS COUNTY CLERK 11/04/2022 09:03 PM INDEX NO. 703644/2018 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 11/04/2022 May 6, 2021 Via Emall, Certified and Regular Mail 9489 0090 0027 6107 4540 87 Christopher.Matcovich@admlaw.com Mr. Christopher J. Matcovich Ahmuty Demers & McManus 165 199 Water Street, Floor New York, NY 10038 RE: Julio Irala-Martinez vs. Shuman 673/16 LLC and Cook & Krupa LLC Shuman 673/16 LLC and Cook & Krupa LLC vs. CCI Contracting Inc. Sera Holding Corp. and Krill Contracting Inc. Accident Location: 34-01 Steinway Street Queens, New York Date of Loss: February 20, 2018 ADM File: NCSP053618SDZ ADM Clients: Shuman 673/16 LLC, Cook & Krupa And Sera Holding Corp. Insured: CCI Contracting Inc. No.: USA 4191718 (10/26/17 - Commercial Excess Policy 10/26/18) Liability Claim No.: 33-015100 CONFIRMING TENDER DECLINATION Dear Mr. Matcovich: I am a Litigation Specialist with Meadowbrook Inc., a subsidiary of AmeriTrust Group, Inc., assigned to oversee the above cited lawsuit on behalf of United Specialty Insurance Company ("United Specialty"). United Specialty issued CCI Contracting Inc. ("CCl") a commercial excess liabilityinsurance policy that isfollow form and in excess of the commercial general iiabilitypolicy issued to CCI by James River Insurance Co. ("James River"). United Specialty acknowledges your letter seeking to include defendant Sera Holding Corp. ("Sera") as an additional insured under CCI's policy, just as James River extended additional insured status to defendants/third-party plaintiffs Shuman 673/16 LLC and Cook Krupa LLC (collectively referred to "Shuman"). Your letter includes a copy of James River's letters pertaining to the additional insured status of Shuman and Sera. Because Sera was not yet named as a party, James River declined to provide defense or indemnity for Sera. Susan M. Weller,MBA, SCLA LitigationSpecialist Susan.Weller@ameritrustgroup.com MailingAddress: P.O. Box 219559 Kansas City,MO 64121-9559 Phone: 800-825-9489 Fax:614-895-7040 DirectLine:614-543-7433 www.ameritrustgroup.com FILED: QUEENS COUNTY CLERK 11/04/2022 09:03 PM INDEX NO. 703644/2018 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 11/04/2022 Page 2 of 4 United Specialty declined coverage to CCI, the tender of Shuman 673/16 LLC, Cook & Krupa LLC, and Sera Holding Corp. in letters dated July 19, 2018, because plaintiff Julio Irala-Martinez ("Martinez") was in the course and scope of his employment with CCl when the accident occurred. CC>s commercial excess liability policy excludes coverage for bodily injuries to CCI's employees such as Martinez. I have attached a copy of the coverage declination sent to CCI and the tender declination sent to National Claims Services. The recent tender wanting to include Sera as an additional insured, does not change the fact that Martinez is an employee of CCI. Therefore, United Specialty as CCI's commercial excess liabilitycarrier, maintains its no coverage position as itrelates to CCI, Shuman, Cook & Krup, Sera and any other individual or entity claiming coverage under CC>s commercial excess liabilityissued by United Specialty. CC>s commercial excess liability policy with United Specialty does not contain any additional insured endorsements. United Specialty has no duty to provide additional insured coverage to Shuman, Cook & Krupa, Sera, or any other entity or individual seeking additional insured coverage under CC>s commercial excess liabilitypolicy with United Specialty. We are writing to advise you that under this United Specialty policy, there is no coverage for CCI, Shuman, Cook & Krupa, Sera or for any other individual or entity regarding this matter because Martinez was in the course and scope of his employment with CCI at the time of his accident. This letter willaddress the Shuman and Sera tender against CCI's Commercial Excess Llability policy (CX 0001 0413) with United Specialty under Policy No. USA 4191718, which was effective October 26, 2017 to October 26, 2018. This Policy is a commercial excess liabilitypolicy with loss limits of $5,000,000 Each Occurrence, $5,000,000 Aggregate. The underlying Commercial General Liability policy for CCI was issued by James River under Policy No. 00079125-0. As outlined above and the information provided to us as of this letter, James River, as outlined above, had accepted the Shuman tender but had not accepted Sera's tender for the Martinez lawsuit. Notwithstanding the coverage provided by the James River policy, we are writing to advise you that, under this United Specialty policy, as outlined above, there is no coverage for bodily injury to an employee of the named insured, and Sera's tender is declined. Please be advised that United Specialty's policy is excess of any valid and collectible primary insurance. Even ifthere were coverage for this claim, which we deny, United Specialty is only obligated to pay up to its policy limits when and ifthe policy limits of any underlying policy, such as the James River commercial general liabilitypolicy are exhausted. United Specialty's coverage is subject to the policy provisions, limitations and exclusions contained in the CCl excess liability policy and United Specialty reserves the right to deny coverage based on the policy. As information continually presents itself,should at any time you feel there is new information which may alter this decision on coverage, please notify us immediately, and we will take steps to review the information and our coverage position. Please understand that United Specialty does so without waiving any of its rights to raise additional applicable policy provisions and defenses. 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 http://www.dfs.ny.gov/consumer/fileacomplaint.htm or you may write to or visitthe Consumer Assistance Unit, Financial Frauds and Consumer Protection Division, New York State Department of Financial Services, at: One State Street, New York, NY 10004; One Commerce Plaza, Albany, NY 12257; 163B Mineola Boulevard, Mineola, NY 11501; or Walter J. Mahoney Office Building, 65 Court Street, Buffalo, NY 14202. FILED: QUEENS COUNTY CLERK 11/04/2022 09:03 PM INDEX NO. 703644/2018 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 11/04/2022 Page 3 of 4 Upon review of this correspondence, ifyou have any questions, or ifyou wish to discuss this matter in more detail, please do not hesitate to contact me at (614) 543-7433 or Susan.Weller@ameritrustqroup.com. Sincerely, UNITED SPECIALTY INSURANCE COMPANY Susan M. Weller, MBA, SCLA Litigation Specialist II SMW/pjh Attachment: July 19, 2018 Tender Declination July 19, 2018 Coverage Declination to CCI Contracting Inc. cc: William Cavalieri CCI Contracting Inc. 22 Verbena Avenue Floral Park, NY 11001 Via email to: ccicontractinqinc@qmail.com Elizabeth A. Filardi Morris Duffy Alonso & Faley 22nd 101 Greenwich Street, Floor New York, NY 10006 (Your File: JR 68572) Attorney for Defendant CCI Contracting inc. Amanda Snead James River Insurance Company P. 0. Box 27648 Richmond, VA 23261 (Claim No.: 00103951) Via email to: Amanda.snead@jamesriverins.com Christopher W. Drake William Schwitzer & Associates P.C. 2nd 10th 820 Avenue, FlOOr New York, NY 10017 (File: SRDS18-028) Via email to: webmaster@wsatlaw.com Attorney for Plaintiff Julio Irala-Martinez Ms. Sherry Pavloff Stonberg Moran LLP 505 Eighth Avenue, Suite 2302 New York, New York 10018 (Your File:40135) Via email to: sherri.pavloff@stonbergmoran.com Attorney for Clear Blue Insurance FILED: QUEENS COUNTY CLERK 11/04/2022 09:03 PM INDEX NO. 703644/2018 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 11/04/2022 Page 4 of 4 Branden Curry National Claims Services 140 Stoneridge Drive, Suite 255 Columbia, SC 29210 (File:0034640) Via email to: bcurry(dtnationatclaim.com Third Party Administrator for Clear Blue Insurance insureds: Defendants Shuman 673/16 LLC, Cook & Krupa LLC and Sera Holding Corp. KrillContracting Inc. d 54-24 73 Place Maspeth, NY 11378 Defendant Demonaco Agency Inc. 413 Kings Hwy. Brooklyn, NY 11223 Risk Placement Services Inc. 50 Charles Lindbergh Blvd. Uniondale, NY 11553 WARNING "Any person who knowingly and with intent to defraud any insurance company filesan application for insurance or statement ofclaim containing any materially false information or conceals for the purpose of misleading, information conceming any factmaterial thereto commits a fraudulent insurance act, which is a crime and subjects such person to penalties." criminal and civil Revised 01/2013 FILED: QUEENS COUNTY CLERK 11/04/2022 09:03 PM INDEX NO. 703644/2018 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 11/04/2022 National Clai111 Services 140 Stoneridge Drive, Suite 255, Columbia, SC 29210 866-961-4099 Toll Free/ 803-451-5695 Fax 803-451-5824 Ext. 123 Direct/ bcurry@natlclaim.com Email June 13,2018 VIA CERTIFIED MAIL-REUTRN RECEIPT REQUESTED 2 nd Request 9171999991703960902710 United Specialty Insurance Company PO Box 24622 Foti Wo1ih, TX 76124 RE: Claimant: Julio lrala-Martinez Your Insured: CCI Contracting Inc. DOL: 02/20/18 CBIC Insured: Schuman 673/16 LLC; Cook & Krupa LLC; Sera Holding Corp. CBIC Policy No.: AF02-00085-0 I NCS Claim No.: 0034640 United Policy No.: USA4!91718 Dear Sir/Madam: National Claim Services is the third party administrator handling claims for Clear Blue Insurance Company ("CBIC"), the commercial general liabilitycarrier for Schuman 673/16 LLC; Cook & Krupa LLC; Sera Holding Corp ("Schuman"). CBIC has been placed on notice of the above claim involving injuries sustained to Julio Irala-Martinez ("Ma1iinez"), an employee of your insured, CCI Contracting Inc. ("CCI") while working at 34-01 Steinway Street, Long Island City, NY According to a certificate of insurance provided to Schuman, CCI was to name Schuman as additional insureds on excess commercial general liability policy, policy number USA4 I 9! 7! 8, issued by United Specialty. We understand the contract between Schuman and CCI requires CCI to name Schuman as additional insureds under the United Specialty policy and to defend and indemnify Schuman and other defendants against any and all claims. CBIC does hereby tender this claim on behalf of Schuman for defense, indemnification, and additional insured status to CCI and United Specialty Insurance Company. Please acknowledge this in a timely manner and verify that Schuman 673/16 LLC; Cook & Krupa LLC; Sera Holding Corp qualify as additional insureds on the policy issued by United Specialty Insurance Company. Enclosed please find a copy of the tender acceptance from James River Insurance Company, the primaiy commercial general liability carrier for CCI. Sincerely, FILED: QUEENS COUNTY CLERK 11/04/2022 09:03 PM INDEX NO. 703644/2018 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 11/04/2022 Branden G. Curry Senior Claims Specialist Cc: Schuman Properties Mr. Andrew Ebenstein Via email (aebenstein@gmail.com) CCI Contracting Inc. 97-26 99th Street Ozone Park, NY I I 416 Ahmuty Demers & McManus Lisa Pigeon, Esquire Via email (Lisa.Pigeon@admlaw.com) (w/ enclosures) Atty for Schuman FILED: QUEENS COUNTY CLERK 11/04/2022 09:03 PM INDEX NO. 703644/2018 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 11/04/2022 INSURANCE June 8, 2018 Via Email and Certified Mail- Return Receipt Requested National Claim Services Attn: Mr. Branden G. Curry 140 Stoneridge Drive, Ste 255 Columbia, SC 29210 bcurry@nationlclaim.com RE: Our Insured: CCI Contracting Inc Policy No.: 00079125-0 Policy Term: 09/06/2017 to 09/06/2018 Occurrence Date: 02/20/2018 Case of: Julio lrala-Martinez Shuman 673/16 LLC, Cook & Krupa, LLC Venue: Supreme Court of the State of New York County of Queens Case No.: 703644/2018 Our File No.: 00103951 Your Insured: Shuman 673/16 LLC, Cook & Krupa, LLC Your Claim: 0034640 Dear Mr. Curry: This letter follows James River Insurance Company's ("James River's") letter of 05/09/2018 wherein we acknowledged receipt of the above referenced matter and agreed to provide a defense to your insureds Schuman 673/ I 6 LLC and Cook & Krupa LLC subject to a reservation of rights. We reserved the right to disclaim coverage should we determine that Julio lrala-Martinez's alleged "bodily injury" was not caused in whole or in part by CCI Contracting Inc's acts or omissions, or the acts or omissions of those acting on behalf of CCI Contracting Inc. We acknowledge your email of 05/10/2018 requesting a rescission of our reservation of rights. The basis given in suppo1i of your request is that according to your insured, Mr. lrala-Maiiinez was handing metal studs to another CCI Contracting Inc employee when the stud slipped, striking Mr. Irala-Martinez. Based on this and on information obtained from our insured, James River hereby withdraws its reservation of rights for indemnity. We are in the process of assigning counsel to represent Schuman 673/16 LLC and Cook & Krupa LLC in this matter and will provide the attorney's information to you shortly. Claims Department .James River Insurance Company P.O. Box 27648 • Richmond, VA 23261 • 804.289.2700 • Fax 804.420.1058 www.jamesriverins.com FILED: QUEENS COUNTY CLERK 11/04/2022 09:03 PM INDEX NO. 703644/2018 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 11/04/2022 National Claim Services Attn: Mr. Branden G. Curry .June 8, 2018 Page 2 of2 If you have any questions or wish to discuss any of the above, please do not hesitate to contact me at Tel (804) 289-2139, Fax# (804) 420-1058 or via Email: amanda.snead@jamesriverins.com. Sincerely, Amanda Snead Senior Claims Examiner Applicable in Arkansas, Dchnvare, District of Columbia, Kentucky, Louisiana, Maine, Michigan, New Mexico, New York, North Dakota, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Virginia, \Vashington and \Vest Virginia Any person who knowingly and with intent to defraud any insurance company or another person, files a statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact, material the.reto, commits a fraudulent. insurance act, which is a crime, subject to criminal prosecution and !NY: substantialj civil penalties.In DC, LA, ME, TN VA and \VA insurance benefits may also be denied. CC: Via Email and Certified Mail - Return Receipt Requested CCI Contracting Inc Attn: Mr. William Cavalieri 22 Verbena Avenue Floral Park, NY J 100 J ccicontractinginc