On June 03, 2022 a
Exhibit,Appendix
was filed
involving a dispute between
Hudson Excess Insurance Company,
and
Certain Underwriters At Lloyd'S London Subscribing To Policy No. Lcc-000058,
for Commercial - Insurance
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 10/27/2022 10:29 AM INDEX NO. 656604/2022
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 10/27/2022
Exhibit F
FILED: NEW YORK COUNTY CLERK 10/27/2022 10:29 AM INDEX NO. 656604/2022
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 10/27/2022
Hudson Insura nce Company 100 William 5th Floor
Street,
Hudson SpecialtyInsuranceCompany
Hudson Excess Insurance
Company New York, NY 10038
HUDSON
INSURANCE GROU Po T 212 978-2796
F 646 216.3786
www.hudsoninsgroup.com
An OdysseyRe Fairfax Company
Via e-mail jwright@premierclaimsllc.com
February 7, 2022
Premier Claims LLC
2020 B North Tustin Ave
Santa Ana, Calif., 92705
Attn: Mr. Joseph Wright, Esq.
Re: Edwin Mena vs 485 Seventh Ave Associates LLC and Magnetic Builders vs
Group
Construction Realty Safety Group
Our Insured: A& G.V. Stucco
Our Policy: HXMX-200348
Eff Dates: 9/18/15-9/18/16
Limits: $5,000,000 per occ./$5,000,000 agg.
Our Claim #: NYC-0000560
Your Insured: 485 Seventh Ave Associates LLC and Magnetic Builders Group
Your Policy #: LCC-000058
Eff. Dates: 8/31/15-6/30/17
Policy Limits: 2m.agg./2m per occ.
Your Claim: 10-008489
1
Loc. of Loss: 485 7 Ave, NY,NY
Date of Loss: 6/7/16
Dear Mr. Wright:
Hudson is the 5 million dollar excess policy above the $1,000,000 First Mercury Insurance Co
primary policy written for A&G.V. Stucco. First Mercury, the primary carrier has accepted
tender for your insureds under their primary A&G.V. policy and isdefending and providing
"
additional insured coverage to same regarding a lawsuit entitled Edwin Mena vs. 485 Seventh
Ave Associates LLC and Magnetic Builders Group vs. Construction Realty Safety Group under
Index # 20345/2017E venued in Supreme Bronx County, NY.
This matter involves the plaintiff, employed by A&G.V. alleging he was on a baker's scaffold
using a motorized rotary chipping hammer to remove brick from a wall just below the ceiling.
While performing this task, a part of the concrete between the ceiling and the upper wall fell onto
his head causing him to fall from the scaffold eventually resulting in his need for lumbar fusion
surgery and cervical epidurals.
FILED: NEW YORK COUNTY CLERK 10/27/2022 10:29 AM INDEX NO. 656604/2022
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 10/27/2022
A deposition of your insured's Louise Guzman indicates that your insured 485 Seventh Ave.
Associates was in contract with Construction Realty Safety Group ("CRSG"). CRSG was hired
to inspect the sitefor safety issues. CRSG had recommended to your insured to re-shore areas of
the ceiling on this project. Had this area been re-shored, maybe Mr. Mena's accident never
occurs? Nevertheless, your insured's are negligent for failing to inspect and remediate this
ceiling area.
Premier Claims LLC is the claims administrators for Lloyds who insures the direct defendants
485 Seventh Ave Associates LLC and Magnetic Builders Group under their above captioned
policy. After reviewing the above captioned Hudson excess policy and the Lloyd's primary
policy, Hudson takes the position that all primary policies (including your insured's) must
exhaust before the Hudson excess policy triggers. Hudson expects your Lloyd's general liability
policy to come first and to be an active participant in any settlement discussions or the rendering
of any verdict before our Hudson policy is obligated to contribute.
Upon receipt of this correspondence, if you should have any questions, please feel free to contact
the undersigned.
Very tra
Fte Pillaro
Senior Claim Specialist
(212) 978-2796
E-mail: fpinaro@hudsoninsgroup.com
Cc;
Darrell Whiteley, Esq "darrell.whiteley@lewisbrisbois.com
Jennine Gerrard, Esq. "Jennine.Gerrard@1ewisbrisbois.com
"Glenn.Lirkness@cfins.com"
Glenn Kirkness
"lgreen@oalaw.com"
Larry Green, Esq
Joshua Guzman, Esq. Jguzman@magneticbuilders.com
Document Filed Date
October 27, 2022
Case Filing Date
June 03, 2022
Category
Commercial - Insurance
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Preview
FILED: NEW YORK COUNTY CLERK 10/27/2022 10:29 AM INDEX NO. 656604/2022 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 10/27/2022 Exhibit F FILED: NEW YORK COUNTY CLERK 10/27/2022 10:29 AM INDEX NO. 656604/2022 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 10/27/2022 Hudson Insura nce Company 100 William 5th Floor Street, Hudson SpecialtyInsuranceCompany Hudson Excess Insurance Company New York, NY 10038 HUDSON INSURANCE GROU Po T 212 978-2796 F 646 216.3786 www.hudsoninsgroup.com An OdysseyRe Fairfax Company Via e-mail jwright@premierclaimsllc.com February 7, 2022 Premier Claims LLC 2020 B North Tustin Ave Santa Ana, Calif., 92705 Attn: Mr. Joseph Wright, Esq. Re: Edwin Mena vs 485 Seventh Ave Associates LLC and Magnetic Builders vs Group Construction Realty Safety Group Our Insured: A& G.V. Stucco Our Policy: HXMX-200348 Eff Dates: 9/18/15-9/18/16 Limits: $5,000,000 per occ./$5,000,000 agg. Our Claim #: NYC-0000560 Your Insured: 485 Seventh Ave Associates LLC and Magnetic Builders Group Your Policy #: LCC-000058 Eff. Dates: 8/31/15-6/30/17 Policy Limits: 2m.agg./2m per occ. Your Claim: 10-008489 1 Loc. of Loss: 485 7 Ave, NY,NY Date of Loss: 6/7/16 Dear Mr. Wright: Hudson is the 5 million dollar excess policy above the $1,000,000 First Mercury Insurance Co primary policy written for A&G.V. Stucco. First Mercury, the primary carrier has accepted tender for your insureds under their primary A&G.V. policy and isdefending and providing " additional insured coverage to same regarding a lawsuit entitled Edwin Mena vs. 485 Seventh Ave Associates LLC and Magnetic Builders Group vs. Construction Realty Safety Group under Index # 20345/2017E venued in Supreme Bronx County, NY. This matter involves the plaintiff, employed by A&G.V. alleging he was on a baker's scaffold using a motorized rotary chipping hammer to remove brick from a wall just below the ceiling. While performing this task, a part of the concrete between the ceiling and the upper wall fell onto his head causing him to fall from the scaffold eventually resulting in his need for lumbar fusion surgery and cervical epidurals. FILED: NEW YORK COUNTY CLERK 10/27/2022 10:29 AM INDEX NO. 656604/2022 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 10/27/2022 A deposition of your insured's Louise Guzman indicates that your insured 485 Seventh Ave. Associates was in contract with Construction Realty Safety Group ("CRSG"). CRSG was hired to inspect the sitefor safety issues. CRSG had recommended to your insured to re-shore areas of the ceiling on this project. Had this area been re-shored, maybe Mr. Mena's accident never occurs? Nevertheless, your insured's are negligent for failing to inspect and remediate this ceiling area. Premier Claims LLC is the claims administrators for Lloyds who insures the direct defendants 485 Seventh Ave Associates LLC and Magnetic Builders Group under their above captioned policy. After reviewing the above captioned Hudson excess policy and the Lloyd's primary policy, Hudson takes the position that all primary policies (including your insured's) must exhaust before the Hudson excess policy triggers. Hudson expects your Lloyd's general liability policy to come first and to be an active participant in any settlement discussions or the rendering of any verdict before our Hudson policy is obligated to contribute. Upon receipt of this correspondence, if you should have any questions, please feel free to contact the undersigned. Very tra Fte Pillaro Senior Claim Specialist (212) 978-2796 E-mail: fpinaro@hudsoninsgroup.com Cc; Darrell Whiteley, Esq "darrell.whiteley@lewisbrisbois.com Jennine Gerrard, Esq. "Jennine.Gerrard@1ewisbrisbois.com "Glenn.Lirkness@cfins.com" Glenn Kirkness "lgreen@oalaw.com" Larry Green, Esq Joshua Guzman, Esq. Jguzman@magneticbuilders.com