On February 04, 2021 a
Complaint,Petition
was filed
involving a dispute between
Matthew Mullett,
and
Camellia Bellis,
Jane Doe,
Phoenix Insurance Company,
Travco Insurance Company,
for Commercial - Insurance
in the District Court of Niagara County.
Preview
FILED: NIAGARA COUNTY CLERK 02/04/2021 05:07 AM INDEX NO. E174138/2021
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/04/2021
SUPREME COURT OF THE STATE OF NE\N/YORK
COUNTYOF NIAGARA
MATTHEWMULLETT,
Plaintiff, Complaint
-againstr
PHOENIX INSURANCE COMPAhIY and -
THAVCO INSURANCE COMPAhIY,
Defendants,
-and-
JANE DOE l, JANE DOE 2 and CAMELLIA BELLIS,
Nominal Defendants.
Plaintiff, by his attorneys Murphy Higgins & Schiavetta PLLC, alleges as
follows upon information and belief:
Parties, Jurisdiction and Venue
I Plaintiff is a resident of the State of Virginia.
2 Defendant PHOENIX INSURANCE COMPANY ("Phoenix") is a
Connecticut corporation licensed to practice the business of insurance in the State
of f{ew York.
3. Defendant TRAVCO INSUBANCE COMPANY ("IravCo") is a
Connecticut corporation licensed to practice the business of insurance in the State
of F{ew York.
1 of 4
FILED: NIAGARA COUNTY CLERK 02/04/2021 05:07 AM INDEX NO. E174138/2021
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/04/2021
4. Upon information and belief, nominal defendant CAMELLIA
BELLIS is a resident of Scottsdale, Arizolra,
5. This Court has jurisdiction pursuant to CPLR $302(l) because the
allegations herein refer to policies of insurance delivered by Phoenix and TravCo in
the State of New Yorb to be speciftc to 72O3 Woodhaven Drive, Lockport, Niagara
County
6. Venue is proper for the above reason and also because coverage is
sought herein for acts or omissions allegedly occurring in Niagara County.
First Cause of Action: DeclaratoryJudgr4ent
7, In 1998 plaintiffs parents, Timothy E. Mullett and Marcia R.
Mullett, were insureds under a homeowner's insurance policy issued by Phoenix
and TravCo as to their residence at72O3 Woodhaven Drive, Lockport, N.Y.
8. Plaintiff is the child of Timothy E. Mullett and Marcia R. Mullett and
in t 998 was resident at the above address.
9. Plaintiffwas an insured under the homeowney's policy.
10. By Summons and Verifted Complaint ftled on September 10, 2020 in
Supreme Court, Niagara County, under the caption
Carqellia-Bellis v. Onstage Dance. Inc. and Matthew Mullett, Index No.
EL73O39/2OOO (the "Underlying Action"), allegations were brought against
plaintiff as to negligence, recklessness and willful and/or wanton conduct, as to
2 of 4
FILED: NIAGARA COUNTY CLERK 02/04/2021 05:07 AM INDEX NO. E174138/2021
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/04/2021
certain acts or omissions occurring in 1998,
I l. Coverage is owed to plaintiff for the above allegations under the
homeowner's policies issued to Timothy E. Mullett and Marcia R. Mullett.
12. . Plaintiff is therefore entitled to a declaration of coverage accordingly.
Sqgond.Cause pf Action: Breach of Contract
13. Defendants Phoenix and TravCo have refused to defend and/or
indemni$, plaintiff as to the allegations in the Underlying Suit, despite demand for
coverage being timely made.
14. Plaintiff is entitled to a ftnding of breach of contract by defendants
Phoenix and TravCo and to all damages sustained as a result of the breach.
WHEREFORE, plaintiff respectfu lly demands:
1. A declaration that defendants PHOENIX INSUBANCE COMPANY
and TRAVCO INSURANCE COMPANY are required to defend plaintiff in the
Underlying Action and pay all amounts expended in defense, settlement and
judgment;
2. Damages against defendants PHOENIX INSURANCE COMPANY
and TBAVCO INSUBANCE COMPANY forbreach of the contract of insurance
issued to Timothy E. Mullett and Marcia R. Mullett in the full amount the law
allows, including defense costs already incurred, plus interest; and
3 of 4
FILED: NIAGARA COUNTY CLERK 02/04/2021 05:07 AM INDEX NO. E174138/2021
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/04/2021
3. Such other relief as the Court deems just and proper.
Dated New Rochelle, New York
February 4? 2AZl
Dan Schiaveth,Jr.
MURPHY HIGGINS & SCHIAVETTA PLLC
Attorneys for Plaintiff
19 Halcyon Temace
New Rochelle, I\fY 10801
(9 14) 329-7035
TO: PHOENIX INS URANCE COMPAIYY
Defendant
One Tower Square
Hartford, CT 06 183
cla Commissioner of Financial Services
Office of General Counsel
One State Street
NewYork, NY 10004
TRAVCO INSURANC E COMPAIVY
Defendant
One Tower Square
Hartford, CT 06 I83
c/o Commissioner of Financial Services
Office of General Counsel
One State Street
New York, h[Y 10004
JAI\E DOE 1, JANE DOE 2, CAMELLIA BELLIS
Nominal Defendants
8626 East Berridg* Lane
Scottsdale, AZ 85250
4 of 4
Document Filed Date
February 04, 2021
Case Filing Date
February 04, 2021
Category
Commercial - Insurance
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: NIAGARA COUNTY CLERK 02/04/2021 05:07 AM INDEX NO. E174138/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/04/2021 SUPREME COURT OF THE STATE OF NE\N/YORK COUNTYOF NIAGARA MATTHEWMULLETT, Plaintiff, Complaint -againstr PHOENIX INSURANCE COMPAhIY and - THAVCO INSURANCE COMPAhIY, Defendants, -and- JANE DOE l, JANE DOE 2 and CAMELLIA BELLIS, Nominal Defendants. Plaintiff, by his attorneys Murphy Higgins & Schiavetta PLLC, alleges as follows upon information and belief: Parties, Jurisdiction and Venue I Plaintiff is a resident of the State of Virginia. 2 Defendant PHOENIX INSURANCE COMPANY ("Phoenix") is a Connecticut corporation licensed to practice the business of insurance in the State of f{ew York. 3. Defendant TRAVCO INSUBANCE COMPANY ("IravCo") is a Connecticut corporation licensed to practice the business of insurance in the State of F{ew York. 1 of 4 FILED: NIAGARA COUNTY CLERK 02/04/2021 05:07 AM INDEX NO. E174138/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/04/2021 4. Upon information and belief, nominal defendant CAMELLIA BELLIS is a resident of Scottsdale, Arizolra, 5. This Court has jurisdiction pursuant to CPLR $302(l) because the allegations herein refer to policies of insurance delivered by Phoenix and TravCo in the State of New Yorb to be speciftc to 72O3 Woodhaven Drive, Lockport, Niagara County 6. Venue is proper for the above reason and also because coverage is sought herein for acts or omissions allegedly occurring in Niagara County. First Cause of Action: DeclaratoryJudgr4ent 7, In 1998 plaintiffs parents, Timothy E. Mullett and Marcia R. Mullett, were insureds under a homeowner's insurance policy issued by Phoenix and TravCo as to their residence at72O3 Woodhaven Drive, Lockport, N.Y. 8. Plaintiff is the child of Timothy E. Mullett and Marcia R. Mullett and in t 998 was resident at the above address. 9. Plaintiffwas an insured under the homeowney's policy. 10. By Summons and Verifted Complaint ftled on September 10, 2020 in Supreme Court, Niagara County, under the caption Carqellia-Bellis v. Onstage Dance. Inc. and Matthew Mullett, Index No. EL73O39/2OOO (the "Underlying Action"), allegations were brought against plaintiff as to negligence, recklessness and willful and/or wanton conduct, as to 2 of 4 FILED: NIAGARA COUNTY CLERK 02/04/2021 05:07 AM INDEX NO. E174138/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/04/2021 certain acts or omissions occurring in 1998, I l. Coverage is owed to plaintiff for the above allegations under the homeowner's policies issued to Timothy E. Mullett and Marcia R. Mullett. 12. . Plaintiff is therefore entitled to a declaration of coverage accordingly. Sqgond.Cause pf Action: Breach of Contract 13. Defendants Phoenix and TravCo have refused to defend and/or indemni$, plaintiff as to the allegations in the Underlying Suit, despite demand for coverage being timely made. 14. Plaintiff is entitled to a ftnding of breach of contract by defendants Phoenix and TravCo and to all damages sustained as a result of the breach. WHEREFORE, plaintiff respectfu lly demands: 1. A declaration that defendants PHOENIX INSUBANCE COMPANY and TRAVCO INSURANCE COMPANY are required to defend plaintiff in the Underlying Action and pay all amounts expended in defense, settlement and judgment; 2. Damages against defendants PHOENIX INSURANCE COMPANY and TBAVCO INSUBANCE COMPANY forbreach of the contract of insurance issued to Timothy E. Mullett and Marcia R. Mullett in the full amount the law allows, including defense costs already incurred, plus interest; and 3 of 4 FILED: NIAGARA COUNTY CLERK 02/04/2021 05:07 AM INDEX NO. E174138/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/04/2021 3. Such other relief as the Court deems just and proper. Dated New Rochelle, New York February 4? 2AZl Dan Schiaveth,Jr. MURPHY HIGGINS & SCHIAVETTA PLLC Attorneys for Plaintiff 19 Halcyon Temace New Rochelle, I\fY 10801 (9 14) 329-7035 TO: PHOENIX INS URANCE COMPAIYY Defendant One Tower Square Hartford, CT 06 183 cla Commissioner of Financial Services Office of General Counsel One State Street NewYork, NY 10004 TRAVCO INSURANC E COMPAIVY Defendant One Tower Square Hartford, CT 06 I83 c/o Commissioner of Financial Services Office of General Counsel One State Street New York, h[Y 10004 JAI\E DOE 1, JANE DOE 2, CAMELLIA BELLIS Nominal Defendants 8626 East Berridg* Lane Scottsdale, AZ 85250 4 of 4