Preview
COMMONWEALTH OF MASSACHUSETTS
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SUFFOLK ss. SUPERIOR COURT
CIVIL ACTION NO.
!i 21-2390 C_
ATHENS STREET CONDOMINIUM
TRUST a/k/a ATHENS STREET
CONDOMINIUM,
Plaintiff,
COMPLAINT AND JURY’ CLAIM
Vv.
t
NORTH AMERICAN ELITE !
~=
INSURANCE COMPANY,
Defendant.
oS
I PARTIES a
O°
1 Plaintiff, Athena Street Condominium Trust a/k, tifens Street
rac
on 5
Condominium (the “ plaintif: "y, is a condominium trust established and existing
pursuant to Massachusetts General Laws Chapter 183A, a Declaration of Trust recorded
with the Suffolk County Registry of Deeds (the “Registry”) on August 24, 2000 in Book
25272, Page 206 and a Master Deed recorded with the Registry on August 24, 2000 in
Book 25272, Page 193. The plaintif brings this action pursuant to its powers in said
Declaration of Trust and in G.L. c. 183A, § 10(b)(4).
2. Defendant, North American Elite Insurance Company (“North!
American”), is a property and casualty insurance company authorized to conduct
business in the Commonwealth of Massachusetts with a usual place of business located
EGNANTE STERIO LLP
ATTORNEYS AT LAW
DGEWATER OFFICE PARK at 1200 Main Street, Suite 800, County of Jackson, Kansas City, State of Missouri.
401 EDGEWATER PLACE |
SUITE 630
‘AKEFIELD, MA 01880-6210
TEL (781) 246-2525
!
{00445139.2 }
IL. FACTS
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A The Policy
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3. At all times mati erial hereto, the plaintiff has owned and maintained the
common areas and facilities of the three-unit residential condominium building located
at 194 Athens Street, City of Boston, County of Suffolk, Commonwealth of
Massachusetts (the “Property”)
4. Pursuant to G.L.:c. 175C, § 1, et. seq., North American issued a commercial
property and liability policy of insurance to the plaintiff, Policy No. BMP0011082-01
(the “Policy”), on or about January 31, 2020. A true and accurate copy of the Policy is
attached as Exhibit 1 and incorporated herein.
5. The Policy insured the Property and covered the period from January 31
2020 through January 31, 2023
6 In pertinent part, the “Condominium Association Coverage Form”, Form
No. CP 00 17 06 07, contained in the Policy provides as follows:
A COVERAGE
We will pay for! binect physical loss of or damage to Covered Property at
the premises described iin the Declarations caused by or resulting from
any Covered Cause of Loss.
(emphasis and capitalization in original)
7. In pertinent part, the “Causes of Loss Special Form”, Form No./SP 12 525
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0816, contained in the Policy provides as follows:
:EGNANTE STERIO LLP
ATTORNEYS AT LAW
(DGEWATER OFFICE PARK
401 EDGEWATER PLACE
SUITE 630
JAKEFIELD, MA 01880-6210
TEL (781) 246-2525 {00445139.1}
D. Additional Coverage - Collapse
The coverage provided/|under this Additional Coverage ~ Collapse applies only
to.an abrupt collapse as described and limited in D.1 through D.7.
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For the purpose of this Additional Coverage - Collapse, abrupt
collapse means an abrupt falling down or caving in of a building or
any part of a building with the result that the building or part of the
building cannot be occupied for its intended purpose.
:
We will pay for direct physical loss or damage to Covered Property,
caused by abrupt collapse of a building or any part of a building that is
insured under this Coverage Form or that contains Covered Property
insured under this Coverage Form, if such collapse is caused by one or
more of the following:
a. Building decay that is hidden from view, unless the presence of
such damage isi known to an insured Prior to collapse;
(emphasis in original)
8 In pertinent part, the “Causes of Loss Special Form”, Form No./SP 12525
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0816, contained in the Policy provides as follows:
1'
B. Exclusions |'
2.
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We will not pay for loss or damage caused by or resulting from any
of the following:
d (1) Wear and tear;
i
(2), Rust or other corrosion, decay, deterioration, nidden or
latent defect or any quality in property that causes it to
damage or destroy itself
2EGNANTE STERIO LLP
ATTORNEYS AT LAW
EDGEWATER OFFICE PARK
401 EDGEWATER PLACE
SUITE 630
VAKEFIELD, MA 01880-6210
TEL (781) 246-2525 {00445139,1} 1
ul
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We will not pay for loss or damage caused by or resulting from. ..
Cc. Falulty, inadequate or defective:
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(4), Maintenance; of part or all of any property|on or off
the described premises.
(emphasis in original).
9 The Policy affords coverage for collapse in certain enumerated
circumstances, one of which is where the collapse was caused by “[b]uilding|decay that
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is hidden from view ...”
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10. The Policy does hot define the word “decay.”
11. The Policy does not restrict the coverage period for collapse.
B The Collapse Loss
12. On February 2, 2021, on which date the Policy was in full force and effect,
t
the building situated on the Property sustained significant damage when a substantial
portion of the brick veneer on its front elevation suddenly and abruptly fell down to the
ground and was no longer in’ place (the “Collapse Loss”). A photograph of the Collapse
‘
Loss is attached as Exhibit 2 and incorporated by reference.
13. Asaresult of the Collapse Loss, the building situated on the Property was
rendered uninhabitable and incapable of being occupied for its intended purpose.
14. Asa
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result of the Collapse Loss, destruction of the brick veneer on the
front elevation of the building situated on the Property ran its full course.
2EGNANTE STERIO LLP
ATTORNEYS AT LAW 15. Asa result of the Collapse Loss, the altered appearance of the building
EDGEWATER OFFICE PARK I
401 EDGEWATER PLACE
SUITE 630 situated on the Property was pally perceptible.
VAKEFIELD, MA 01880-6210
TEL (781) 246-2525 {00445139.1 } 4
16. As a resultof the Collapse Loss, the building situated on the Property
sustained direct physical iss o damage.
17. The causes of the Collapse Loss include, but are not limited to, (i) building
decay that was hidden from view, the presence of which was unknown to the plaintiff
prior to the Collapse Loss, and (ii) a facade construction failure at 192 Athens Street,
Boston, Massachusetts (“192 Athens”), which propagated to the Property.
Cc. Denial of the Insurance Claim
t
18. The plaintiff timely notified North American of the Collapse Loss and
submitted a claim under the Policy for damages to the building situated on the
Property. t
19. On February 26, 2021, North American denied liability to the plaintiff
under the Policy for the Collapse Loss on the grounds that (i) “[d]amage that results
from wear, tear and deterioration as well as faulty /inadequate maintenance and
i
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construction are specifically excluded under the [P]olicy terms and conditions”, and (ii)
1
while the policy does provide certain limitations with regards to collapse, being that'the
building exhibited signs of olitward bowing since prior to July 2011, a collapse as
i
defined by the [Plolicy did nok occur.” A copy of the February 26, 2021 denial letter is
attached as Exhibit 4 and incorporated by reference.
20. On May 11, 2021, the plaintiff, through its undersigned counsel, sent.a
letter to North American, through its counsel, detailing its position that the Collapse
EGNANTE STERIO LLP
ATTORNEYS AT LAW
DGEWATER OFFICE PARK
401 EDGEWATER PLACE. 1 The Property and 192 ‘Athens adjoin one another and share; among other things,
‘SUITE 630
IAKEFIELD, MA 01880-6210 acommon roof and front elevation. See, Exhibit 3.
TEL (781) 246-2525 {00445139.1 } 5
Loss was a covered occurrence under the Policy. A copy of the May 11, 2021 coverage
demand letter is attached as Exhibit 5 and incorporated by reference.
21. On October 12, 4021, North American, through its counsel, repeated its
coverage denial. A copy of the October 12, 2021 coverage denial letter is attached as
Exhibit 6 and incorporated by reference
22. Asusedin Section D(2)(a) of the “Causes of Loss Special Form’, Form No.
SP 12 525 0816, contained in the Policy, the word “decay” is ambiguous as it could
plausibly be read to mean either progressive decline or rot.
23, Physical impairment to the material quality of a component or
components of the collapsed brick veneer on the front elevation of the building at the
1
Property is covered under the Policy because it falls within a broader definition of the
word “decay” which includes gradual degradation or decline in strength or soundness.
24. Prior to the Collapse Loss, the decay was latent, hidden from and not
apparent to the plaintiff.
25. Despite demand, North American has wrongfully, unlawfully and
'
improperly failed, refused and neglected to afford coverage to the plaintiff under the
Policy for its claim for damages due under the Policy as a result of, and in connection
with, the Collapse Loss.
D. Waiver of Reference
26. Asaresult of the Collapse Loss and the damage which it caused to the
2EGNANTE STERIO LLP |
ATTORNEYS AT LAW building situated at the Property, for the sole purposes of settlement and obviating the
:DGEWATER OFFICE PARK
401 EDGEWATER PLACE
SUITE 630 need to proceed to a reference proceeding with North American pursuant to GL. ¢. 175,
JAKEFIELD, MA 01680-6210
TEL (781) 246-2525 {00445139,1 } 6
§ 100, et. seq., the plaintiff and North American agreed that the plaintiff sustained .
building damages in the actual cash value sum of $242,080.01, less a deductible in the
sum of $2,500.00, for a net actial cash value claim in the sum of $239,580.01.
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' COUNT I
(Declaratory Judgment)
27. The plaintiff incorporates by reference paragraphs 1 through 26 of the
Complaint as if fully set forth’herein.
28. Anactual controversy within the jurisdiction of this Court ~—e with
respect to the matters stated heretofore between the plaintiff and North American.
29. Atall times material hereto, the plaintiff has been, and continues to be,
entitled to recover under the Policy for the damages to the building situated|on the
Property as a result of the Collapse Loss.
30. The plaintiff seeks declarations by this Court that (a) coverage is available
under the Policy, under which North American improperly and unlawfully denied
coverage, and (b) North American owes the plaintiff the sum of $239,580.01 (net actual
cash value) for the damages to the building situated on the Property as a result of the
Collapse Loss. '
WHEREFORE, the plaintiff, Athens Street Condominium Trust a/k/a Athens
Street Condominium, requests that this Court declare, pursuant to G.L. c. 231A, that (a)
coverage is available under the Policy, under which North American improperly and
t
EGNANTE STERIO LLP unlawfully denied coverage, and (b) North American owes the plaintiff the sum of
ATTORNEYS AT LAW
IDGEWATER OFFICE PARK
401 EDGEWATER PLACE
SUITE 630
VAKEFIELD, MA 01880-6210
TEL (781) 246-2525 {00445139.1 }
$239,580.01 for the damages d » the building situated on the Property as a result of the
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Collapse Loss.
t
COUNT IT
(Breach of Contract)
31. The plaintiff incorporates by reference paragraphs 1 through 30 of the
Complaint as if fully set forth hherein.
32. North American has materially breached the Policy by failing, refusing
:
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and neglecting to (a) afford coverage to the plaintiff under the Policy for the damages to
the building situated on the Ploperty as a result of the Collapse Loss, and (b) indemnify
the plaintiff the actual cash vate sum of $239,580.01 for the damages to the building
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situated on the Property as a} result of the Collapse Loss.
33. Asa result of Ni
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e th American’s breach of the Policy, the plaintiff has
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suffered damages. |
WHEREFORE, the plaintiff, Athens Street Condominium Trust a/k/a Athens
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Street Condominium, demands judgment against the defendant, North American Elite
Insurance Company, in the full amount of its damages, plus interest, costs and
attorney’s fees.
COUNT III
(Breach of Implied Covenant of Good Faith and Fair Dealing)
34. The plaintiff incorporates by reference paragraphs 1 through 33 of the
Complaint as if fully set forth herein.
tEGNANTE STERIO LLP
ATTORNEYS AT LAW
IDGEWATER OFFICE PARK
401 EDGEWATER PLACE
SUITE 630
YAKEFIELD, MA 01860-6210
TEL (781) 246-2525 {00445139.1 } 8
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35. North American’, s conduct, as heretofore described and incorporated
herein, has the effect of destroying or injuring the plaintiff's contractual rights under the
Policy and its rights to receiv ! the benefits therefrom.
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36. North Americans conduct, as heretofore described and incorporated
herein, constitutes a breach of the implied covenant of good faith and fair dealing
between the plaintiff and North American.
37. As a result of North American's breach of the implied covenant of good
faith and fair dealing, the plaintiff has suffered damages.
WHEREFORE, the plaintiff, Athens Street Condominium Trust a/k/a Athens
Street Condominium, demands judgment against the defendant, North American Elite
Insurance Company, in the fil amount of its damages, plus interest, costs and
1
1
attorney’ s fees.
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JURY CLAIM
The plaintiff, Athens Street Condominium Trust a/k/a Athens Street,
Condominium, claims trial by jury on all counts so triable.
EGNANTE STERIO LLP
ATTORNEYS AT LAW
DGEWATER OFFICE PARK
401 EDGEWATER PLACE
SUITE 630
'AKEFIELD, MA 01880-6210
TEL (781) 246-2525 {00445139.1 }
ATHENS STREET CONDOMINIUM TRUST a/k/a
ATHENS STREET CONDOMINIUM,
By) its attorneys,
Sb
SETHH. HOCHBAUM - BBO NO. 568118
TYLERO, CASEY - BBO NO. 681935
REGNANTE STERIO LLP
Edgewater Office Park
401 Edgewater Place, Suite 630
Wakefield, MA 01880-6210
(781) 246-2525
hhochbaum@regnante.com
Dated: October _18_, 2021
CERTIFICATE OF SERVICE
Thereby certify that I served a true and accurate copy of the foregoing document,
via email, upon Matthew Mahoney, Esq., Monahan & Associates, P.C., 343 Commercial
Street, Boston, MA 02109 on this 18th day of October, 2021
Hut
SETH H. HOCHBAUM - BBO NO. 568118
REGNANTE STERIO LLP
Edgewater Office Park
401 Edgewater Place, Suite 630
Wakefield, MA 01880-6210
(781) 246-2525
hochbaum@regnante.com
EGNANTE STERIO LLP
ATTORNEYS AT LAW
DGEWATER OFFICE PARK
401 EDGEWATER PLACE
SUITE 630
IAKEFIELD, MA 01880-6210
TEL (781) 246-2525 {00445139.1} 10
Preview
COMMONWEALTH OF MASSACHUSETTS | SUFFOLK ss. SUPERIOR COURT CIVIL ACTION NO. !i 21-2390 C_ ATHENS STREET CONDOMINIUM TRUST a/k/a ATHENS STREET CONDOMINIUM, Plaintiff, COMPLAINT AND JURY’ CLAIM Vv. t NORTH AMERICAN ELITE ! ~= INSURANCE COMPANY, Defendant. oS I PARTIES a O° 1 Plaintiff, Athena Street Condominium Trust a/k, tifens Street rac on 5 Condominium (the “ plaintif: "y, is a condominium trust established and existing pursuant to Massachusetts General Laws Chapter 183A, a Declaration of Trust recorded with the Suffolk County Registry of Deeds (the “Registry”) on August 24, 2000 in Book 25272, Page 206 and a Master Deed recorded with the Registry on August 24, 2000 in Book 25272, Page 193. The plaintif brings this action pursuant to its powers in said Declaration of Trust and in G.L. c. 183A, § 10(b)(4). 2. Defendant, North American Elite Insurance Company (“North! American”), is a property and casualty insurance company authorized to conduct business in the Commonwealth of Massachusetts with a usual place of business located EGNANTE STERIO LLP ATTORNEYS AT LAW DGEWATER OFFICE PARK at 1200 Main Street, Suite 800, County of Jackson, Kansas City, State of Missouri. 401 EDGEWATER PLACE | SUITE 630 ‘AKEFIELD, MA 01880-6210 TEL (781) 246-2525 ! {00445139.2 } IL. FACTS ‘i A The Policy | 1 3. At all times mati erial hereto, the plaintiff has owned and maintained the common areas and facilities of the three-unit residential condominium building located at 194 Athens Street, City of Boston, County of Suffolk, Commonwealth of Massachusetts (the “Property”) 4. Pursuant to G.L.:c. 175C, § 1, et. seq., North American issued a commercial property and liability policy of insurance to the plaintiff, Policy No. BMP0011082-01 (the “Policy”), on or about January 31, 2020. A true and accurate copy of the Policy is attached as Exhibit 1 and incorporated herein. 5. The Policy insured the Property and covered the period from January 31 2020 through January 31, 2023 6 In pertinent part, the “Condominium Association Coverage Form”, Form No. CP 00 17 06 07, contained in the Policy provides as follows: A COVERAGE We will pay for! binect physical loss of or damage to Covered Property at the premises described iin the Declarations caused by or resulting from any Covered Cause of Loss. (emphasis and capitalization in original) 7. In pertinent part, the “Causes of Loss Special Form”, Form No./SP 12 525 | 0816, contained in the Policy provides as follows: :EGNANTE STERIO LLP ATTORNEYS AT LAW (DGEWATER OFFICE PARK 401 EDGEWATER PLACE SUITE 630 JAKEFIELD, MA 01880-6210 TEL (781) 246-2525 {00445139.1} D. Additional Coverage - Collapse The coverage provided/|under this Additional Coverage ~ Collapse applies only to.an abrupt collapse as described and limited in D.1 through D.7. 1 | For the purpose of this Additional Coverage - Collapse, abrupt collapse means an abrupt falling down or caving in of a building or any part of a building with the result that the building or part of the building cannot be occupied for its intended purpose. : We will pay for direct physical loss or damage to Covered Property, caused by abrupt collapse of a building or any part of a building that is insured under this Coverage Form or that contains Covered Property insured under this Coverage Form, if such collapse is caused by one or more of the following: a. Building decay that is hidden from view, unless the presence of such damage isi known to an insured Prior to collapse; (emphasis in original) 8 In pertinent part, the “Causes of Loss Special Form”, Form No./SP 12525 | 0816, contained in the Policy provides as follows: 1' B. Exclusions |' 2. i We will not pay for loss or damage caused by or resulting from any of the following: d (1) Wear and tear; i (2), Rust or other corrosion, decay, deterioration, nidden or latent defect or any quality in property that causes it to damage or destroy itself 2EGNANTE STERIO LLP ATTORNEYS AT LAW EDGEWATER OFFICE PARK 401 EDGEWATER PLACE SUITE 630 VAKEFIELD, MA 01880-6210 TEL (781) 246-2525 {00445139,1} 1 ul i ‘| We will not pay for loss or damage caused by or resulting from. .. Cc. Falulty, inadequate or defective: 1 | (4), Maintenance; of part or all of any property|on or off the described premises. (emphasis in original). 9 The Policy affords coverage for collapse in certain enumerated circumstances, one of which is where the collapse was caused by “[b]uilding|decay that ' is hidden from view ...” ‘ 10. The Policy does hot define the word “decay.” 11. The Policy does not restrict the coverage period for collapse. B The Collapse Loss 12. On February 2, 2021, on which date the Policy was in full force and effect, t the building situated on the Property sustained significant damage when a substantial portion of the brick veneer on its front elevation suddenly and abruptly fell down to the ground and was no longer in’ place (the “Collapse Loss”). A photograph of the Collapse ‘ Loss is attached as Exhibit 2 and incorporated by reference. 13. Asaresult of the Collapse Loss, the building situated on the Property was rendered uninhabitable and incapable of being occupied for its intended purpose. 14. Asa | result of the Collapse Loss, destruction of the brick veneer on the front elevation of the building situated on the Property ran its full course. 2EGNANTE STERIO LLP ATTORNEYS AT LAW 15. Asa result of the Collapse Loss, the altered appearance of the building EDGEWATER OFFICE PARK I 401 EDGEWATER PLACE SUITE 630 situated on the Property was pally perceptible. VAKEFIELD, MA 01880-6210 TEL (781) 246-2525 {00445139.1 } 4 16. As a resultof the Collapse Loss, the building situated on the Property sustained direct physical iss o damage. 17. The causes of the Collapse Loss include, but are not limited to, (i) building decay that was hidden from view, the presence of which was unknown to the plaintiff prior to the Collapse Loss, and (ii) a facade construction failure at 192 Athens Street, Boston, Massachusetts (“192 Athens”), which propagated to the Property. Cc. Denial of the Insurance Claim t 18. The plaintiff timely notified North American of the Collapse Loss and submitted a claim under the Policy for damages to the building situated on the Property. t 19. On February 26, 2021, North American denied liability to the plaintiff under the Policy for the Collapse Loss on the grounds that (i) “[d]amage that results from wear, tear and deterioration as well as faulty /inadequate maintenance and i | construction are specifically excluded under the [P]olicy terms and conditions”, and (ii) 1 while the policy does provide certain limitations with regards to collapse, being that'the building exhibited signs of olitward bowing since prior to July 2011, a collapse as i defined by the [Plolicy did nok occur.” A copy of the February 26, 2021 denial letter is attached as Exhibit 4 and incorporated by reference. 20. On May 11, 2021, the plaintiff, through its undersigned counsel, sent.a letter to North American, through its counsel, detailing its position that the Collapse EGNANTE STERIO LLP ATTORNEYS AT LAW DGEWATER OFFICE PARK 401 EDGEWATER PLACE. 1 The Property and 192 ‘Athens adjoin one another and share; among other things, ‘SUITE 630 IAKEFIELD, MA 01880-6210 acommon roof and front elevation. See, Exhibit 3. TEL (781) 246-2525 {00445139.1 } 5 Loss was a covered occurrence under the Policy. A copy of the May 11, 2021 coverage demand letter is attached as Exhibit 5 and incorporated by reference. 21. On October 12, 4021, North American, through its counsel, repeated its coverage denial. A copy of the October 12, 2021 coverage denial letter is attached as Exhibit 6 and incorporated by reference 22. Asusedin Section D(2)(a) of the “Causes of Loss Special Form’, Form No. SP 12 525 0816, contained in the Policy, the word “decay” is ambiguous as it could plausibly be read to mean either progressive decline or rot. 23, Physical impairment to the material quality of a component or components of the collapsed brick veneer on the front elevation of the building at the 1 Property is covered under the Policy because it falls within a broader definition of the word “decay” which includes gradual degradation or decline in strength or soundness. 24. Prior to the Collapse Loss, the decay was latent, hidden from and not apparent to the plaintiff. 25. Despite demand, North American has wrongfully, unlawfully and ' improperly failed, refused and neglected to afford coverage to the plaintiff under the Policy for its claim for damages due under the Policy as a result of, and in connection with, the Collapse Loss. D. Waiver of Reference 26. Asaresult of the Collapse Loss and the damage which it caused to the 2EGNANTE STERIO LLP | ATTORNEYS AT LAW building situated at the Property, for the sole purposes of settlement and obviating the :DGEWATER OFFICE PARK 401 EDGEWATER PLACE SUITE 630 need to proceed to a reference proceeding with North American pursuant to GL. ¢. 175, JAKEFIELD, MA 01680-6210 TEL (781) 246-2525 {00445139,1 } 6 § 100, et. seq., the plaintiff and North American agreed that the plaintiff sustained . building damages in the actual cash value sum of $242,080.01, less a deductible in the sum of $2,500.00, for a net actial cash value claim in the sum of $239,580.01. ! i ' COUNT I (Declaratory Judgment) 27. The plaintiff incorporates by reference paragraphs 1 through 26 of the Complaint as if fully set forth’herein. 28. Anactual controversy within the jurisdiction of this Court ~—e with respect to the matters stated heretofore between the plaintiff and North American. 29. Atall times material hereto, the plaintiff has been, and continues to be, entitled to recover under the Policy for the damages to the building situated|on the Property as a result of the Collapse Loss. 30. The plaintiff seeks declarations by this Court that (a) coverage is available under the Policy, under which North American improperly and unlawfully denied coverage, and (b) North American owes the plaintiff the sum of $239,580.01 (net actual cash value) for the damages to the building situated on the Property as a result of the Collapse Loss. ' WHEREFORE, the plaintiff, Athens Street Condominium Trust a/k/a Athens Street Condominium, requests that this Court declare, pursuant to G.L. c. 231A, that (a) coverage is available under the Policy, under which North American improperly and t EGNANTE STERIO LLP unlawfully denied coverage, and (b) North American owes the plaintiff the sum of ATTORNEYS AT LAW IDGEWATER OFFICE PARK 401 EDGEWATER PLACE SUITE 630 VAKEFIELD, MA 01880-6210 TEL (781) 246-2525 {00445139.1 } $239,580.01 for the damages d » the building situated on the Property as a result of the |! Collapse Loss. t COUNT IT (Breach of Contract) 31. The plaintiff incorporates by reference paragraphs 1 through 30 of the Complaint as if fully set forth hherein. 32. North American has materially breached the Policy by failing, refusing : | and neglecting to (a) afford coverage to the plaintiff under the Policy for the damages to the building situated on the Ploperty as a result of the Collapse Loss, and (b) indemnify the plaintiff the actual cash vate sum of $239,580.01 for the damages to the building | situated on the Property as a} result of the Collapse Loss. 33. Asa result of Ni | e th American’s breach of the Policy, the plaintiff has 1| suffered damages. | WHEREFORE, the plaintiff, Athens Street Condominium Trust a/k/a Athens | Street Condominium, demands judgment against the defendant, North American Elite Insurance Company, in the full amount of its damages, plus interest, costs and attorney’s fees. COUNT III (Breach of Implied Covenant of Good Faith and Fair Dealing) 34. The plaintiff incorporates by reference paragraphs 1 through 33 of the Complaint as if fully set forth herein. tEGNANTE STERIO LLP ATTORNEYS AT LAW IDGEWATER OFFICE PARK 401 EDGEWATER PLACE SUITE 630 YAKEFIELD, MA 01860-6210 TEL (781) 246-2525 {00445139.1 } 8 1 35. North American’, s conduct, as heretofore described and incorporated herein, has the effect of destroying or injuring the plaintiff's contractual rights under the Policy and its rights to receiv ! the benefits therefrom. il | 36. North Americans conduct, as heretofore described and incorporated herein, constitutes a breach of the implied covenant of good faith and fair dealing between the plaintiff and North American. 37. As a result of North American's breach of the implied covenant of good faith and fair dealing, the plaintiff has suffered damages. WHEREFORE, the plaintiff, Athens Street Condominium Trust a/k/a Athens Street Condominium, demands judgment against the defendant, North American Elite Insurance Company, in the fil amount of its damages, plus interest, costs and 1 1 attorney’ s fees. !' JURY CLAIM The plaintiff, Athens Street Condominium Trust a/k/a Athens Street, Condominium, claims trial by jury on all counts so triable. EGNANTE STERIO LLP ATTORNEYS AT LAW DGEWATER OFFICE PARK 401 EDGEWATER PLACE SUITE 630 'AKEFIELD, MA 01880-6210 TEL (781) 246-2525 {00445139.1 } ATHENS STREET CONDOMINIUM TRUST a/k/a ATHENS STREET CONDOMINIUM, By) its attorneys, Sb SETHH. HOCHBAUM - BBO NO. 568118 TYLERO, CASEY - BBO NO. 681935 REGNANTE STERIO LLP Edgewater Office Park 401 Edgewater Place, Suite 630 Wakefield, MA 01880-6210 (781) 246-2525 hhochbaum@regnante.com Dated: October _18_, 2021 CERTIFICATE OF SERVICE Thereby certify that I served a true and accurate copy of the foregoing document, via email, upon Matthew Mahoney, Esq., Monahan & Associates, P.C., 343 Commercial Street, Boston, MA 02109 on this 18th day of October, 2021 Hut SETH H. HOCHBAUM - BBO NO. 568118 REGNANTE STERIO LLP Edgewater Office Park 401 Edgewater Place, Suite 630 Wakefield, MA 01880-6210 (781) 246-2525 hochbaum@regnante.com EGNANTE STERIO LLP ATTORNEYS AT LAW DGEWATER OFFICE PARK 401 EDGEWATER PLACE SUITE 630 IAKEFIELD, MA 01880-6210 TEL (781) 246-2525 {00445139.1} 10