FILED: NEW YORK COUNTY CLERK 01/26/ :31 PM INDEX NO /2015 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/26/2015

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1 FILED: NEW YORK COUNTY CLERK 01/26/ :31 PM INDEX NO /2015 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/26/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK J.T. MAGEN & COMPANY, INC., v. Plaintiff, ATLANTIC CASUALTY INSURANCE COMPANY; UNITED STATES FIDELITY AND GUARANTY COMPANY; AMERICAN STATES INSURANCE COMPANY; AMERICAN EMPIRE SURPLUS LINES INSURANCE COMPANY; AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY; NATIONWIDE ASSURANCE COMPANY; PEERLESS INSURANCE COMPANY; ZURICH AMERICAN INSURANCE COMPANY; ILLINOIS NATIONAL INSURANCE COMPANY; ILLINOIS UNION INSURANCE COMPANY; WESTCHESTER SURPLUS LINES INSURANCE COMPANY; ARCH SPECIALTY INSURANCE COMPANY; PRINCETON EXCESS AND SURPLUS LINES INSURANCE COMPANY; GREAT AMERICAN INSURANCE COMPANY; WESTCHESTER FIRE INSURANCE COMPANY; ILLINOIS INSURANCE COMPANY; AMERICAN HOME ASSURANCE COMPANY; BURLINGTON INSURANCE COMPANY; GRANITE STATE INSURANCE COMPANY; ADMIRAL INSURANCE COMPANY; FIDELITY & GUARANTY INSURANCE UNDERWRITERS, INC.; VALLEY FORGE INSURANCE COMPANY Plaintiff designates NEW YORK COUNTY as the place of trial. SUMMONS Date Purchased: Index No.: JURY DEMANDED The basis for venue is: PROJECT LOCATION Project Location is located at: New York, NY Defendants

2 SUMMONS YOU ARE HEREBY SUMMONED to answer the Complaint of Plaintiff which is served therewith, and to serve an Answer on the undersigned attorneys for the Plaintiff, Saxe Doernberger & Vita, P.C., within twenty (20) days after service of the Summons and Complaint or within thirty (30) days of the Summons and Complaint if not served upon you personally or is served outside the State of New York. In the event of your failure to answer the Complaint of the Plaintiff, judgment will be taken against you by default for the relief demanded in the Complaint. Dated: Hamden, CT January 26, 2015 SAXE DOERNBERGER & VITA, P.C. _/s/ Jeremiah M. Welch Jeremiah M. Welch NY State Bar No.: Attorney for Plaintiff 1952 Whitney Avenue Hamden, CT (203) (203) TO DEFENDANTS: Atlantic Casualty Insurance Company c/o Registered Agent Marianna S. Tillman 400 Commerce Court Goldsboro, NC c/o State of New York Department of Financial Services Office of General Counsel One State Street New York, NY

3 United States Fidelity and Guaranty Company One Tower Square Hartford, CT c/o State of New York Department of Financial Services Office of General Counsel One State Street New York, NY American States Insurance Company 175 Berkeley Street Boston, MA c/o State of New York Department of Financial Services Office of General Counsel One State Street New York, NY American Empire Surplus Lines Insurance Company c/o Registered Agent The Corporation Trust Company Corporation Trust Center 1209 Orange Street Wilmington, DE c/o State of New York Department of Financial Services Office of General Counsel One State Street New York, NY American Guarantee and Liability Insurance Company The Zurich Towers 1400 American Lane Schaumburg, IL c/o State of New York Department of Financial Services Office of General Counsel One State Street New York, NY Nationwide Assurance Company 5525 Parkcentre Circle Dublin, OH c/o State of New York Department of Financial Services Office of General Counsel One State Street New York, NY

4 Peerless Insurance Company 175 Berkeley Street Boston, MA c/o State of New York Department of Financial Services Office of General Counsel One State Street New York, NY Zurich American Insurance Company 1400 American Lane Tower I, 19th Floor Schaumburg, IL c/o State of New York Department of Financial Services Office of General Counsel One State Street New York, NY Illinois National Insurance Company Mr. Sherman Sitrin, Assoc. Gen. Counsel American International Group, Inc. 70 Pine, St., 23rd Floor New York, NY c/o State of New York Department of Financial Services Office of General Counsel One State Street New York, NY Illinois Union Insurance Company 525 West Monroe Street, Suite 700 Chicago, IL c/o State of New York Department of Financial Services Office of General Counsel One State Street New York, NY Westchester Surplus Lines Insurance Company c/o Registered Agent Mark G. Irwin 500 Colonial Center Parkway, Suite 200 Roswell, GA c/o State of New York Department of Financial Services Office of General Counsel One State Street New York, NY

5 Arch Specialty Insurance Company c/o Registered Agent Lawrence F. Harr Regency Parkway Drive Omaha, NE c/o State of New York Department of Financial Services Office of General Counsel One State Street New York, NY Princeton Excess and Surplus Lines Insurance Company c/o Registered Agent Corporation Service Company 2711 Centerville Road Suite 400 Wilmington, Delaware c/o State of New York Department of Financial Services Office of General Counsel One State Street New York, NY Great American Insurance Company 301 East 4th Street, 24th Floor Cincinnati, OH c/o State of New York Department of Financial Services Office of General Counsel One State Street New York, NY Westchester Fire Insurance Company P.O. Box Walnut Street Philadelphia, PA c/o State of New York Department of Financial Services Office of General Counsel One State Street New York, NY Illinois Insurance Company 526 Second Avenue, SE Cedar Rapids, IA c/o State of New York Department of Financial Services Office of General Counsel One State Street New York, NY

6 American Home Assurance Company 175 Water Street, 18th Floor New York, NY c/o State of New York Department of Financial Services Office of General Counsel One State Street New York, NY Burlington Insurance Company 238 International Road Burlington, NC c/o State of New York Department of Financial Services Office of General Counsel One State Street, 20th Floor New York, NY Granite State Insurance Company 70 Pine Street New York, NY c/o State of New York Department of Financial Services Office of General Counsel One State Street, 20th Floor New York, NY Admiral Insurance Company The Corporation Trust Company Corporation Trust Center 1209 Orange Street Wilmington, DE c/o State of New York Department of Financial Services Office of General Counsel One State Street, 20th Floor New York, NY Fidelity and Guaranty Insurance Underwriters, Inc. 385 Washington Street St Paul, MN c/o State of New York Department of Financial Services Office of General Counsel One State Street, 20th Floor New York, NY

7 Valley Forge Insurance Company State Specific Statutory Reporting CNA Plaza--09 South Chicago, IL c/o State of New York Department of Financial Services Office of General Counsel One State Street, 20th Floor New York, NY

8 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK J.T. MAGEN & COMPANY, INC., v. Plaintiff, ATLANTIC CASUALTY INSURANCE COMPANY; UNITED STATES FIDELITY AND GUARANTY COMPANY; AMERICAN STATES INSURANCE COMPANY; AMERICAN EMPIRE SURPLUS LINES INSURANCE COMPANY; AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY; NATIONWIDE ASSURANCE COMPANY; PEERLESS INSURANCE COMPANY; ZURICH AMERICAN INSURANCE COMPANY; ILLINOIS NATIONAL INSURANCE COMPANY; ILLINOIS UNION INSURANCE COMPANY; WESTCHESTER SURPLUS LINES INSURANCE COMPANY; ARCH SPECIALTY INSURANCE COMPANY; PRINCETON EXCESS AND SURPLUS LINES INSURANCE COMPANY; GREAT AMERICAN INSURANCE COMPANY; WESTCHESTER FIRE INSURANCE COMPANY; ILLINOIS INSURANCE COMPANY; AMERICAN HOME ASSURANCE COMPANY; BURLINGTON INSURANCE COMPANY; GRANITE STATE INSURANCE COMPANY; ADMIRAL INSURANCE COMPANY; FIDELITY & GUARANTY INSURANCE UNDERWRITERS, INC.; VALLEY FORGE INSURANCE COMPANY Date Purchased: Index No.: JURY DEMANDED COMPLAINT January 26, 2015 Defendants

9 COMPLAINT COMES NOW, J.T. MAGEN & COMPANY, INC., by and through its attorneys, Saxe Doernberger & Vita, P.C., as and for its Complaint, allege upon information and belief as follows: THE PARTIES 1. Plaintiff J.T. MAGEN & COMPANY, INC. ( J.T. Magen ) is a domestic corporation duly organized and existing under the laws of New York with its principal place of business located at 44 West 28th Street, 11th Floor, New York, New York. 2. Upon information and belief, defendant Atlantic Casualty Insurance Company is a foreign corporation authorized to do business in New York and transacting business in New York, duly organized and existing under the laws of North Carolina with its principal place of business located in Goldsboro, North Carolina. 3. Upon information and belief, defendant United States Fidelity and Guaranty Company is a foreign corporation authorized to do business in New York and transacting business in New York, duly organized and existing under the laws of Connecticut with its principal place of business located in Hartford, Connecticut. 4. Upon information and belief, defendant American States Insurance Company is a foreign corporation authorized to do business in New York and transacting business in New York, duly organized and existing under the laws of Indiana with its principal place of business located in Boston, Massachusetts. 5. Upon information and belief, defendant American Empire Surplus Lines Insurance Company is a foreign corporation authorized to do business in New York and - 9 -

10 transacting business in New York, duly organized and existing under the laws of Delaware with its principal place of business located in Cincinnati, Ohio. 6. Upon information and belief, defendant American Guarantee and Liability Insurance Company is a domestic corporation authorized to do business in New York and transacting business in New York, duly organized and existing under the laws of New York with its principal place of business located in Schaumburg, Illinois. 7. Upon information and belief, defendant Nationwide Assurance Company is a foreign corporation authorized to do business in New York and transacting business in New York, duly organized and existing under the laws of Wisconsin with its principal place of business located in Columbus, Ohio. 8. Upon information and belief, defendant Peerless Insurance Company is a foreign corporation authorized to do business in New York and transacting business in New York, duly organized and existing under the laws of New Hampshire with its principal place of business located in Boston, Massachusetts. 9. Upon information and belief, defendant Zurich American Insurance Company is a domestic corporation authorized to do business in New York and transacting business in New York, duly organized and existing under the laws of New York with its principal place of business located in Schaumburg, Illinois. 10. Upon information and belief, defendant Illinois National Insurance Company is a foreign corporation authorized to do business in New York and transacting business in New York, duly organized and existing under the laws of Illinois with its principal place of business located in Chicago, Illinois

11 11. Upon information and belief, defendant Illinois Union Insurance Company is a foreign corporation authorized to do business in New York and transacting business in New York, duly organized and existing under the laws of Illinois with its principal place of business located in Chicago, Illinois. 12. Upon information and belief, defendant Westchester Surplus Lines Insurance Company is a foreign corporation authorized to do business in New York and transacting business in New York, duly organized and existing under the laws of Georgia with its principal place of business located in Roswell, Georgia. 13. Upon information and belief, defendant Arch Specialty Insurance Company is a foreign corporation authorized to do business in New York and transacting business in New York, duly organized and existing under the laws of Nebraska with its principal place of business located in Jersey City, New Jersey. 14. Upon information and belief, defendant Princeton Excess and Surplus Lines Insurance Company is a foreign corporation authorized to do business in New York and transacting business in New York, duly organized and existing under the laws of Delaware with its principal place of business located in Princeton, New Jersey. 15. Upon information and belief, defendant Great American Insurance Company is a foreign corporation authorized to do business in New York and transacting business in New York, duly organized and existing under the laws of Ohio with its principal place of business located in Cincinnati, Ohio. 16. Upon information and belief, defendant Westchester Fire Insurance Company is a foreign corporation authorized to do business in New York and transacting

12 business in New York, duly organized and existing under the laws of Pennsylvania with its principal place of business located in Philadelphia, Pennsylvania. 17. Upon information and belief, defendant Illinois Insurance Company is a foreign corporation authorized to do business in New York and transacting business in New York, duly organized and existing under the laws of Iowa with its principal place of business located in Cedar Rapids, Iowa. 18. Upon information and belief, defendant American Home Assurance Company, Incorporated is a domestic corporation authorized to do business in New York and transacting business in New York, duly organized and existing under the laws of New York with its principal place of business located in New York, New York. 19. Upon information and belief, defendant Burlington Insurance Company is a foreign corporation authorized to do business in New York and transacting business in New York, duly organized and existing under the laws of North Carolina with its principal place of business located in Burlington, North Carolina. 20. Upon information and belief, defendant Granite State Insurance Company is a foreign corporation authorized to do business in New York and transacting business in New York, duly organized and existing under the laws of Pennsylvania with its principal place of business located in New York, New York. 21. Upon information and belief, defendant Admiral Insurance Company is a foreign corporation authorized to do business in New York and transacting business in New York, duly organized and existing under the laws of Delaware with its principal place of business located in Mount Laurel, New Jersey

13 22. Upon information and belief, defendant Fidelity and Guaranty Insurance Underwriters, Inc., is a foreign corporation authorized to do business in New York and transacting business in New York, duly organized and existing under the laws of Wisconsin with its principal place of business located in St. Paul, Minnesota. 23. Upon information and belief, defendant Valley Forge Insurance Company is a foreign corporation authorized to do business in New York and transacting business in New York, duly organized and existing under the laws of Pennsylvania with its principal place of business located in Chicago, Illinois. JURISDICTION AND VENUE 24. This court has jurisdiction over this action and venue is proper because the Defendants, at all times relevant to this action, regularly transacted business in and were subject to service in New York, and/or may have an interest in the subject matter of this action which may affect their substantive rights. FACTUAL BACKGROUND The Project 25. Upon information and belief, the 112 Central Park South, LLC ( 112 CPS ) was the Sponsor of a Cooperative Offering Plan for the sale of cooperative apartments at the building located at 110 Central Park South, New York, New York (the Project ). 26. Upon information and belief, 112 CPS was charged with designing, contracting, and supervising the renovation and construction of the Project with the intention of selling shares of the 110 Central Park South Corporation ( 110 CPS ) allocated to the individual units located therein

14 27. Upon information and belief, 112 CPS contracted with J.T. Magen for general contracting services, including the renovation work on the existing twenty-six (26) story building and the addition of three newly constructed stories. 28. J.T. Magen procured a commercial general liability policies from Travelers Property Casualty Company of America, which insured, among other things, property damage caused by an occurrence, as defined within the policy terms. 29. Upon information and belief, J.T. Magen hired Antrim Masonry Corporation for masonry and stonework for the Project. 30. Upon information and belief, in its contract with J.T. Magen, Antrim Masonry Corporation promised to make J.T. Magen an additional insured on its general liability insurance policies. 31. Upon information and belief, Antrim Masonry Corporation furnished a certificate of insurance to J.T. Magen indicating that J.T. Magen was an additional insured on general liability policies issued by Atlantic Casualty Insurance Company, identified by policy numbers L and L Upon information and belief, J.T. Magen hired Ashland Plumbing Corporation for plumbing materials and installation at the Project site. 33. Upon information and belief, in its contract with J.T. Magen, Ashland Plumbing Corporation promised to make J.T. Magen an additional insured on its general liability insurance policies. 34. Upon information and belief, Ashland Plumbing Corporation furnished a certificate of insurance to J.T. Magen indicating that J.T. Magen was an additional insured

15 on a general liability policy issued by Illinois Insurance Company, identified by policy number U040181B/B. 35. Upon information and belief, Ashland Plumbing Corporation furnished a certificate of insurance to J.T. Magen indicating that J.T. Magen was an additional insured on a general liability policy issued by American Home Assurance Company, identified by policy number BE Upon information and belief, Ashland Plumbing Corporation furnished a certificate of insurance to J.T. Magen indicating that J.T. Magen was an additional insured on a general liability policy issued by Illinois Union Insurance Company, identified by policy number GLW Upon information and belief, J.T. Magen hired Cardrona, Inc. for roofing and waterproofing work for the Project. 38. Upon information and belief, in its contract with J.T. Magen, Cardrona, Inc. promised to make J.T. Magen an additional insured on its general liability insurance policies. 39. Upon information and belief, Cardrona, Inc. furnished a certificate of insurance to J.T. Magen indicating that J.T. Magen was an additional insured on general liability policies issued by Burlington Insurance Company, identified by policy numbers HGL73562S4983 and UMB Upon information and belief, J.T. Magen hired Conventional Stone & Marble Corporation for masonry services for the Project

16 41. Upon information and belief, in its contract with J.T. Magen, Conventional Stone & Marble Corporation promised to make J.T. Magen an additional insured on its general liability insurance policies. 42. Upon information and belief, Conventional Stone & Marble Corporation furnished a certificate of insurance to J.T. Magen indicating that J.T. Magen was an additional insured on general liability policies issued by United States Fidelity and Guaranty Company, identified by policy numbers BK and BK Upon information and belief, J.T. Magen hired DCI Metro Inc. for the work performed on the Project. 44. Upon information and belief, in DCI Metro Inc. s contract with J.T. Magen, DCI Metro Inc. promised to make J.T. Magen an additional insured on its general liability insurance policies. 45. Upon information and belief, DCI Metro Inc. furnished a certificate of insurance to J.T. Magen indicating that J.T. Magen was an additional insured on general liability policies issued by American States Insurance Company, identified by policy numbers 01BO and 01SU Upon information and belief, J.T. Magen hired Empire Architectural Metal & Glass Corporation for the work performed on the Project. 47. Upon information and belief, in its contract with J.T. Magen, Empire Architectural Metal & Glass Corporation promised to make J.T. Magen an additional insured on its general liability insurance policies. 48. Upon information and belief, Empire Architectural Metal & Glass Corporation furnished a certificate of insurance to J.T. Magen indicating that J.T. Magen

17 was an additional insured on a general liability policy issued by American Empire Surplus Lines Insurance Company, identified by policy number 5GL Upon information and belief, Empire Architectural Metal & Glass Corporation also furnished a certificate of insurance to J.T. Magen indicating that J.T. Magen was an additional insured on a general liability policy issued by American Guarantee and Liability Insurance Company, identified by policy number AUC J.T. Magen hired Epic Mechanical Contractors, LLC for mechanical contracting services for the Project. 51. Upon information and belief, in its contract with J.T. Magen, Epic Mechanical Contractors, LLC promised to make J.T. Magen an additional insured on its general liability insurance policies. 52. Upon information and belief, Epic Mechanical Contractors, LLC furnished a certificate of insurance to J.T. Magen indicating that J.T. Magen was an additional insured on general liability policies issued by Nationwide Assurance Company, identified by policy numbers 66PR , 66PR , and 66CU Upon information and belief, J.T. Magen hired Industrial Window Corporation for window and door installation for the Project. 54. Upon information and belief, in its contract with J.T. Magen, Industrial Window Corporation promised to make J.T. Magen an additional insured on its general liability insurance policies. 55. Upon information and belief, Industrial Window Corporation furnished a certificate of insurance to J.T. Magen indicating that J.T. Magen was an additional insured

18 on general liability policies issued by Peerless Insurance Company, identified by policy numbers CBP and CU Upon information and belief, J.T. Magen hired Nastasi & Associates Inc. to furnish and install all drywall work for the Project. 57. Upon information and belief, in its contract with J.T. Magen, Nastasi & Associates Inc. promised to make J.T. Magen an additional insured on its general liability insurance policies. 58. Upon information and belief, Nastasi & Associates Inc. furnished a certificate of insurance to J.T. Magen indicating that J.T. Magen was an additional insured on general liability policies issued by Zurich American Insurance Company, identified by policy numbers GL , GL , and GL Upon information and belief, Nastasi & Associates Inc. furnished a certificate of insurance to J.T. Magen indicating that J.T. Magen was an additional insured on general liability policies issued by Illinois National Insurance Company, identified by policy numbers BE , BE , and BE Upon information and belief, J.T. Magen hired Piermount Iron Works, Inc. to perform structural steel and miscellaneous iron steel work on the exterior of the Project. 61. Upon information and belief, in its contract with J.T. Magen, Piermount Iron Works, Inc. promised to make J.T. Magen an additional insured on its general liability insurance policies. 62. Upon information and belief, Piermount Iron Works, Inc. furnished a certificate of insurance to J.T. Magen indicating that J.T. Magen was an additional insured

19 on a general liability policy issued by Illinois Union Insurance Company, identified by policy number GLW Upon information and belief, Piermount Iron Works, Inc. furnished a certificate of insurance to J.T. Magen indicating that J.T. Magen was an additional insured on a general liability policy issued by Westchester Surplus Lines Insurance Company identified by policy number CUW Upon information and belief, Piermount Iron Works, Inc. furnished a certificate of insurance to J.T. Magen indicating that J.T. Magen was an additional insured on general liability policies issued by Arch Specialty Insurance Company, identified by policy numbers DPC and ULP Upon information and belief, J.T. Magen hired Rael Automatic Sprinkler to furnish certain materials and services related to the Project s plumbing. 66. Upon information and belief, in its contract with J.T. Magen, Rael Automatic Sprinkler promised to make J.T. Magen an additional insured on its general liability insurance policies. 67. Upon information and belief, Rael Automatic Sprinkler furnished a certificate of insurance to J.T. Magen indicating that J.T. Magen was an additional insured on a general liability policy issued by Illinois Union Insurance Company, identified by policy number GLW Upon information and belief, Rael Automatic Sprinkler furnished a certificate of insurance to J.T. Magen indicating that J.T. Magen was an additional insured on a general liability policy issued by Princeton Excess and Surplus Lines Insurance Company, identified by policy number 73A3UB

20 69. Upon information and belief, J.T. Magen hired Sweeney & Harkin Carpentry and Dry Wall Corporation for work performed on the Project. 70. Upon information and belief, in its contract with J.T. Magen, Sweeney & Harkin Carpentry and Dry Wall Corporation promised to make J.T. Magen an additional insured on its general liability insurance policies. 71. Upon information and belief, Sweeney & Harkin Carpentry and Dry Wall Corporation furnished a certificate of insurance to J.T. Magen indicating that J.T. Magen was an additional insured on general liability policies issued by Great American Insurance Company, identified by policy numbers GLP and GLP Upon information and belief, Sweeney & Harkin Carpentry and Dry Wall Corporation furnished a certificate of insurance to J.T. Magen indicating that J.T. Magen was an additional insured on a general liability policy issued by Westchester Fire Insurance Company, identified by policy number CUW Upon information and belief, Sweeney & Harkin Carpentry and Dry Wall Corporation furnished a certificate of insurance to J.T. Magen indicating that J.T. Magen was an additional insured on a general liability policy issued by American Guarantee and Liability Insurance Company, identified by policy number AUC Upon information and belief, 112 CPS hired Costas Kondylis & Partners, LLC for architectural services for the Project. 75. Upon information and belief, in its contract with 112 CPS, Costas Kondylis & Partners, LLC promised to make J.T. Magen, as general contractor, an additional insured on its general liability insurance policies

21 76. Upon information and belief, Costas Kondylis & Partners, LLC furnished a certificate of insurance to J.T. Magen and/or 112 CPS indicating that J.T. Magen was an additional insured on general liability policies issued by United States Fidelity & Guaranty Company, identified by policy numbers BK and BK Upon information and belief, Industrial Window Corporation hired DeMayo Construction, Inc. for work pertaining to the exterior windows and doors for the Project. 78. Upon information and belief, in its contract with Industrial Window Corporation, DeMayo Construction, Inc. promised to make J.T. Magen, as general contractor, an additional insured on its general liability insurance policies. 79. Upon information and belief, DeMayo Construction, Inc. furnished a certificate of insurance to J.T. Magen and/or 112 CPS and/or Industrial Window Corporation indicating that J.T. Magen was an additional insured on a general liability policies issued by American States Insurance Company, identified by policy number 01B Upon information and belief, DeMayo Construction, Inc. furnished a certificate of insurance to J.T. Magen and/or 112 CPS and/or Industrial Window Corporation indicating that J.T. Magen was an additional insured on a general liability policy issued by Granite State Insurance Company, identified by policy number 01SU Upon information and belief, DeMayo Construction, Inc. furnished a certificate of insurance to J.T. Magen and/or 112 CPS and/or Industrial Window Corporation indicating that J.T. Magen was an additional insured on a general liability

22 policy issued by Admiral Insurance Company, identified by policy number CA Upon information and belief, 112 CPS hired Goldstein Associates PLLC for structural engineering services for the Project. 83. Upon information and belief, in its contract with 112 CPS, Goldstein Associates PLLC promised to make J.T. Magen, as general contractor, an additional insured on its general liability insurance policies. 84. Upon information and belief, Goldstein Associates PLLC furnished a certificate of insurance to J.T. Magen and/or 112 CPS indicating that J.T. Magen was an additional insured on a general liability policy issued by Fidelity and Guaranty Insurance Underwriters, Inc., identified by policy number BK Upon information and belief, 112 CPS hired I.M. Robbins, PC for mechanical engineering services for the Project. 86. Upon information and belief, in its contract with 112 CPS, I.M. Robbins, PC promised to make J.T. Magen, as general contractor, an additional insured on its general liability insurance policies. 87. Upon information and belief, I.M. Robbins, PC furnished a certificate of insurance to J.T. Magen and/or 112 CPS indicating that J.T. Magen was an additional insured on a general liability policy issued by Valley Forge Insurance Company, identified by policy number

23 The Property Damage Claim 88. On or about November 24, 2010, 110 CPS commenced a lawsuit against 112 CPS, J.T. Magen, and others in the Supreme Court of the State of New York, County of New York, Index No /04 (the Underlying Complaint ). 89. The Underlying Complaint alleges that the defendants are liable for causing damage to the plaintiff s property including damage to the Project. The suit seeks legal damages because of the alleged property damage. 90. On or about February 23, 2011, 112 CPS filed an Answer in the Underlying Complaint and asserted seven cross-claims against J.T. Magen (the 112 CPS Cross Claims ). 91. The 112 CPS Cross Claims allege: a. J.T. Magen s negligence, wrongdoing, and/or defective workmanship, products, and materials were the proximate cause of 110 CPS injuries and damages; b. J.T. Magen is obligated by operation of law and contract to defend and indemnify 112 CPS, and hold 112 CPS harmless from any and all claims which are the subject of the Underlying Complaint; c. J.T. Magen breached its express warranty that all material and equipment furnished in connection with the Project was of good quality, free of faults and defects, and in conformance with the contract documents; d. J.T. Magen implicitly warranted that it possessed the skill, experience, training, and expertise to perform the work in

24 accordance with the care and skill customary in the construction industry, and it breached those implied warranties. e. J.T. Magen expressly agreed to procure insurance naming 112 CPS as an additional insured, and thus 112 CPS is entitled to damages for any sums in which it may be adjudged liable that are not otherwise covered by 112 CPS own insurance. f. J.T. Magen agreed to indemnify 112 CPS and hold it harmless for damages arising out of or resulting from the performance of J.T. Magen s work, caused in whole or in part, by any negligent act or omission by anyone directly or indirectly employed by it. g. J.T. Magen breached its duty to perform certain tasks in a certain manner in connection with the construction of the Project. FIRST CAUSE OF ACTION (Breach of Contract against Atlantic Casualty Insurance Company Atlantic Casualty Antrim Masonry Policies) 92. Paragraphs 1-91 of this Complaint are hereby repeated and realleged as if 93. Upon information and belief, Atlantic Casualty Insurance Company issued one or more policies of general liability insurance to Antrim Masonry Corporation, including, without limitation, policy numbers L and L (the Atlantic Casualty Antrim Masonry Policies ). 94. Upon information and belief, J.T. Magen is an additional insured on the Atlantic Casualty Antrim Masonry Policies

25 95. Upon information and belief, the Atlantic Casualty Antrim Masonry Policies obligate Atlantic Casualty Insurance Company to defend J.T. Magen from the 110 CPS Complaint and the 112 CPS Cross Claims. 96. Upon information and belief, Atlantic Casualty Insurance Company has failed, refused, or neglected to defend J.T. Magen from the 110 CPS Complaint and the 112 CPS Cross Claims. 97. Upon information and belief, Atlantic Casualty Insurance Company s failure to defend J.T. Magen from the 110 CPS Complaint and the 112 CPS Cross Claims constitutes a breach of the Atlantic Casualty Antrim Masonry Policies. 98. Upon information and belief, Atlantic Casualty Insurance Company has failed to reimburse the past defense costs incurred by J.T. Magen for the 110 CPS Complaint and 112 CPS Cross Claims. 99. Upon information and belief, Atlantic Casualty Insurance Company s failure to reimburse the past defense costs incurred by J.T. Magen from the 110 CPS Complaint and 112 CPS Cross Claims constitutes a breach of the Atlantic Casualty Antrim Masonry Policies As a result of Atlantic Casualty Insurance Company s breaches, J.T. Magen has suffered and continues to suffer damages. SECOND CAUSE OF ACTION (Declaratory Relief against Atlantic Casualty Insurance Company Atlantic Casualty Antrim Masonry Policies) 101. Paragraphs 1-91 of this Complaint are hereby repeated and realleged as if

26 102. An actual and justiciable controversy exists regarding Atlantic Casualty Insurance Company s ongoing and future obligations under the Atlantic Casualty Antrim Masonry Policies to defend and indemnify J.T. Magen from the 110 CPS Complaint and the 112 CPS Cross Claims, and a declaratory judgment is necessary and appropriate to determine the rights and duties of the parties The plaintiff alleges, therefore, the following: a. Pursuant to this action, the plaintiff seeks to resolve a controversy involving the legal interests and rights of the parties set forth therein; b. The issues in dispute represent an actual controversy between the plaintiff and Atlantic Casualty Insurance Company; c. The controversy between the parties hereto is ripe for judicial determination; d. The declaratory relief sought in this case will not prejudice the rights of others not a party to this action; and e. J.T. Magen has no adequate remedy at law. THIRD CAUSE OF ACTION (Breach of Contract against Illinois Insurance Company Illinois Insurance Ashland Plumbing Corp. Policies) 104. Paragraphs 1-91 of this Complaint are hereby repeated and realleged as if 105. Upon information and belief, Illinois Insurance Company issued one or more policies of general liability insurance to the Ashland Plumbing Corporation, including,

27 without limitation, policy number U040181B/B (the Illinois Insurance Ashland Plumbing Corp. Policies ) Upon information and belief, J.T. Magen is an additional insured on the Illinois Insurance Ashland Plumbing Corp. Policies Upon information and belief, the Illinois Insurance Ashland Plumbing Corp. Policies obligate Illinois Insurance Company to defend J.T. Magen from the 110 CPS Complaint and the 112 CPS Cross Claims Upon information and belief, Illinois Insurance Company has failed, refused, or neglected to defend J.T. Magen from the 110 CPS Complaint and the 112 CPS Cross Claims Upon information and belief, Illinois Insurance Company s failure to defend J.T. Magen from the 110 CPS Complaint and the 112 CPS Cross Claims constitutes a breach of the Illinois Insurance Ashland Plumbing Corp. Policies Upon information and belief, Illinois Insurance Company has failed to reimburse the past defense costs incurred by J.T. Magen for the 110 CPS Complaint and 112 CPS Cross Claims Upon information and belief, Illinois Insurance Company s failure to reimburse the past defense costs incurred by J.T. Magen from the 110 CPS Complaint and 112 CPS Cross Claims constitutes a breach of the Illinois Insurance Ashland Plumbing Corp. Policies As a result of Illinois Insurance Company s breaches, J.T. Magen has suffered and continues to suffer damages

28 FOURTH CAUSE OF ACTION (Declaratory Relief against Illinois Insurance Company Illinois Insurance Ashland Plumbing Corp. Policies) 113. Paragraphs 1-91 of this Complaint are hereby repeated and realleged as if 114. An actual and justiciable controversy exists regarding Illinois Insurance Company s ongoing and future obligations under the Illinois Insurance Ashland Plumbing Corp. Policies to defend and indemnify J.T. Magen from the 110 CPS Complaint and the 112 CPS Cross Claims, and a declaratory judgment is necessary and appropriate to determine the rights and duties of the parties The plaintiff alleges, therefore, the following: a. Pursuant to this action, the plaintiff seeks to resolve a controversy involving the legal interests and rights of the parties set forth therein; b. The issues in dispute represent an actual controversy between the plaintiff and Illinois Insurance Company; c. The controversy between the parties hereto is ripe for judicial determination; d. The declaratory relief sought in this case will not prejudice the rights of others not a party to this action; and e. J.T. Magen has no adequate remedy at law

29 FIFTH CAUSE OF ACTION (Breach of Contract against American Home Assurance Company American Home Ashland Plumbing Corp. Policies) 116. Paragraphs 1-91 of this Complaint are hereby repeated and realleged as if 117. Upon information and belief, American Home Assurance Company issued one or more policies of general liability insurance to Ashland Plumbing Corp., including, without limitation, policy number BE (the American Home Ashland Plumbing Corp. Policies ) Upon information and belief, J.T. Magen is an additional insured on the American Home Ashland Plumbing Corp. Policies Upon information and belief, the American Home Ashland Plumbing Corp. Policies obligate American Home Assurance Company to defend J.T. Magen from the 110 CPS Complaint and the 112 CPS Cross Claims Upon information and belief, American Home Assurance Company has failed, refused, or neglected to defend J.T. Magen from the 110 CPS Complaint and the 112 CPS Cross Claims Upon information and belief, American Home Assurance Company s failure to defend J.T. Magen from the 110 CPS Complaint and the 112 CPS Cross Claims constitutes a breach of the American Home Ashland Plumbing Corp. Policies Upon information and belief, American Home Assurance Company has failed to reimburse the past defense costs incurred by J.T. Magen for the 110 CPS Complaint and 112 CPS Cross Claims

30 123. Upon information and belief, American Home Assurance Company s failure to reimburse the past defense costs incurred by J.T. Magen from the 110 CPS Complaint and 112 CPS Cross Claims constitutes a breach of the American Home Ashland Plumbing Corp. Policies As a result of American Home Assurance Company s breaches, J.T. Magen has suffered and continues to suffer damages. SIXTH CAUSE OF ACTION (Declaratory Relief against American Home Assurance Company American Home Ashland Plumbing Corp. Policies) 125. Paragraphs 1-91 of this Complaint are hereby repeated and realleged as if 126. An actual and justiciable controversy exists regarding American Home Assurance Company s ongoing and future obligations under the American Home Ashland Plumbing Corp. Policies to defend and indemnify J.T. Magen from the 110 CPS Complaint and the 112 CPS Cross Claims, and a declaratory judgment is necessary and appropriate to determine the rights and duties of the parties The plaintiff alleges, therefore, the following: a. Pursuant to this action, the plaintiff seeks to resolve a controversy involving the legal interests and rights of the parties set forth therein; b. The issues in dispute represent an actual controversy between the plaintiff and American Home Assurance Company; c. The controversy between the parties hereto is ripe for judicial determination;

31 d. The declaratory relief sought in this case will not prejudice the rights of others not a party to this action; and e. J.T. Magen has no adequate remedy at law. SEVENTH CAUSE OF ACTION (Breach of Contract against Illinois Union Insurance Company Illinois Union Ashland Plumbing Corp. Policies) 128. Paragraphs 1-91 of this Complaint are hereby repeated and realleged as if 129. Upon information and belief, Illinois Union Insurance Company issued one or more policies of general liability insurance to Ashland Plumbing Corporation, including, without limitation, policy number GLW7826 (the Illinois Union Ashland Plumbing Corp. Policies ) Upon information and belief, J.T. Magen is an additional insured on the Illinois Union Ashland Plumbing Corp. Policies Upon information and belief, the Illinois Union Ashland Plumbing Corp. Policies obligate Illinois Union Insurance Company to defend J.T. Magen from the 110 CPS Complaint and the 112 CPS Cross Claims Upon information and belief, Illinois Union Insurance Company has failed, refused or neglected to defend J.T. Magen from the 110 CPS Complaint and the 112 CPS Cross Claims Upon information and belief, Illinois Union Insurance Company s failure to defend J.T. Magen from the 110 CPS Complaint and the 112 CPS Cross Claims constitutes a breach of the Illinois Union Ashland Plumbing Corp. Policies

32 134. Upon information and belief, Illinois Union Insurance Company has failed to reimburse the past defense costs incurred by J.T. Magen for the 110 CPS Complaint and 112 CPS Cross Claims Upon information and belief, Illinois Union Insurance Company s failure to reimburse the past defense costs incurred by J.T. Magen from the 110 CPS Complaint and 112 CPS Cross Claims constitutes a breach of the Illinois Union Ashland Plumbing Corp. Policies As a result of Illinois Union Insurance Company s breaches, J.T. Magen has suffered and continues to suffer damages. EIGHTH CAUSE OF ACTION (Declaratory Relief against Illinois Union Insurance Company Illinois Union Ashland Plumbing Corp. Policies) 137. Paragraphs 1-91 of this Complaint are hereby repeated and realleged as if 138. An actual and justiciable controversy exists regarding Illinois Union Insurance Company s ongoing and future obligations under the Illinois Union Ashland Plumbing Corp. Policies to defend and indemnify J.T. Magen from the 110 CPS Complaint and the 112 CPS Cross Claims, and a declaratory judgment is necessary and appropriate to determine the rights and duties of the parties The plaintiff alleges, therefore, the following: a. Pursuant to this action, the plaintiff seeks to resolve a controversy involving the legal interests and rights of the parties set forth therein;

33 b. The issues in dispute represent an actual controversy between the plaintiff and Illinois Union Insurance Company; c. The controversy between the parties hereto is ripe for judicial determination; d. The declaratory relief sought in this case will not prejudice the rights of others not a party to this action; and e. J.T. Magen has no adequate remedy at law. NINTH CAUSE OF ACTION (Breach of Contract against Burlington Insurance Company Burlington Cardrona Policies) 140. Paragraphs 1-91 of this Complaint are hereby repeated and realleged as if 141. Upon information and belief, Burlington Insurance Company issued one or more policies of general liability insurance to Cardrona, Inc., including, without limitation, policy numbers HGL73562S4983 and UMB (the Burlington Cardrona Policies ) Upon information and belief, J.T. Magen is an additional insured on the Burlington Cardrona Policies Upon information and belief, the Burlington Cardrona Policies obligate Burlington Insurance Company to defend J.T. Magen from the 110 CPS Complaint and the 112 CPS Cross Claims Upon information and belief, Burlington Insurance Company has failed, refused or neglected to defend J.T. Magen from the 110 CPS Complaint and the 112 CPS Cross Claims

34 145. Upon information and belief, Burlington Insurance Company s failure to defend J.T. Magen from the 110 CPS Complaint and the 112 CPS Cross Claims constitutes a breach of the Burlington Cardrona Policies Upon information and belief, Burlington Insurance Company has failed to reimburse the past defense costs incurred by J.T. Magen for the 110 CPS Complaint and 112 CPS Cross Claims Upon information and belief, Burlington Insurance Company s failure to reimburse the past defense costs incurred by J.T. Magen from the 110 CPS Complaint and 112 CPS Cross Claims constitutes a breach of the Burlington Cardrona Policies As a result of Burlington Insurance Company s breaches, J.T. Magen has suffered and continues to suffer damages. TENTH CAUSE OF ACTION (Declaratory Relief against Burlington Insurance Company Burlington Cardrona Policies) 149. Paragraphs 1-91 of this Complaint are hereby repeated and realleged as if 150. An actual and justiciable controversy exists regarding Burlington Insurance Company s ongoing and future obligations under the Burlington Cardrona Policies to defend and indemnify J.T. Magen from the 110 CPS Complaint and the 112 CPS Cross Claims, and a declaratory judgment is necessary and appropriate to determine the rights and duties of the parties The plaintiff alleges, therefore, the following:

35 a. Pursuant to this action, the plaintiff seeks to resolve a controversy involving the legal interests and rights of the parties set forth therein; b. The issues in dispute represent an actual controversy between the plaintiff and Burlington Insurance Company; c. The controversy between the parties hereto is ripe for judicial determination; d. The declaratory relief sought in this case will not prejudice the rights of others not a party to this action; and e. J.T. Magen has no adequate remedy at law. ELEVENTH CAUSE OF ACTION (Breach of Contract against United States Fidelity and Guaranty Company USF&G Conventional Stone Policies) 152. Paragraphs 1-91 of this Complaint are hereby repeated and realleged as if 153. Upon information and belief, United States Fidelity and Guaranty Company issued one or more policies of general liability insurance to Conventional Stone & Marble Corporation, including, without limitation, policy numbers BK and BK (the USF&G Conventional Stone Policies ) Upon information and belief, J.T. Magen is an additional insured on the USF&G Conventional Stone Policies Upon information and belief, the USF&G Conventional Stone Policies obligate United States Fidelity and Guaranty Company to defend J.T. Magen from the 110 CPS Complaint and the 112 CPS Cross Claims

36 156. Upon information and belief, United States Fidelity and Guaranty Company has failed, refused, or neglected to defend J.T. Magen from the 110 CPS Complaint and the 112 CPS Cross Claims Upon information and belief, United States Fidelity and Guaranty Company s failure to defend J.T. Magen from the 110 CPS Complaint and the 112 CPS Cross Claims constitutes a breach of the USF&G Conventional Stone Policies Upon information and belief, United States Fidelity and Guaranty Company has failed to reimburse the past defense costs incurred by J.T. Magen for the 110 CPS Complaint and 112 CPS Cross Claims Upon information and belief, United States Fidelity and Guaranty Company s failure to reimburse the past defense costs incurred by J.T. Magen from the 110 CPS Complaint and 112 CPS Cross Claims constitutes a breach of the USF&G Conventional Stone Policies As a result of United States Fidelity and Guaranty Company s breaches, J.T. Magen has suffered and continues to suffer damages. TWELFH CAUSE OF ACTION (Declaratory Relief against United States Fidelity and Guaranty Company USF&G Conventional Stone Policies) 161. Paragraphs 1-91 of this Complaint are hereby repeated and realleged as if 162. An actual and justiciable controversy exists regarding United States Fidelity and Guaranty Company s ongoing and future obligations under the USF&G Conventional Stone Policies to defend and indemnify J.T. Magen from the 110 CPS Complaint and the

37 112 CPS Cross Claims, and a declaratory judgment is necessary and appropriate to determine the rights and duties of the parties The plaintiff alleges, therefore, the following: a. Pursuant to this action, the plaintiff seeks to resolve a controversy involving the legal interests and rights of the parties set forth therein; b. The issues in dispute represent an actual controversy between the plaintiff and United States Fidelity and Guaranty Company; c. The controversy between the parties hereto is ripe for judicial determination; d. The declaratory relief sought in this case will not prejudice the rights of others not a party to this action; and e. J.T. Magen has no adequate remedy at law. THIRTEENTH CAUSE OF ACTION (Breach of Contract against American States Insurance Company American States DCI Policies) 164. Paragraphs 1-91 of this Complaint are hereby repeated and realleged as if 165. Upon information and belief, American States Insurance Company issued one or more policies of general liability insurance to DCI Metro, Inc., including, without limitation, policy numbers 01BO and 01SU (the American States DCI Policies ) Upon information and belief, J.T. Magen is an additional insured on the American States DCI Policies