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BANKERS STANDARD INSURANCE COMPANY v. COPLEN CONSTRUCTION INC et al Complaint

BANKERS STANDARD INSURANCE COMPANY v. COPLEN CONSTRUCTION INC et al Complaint

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Published by: ACELitigationWatch on Mar 25, 2013
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case3:13-cv-00214-PPS-CAN
document
1
filed 03/20/13pagerf^?^
7
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IN THE UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF INDIANAjp
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Case No.
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BANKERS STANDARD INSURANCE
COMPANY
as subrogee of Jerry andNorma Ferguson,
Plaintiff.
v.
COPLEN CONSTRUCTION, INC., ELITECONTRACTING SERVICES, INC.,TRADESMEN INTERNATIONAL, INC.,HEISLER CONSTRUCTION, LLC andDOMOTECK FLOOR WARMINGSYSTEMS, INC.,Defendants.
COMPLAINT
NOW COMES the
Plaintiff,
BANKERS STANDARD INSURANCE COMPANY assubrogee of
Jen-y
and Norma Ferguson, by and through its attorneys, COZEN O'CONNOR, andfor its Complaint against Defendants, Coplen Construction, Inc., Elite Contracting Services, Inc.,Tradesmen International, Inc., Heisler Construction, LLC and Domoteck Floor WarmingSystems, Inc., states as follows:
THE PARTIES
1.
Plaintiff,
Bankers Standard Insurance Company ("Bankers"), is a Pennsylvaniacorporation duly licensed to do business in the State of Indiana with a principal place of businesslocated at 436 Walnut Street, P. O. Box 1000, Philadelphia, Pennsylvania 19105.
2.
Plaintiffs
insured, Jerry and Norma Ferguson ("the Fergusons"), are residents ofthe State of Indiana and the owners of the real and personal property located at 5 Ems T-35 Lane,Leesburg, Indiana ("subject residence'*). At all times relevant and material hereto, Bankers had
LEGAL\15511044\1
 
case
3:13-cv-00214-PPS-CAN
document
1
filed 03/20/13
page 2 of
15
in full force and effect a policy of insurance issued to its insureds, the Fergusons, that providedinsurance for their property located at the subject residence.
3.
Upon information and
belief,
Defendant Coplen Construction, Inc. ("CoplenConstruction"), is an Indiana corporation with a principal place of business located at 475Anchorage Road,
#13,
Warsaw, Indiana. At all times
relevant.
Defendant Coplen Constructiondid business as a general contractor for residential construction.
4.
Upon information and
belief,
Defendant Elite Contracting Services, Inc. ("EliteContracting"), is an Indiana corporation with a principal place of business located at
1179
S. 550
W..
Warsaw, Indiana. At all times relevant, Defendant Elite Contracting acted as an electricalsubcontractor to Defendant Coplen Construction for certain work, including the installation of
a
roof heating system during the construction of the subject residence.
5.
Upon information and
belief,
Defendant Tradesmen International, Inc.("Tradesmen International"), is an Ohio corporation with a principal place of business located at9760 Shepard Road, Macedonia, Ohio. At all times relevant, Defendant Tradesmen Internationalacted as an electrical sub-subcontractor to Defendant Elite Contracting for certain work,including the installation of
a
roof heating system during the construction of the subjectresidence.6. Upon information and
belief,
Defendant Heisler Construction, LLC ("HeislerConstruction"), is an Indiana corporation with a principal place of business located at 7580 W.Northcrest Lane, Claypool, Indiana. At all times relevant, Defendant Heisler Construction actedas an electrical sub-subcontractor to Defendant Elite Contracting for certain work, including theinstallation of
a
roof heating system during the construction of
the
subject residence.
LEGAL\15511044\1
 
case
3:13-cv-00214-PPS-CAN
document
1
filed 03/20/13
page 3 of
15
7. Upon information and
belief,
Defendant Domoteck Floor Warming Systems, Inc.("Domoteck"), is a Delaware corporation with its principal place of business located at 599 N.Edgewood Ave., Wood Dale, Illinois. At all times relevant, Defendant Domoteck was in thebusiness of manufacturing and distributing
roof .heating
systems.
JURISDICTION AND
VENUE8. The jurisdiction of this Court is invoked pursuant to the provisions of
28
U.S.C. §
1332
by reason of
the
diversity of citizenship of the parties who are citizens of different states,and the amount in controversy, exclusive of interest and costs, which exceeds the sum ofS75,000.00.9. Venue is proper in this District, pursuant to 28 U.S.C. §
1391,
as this is thejudicial district in which the subject property is situated and in which a substantial part of theevents giving rise to the claim occurred.
COMMON ALLEGATIONS
10.
Upon information and
belief,
in 2009, Defendant Coplen Construction undertookto act as general contractor in the construction of
the
subject residence, which included a roofheating system for the home's slate tile
roof.
11.
Each of
the
Defendants were involved in the installation of the roof heatingsystem.
12.
As part of
the
construction of
the
subject residence, Coplen Constructionsubcontracted Defendant Elite Contracting to install the home's electrical systems.
13.
Defendant Elite Contracting then sub-subcontracted Defendants TradesmenIntemational and Heisler Constmction to assist in the installation of the aforementioned electricalheating system for the home's slate
roof.
LEGALM5511044M

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