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ACE AMERICAN INSURANCE COMPANY v. ETS-LINDGREN, L.P. Complaint

ACE AMERICAN INSURANCE COMPANY v. ETS-LINDGREN, L.P. Complaint

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Published by: ACELitigationWatch on Apr 03, 2013
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Case 2:13-cv-01732-NS Document 1 Filed 04/03/13 Page 1 of 6
IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF PENNSYLVANIA
ACE AMERICAN INSURANCE COMPANY,
as subrogee of
ALION
SCIENCE ANDTECHNOLOGY CORPORATION436 Walnut StreetPhiladelphia, PA 19105
Plaintiff,
v.ETS-LINDGREN, L.P., formerly known asEMC TEST SYSTEMS, L.P.
1301
Arrow Point DriveCedar Park, TX 78613Defendant.CIVIL ACTION NO.
JURY TRIAL DEMANDEDCOMPLAINT
Plaintiff,
ACE American Insurance Company, as subrogee of
Alion
Science andTechnology Corporation, by and through its counsel, hereby demands judgment againstDefendant, ETS-Lindgren, L.P.,
f/k/a
EMC Test Systems, L.P., and complains against Defendantas follows:
PARTIES
1.
Plaintiff,
ACE American Insurance Company ("ACE"), is a corporation dulyorganized and existing under the laws of the Commonwealth of Pennsylvania with its principalplace of business located at 436 Walnut Street, Philadelphia, Pennsylvania, and, at all timesrelevant hereto, was engaged in the insurance business and was licensed to do business in theCommonwealth of Pennsylvania.
2.
Plaintiffs
insured, Alion Science and Technology Corporation ("Alion"), is acorporation duly organized and existing under the laws of the State of Delaware with itsprincipal place of business located at
1750
Tysons Boulevard, Suite 1300, McLean, Virginia,
 
Case 2:13-cv-01732-NS Document 1 Filed 04/03/13 Page 2 of 6
and, at all times relevant hereto, was a tenant at 20 Clipper Road in West Conshohocken,Pennsylvania (the "Building").
3.
At all times relevant hereto, the Building housed nine (9) of Alion's anechoicchambers that
Alion
rented out to its respective clients for testing purposes.
4.
Defendant, ETS-Lindgren, L.P.,
f/k/a
EMC Test Systems, L.P. ("ETS"), uponinformation and
belief,
is a limited partnership duly formed and existing under the laws of theState of Texas with its principal place of business located at 1301 Arrow Point Drive, CedarPark, Texas, and, at all times relevant hereto, was engaged,
inter alia,
in the business ofdesigning, manufacturing, selling, assembling and installing both anechoic chambers and thepyramidal anechoic absorber material that is installed in the chambers.
5.
ACE issued Policy No. MAUD35715423 to Alion for the period October 1,
2011,
to October 1, 2012, insuring Alion's business and personal property at the Building.6. ACE has made payments to Alion under the aforementioned Policy in an amountin excess of
One
Million, Four Hundred Thousand Dollars ($1,400,000.00) for damagessustained as the result of a
fire
that occurred on or about February 24,
2012,
at the Building andis subrogated to the rights of
its
insureds to the extent of
its
payments pursuant to the terms of thePolicy, and now seeks recovery of said payments.
JURISDICTION AND VENUE
7. Jurisdiction is based on 28 U.S.C.
§
1332(a)(1) as this action involves acontroversy between citizens of different states and an amount in controversy which exceedsSeventy-Five Thousand Dollars ($75,000.00), exclusive of interest and costs.8. Venue is proper in this district based on 28 U.S.C.
§1391
(a) in that the eventgiving rise to this claim occurred within this district.
 
Case 2:13-cv-01732-NS Document 1 Filed 04/03/13 Page 3 of 6
STATEMENT OF FACTS
9. Plaintiff incorporates by reference the preceding averments as though set forth atlength herein.
10.
In or about 2002,
Alion
purchased an ETS-Lindgren SMART 400 reverberatingchamber and a control room chamber from ETS for good and valuable consideration.
11.
In or about May of2002,Alion purchased pyramidal anechoic absorber material("anechoic foam"), from ETS for good and valuable consideration to be installed in the SMART400 reverberating chamber and the control room chamber.
12.
ETS assembled the SMART 400 reverberating chamber in the Building andoversaw the installation of the anechoic foam in the chamber in 2002 where it was designatedChamber 6.
13.
ETS also assembled the control room chamber in the Building and oversaw theinstallation of the anechoic foam in the chamber in 2002 where it was designated Chamber 7.
14.
ETS represented to Alion that the anechoic foam that was installed in Chambers 6and 7 did not need to be altered, modified, moved or replaced after it was installed.
15.
On or about February 24, 2012, a fire originated in Chamber 7 when the anechoicfoam that was designed, manufactured, sold, and installed at the direction of ETS overheated andcaught on fire.
16.
As a direct and proximate result of the aforementioned fire,
Alion's
business andpersonal property at the Building was severely damaged and destroyed.
17.
As a direct and proximate result of the aforementioned fire, Alion suffereddamage and destruction to its business and personal property at the Building in an amount inexcess of $1,400,000.00.

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