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HomeMy WebLinkAbout98-07081 \. ~ .q "'W. ~J ~ ~~ <l . ~ 1, I.IJ ~ ,"" I VI ~ I~~ ! i~ I I~ I \=" . " t' j ~ I ~ ' I~ i v ! CJ : ~ i It , \. :$ I/) iN ').,. }. , ~ ,~ { .... \~ - .:) - ~ ...... u.. ~ . l)". ~ ~ insurance coverages. 5. In the approximate ten year period prior to calendar year 1995t it was the custom and practice of Plaintiff and Defendant for plaintiff to procure insurance on Defendant's behalf, advancing the premiums for such coverages as necessarYt with the understanding and agreement of Defendant that it would reimburse and refund to Plaintiff the cost of said premiums. 6. From about October 4, 1995 through March 10, 1997t Plaintiff and Defendant continued this practice at the particular insistence of Defendant and with the understanding that if Plaintiff would do SOt Defendant would pay for the premiums so advanced. COUNT I - BREACH OF CONTRACTUAL AGREEMENT 7. The averments at Paragraphs 1-6 are incorporated by reference, as if more fully set forth in their entirety. 8. Plaintiff and Defendant entered into a contractual agreement, as of about October 4t 1995 covenanting that if Plaintiff would furnish insurance coverages for Defendantt Defendant would pay the cost of such premiums. 9. During the period from about October 4t 1995 through November lOt 1997t Plaintiff did arrange for such coverage and advanced the sum of Thirty-three Thousand Eight Hundred Twenty- nine Dollars and Nineteen Cents ($33t829.l9) as premiums pursuant its above referenced contractual agreement with Defendant (See Exhibit "A" attached hereto) 10. Despite repeated demands, Defendant has refused to pay to Plaintiff the cost of the insurance coverages procured. 11. Defendant has breached its contractual agreement with Plaintiff and is liable for damages. WHEREFORE it is requested that judgment be enter in favor of Plaintiff in the amount of $33t829.19. COUNT I I - BREACH OF CONTRACT IMPLIED IN FACT 12. The averments at Paragraphs 1-11 are incorporated by reference as if more fully set forth in their entirety. 13. The conduct of the parties over an approxima'te twelve (12) year periodt including the period from October 4, 1995 through November lOt 1997t evidences the existence of a contract implied in factt whereby Defendant agreed to pay the cost of premiums advanced if Plaintiff would procure various requested insurance coverages for it. 14. Defendant breached the terms of said contract implied in fact by refusing to pay for the cost of the insurance premiums advanced. WHEREFORE it is requested that judgment be entered in favor of Plaintiff in the amount of $33t829.19. COUNT III - QUANTUM MERUI1' 15. The averments at Paragraphs 1-11 are incorporated by reference as if more fully set forth in their entirety. 16. Defendant received insurance coverages for which it did STATEMENT WST SHORE RADIATOR WORKS 850 STATE ST. POBOX 447 LEMOYNE, PA 17043 ACCOUNT NUMBER IlATE OF INVOICI 12569 03/16/98 I AMOUNT REMlnEIl, $ Detach and rerllm this portion wirh your paymellt. Make dlt:l.:k payahle 10: HOOPY INSURANCE AGENCY STATEMENT Yuur Service Rt.'prC~Clllalivc: hi: HOOPY AGENCY ACt;OUIll Nn. Effl:clive Policy Numht.'r Description Amounts Dale 7/14/96 BAOOO541510 GEN 59620 INS BUSINESS AUTO SA 756.75 8/14/96 BAOOO541510 GEN 59640 INS BUSINESS AUTO 1,235,35 8/15/96 WC01l353012 GEN 61501 REN I~ORKERS COMPENSATION BA 2,160,84 2/14/96 BAOOO541511 GEN 61561 REN BUSINESS AUTO 3,938,00 1/14/97 BAOOO541511 GEN 61776 INS BUSINESS AUTO 1,477,00 2/14/97 BAOOO541511 GEN 61819 INS BUSINESS AUTO 1,477,00 3/14/97 BAOOO541511 GEN 62059 INS BUSINESS AUTO 1,477,00 4/14/97 BAOOO541511 GEN 62338 INS BUSINESS AUTO 1,237,00 4/15/97 CPP010530910 GEN 62339 INS SPEC MULTI PERIL 266,00 4/16/97 BAOOO541511 GEN 63465 XLP BUSINESS AUTO 9,287,68- 5/14/97 BAOOO541511 GEN 62648 INS BUSINESS AUTO 1,237,00 6/14/97 BAOOO541511 GEN 63248 INS BUSINESS AUTO 999,80 7/14/97 BAOOO541511 GEN 63251 INS BUSINESS AUTO 999,80 TOTAl. A"OlI~T III 'I: 7,973.86 EXlll lilT '1.., " " STATEMENT ACCOUNT NUMBER DATE OF INVOIC! 13569 03/16/98 W,S. SERVICE SHOP W,S, RADIATOR WORKS 850 STATE ST P,OBOX 447 LEMOYNE, PA 17043 I AMOUNT !mMITIED: $ Dct<tcll and relUrn Ihis ponion with your payment. Make check payahle to: HOOPY INSURANCE AGENCY STATEMENT Yllur Service Rcprc!'>cntalivc Is: HOOPY AGENCY Account Nu. Effective Pulky Numhcr Dc!ocripliull Amounts Dale 8/15/96 WC011352012 GEN 61502 REN WORKERS COMPENSATION BA 5,677.00 0/15/96 CPP01053910 GEN 61193 INS COMM PACKAGE BA 1,003,35 2/15/96 CPP01053910 GEN 61440 INS COMM PACKAGE 2,204.00 2/14/97 BAOO0541511 GEN 61822 INS BUSINESS AUTO 481,00 2/15/97 CPP01053910 GEN 61823 INS COMM PACKAGE 2,204,00 4/14/97 BAOO0541511 GEN 62341 INS BUSINESS AUTO 481. 00 4/15/97 CPP01053910 GEN 62342 INS COMM PACKAGE 2,204.00 4/16/97 BAOO0541511 GEN 63430 XLP BUSINESS AUTO BA 794,00- 6/14/97 BAOO0541511 GEN 63249 INS BUSINESS AUTO 481,00 6/15/97 CPP01053910 GEN 63250 INS COMM PACKAGE 2,204.00 TOTAL AMOllNT m;E 16,145,35 STATEMENT W S SIGN DIVISION W S RADIATOR P,O. BOX 447 LEMOYNE, PA ACCOUNT NUMBER DATE OF INVOIC 13570 03/16/98 17043 I AMOUNT IlEMllTEIJ, $ DtUch and return tJJi~' ponion witb fOllr (lilfmcllt. Mid.:e check pa}'ahlr: (n: HOOPY INSURANCE AGENCY STATEMENT Your Service Hcprcsenlil.tive Is: HOOPY AGENCY Accounl No. Effective Policy Number Ikscriplion Amounts Dale 4/15/96 WC01l352011 GEN 58282 INS WORKERS COMPENSATION 377.66 5/15/96 WC01l352011 GEN 58974 INS WORKERS COMPENSATION 509,66 6/15/96 WCOl1352011 GEN 58975 INS WORKERS COMPENSATION 509,66 8/15/96 WC01l352012 GEN 61503 REN WORKERS COMPENSATION 2,434,00 1/26/96 SB101082891 AEC 62212 ADD SURETY BONDS 302,00 2/14/96 BAOO0541511 GEN 61562 REN BUSINESS AUTO 864,00 2/15/96 CPP010530910 GEN 61441 INS COMM PACKAGE 1,032,00 1/10/97 57SB101094872 AEC 62020 NE\~ SURETY BONDS 355,00 2/15/97 CPP010530910 GEN 61824 INS COMM PACKAGE 1,032.00 4/15/97 CPP010530910 GEN 62343 INS COMM PACKAGE 1,032,00 4/16/97 BAOO0541511 GEN 63428 XLP BUSINESS AUTO 572,00- llllAl. AMOl8T DIlE I 7,875.98 STATEMENT CLAUDE WHEELER SR,& ACCOUNT NUMllIiR 12973 DATE OF INVOIC 03/16/98 P,O. BOX 447 LEMOYNE, PA, 17043 I AMOUNT REMITICD: S Delach and rerum Ihis ponion Wilh your payment. Make check. payable 10: HOOPY INSURANCE AGENCY STATEMENT Account No. Your Service R'presenlil',ve Is: HOOPY AGENCY Description AmUUllh Effective Dale Policy Number 6/10/96 CGL006937911 GEN 59514 REN GENERAL LIABILITY 250.00 250.00 TOTAL AMOlTIoT DllE J ~ :r cJ C><> ...j " \!) t". -- ::r (Y) :>.-. ~ 0, (1)('- 0 -:::+: a:';' gt C"b cJ '.-, ~ >- ..- ( 'vi :(t =t: ...Cl ~: l, J CJ U l-C., ".1. '::l- -j ~ -5 I'. t..... ~ 0- C) , '. ,) ..) " :--.! i ..~ I '-' \ 'or ., . .' :" - :I '-'). '" \ -., ,-.:j , L~ (.- '.., .1 \ ", "i ~ I..., ,.. ~ ~ I .. r.... \ \. ,. ,J " i >0 '--,'II .,0 : -, '<' - I. .' ._~ .~~:. ..... I I' " 'I Ii I! " HOOPY INSURANCE AGENCY, INC.. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA i, I: vs. :i il ! " " CIVIL ACTION - LAW WEST SHORE RADIATOR WORKS, INC.. Defendant NO. 98.7081 CIVIL TERM I: , i' " i! I, ANSWER, NEW MAnER AND COUNTERCLAIM !i AND NOW comes the above-named Defendant, by his attorney, Samuel L. Ii Ii Andes, and makes the foliowing Answer, New Matter and Counterclaim to Plaintiff's II ii Complaint: Ii II :i Ii Ii ,I II i I! !! II ii Ii ii Ii II " I' Ii ii !: ji " ji ANSWER 1. Admitted. 2, Admitted, 3. Admitted except that Plaintiff's authority to act on behalf of the Defendant with regard to insurance matters ended absolutely on 28 March 1997. 4. Admitted. 5, Admitted. By way of further answer, the averments set out in Defendant's New Matter are incorporated herein by reference. 6, Admitted. COUNT I - BREACH Of CONTRACTUAL AGREEMENT " i i 7, No answer required, 8. Admitted. By way of further answer, it is stated that Defendant relied upon Plaintiff's purported expertise in insurance matters to obtain far Defendant the best insurance coverage at the most efficient and inexpensive rate and to otherwise advise Defendant properly with regard to insurance matters. 9. Defendant admits that Plaintiff placed insurance but denies that the insurance was in accordance with the agreement of the parties and incorporates herein by reference the averments set out in Defendant's New Matter. Defendant further denies that it owes $33,829.19 for insurance, 10 Plaintiff or anyone else. 10. Admitted. By way of furfher answer, however. Defendant denies that it has any liability to make such payment to Plaintiff and incorporates herein the averments set out in Defendant's New Matter. 11. Denied. Plaintiff breached the contract between the parties by failing to Ii !' provide the insurance advice and services which it promised. WHEREFORE, Defendant demands that Plaintiff's Complaint be dismissed. COUNT II - BREACH OF CONTRACT IMPLIED IN FACT 12. No answer required. 13. There was no contract implied in fact but. rather, there was a contract by " ii which Plaintiff agreed to provide certain insurance expertise, advice, and services to I' 'I Defendant for which Defendant agreed to pay insurance premiums which would result in compensation being paid to and received by Plaintiff. " I :1 14. Denied. Plaintiff breached the contract between the parties by failing to II provide insurance expertise, advice, and services in accordance with the contract :1 , between the parties. 'i I WHERF.FORE, Defendant demands that Plaintiff's Complaint be dismissed. COUNT III . QUANTUM MERUIT :! ': 15. No answer required. 16. Denied. Defendant received insurance coverage which was inappropriate, excessive, and unnecessary. Defendant paid more than the reasonable cost of the insurance benefits it received and, as a result, Defendant was not unjustly enriched and owes Plaintiff nothing. " 17. Denied. Defendant was not unjustly enriched but, in focI. overpaid for insurance for many years as a result of Plaintiff's breach of the contract and negligence. WHEREFORE, Defendant demands that Plaintiff's Complaint be dismissed. NEW MATTER 18. At ali times relevant to this action, Plaintiff held itself out as an expert in commercial insurance of various types and represented to Defendant that Plaintiff would arrange Defendant's insurance coverage in a proper and efficient way at the best cost to Defendant for such coverage. 19. Defendant relied upon Plain1iff's purported expertise and advice with I regard to insurance matters, and engaged Plaintiff to provide the insurance advice, services, and products to Plaintiff in accordance with Defendant's representations and assurances. 20. Plaintiff failed to provide Defendant with compelent and proper advice regarding insurance and failed to obtain for Defendant proper insurance coverage without unnecessary expense. 21. In failing to provide insurance in accordance with Plaintiff's representations, Plaintiff breached the agreement between the parties whereby Defendant engaged Plaintiff, thereby exposing Defendant to excessive insurance costs over the years that Plaintiff provided insurance advice and coverage for Defendant. 22. Plaintiff's conduct in providing insurance coverage, services, and advice to Defendant was negligent and failed to meet the standards of performance in the , insurance industry at the place and time when such services and advice was provided by Plaintiff to Defendant. 23. As a result of Plaintiff's negligence. Defendant incurred unr.ecessary expense to pay for insurance coverage which was not proper or appropriate for Defendant or its needs, during the years that Plaintiff provided such services and coverage to Defendant. 24. In March of 1997, after consulting with another insurance provider, Defendant terminated Plaintiff's services and the centract between the parties as a result of Plaintiff's poor performance. 25. A substantial porlion of the insurance premiums which Plaintiff seeks to recover from Plainliff were premiums earned after Defendant terminated Plainliff's and the contract between Plaintiff and Defendant and after Detendanl had obtained other insurance from another source. 26. A substantial portion of the insurance premiums which Plainliff now seeks to collect from Defendant were for duplicative policies which did not provide any insurance coveroge or other benefit to Defendant atter 16 April 1997. Defendant is entitled to a credit for the cost of all insurance claimed by Plaintiff after that date. " I CERTIFICATE OF SERVICE I hereby certify thaI I served an original of the foregoing Answer, New MaHer and i; Counterclaim upon counsel for the Plaintiff herein by regular mail, postage prepaid, : addressed as follows: Herschel Lock, Esquire 3107 North Front Street Harrisburg, Pa 17110-1310 Date:3)Y'n~ OJ ~ Samuel L. Andes Attorney for Defendant set forth in Paragraph 20 hereof. 23. Denied for reasons more fu~~y set forth in Paragraph 20 hereof. 24. After reasonable investigation, Plaintiff is without knowledge as to the truth of the averments of Paragraph 24 and proof thereof is hereby demanded at tria~. 25. Denied and, by way of further answer, it is averred that Plaintiff's requested monetary re~ief is for insurance policies in force for Defendant on~y u9 to the date they were canceled due to Defendant's change of insurance agent. 26. Denied for reasons more f~lly set forth in Paragraph 20 hereof. WHEREFORE P~aintiff 9rays your Honorable Court to deny Defendant its prayed for relief. COUNTERCLATH 27. The averments of the foregoing Paragra9hs of Plaintiff t ~ A:'ls.wer to Defendant I s Ne~... ~latter and Counterclaim are incorporated herein by reference thereto. 28. To the extent the averments of Paragraph 28 represent a conclusion of law, no responsive pleading is required. As to any factual averments made, t:ley are denied for reasons more fully set forth in Paragraph 20 hereof. 29. While it is admitted ~~a~ ~e~endant claims it was damaged by P~aintiff in an a::1ount in excess of $20,000, it is denied thac Defendant is due any da~ages whatsoever from HOOPY INSURANCE AGENCY, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 98-7081 WEST SHORE RADIATOR WORKS, INC., Defendant CIVIL ACTION - LAW PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER AND COUNTERCLAIM 18. Admitted to the extent that Plaintiff held himself out to Defendant as a person well experienced in insurance matters. Denied as to any averments or inferences that plaintiff took action regarding Defendant's ~nsurance needs without obtaining necessary information from Defendant or disc'.lssing Defendant. s needs with its representatives. 19. Admitted that Defendant to an extent relied upon Plaintiff's experienced in insurance matters. Denied however, that Defendant was not involved in determining its insurance needs and choosing the coverage to meet those needs. 20. Denied and, by way of further answer, it is averred that at all times plaintiff provided Defendant with competent, proper and cost efficient adv~ce regarding its insurance matters and obtained for Defendant in a proper and cost efficient fashion the insurance coverage it required. 21. Denied for reasons more fully set forth in Paragraph 20 hereof. 22. To the extent the averments of Paragraph 22 represent a conclusion of law, no responsive pleading is required. As to any factual averments made, they are den:.ed for reasons more fully set forth in Paragraph 20 hereof. 23. Denied for reasons more fully set forth in Paragraph 20 hereof. 24. After reasonable investigation, plaintiff is without knowledge as to the truth of the averments of paragraph 24 and proof thereof is hereby demanded at trial. 25. Denied and, by way of further answer, it is averred that Plaintiff's requested monetary relief is for insurance policies in force for Defendant only up to the date they were canceled due to Defendant's change of insurance agent. 26. Denied for reasons more fully set forth in Paragraph 20 hereof. WHEREFORE Plaintiff prays your Honorable Court to deny Defendant its prayed for relief. COUNTERCLAIM 2i. 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