INTERNATIONAL SKATING CENTER OF CT, LLC v. ILLINOIS UNION INS CO Complaint

8/6/2019 INTERNATIONAL SKATING CENTER OF CT, LLC v. ILLINOIS UNION INS CO Complaint

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Case 3:11-cv-01241-CSH Document 2 Filed 08/07/11 Page 6 of 28

RETURN DATE: JULY 26, 2011INTERNATIONAL SKATINGCENTER OF CONNECTICUT, LLCVS.

SUPERIOR COURTJ.D. OF HARTFORDAT HARTFORD

ILLINOIS UNION INSURANCE COMPANY JUNE 20,2011COMPLAINT

COUNT ONE - Subrogation Pursuant to C.G.S. 38a-3211. At all times mentioned herein, the plaintiff, International Skating Center of Connecticut("ISCC"), operated an ice skating arena located at 1375 Hopmeadow Street, Simsbury,Connecticut ("the premises"),2. At all times mentioned herein, the defendant, Illinois Union Insurance Company, was aforeign company doing business in the State of Connecticut.3. On or about August 16, 2006, ISCC entered into a contract with Harrington Engineering forthe supply and installation of two (2) Ingersoll Rand model MT70 Micro-turbines for anonsite Combined Heat & Power Cogcneration system to provide a natural gas to energyapplication for the ISCC in exchange for the payment of $305,000.00 by ISCC.4. In November of 2008, Harrington Engineering initiated a law suit against the plaintiffclaiming breach of the above described contract, unjust enrichment and unfair trade practices.5. In March of 2009, the plaintiff filed a Counterclaim against Harrington Engineering claimingbreach of the above described contract, innocent misrepresentation, negligent,misrepresentation, fraudulent misrepresentation, breach of implied covenant of good faith andfair dealing and violation of the Connecticut unfair trade practices act. (Exhibit 1 -Counterclaim.)6. In the aforementioned Counterclaim, the plaintiff claimed it suffered property and economiclosses including, but not limited to:

(a) a lack of receipt of the variousfinancialbenefits promised;(b) costs of purchasing, operating and maintaining the system beyond the amount quotedand promised;

LAW OFFICES OF GERALD S. SACK, LLCBftfi PARMINRTDN AVFNI IF . SI IITF 109WF ST HARTFORD. OT f)Rl1 9 (mm 93R-7PP5 . .11 IRIS NO . 4P399?


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(c) costs associated with repairing and redesigning the system;(d) costs associated with the failure to have the system operational by November of 2006;(e) an increase in electricity consumption and/or electricity costs;(i) electricity consumption and/or electricity costs higher than was promised andexpected;(g) an increase in natural gas consumption and/or natural gas costs;(h) natural gas consumption and/or natural gas costs higher than was promised andexpected;(i) an inability to procure a natural gas regular rate reduction;(j) an increase in its electricity rate;

(k) a lack of 140kw of power during power outages;(I) the costs of purchasing and installing a DG meter;(m) an inability to procure and/or delay in procuring Class 3 renewable energy credits;(n) a lack of receipt of the environmental benefits promised;(o) receipt of a system with less than the promised efficiency; and(p) damages to real and personal property.7. On December 15,2010, Harrington Engineering, Inc. withdrew its Complaint against ISCC.8. On March 10,2011, the attorneys for Harrington Engineering, Inc. withdrew their appearance.9. On March 28,2011, after a Hearing in Damages, the Court {Robert I. Holzbe'rg, J.) awardedISCC a judgment of seven hundred fifty-eight thousand four hundred sixty-two dollars andfifty cents ($758,462.50) against Harrington Engineering, Inc. (Exh ibit 2 - Judgment.)10. At all times mentioned herein, the defendant insured Harrington Engineering, Inc. under acontract of insurance bearing policy number COO G23 879852 001.11. At ail times mentioned herein, the aforementioned policy provided limits of liability of fivemillion dollars ($5,000,000,00) per wrongful act, subject to applicable self-insured retentions,and covered the plaintiffs damages and losses as set fort above.12. More than thirty (30) days have passed since the Court (Robert L Hohberg, J) issued itsjudgment. Despite demand being m ade, the defendant has failed and refused to pay saidjudgment.13. Pursuant to Connecticut General Statutes 38a-321, the plaintiff is entitled to. claim andpursue subrogation rights against the defendant as the defendant has breached the insurancecontract with Harrington Engineering, Inc.14. The plaintiff is entitled to damages in the amount of the judgment plus interest.

LAW OFFICES OF GERALD S. SACK, LLCOT R FARMINRTON AVFNI IF SI IITF 1f)Q . WFRT HAPfrFDRD f.T 0611 Q . /flfim 93R.7PPK . .11 IRIS WO 493QSP


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COUNT TW O - Breach of Implied C ovenant of Good Faith and F air DealingI. Paragraphs 1 through 14 of Count One are hereby incorporated and made paragraphs 1through 14 of Count Two as if fully set forth herein.15. The above referenced insurance contract between the defendant and Harrington Engineering,Inc. included an implied covenant of good faith and fair dealing.16. By its conduct as set forth above, the defendant has failed and refused to pay said judgmentdespite the above referenced insurance contract coveiing the plaintiffs losses and damages.17. As a result, the defendant's conduct, as set forth above, was in bad faith.

THE PLAINTIFF,INTERNATIONAL SKATING CENTEROF CONNECTICUT, LLC

Jonathan A. Cantor, Esq./ Law Office of Gerald S. Sack, LLC/"' 836 Farmington Avenue, Suite 109/ West Hartford, CT 06119-1544Tel: (860) 236-7225 x. 105E-Mail: [email protected] No.: 423992Its Attorneys

LAW OFFICES OF GERALD S, SACK, LLCR3B FARMINBTON AVENUE. SUITE 109 WEST HARTFORD. CT 06119 (860^ 236-722 S JURIS NO. 423992
mailto:[email protected]:[email protected]


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RETURN DATE: JULY 26, 2011INTERNATIONAL SKATINGCENTER OF CONNECTICUT, LLCVS.

SUPERIOR COURTJ.D. OF HARTFORDAT HARTFORD

ILLINOIS UNION INSURANCE COMPANY JUNE 20/2011

PRAYER FOR RE LIEFWHEREFORE, the plaintiff claims:

1. Money damages as to both counts;2. Costs of this action as to both counts;3. Interest, pursuant to Conn. Gen. Stat. 37~3a, as to both counts;3. Attorney's fees as to count 2; and4. Punitive damages as to count 2.


iathan ATCantor, Eiathan A. Cantor, Esq.Law Office of Gerald S. Sack, LLC836 Farmington Avenue, Suite 109West Hartford, CT 06119-1544Tel: (860) 236-7225 x. 105E-Mail: [email protected] No.: 423992Its Attorneys

LAW OFFICES OF GERALD S. SACK, LLCMR FARMINfiTflN AVFNl IF . S I IITF 108 WEST HARTFORD. CT OR119 ffifHfl 23B-7225 JURIS NO . 423892


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RETURN DATE: JULY 26, 2011INTERNATIONAL SKATrNGCENTER OF CONNECTICUT, LLCVS.

SUPERIOR COURTJ.D. OF HARTFORD

AT HARTFORDILLINOIS UNION INSURANCE COMPANY : JUNE 20,2011

STATEMENT OF AMOUNT IN DEMANDThe amount in demand is $15,000 or more, exclusive of costs and interest.

BY:


nathan A. Cantor, Esq.Law Office of Gerald S. Sack, LLC836 Farmington Avenue, Suite 109West Hartford, CT 06119-1544Tel: (860) 236-7225 x. 105E-Mail:[email protected] No.: 423992Its Attorneys

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INTERNATIONAL SKATING CENTER OF CT, LLC v. ILLINOIS UNION INS CO Complaint

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