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King's GYM Complex, Inc. v. Philadelphia Indemnity Insurance Co.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


June 20, 2006

KING'S GYM COMPLEX, INC., DOING BUSINESS AS, KING'S ATHLETIC CLUB, PLAINTIFF,
v.
PHILADELPHIA INDEMNITY INSURANCE CO. DEFENDANT.

The opinion of the court was delivered by: David N. Hurd United States District Judge

ORDER

The following shall be substituted for the first full paragraph on page two of the Memorandum-Decision and Order issued June 16, 2006 (Docket No. 19) in this action:

On November 13, 2003, a severe windstorm passed through Webster, New York causing damage to the roof of the King's Athletic Club and water damage to parts of its interior. Plaintiff hired professional loss consultants at Basloe, Levin & Cuccaro, LTD./Adjusters International ("Adjuster's International") to assist it in filing a claim with its commercial insurer, Philadelphia. On October 13, 2004, Adjuster's International wrote to Mr. Eric Walter of GAB Robins, an adjuster hired by Philadelphia, on plaintiff's behalf: "Please be advised that the insured intends to make claim on replacement cost basis for the involved property in accordance with the terms and conditions of the policy contract." (Docket No. 7, Walter Aff. Ex. E.) The letter also clarified that the policy's two-year statute of limitations for filing a claim would expire on November 13, 2005. Id.

IT IS SO ORDERED.

20060620

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