CCP files declaratory action against insurance carrier over failure to indemnify

The Community College of Philadelphia is suing its insurance carrier over claims that the

provider has yet to respond to letters by CCP attorneys requesting that it indemnify and hold the college harmless in a case involving a worker who was injured while working on a campus construction project in Northeast Philadelphia.

The declaratory action was filed Aug. 24 by CCP attorneys Joe H. Tucker, Jr. and Douglas K. Jenkins of the Tucker Law Group.

The complaint states that The Bedwell Company, which is based in West Chester, Pa., has yet to indemnify the college in a case relating to injuries sustained by co-plaintiff Milton Paulson back in late December 2009, during an incident in which Paulson slipped and fell on some ice while working at the construction site.

As per the terms of the construction contract, the suit alleges, Bedwell was required to indemnify CCP for any and all claims, losses and expenses, including attorney’s fees, arising out of or resulting from the performance of any work at the project site.

On April 20, 2011, the suit states, CCP lawyers sent a letter to Bedwell requesting its cooperation in the matter.

A second letter was sent in late February of this year, according to the complaint. A third letter was sent on April 23.

To date, attorneys for Bedwell have yet to respond to CCP’s correspondences, the suit alleges.

“Throughout the course of the Civil Action, Bedwell has refused to provide a defense and indemnity to CCP despite repeated demands to provide same as required by the Construction Contract,” the lawsuit reads. “CCP has incurred, and continues to incur, substantial costs in defending the Civil Action as a result of Bedwell’s refusal to provide a defense and indemnification, including but not limited to, attorney’s fees, court costs and other incidental expenses.”

The plaintiff seeks to have the court enter an order requiring Bedwell to provide CCP with a defense and indemnification, as well as attorney’s fees, interest and costs.

 

The case ID number is 120802624.