PHILADELPHIA – A New York-based insurance company is looking to recover $25,000 and other damages from a Philadelphia law firm who is said to have breached the terms of its insurance policy, per a new state court lawsuit.
On March 28, Allied World Surplus Lines Insurance Company (formerly known as Darwin Select Insurance Company) of New York, N.Y. filed suit in the Philadelphia County Court of Common Pleas versus The Lamm Group, of Philadelphia.
According to the litigation, plaintiff Allied World Surplus Lines Insurance Company sold a Lawyers Professional Liability Insurance Policy to The Lamm Group, a law firm owned by Anthony L. Lamm, for a one-year time period covering April 29, 2014 to April 29, 2015.
“Defendant incurred expenses in the defense of claim number 2014019738 brought against them by Janet Batchelor and Ryan Batchelor. Despite defendant’s promise to pay the retention amount by entering into a valid and enforceable contract with plaintiff, defendant failed to pay the same. To date, defendant has not tendered payment for the $25,000 retention,” the suit says.
The litigation states that this lack of payment constitutes a breach of contract from the defendant, serves as an example of unjust enrichment and the defendant acknowledged the debt and its liability for it, but did not tender payment.
For counts of breach of contract, unjust enrichment and account stated, the plaintiff is seeking damages of $25,000, plus reasonable attorney’s fees and any other compensation deemed just by the Court. Though according to plaintiff counsel, a trial by jury is not demanded, as this is a case for arbitration.
The plaintiff is represented by Kenneth J. Hardin II and Colleen M. Aracri of Hardin Thompson, in Pittsburgh.
Philadelphia County Court of Common Pleas case 180303307
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com