Delaware County is suing its insurer over a 12-ton problem in one of its parking garages

By Carrie Bradon | Jun 14, 2019

MEDIA – A Pennsylvania county alleges its insurance policy should cover damages to a garage caused by a falling, 12-ton panel.

County of Delaware filed a complaint on May 1 in the Delaware County Court of Common Pleas against Travelers Property Casualty Co. of America alleging breach of contract and other counts.

According to the complaint, the plaintiff owns a municipal parking garage in Media that was constructed in the 1970s and on July 27, 2018, a nonstructural spandrel panel collapsed from the roof. The suit states no one was injured but the garage was severely damaged.

The plaintiff alleges it immediately notified the defendant of the incident and the defendant denied coverage in October 2018, stating that the collapse exclusion of the policy applied and precluded any coverage.

The plaintiff is seeking declaratory judgment that Travelers must indemnify it under the terms of the coverage. 

The plaintiff is seeking more than $50,000, attorney fees and court costs. The plaintiff is represented by Frank G. Murphy of Anderson Kill PC in Philadelphia.

The case was removed to the U.S. District Court for the Eastern District of Pennsylvania on June 4 by the defendant.

U.S. District Court for the Eastern District of Pennsylvania case number 2:19-CV-02430

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Delaware County Court of Common Pleas U.S. District Court for the Eastern District of Pennsylvania

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