PITTSBURGH – A West Virginia insurer alleges that possible collusion between the defendants is attempting to perpetrate a fraud upon the company, in an underlying lawsuit relating to coverage upon a fatal accident.
Municipal Mutual Insurance Company of West Virginia of Wellsburg, W.Va. filed suit in the Allegheny County Court of Common Pleas on April 6 versus Lisa Ulizzi-Truchock of Uniontown, and Caroline A. Ulizzi (Administratrix of the Estate of Michael T. Ulizzi, deceased), of McKees Rocks.
Truchock is the named insured under an insurance policy issued to her by Municipal Mutual at Policy No. 1156-308 with effective dates of coverage of July 18, 2018 through July 18, 2019. The policy includes liability insurance coverage carrying $100,000 per occurrence liability limits.
“On or about May 21, 2019, on behalf of the Estate of Michael T. Ulizzi, Lisa Ulizzi filed a wrongful death lawsuit against Truchock in the Court of Common Pleas of Allegheny County, Pennsylvania (the underlying action, at GD-19-007494), arising out of the decedent’s death that allegedly occurred as the result of a Nov. 5, 2018 accident in which the decedent fell off the roof of a structure located at 221 Singer Avenue, McKees Rocks, Pennsylvania 15136,” the suit states.
“Upon information and belief, the decedent was Truchock’s father and Ulizzi is Truchock’s mother. The complaint in the underlying action alleged that Truchock owned the subject premises, and further alleged that Truchock’s father, the decedent, ‘attempted to access the roof and chimney area at 221 Singer Avenue, McKees Rocks, Pennsylvania 15136 and fell to his demise.”
Truchock submitted the complaint to Municipal Mutual, seeking coverage and a defense. Municipal Mutual appointed Thomas O. Vreeland from Bassi Vreeland & Associates to represent Truchock in the underlying action.
“On Feb. 19, 2020, Ulizzi’s counsel propounded a set of written discovery upon Truchock by serving it on attorney Vreeland. The discovery included plaintiff’s requests for admissions,” the suit says.
“The discovery requested that Truchock admit all of the following: ‘That defendant Lisa Ulizzi-Truchock was at fault for this incident’; That Truchock ‘knew or should have known that her father, the decedent, should not, voluntarily or otherwise, access the roof and chimney area at 221 Singer Avenue, McKees Rocks, Pennsylvania 15136’; that Truchock ‘had the ability to stop or provide safeguards to the decedent from accessing the roof and chimney area’; and ‘that defendant’s failure to stop the decedent or provide safeguards led to decedent’s injuries and eventually death.”
Upon information and believe, Truchock implored Vreeland to admit these requests for admission, which he refused to do. Vreeland later withdrew as counsel on Dec. 17, and the plaintiff has been called upon to appoint new counsel for Truchock in the underlying case.
The plaintiff believes, given the familial connections between the defendants, there is collusion “for the nefarious purpose of attempting to establish liability on Truchock’s part and, in turn, attempting to manufacture duty on the part of Municipal Mutual to pay a large judgment.”
“Truchock’s conduct threatens to perpetrate a fraud upon both Municipal Mutual and this Court. Municipal Mutual prays that the underlying action be stayed pending disposition of this declaratory judgment action, so that Truchock cannot perpetrate said fraud upon Municipal Mutual and this Court,” per the suit.
“In addition, by virtue of her plain and obvious breach of her duties to cooperate with Municipal Mutual and assert all available valid defenses to the subject claims being levied against her, Municipal Mutual seeks a declaration that Truchock has forfeited any and all rights to insurance coverage under the policy to which she would otherwise be entitled. If immediate action is not taken to foreclose Truchock’s effort at perpetrating fraud on Municipal Mutual and this Court, immediate and irreparable injury will result.”
For a count of requesting declaratory relief, the plaintiff is seeking an order staying the underlying case pending the outcome of this action, a declaration that Municipal Mutual owes no further defense or coverage obligations whatsoever with regard to the claims asserted against Truchock in the underlying action and any and all other relief justice affords.
The plaintiff is represented by Avrum Levicoff, Edward I. Levicoff and Lawrenz Fares of The Levicoff Law Firm, in Pittsburgh.
The defendants have not yet secured legal counsel.
Allegheny County Court of Common Pleas case GD-21-003441
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com