PITTSBURGH – Counsel for a West Virginia insurer is seeking sanctions from defendants it said had attempted 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. first 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 included 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 stated.
“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 said.
“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 believed, 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.”
An attorney for Truchock filed an answer to the complaint on May 7, admitting that she is the named insured on the policy in question, but otherwise flatly denying of all the complaint’s allegations.
“The averments contained are not statements of fact, but rather, conclusions of law which require no response. However, insofar that a response is required, same are denied and strict proof is demanded at trial. By way of further response, it is specifically denied that this defendant engaged in any fraudulent activities,” the answer stated, in part.
UPDATE
As the discovery process continued, the defendants provided responses to such inquiries – however, plaintiff counsel found that these responses were not sufficient and filed a motion to compel the defendants to provide more information. The defendants also filed their own counter-motion.
Allegheny County Court of Common Pleas Judge Philip A. Ignelzi granted the plaintiff’s motion to compel on Aug. 10, which explained the defendants were to elaborate on their prior discovery answers by Aug. 30.
However, the plaintiff argued the defendants did not comply with this deadline and sought sanctions against the defendants and their counsel, in a motion seeking same on Sept. 8.
“By order dated Aug. 10, 2021, both defendants were ordered to amend and supplement their prior deficient discovery responses in various manners by Aug. 30, 2021. As of the date of filing of this motion, neither defendant has done so. Accordingly, both defendants stand in violation of this Court’s Aug. 10, 2021 order. Sanctions are warranted in whatever nature and amount this Court deems fit and proper,” the motion for sanctions said.
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 are represented by Michael F. Santicola of Santicola Steele & Fedeles in Beaver and Wayne M. Chiurazzi of the Chiurazzi Law Group, in Pittsburgh.
Allegheny County Court of Common Pleas case GD-21-003441
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com