American Empire Surplus Lines Insurance Company v. A & S Construction of NY Inc.

Filing 20

DEFAULT JUDGMENT: Accordingly, it is ORDERED and ADJUDGED that American Empire has judgment against A&S in the sum of $75,501, the amount claimed, plus interest in the sum of $10,927.99, with $500.00 costs and disburseme nts, and attorney fees in the sum of $5,428, amounting in all to the total sum of $92,356.99 and that American Empire have execution therefor; and it is further hereby ADJUDGED AND DECLARED that if A&S does not pay the amount owed, A merican Empire has no duty to defend and/or indemnify A&S, or any other person or entity seeking coverage under Commercial General Liability insurance policy, bearing Policy No. 17CG0215883, and Commercial Excess Liability policy, beari ng Policy No. 17CX0216158, for the policy period October 8, 2017 to October 8, 2018, relative to any occurrence, offense, claim or suit which has been or may be reported to American Empire. IT IS FURTHER ORDERED and ADJUDGED that American Empire has judgment declaring that A&S is directed to submit to the premium audit required under American Empire Commercial General Liability insurance policy, bearing Policy No. PL2644588, for the period October 8, 2018 to October 8, 20 19 (the "American Empire 2018 Policy"). In the event A&S does not comply with the audit, American Empire has judgment declaring that American Empire has no duty to defend and/or indemnify A&S, or any other person or entity seeking coverage under the American Empire 2018 Policy, relative to any occurrence, offense, claim or suit which has been or may be reported to American Empire. A & S Construction of NY Inc. terminated. (Signed by Judge Edgardo Ramos on 10/13/2020) (Attachments: # 1 Appeal Package) (mro)

Case 1:20-cv-01123-ER Document 20 Filed 10/13/20 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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AMERICAN EMPIRE SURPLUS LINES
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INSURANCE COMPANY
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Plaintiff,
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-against:
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A & S CONSTRUCTION OF NY INC.,
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Defendant.
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Case No. 20-cv-1123 (ER)

DEFAULT JUDGMENT

DEFAULT JUDGMENT

On the below date, the Court considered the Motion for Default of plaintiff, American
Empire Surplus Lines Insurance Company (“American Empire”), against defendant A & S
Construction of NY Inc. (“A&S”). The Court Clerk issued a Certificate of Default on August 6,
2020. After considering the Court’s file, proof of service, and the grounds for judgment, as well
as any evidence introduced at hearing, the Court GRANTS the Motion for Default Judgment.
Accordingly, it is
ORDERED and ADJUDGED that American Empire has judgment against A&S in the
sum of $75,501, the amount claimed, plus interest in the sum of $10,927.99, with $500.00 costs
and disbursements, and attorney fees in the sum of $5,428, amounting in all to the total sum of
$92,356.99 and that American Empire have execution therefor; and it is further hereby
ADJUDGED AND DECLARED that if A&S does not pay the amount owed, American Empire
has no duty to defend and/or indemnify A&S, or any other person or entity seeking coverage under

Commercial General Liability insurance policy, bearing Policy No. 17CG0215883, and

Case 1:20-cv-01123-ER Document 20 Filed 10/13/20 Page 2 of 2

Commercial Excess Liability policy, bearing Policy No. 17CX0216158, for the policy period
October 8, 2017 to October 8, 2018, relative to any occurrence, offense, claim or suit which has
been or may be reported to American Empire.
IT IS FURTHER ORDERED and ADJUDGED that American Empire has judgment
declaring that A&S is directed to submit to the premium audit required under American Empire
Commercial General Liability insurance policy, bearing Policy No. PL2644588, for the period
October 8, 2018 to October 8, 2019 (the “American Empire 2018 Policy”). In the event A&S
does not comply with the audit, American Empire has judgment declaring that American Empire
has no duty to defend and/or indemnify A&S, or any other person or entity seeking coverage
under the American Empire 2018 Policy, relative to any occurrence, offense, claim or suit which
has been or may be reported to American Empire.

Dated: New York, New York
October 13, 2020
By:____________________________
United States District Judge

This document was entered on the docket
on October 13, 2020.