Midland Meadows wants claims covered by insurance

By Whitney Brakken | Nov 8, 2013

HUNTINGTON - A senior living center is seeking a declaratory judgment after construction was improperly completed.

Midland Meadows Senior Living LLC filed a petition for declaratory judgment in the United States District Court in the Southern District of West Virginia at Huntington on Oct. 24, against First Mercury Insurance Co. and Arcon Group Inc.

The plaintiff states that it entered into a construction contract with Arcon to build a senior living facility, but there were numerous problems with the construction, including, but not limited to, mold, lack of sump pumps, improper ditching, improper floor construction, lack of insulation and lack of water to the dining room.

As a result of these issues, the plaintiff has filed a lawsuit, which is pending in Cabell County, according to the petition. The plaintiff states, at the time of construction, First Mercury issued Arcon numerous insurance policies covering bodily injury and property damage.

Midland Meadows Senior Living is seeking a judgment finding that the underlying lawsuit claims are covered under the policies. The plaintiff is being represented by attorneys Randall L. Trautwein and Michael L. Powell of Lamp Bartram Levy Trautwein & Perry PLLC.

United States District Court in the Southern District of West Virginia Case No. 3:13-cv-26563

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