AMERICAN INS. CO. v. CITY OF JAMESTOWN

No. 10-CV-834-A.

914 F.Supp.2d 377 (2012)

The AMERICAN INSURANCE COMPANY, Plaintiff, v. CITY OF JAMESTOWN, Defendant.

United States District Court, W.D. New York.

October 22, 2012.


Attorney(s) appearing for the Case

Charles C. Ritter, Jr. , Duke, Holzman, Photiadis & Gresens, LLP, Buffalo, NY, Douglas B. Fox , Cozen O'Connor, Philadelphia, PA, for Plaintiff.

Marilyn L. Fiore-Nieves , City of James-town-Corporation Counsel, Jamestown, NY, for Defendant.


DECISION AND ORDER

RICHARD J. ARCARA, District Judge.

This action is brought by an insurance company to recover approximately $392,000 it paid to an insured for property damage allegedly caused by municipal negligence. On August 9, 2009, a drainage culvert in Jamestown, New York, became clogged with tree limbs and branches during very heavy rain. Storm water backed up and flooded part of a hospital. The plaintiff, The American Insurance Company ("AIC"),...

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