Opinion
CIV 22-cv-05310(JMF)
09-22-2022
RUTGERS CASUALTY INSURANCE COMPANY, Plaintiff, v. FT HARDWOOD FLOORS & CONSTRUCTION, INC., ROCHDALE INSURANCE COMPANY, 150 WEST 28TH STREET, LLC, BREATHER PRODUCTS U.S. INC., and TBRO'S RENOVATION INC., Defendants
DEFAULT JUDGMENT
Jesse M. Furman, U.S.D.J.
This action having been commenced on June 23, 2022 by the filing of the Summons and Complaint, and a copy of the Summons and Complaint having been personally served on the defendants, FT HARDWOOD FLOORS & CONSTRUCTION, INC., 150 WEST 28 STREET, LLC, BREATHER PRODUCTS U.S. INC., and TBRO'S RENOVATION INC. by service of process on an authorized agent of the Secretary of State of the state of New York on July 5, 2022, and on defendant ROCHDALE INSURANCE COMPANY by service of process on an authorized agent of the New York State Department of Financial Services on July 6, 2022 and proof of service having been filed on July 8, 2022 and August 3, 2022, and the defendants not having answered the Complaint, and the time for answering the Complaint having expired, it is
ORDERED, ADJUDGED AND DECREED: That the plaintiff, Rutgers Casualty Insurance Company, is not obligated to indemnify or defend FT HARDWOOD FLOORS & CONSTRUCTION, INC., ROCHDALE INSURANCE COMPANY, 150 WEST 28 STREET, LLC, BREATHER PRODUCTS U.S. INC., TBRO'S RENOVATION INC., and any other party seeking coverage under the Rutgers Policy of insurance issued to defend FT HARDWOOD FLOORS & CONSTRUCTION, INC. as to the claims asserted or which may arise from the claims asserted in the action captioned Rochdale Insurance Company as assignee of Shakawat Bhiuyan, assignor, v. 150 West 28 th Street, LLC, 150 West 28
Street Suite 404, LLC, Breather Products U.S. Inc., Breather Products Inc., TBRO's Renovation Inc., and “John Doe” Corporation, which includes multiple third-party actions brought against FT Hardwood, pending before the Supreme Court of the State of New York, County of New York, under the Index No. 158679/2019.