ST0003-CS090416
Zurich American Insurance Co.
Dallas Express
PO 80x 968023
Schaumburg. IL
60196-8023
Telephone: (866) 828-6816
Fax: (866) 689-8972
http://www.zurichna.com
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ZURICH
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April 16, 2009
Via Certified Mail - Return Receipt Requested
70081140000283120919
North Texas Contracting
PO Box 468
Keller, TX 76244
Re:
Claim #:
Insured:
Date of Loss:
Claimant:
9720062577-001
Tiseo Paving Company, Inc.
06-01-2008
Teymoor Rashid
Dear Sirs:
Zurich is the general liability carrier for Tiseo Paving Company. The
purpose of this letter is to place you on notice of this claim and to make
a demand upon you to assume the defense and indemnity of our named
insured at your sole cost and expense.
The facts briefly stated are, as we know them, claimant is alleging that
excavation work performed by your company adjacent to his property
adversely affected the structural integrity of his home. Mr. Rashid's
property is at 501 Halifax Lane, Coppell, Texas.
Our insured and North Texas Contracting entered into a contract
containing an indemnity and hold harmless agreement that requires
your company to defend, indemnify and hold harmless our insured as
well as the City of Coppell. The contract also contains a provision that
requires North Texas Contracting name our insured and the City of
Coppell as additional insureds under its general liability policy. This
tender is being made under the terms of that contract and in accordance
with the indemnity and hold harmless agreement. A copy of the signed
contract is enclosed for reference.
This contract entitles Tiseo Paving and the City of Coppell to defense
an1 indemnityrega!~~ess of wh.~t~.~~Y()llr~?y~~!.ig_at~o~, or_X~ll~.il!.~llr:.~~lce _
carner's investigation determines that Mr. Rashid's claim is without merit.
If you fail, refuse, or neglect to undertake the defense and indemnity of
our insured, you will be deemed bound by the results of the trial should
one result thereafter, and an action will be brought against you by our
insured for the amount of the judgment, interest, court costs, investigative
and trial expenses, and attorney's fees, all of which were necessarily
incurred as a result of your failure to take over the defense and handling of
this claim.
If you have not already done so, please refer this matter to your insurance
carrier immediately.
If you have any questions, please contact me. Please include our claim
number on all forms of communication.
Very truly yours,
Zurich American Insurance Co.
71PNJL
Phil Walters
Senior Claim Specialist
(214) 866-1144
Enclosure
cc: Mullis Newby Hurst
Tiseo Paving
City of Coppell