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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 f) /~ / 51 00/ 03 ~ ZURICH ~; 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