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Landisᦄ Inc. v. Zurich American Insurance Co.
United States District Court, N.D. Indiana, LaFayette Division
March 10, 2017
LANDISᦄ INC., a Delaware Corporation, f/k/a LANDIS & GYR METERING, INC., Plaintiff,
ZURICH AMERICAN INSURANCE COMPANY, a New York Corporation, f/k/a ZURICH INSURANCE COMPANY, Defendant.
OPINION AND ORDER
P. RODOVICH UNITED STATES MAGISTRATE JUDGE.
matter is before the court on the Motion to Strike [DE 14]
filed by the plaintiff, Landisᬪ Inc., on December 29,
2016. For the following reasons, the motion is GRANTED.
plaintiff, Landisᬪ, filed its Complaint against the
defendant, Zurich American Insurance Company, on October 7,
2016, for allegedly denying insurance coverage, in bad faith,
for a long-standing environmental liability claim. Zurich
filed its Answer on December 8, 2016. Landisᬪ has
requested that the court strike the following affirmative
defenses included in Zurich's Answer:
9. Zurich would have no obligations under any Zurich policies
where Plaintiff voluntarily made any payment, assumed any
obligation, or incurred any expense without Zurich's
10. The underlying claims are not covered under any Zurich
policies to the extent that such claims did not arise out of
11. The underlying claims are not covered under any Zurich
policies to the extent that the purported property damage did
not occur during the policy periods of the Zurich policies.
12. The Zurich policies do not provide any insurance coverage
to any entity which is not specifically insured under such
13. The underlying claims are not covered under any Zurich
policies to the extent such claims do not seek damages within
the meaning of such policies.
14. The Zurich policies do not provide coverage for fines,
penalties, punitive and/or exemplary and/or treble damages
for the actions and conduct of the insured. There also is no
coverage under any Zurich policies for an insured's acts
and conduct in violation of state and/or federal law.
15. To the extent that Plaintiff or any alleged insured has
failed to mitigate, minimize or avoid any damage allegedly
sustained, and/or to the extent that Plaintiff's claims
seek coverage for damages incurred as a result of Plaintiff
or any alleged insured's failure, in the event of an
accident or occurrence, to take reasonable steps to prevent
or mitigate damages, Zurich has no obligation under its
16. Any coverage for the underlying claims is barred, in
whole or in part, by the provisions, terms, condition,
exclusions, and limitations which are contained in or
incorporated by any Zurich policies.
17. Plaintiff's claims against Zurich are or may be
barred to the extent that the insured has failed to perform
all of the obligations, covenants and conditions precedent
and conditions subsequent applicable under any Zurich
18. Plaintiff's claims are barred to the extent it is
found that Plaintiff incurred unreasonable and/or
inappropriate costs to defend or indemnify ...