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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,
v.
ZURICH AMERICAN INSURANCE COMPANY, a New York Corporation, f/k/a ZURICH INSURANCE COMPANY, Defendant.

          OPINION AND ORDER

          ANDREW P. RODOVICH UNITED STATES MAGISTRATE JUDGE.

         This 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.

         Background

         The 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 consent.
10. The underlying claims are not covered under any Zurich policies to the extent that such claims did not arise out of an occurrence.
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 policies.
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 policies.
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 policies.
18. Plaintiff's claims are barred to the extent it is found that Plaintiff incurred unreasonable and/or inappropriate costs to defend or indemnify ...

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