Insurers litigate for recovery of damages in restaurant incident

By Carol Ostrow | Jun 24, 2015

Two insurance companies and a building owner/manager are suing a restaurant business, alleging breach of contract in the aftermath of a 2010 accident.

Sentinel Insurance Company, Hartford Fire Insurance Company, as subrogee of Zeller-500 Michigan, and Zeller Management Corporation filed a lawsuit June 23 in Cook County Circuit Court against Purple Pig Cheese Bar and Pork Store, alleging breach of insurance coverage in a 2010 incident.

According to the filing, restaurant patron Judith Borchardt alleged injuries in an unspecified May 27, 2010, accident on the defendant’s leased premises at 500 N. Michigan Ave., Chicago. The suit states Purple Pig had failed to procure insurance coverage for the Zeller Entities, which owned their leased real property, and, consequently, Zeller tendered its defense of the complaint to Hartford.

The lawsuit states Hartford Fire Insurance is subrogated to the rights of Zeller to pursue all rights of recovery. According to the filing, Hartford has been damaged in excess of $35,000 in costs and fees on Zeller's behalf regarding Borchardt’s complaint.

The plaintiffs seek damages in excess of $35,000 plus attorney fees and costs. They are represented by attorney Timothy McMahon and Kristen Schank of Wiedner & McAuliffe in Chicago.

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