Jones
Jones v. St. Paul Travelers
Opinion
Opinion
Illston, J.
ORDER DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT
On June 22, 2007, the Court heard oral argument on defendants’ motion for summary judgment. Having considered the arguments of counsel and the papers submitted, the Court hereby DENIES defendants’ motion for the reasons set forth below.
BACKGROUND
On or about March 6, 2001, plaintiff Jocelyn Jones suffered the loss of a portion of her arm while operating machinery at her workplace. Pis.’ Resp. to Uncontro-verted Facts ¶ 16. On or about March 3, 2003, plaintiffs filed a personal injury suit in Georgia against defendants’ insured, Watkins Engineers & Constructors, Inc., (“Watkins”) for negligent maintenance of the machine that caused plaintiffs injury. Id. ¶¶23, 24. By letter dated April 23, 2003, Len Baumann at Marsh Risk & Insurance Services, informed St. Paul of plaintiffs’ personal injury suit and provided St. Paul with a copy of the complaint. Id. ¶26. Mr. Baumann noted that the complaint could not be prosecuted against Watkins due to the company’s bankruptcy proceeding. Id. ¶26. This was the first notice St. Paul received about plaintiffs accident. Id. ¶ 27.