ILNews

Simon sues insurance companies over fatal escalator accident

Scott Olson
June 27, 2014
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Simon Property Group Inc. has filed suit against two insurance companies in an attempt to recoup damages relating to an escalator accident at Circle Centre mall in 2009 that led to the death of a Texas FFA delegate.

Simon, along with its Circle Centre Mall LLC entity, is suing Schaumburg, Ill.-based Zurich American Insurance Co. and Greensburg, Pa.-based Old Republic Insurance Co. in Marion Superior Court for unspecified damages.

The two firms insured escalator servicer Schindler Elevator Corp. at the time of the fall in October 2009. Police reports at the time said Philip Caler, a Texas FFA delegate in Indianapolis for the agricultural organization’s national convention, suffered critical injuries when he fell about 40 feet from an escalator near the third floor of the mall.

Caler, 20, died in September 2013 from his injuries, which included damage to his spine and brain.

In 2011, Caler’s parents filed suit against Simon, the mall, and the escalator company, among others, seeking damages due to their negligence, according to Simon’s complaint against the insurance companies.

Simon and Circle Centre settled the suit in July 2013 with help from their insurance company, XL Insurance America Inc. But Simon and Circle Centre claim in their complaint against Zurich and Old Republic that the two insurance companies failed to follow through on promises that they also would provide coverage to help with losses.

“As a result, Circle Center and Simon have been forced to institute this action to recover what should have been routine payments under the applicable policies,” their lawyer, Gregory A. Neibarger of Bingham Greenebaum Doll LLP, wrote in the complaint.

Reached by phone, Neibarger declined to comment further. Representatives of Zurich and Old Republic did not immediately respond to requests for comment from Indianapolis Business Journal on Friday.

Simon and Circle Centre are suing for breach of contract and bad faith.
 

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  1. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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