Insurer says no on BHSI
By Robin Fornoff, Clovis News Journal, N.M. | |
McClatchy-Tribune Information Services |
Travelers Senior Technical Specialist
-- The companies failed to file notice within the 90-day time limit.
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-- All three companies contracted directly with BHSI, not the city.
The decision sets up the possibility of a lawsuit. Garrett said Thursday he still needs to consult with his clients and see if they want to file suit.
The city paid
In his letter, Chance said tort notices filed by Garrett were based on a
"The facts show that the claimants were aware of BHSI's financial problems sometime in 2012," Chance said. "While they didn't have details, we believe that the 90-day time limit (to file notice) was triggered long before November of 2013."
Chance also said none of the companies negotiated or contracted with the city to perform work at the BHSI plant.
"While Travelers and the City both are sympathetic to the plight of your clients," the letter states, "Travelers policy covers claims for which the City would be legally liable. In this case, there is no legal liability and we cannot make any payments."
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