A North Carolina volunteer fire company whose 1981 aerial ladder truck was damaged at a fire in 2010 has filed suit against its insurance company claiming the insurer has a duty to pay $900,000, the full replacement value of the truck.
Etowah-Horseshoe Volunteer Fire & Rescue Department filed suit in federal court on November 5, 2013 naming American Alternative Insurance Corporation (AAIC) as the sole defendant.
The aerial, a 1981 American LaFrance 75 foot aerial ladder, was damaged at a barn fire on November 24, 2010. The complaint alleges “As a result of an overload event during the fire fight, Ladder 16 sustained a “loss” as defined by the policy, rendering it unusable as ladder truck or aerial.”
According to the complaint, the policy required AAIC to cover “the cost to replace the vehicle with a comparable new vehicle and permanently attached equipment manufactured to standards set by nationally recognized organizations such as the National Fire Protection Association (NFPA)”. The suit seeks a total of $619,088 in damages.
Here is a copy of the complaint. Etowah-Horseshoe