Denny
Nichols, President of the Recreation Centers of Sun City, Inc. Board of
Directors, is pleased to announce that the U.S. District Court has
denied Cincinnati Insurance Company’s motion for summary judgment on the
rejection of RCSC’s claim for the Sundial Recreation Center roof
collapse. RCSC’s cross-motion for summary judgment on coverage was
granted, indicating that the damage is covered under RCSC’s insurance
policy with Cincinnati.
In summary judgment, a court makes a determination or judgment about a
case without a full trial. After denying RCSC’s claim for the Sundial
roof collapse on February 12, 2007, Cincinnati Insurance filed a motion
for summary judgment. The motion sought a declaration that Cincinnati
owed RCSC nothing under the insurance policy. RCSC filed a counterclaim
for breach of contract and filed a cross-motion for summary judgment on
the issue of coverage. Cincinnati Insurance’s motion was entirely denied
and RCSC’s cross-motion on the issue of coverage was granted.
President Nichols expressed RCSC’s satisfaction about the decision. “We
are very pleased with this news,” he said. “There are still some other
claims that remain to be worked out, but RCSC has been vindicated with
this ruling. The Sundial collapse should have been covered, and the
court has recognized that.” Nichols added that the amount of damage that
was covered and which should be paid was not determined by this court.
According to him, it is expected that the amount will be decided in a
subsequent proceeding or settlement.
The Sundial repair project continues to progress and has an expected
completion date of August 2008.
Contact: Lindsay Frost, RCSC Communications Coordinator
623-876-3060, ext. 3087;
