Roof Saga Continues

Lackawanna County’s lawsuit against the companies that insured the 17,500-capacity Toyota Pavilion at Montage Mountain in Moosic, Pa., when its roof collapsed under heavy snow in February 2007 is far from over, with both sides in court for preliminary hearings March 5.

The lawsuit, filed in April 2008, claims breach of contract, insurance bad faith, breach of fiduciary duty and negligence against Housing and Redevelopment Insurance Exchange, Foxco Insurance Management Services and others. The suit seeks $1.6 million spent to replace the pavilion’s canvas roof as well as related repair work, according to the area’s Times-Tribune.

The insurance companies’ countersuit alleges fraud and conspiracy by county officials for filing a claim when they allegedly knew the policy was canceled, the paper said.
The dispute revolves around whether the shed was insured at the time of the roof collapse. Former commissioners Robert Cordaro and A.J. Munchak reportedly didn’t file a claim at the time; when a new administration submitted the claim, it was turned down.

Charles Volpe, president of Foxco, previously told the Times-Tribune that Cordaro was informed in February 2006 the shed insurance was canceled when the Montage Ski Resort was sold the previous November. Both venues were under the same insurance policy.

However, the county claims no authorized party was involved in the cancellation of the insurance, so the policy was still in effect.