Free Answer to Complaint - District Court of Delaware - Delaware

Case 1:07-cv-00014-MPT

Document 8

Filed 02/19/2007

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE FIREMAN'S FUND INSURANCE COMPANY, A/S/O TRANSMAR COMMODITY GROUP, LTD., Plaintiff, v. UNITED COCOA PROCESSOR, INC., Defendant. ) ) ) ) ) ) ) ) ) ) )

Case No.: 07-014

TRIAL BY JURY OF TWELVE DEMANDED

ANSWER OF DEFENDANT UNITED COCOA PROCESSOR, INC. WITH AFFIRMATIVE DEFENSES 1. Denied. After reasonable investigation, answering Defendant is without sufficient

knowledge or information to form a belief as to the truth or falsity of the allegations contained herein and same are deemed denied with strict proof thereof demanded at the time of trial. 2. Denied. After reasonable investigation, answering Defendant is without sufficient

knowledge or information to form a belief as to the truth or falsity of the allegations contained herein and same are deemed denied with strict proof thereof demanded at the time of trial. 3. 4. Admitted. Denied. After reasonable investigation, answering Defendant is without sufficient

knowledge or information to form a belief as to the truth or falsity of the allegations contained herein and same are deemed denied with strict proof thereof demanded at the time of trial. 5. Denied. After reasonable investigation, answering Defendant is without sufficient

knowledge or information to form a belief as to the truth or falsity of the allegations contained herein and same are deemed denied with strict proof thereof demanded at the time of trial.

Case 1:07-cv-00014-MPT

Document 8

Filed 02/19/2007

Page 2 of 4

6.

Admitted as to the date and location of the fire at the facility. The remaining

allegations are denied. 7. 8. Denied. Denied. After reasonable investigation, answering Defendant is without sufficient

knowledge or information to form a belief as to the truth or falsity of the allegations contained herein and same are deemed denied with strict proof thereof demanded at the time of trial. 9. Answering defendant here incorporates its responses to paragraphs 1 through 8

herein by reference. 10. Denied. The allegations contained herein are denied as conclusions of law to

which no responsive pleadings are required. 11. Denied. After reasonable investigation, answering Defendant is without sufficient

knowledge or information to form a belief as to the truth or falsity of the allegations contained herein and same are deemed denied with strict proof thereof demanded at the time of trial. WHEREFORE, the answering defendant respectfully request that this cause of action against them be dismissed with prejudice. FIRST AFFIRMATIVE DEFENSE Plaintiff's Complaint fails to state a claim upon which relief can be granted. SECOND AFFIRMATIVE DEFENSE Plaintiff's causes of action may be barred in whole or in part by the execution of a general release. THIRD AFFIRMATIVE DEFENSE If Plaintiff sustained the injuries as alleged in their Complaint, which is herein strictly denied, then they were caused by the acts or omissions of entities/individuals over which/whom

Case 1:07-cv-00014-MPT

Document 8

Filed 02/19/2007

Page 3 of 4

Answering Defendant had no control nor legal duty to control. FOURTH AFFIRMATIVE DEFENSE At all times material hereto, Answering Defendant acted with due care and proper care under the circumstances. FIFTH AFFIRMATIVE DEFENSE Plaintiff has failed to mitigate their damages. WHEREFORE, Answering Defendant respectfully requests that this cause of action against them be dismissed with prejudice. REGER RIZZO KAVULICH & DARNALL LLP

/s/ Louis J. Rizzo, Jr., Esquire Louis J. Rizzo, Jr., Esquire Delaware State Bar I.D. No. 3374 1001 Jefferson Plaza, Suite 202 Wilmington, DE 19801 (302) 652-3611 Attorney for Defendant Dated: February 19, 2007

Case 1:07-cv-00014-MPT

Document 8

Filed 02/19/2007

Page 4 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE FIREMAN'S FUND INSURANCE COMPANY, A/S/O TRANSMAR COMMODITY GROUP, LTD., Plaintiff, v. UNITED COCOA PROCESSOR, INC., Defendant. ) ) ) ) ) ) ) ) ) ) )

Case No.: 07-014

TRIAL BY JURY OF TWELVE DEMANDED

CERTIFICATE OF SERVICE I, the undersigned, do hereby certify on this 19th day of February, 2007 that a true and correct copy of the Answer of Defendant United Cocoa Processor, Inc. with Affirmative Defenses has been served electronically and by first class mail, postage prepaid, upon the following: Michael K. Tighe, Esquire Tighe & Cottrell, P.A. 704 North King Street, Suite 500 P.O. Box 1031 Wilmington, DE 19899 William Mullin, Esquire Graham, Miller, Neandross, Mullin & Roonan, L.L.C. 2350 Broadway New York, New York 10024

REGER RIZZO KAVULICH & DARNALL LLP

/s/ Louis J. Rizzo, Jr., Esquire Louis J. Rizzo, Jr., Esquire Delaware State Bar I.D. No. 3374 1001 Jefferson Plaza, Suite 202 Wilmington, DE 19801 (302) 652-3611 Attorney for Defendant Dated: February 19, 2007

Case 1:07-cv-00014-MPT

Document 8-2

Filed 02/19/2007

Page 1 of 1