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i. Historic Preservation Commission Of South Bend And St. Joseph County i" noor 125 South Lafayette Street South Bend, IN 46501 Insurance Risk Manaqement Financial Services Since 1958 August 29, 2012 RE: Avon Theater Deterioration As the insurance agent for the St. Joseph County Library System, I am writing to urge the Commission to drop the proposal to declare this building a historical landmark and allow the Library Board to proceed with demolition of the building based on several points as outlined -below: A.] The recent fall of materials from the facade of the building as outlined in the attached South Bend Tribune article dated August 28, 2012 as well as the referenced engineering report In the article Indicating that other sections of the facade are loose and could also fall. This situation creates tremendousi exposure for injury to people who may be anywhere close to the front area of the theater as well as persons using the alley at the rear of the theater; patrons of the library passing to and from the library; and both the Library Board and the Commission since everyone has knowledge of a weakened structure and not being allowed to take the appropriate steps to correct the situation. Granted, as outlined, the Board of Public Works enacted some temporary measures to limit access to the area in front but these are temporary measures only and are not permanent solutions to eliminate the exposure. B.] Coverage A of our Comprehensive General liability policy [same in all CGL policies] reads "we will pay those sums that the Insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this policy applies_.." Legal liability is liability imposed on person or entity responsible for damage or financial Injury suffered by another party and can arise from intentional acts, unintentional acts, contracts and negligence. This means that if we have knowledge of a potential problem and fall to correct it [for whatever reason], it may be argued that the Library and the Commission could be guilty of negligence and legally liable [thus, opening everyone up to lawsuits with not many defenses] should there be a serious injury to someone arising out of falling materials at this site. r*.r 331 South Eddy Street • P.O. Box 1975 • South Bend, IN 46634 Choice -Tel: (574) 234-7788 • Fax: (574) 233-2522 • Web: www.leeinsurenceFoup.com