DOWNTOWN — An insurance company argues it should not be responsible for any claims or lawsuits made after a Christmas morning fire at Madonna Badger's home in Connecticut that killed her three children and parents.
The Utica First Insurance Co. said that Badger's boyfriend, Michael Borcina, misrepresented the type of work his company, Tiberias Construction, did on the home, including his number of employees, gross annual payroll and the type of work that was done, according to court papers.
"…had Utica First known the true facts, Utica First would not have issued Utica First Primary Policy," the court documents said.
Borcina's attorney expressed dismay over the suit.
"We are very disappointed that Tiberias Construction's insurance company is trying to get out from under its legal obligations," David Grudberg told the Associated Press.
Tiberias Construction made renovations to the $1.7 million home prior to the fire.
The blaze killed Badger's parents, Lomer and Pauline Johnson, and her three children, Lily Badger, 9, and 7-year-old twins, Grace and Sarah Badger.
Investigators theorize the fire started after Borcina placed ashes from the fireplace next to trash in the entranceway to the house so the children would not be concerned about Santa Clause having enough room to come down the chimney.
The suit was filed in Manhattan Supreme Court against Madonna and Wade Badger, who are now divorced, Michael Borcina, Wade Johnson, Madonna's brother and the estates of the three children.
Utica First said in court papers that it only cover firms with five or fewer employees and a maximum annual payroll of $200,000.
The insurance company said that Tiberias Construction has a gross annual payroll of $240,000 and 10 full-time employees, court papers allege.