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The Collaborative Clearinghouse for Lawsuits and Other Claims Against ACE Group Insurance Companies

Insurance Company Squabble Lands ACE Unit in Federal Lawsuit

January 10th, 2013 - Two insurers have sued ACE American Insurance Co. in an effort to get it to provide coverage for a client being sued in a slip-and-fall case.

American Fire & Casualty Insurance Co. and Ohio Casualty Insurance Co. both contend that ACE American, and not they, should shoulder defense and indemnity costs associated with a lawsuit against their client, Keystone Asset Management Inc.

American Fire and Ohio Casualty had provided insurance to Lansdale, Pennsylvania-based Keystone in 2010 when Federal National Mortgage Association, also known as Fannie Mae, was sued by Maria Clara Rodriguez. She sued the mortgage company after she reportedly fell on the sidewalk outside a Fannie Mae property in Yonkers, N.Y. that was being managed by Keystone.

Also at that time, ACE American had in force a commercial general liability policy with Fannie Mae. According to the plaintiffs, this means ACE American is the primary insurance provider for Keystone with respect to the Rodriguez suit.

On August 2nd, 2011, Fannie Mae filed a notice of a third party complaint against Keystone in the New York suit.  Fannie Mae asserted that under its contract with Keystone, the latter company was required to maintain and manage the Yonkers property.

Plaintiffs said that Fannie Mae admitted that Keystone was serving as a manager of real estate, and because it was acting in that capacity, it is an insured under the ACE American policy. Therefore, the plaintiffs want the court to declare that ACE American owes Keystone both a defense and indemnity.

The plaintiffs also asked the court to declare that ACE American is the primary insurer for Keystone and Ohio Casualty is the excess carrier
 

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