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

Motorist Dead: ACE Sues to Deny Coverage

June 1, 2012 - ACE American Insurance Co. has sued a former Fort Worth narcotics officer who was drunk off-duty when his vehicle struck another, killing its driver, in an effort to quit defending him in a lawsuit filed over the accident.

The ACE Group unit filed suit in U.S. District Court in Fort Worth, Texas, against ex-cop Jesus Cisneros. Also named was Mario Baker, personal representative of the estate of accident victim Sonia Baker.

ACE American did not sue Enterprise Rent-A-Car Co., to whom it had issued an excess business auto policy that was in effect on Dec. 11, 2009, the day when Baker was killed. Her car had been struck by a Toyota Highlander being driven at high speed by Cisneros. According to the lawsuit, police examined blood of Cisneros and found him to have a blood-alcohol concentration of .17%, twice the state limit in Texas.

Baker’s estate and relatives sued Cisneros. ACE American currently is providing a defense to Cisneros, subject to a reservation of rights. Now, ACE American wants to end that and filed the suit to obtain a court order that it does not have a duty to defend Cisneros or pay any judgment against him that might occur.

ACE American’s suit said that the underlying lawsuit from Baker’s family does not contain allegations that fall within the agreement of its excess policy. Further, it said that Cisneros does not qualify as an insured under terms of that policy, and that he was operating the vehicle illegally while under the influence of alcohol. Nor was he authorized to drive the car at the time of the accident.

Cisneros was sentenced to 20 years in prison, the maximum, after pleading guilty to intoxication manslaughter.

Like us on facebook!

Please note that article images are for illustrative purposes only. Images do not necessarily depict the actual facts, events, or people discussed in this story.