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

ACE AMERICAN INSURANCE COMPANY ET AL VS SOUTHERN CA EDISON

ATTENTION: It is possible that this information may no longer be current and therefore may be inaccurate. The index contains both open and closed cases and is not a complete list of cases in which an ACE Insurance Group company is involved. This information is provided to give interested persons an idea of the issues disputed in the indexed cases. For a full understanding of a case, one should read the rest of the court file, including the response. For the most up-to-date and complete information on a case, visit www.pacer.gov or contact the clerk of the relevant court.

Case Number: 
BC472950 Search Pacer
ACE Group party(s): 
Opposing Party: 
ACE AMERICAN INSURANCE COMPANY
Court Type: 
Federal
Date Filed: 
Nov 4 2011

"FIRST CAUSE OF ACTION - Negligence (Against All Defendants)

21. Plaintiffs re-allege and incorporate herein by reference paragraphs 1 through 20, inclusive, of this Complaint as though fully set forth herein.

22. At all pertinent times herein, Defendants and each of them, had a non-delegable duty to inspect and maintain their electrical transmission and distribution lines to ensure that they were safe and clear from dangerous conditions. The specific and non-delegable duties of SCE and Does 1 thorough 50 and each of them are set forth in California Public Utilities Commission General Order 95 and California Public Utilities Commission General Order 2165, and are incorporated herein by reference.

23. At all times material herein, Defendants SCE and Does 1 through 50, and each of them, breached their duties by failing to properly inspect, repair, remove, and/or maintain high voltage distribution lines and supporting poles such that Defendants and each of them allowed at least one distribution line to fall.

24. On or about November 14, 2008, one or more SCE high voltage distribution lines broke and fell to the ground, causing nearby brush to ignite, resulting in the Sayre Fire.

25. The negligence of Defendants, and each of them, was a substantial factor in causing Plaintiffs' damages alleged herein.

26. The violations of California Public Utilities Commission General Order 95 and California Public Utilities Commission General Order 2165 by Defendants were a substantial factor in causing Plaintiffs' damages as alleged herein, and the damages alleged herein are of the nature which these orders were intended to prevent.

SECOND CAUSE OF ACTION - Inverse Condemnation (Against All Defendants)

27. Plaintiffs re-allege and incorporate herein by reference paragraphs 1 through 26, inclusive, of this Complaint as though fully set forth herein.

28. At all times material herein, Defendants were an electrical corporation and/or public utilities with eminent domain power who designed, constructed, owned, operated, controlled and were responsible for the maintenance of high voltage transmission and distribution lines and supporting poles that were used for a public purpose.

29. At all times material herein, the high voltage transmission lines and supporting poles were and are a public improvement deliberately designed and constructed for the purpose of transmitting electric power to the public.

30. At all material times herein, the high voltage transmission and distribution lines and supporting poles as deliberately designed, constructed and maintained by Defendants SCE and Does 1 through 50 and each of them, caused and/or permitted the occurrence of electrical failures that ignited the Sayre Fire. The foregoing occurrences directly and legally resulted in a "taking" of property in accordance with Plaintiffs' damages as alleged herein.

31. The "taking" of property as alleged herein, causing Plaintiffs damages, includes permanently depriving Plaintiffs' insured, LADWP, of the use and enjoyment of its property. As a direct result of the "taking" of the property, Plaintiffs paid their insured for a portion of its damages and have not received just compensation. Plaintiffs have also been forced to incur other costs and fees as a result of Defendants' actions.

THIRD CAUSE OF ACTION - Nuisance (Against All Defendants)

32. Plaintiffs re-allege and incorporate by reference herein each of the allegations set forth in paragraphs I through 32, inclusive, of this Complaint as though fully set forth herein.

33. Defendants' improper use, maintenance, construction, inspection and design of the high voltage lines constituted a nuisance. The improper use of these items as alleged herein increased the hazard of fire occurring and spreading from the Defendants' property to that of Plaintiffs' insured.

34. Such conduct created a nuisance as a hazard.

35. The acts of the Defendants, and each of them, caused a fire to enter onto the property of the Plaintiffs' insured, LADWP, interfering with its use and enjoyment of that property. Plaintiffs and each of them were forced to reimburse their insured for the loss of the use and enjoyment of its property as a direct and proximate result of the aforesaid conduct.

FOURTH CAUSE OF ACTION - Trespass (Against AH Defendants)

36. Plaintiffs re-allege and incorporate herein by reference paragraphs 1 through 35, inclusive, of this Complaint as though fully set forth herein.

37. At all material times, Plaintiffs' insured was the owner, tenant and/or lawful occupier of real property damaged by the Sayre Fire.

38. At all times material herein, the acts of Defendants and each of them, caused the Sayre Fire to enter onto Plaintiffs' insured's properties.

39. Plaintiffs' insured did not grant permission for Defendants, and each of them, to cause the Sayre fire to enter their property.

40. As a direct and proximate result of the trespass of Defendants, Plaintiffs suffered the damages alleged herein."

The provided text is an excerpt from a document filed in this case. For a full understanding of the case, one should read the complete court file, including the response.

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