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

ACE AMERICAN INSURANCE COMPANY v. ALI

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: 
5:14-cv-00271 Search Pacer
ACE Group party(s): 
Court Type: 
Federal
US District Court: 
Northern District of California
Date Filed: 
Jan 16 2014

FIRST CLAIM FOR RELIEF
(Rescission of Marine Insurance Policy for Misrepresentation and Concealment)
20. ACE realleges as though set forth herein the allegations of paragraph 1
through 19 above, including all subparagraphs.
21. As a result of the intentional or unintentional concealments and
misrepresentations of facts set forth above, ACE hereby exercises its rights under the
doctrine of utmost good faith or uberrimae fidei, which is required of all parties to
marine insurance policies, including the insured and his agents and representatives, and
as provided for by federal maritime law, and by California Insurance Code §§ 1900 -
1904, which is completely harmonious with, and materially the same as, federal
maritime law on this issue, to rescind the maritime insurance policy, in its entirety
against all persons or entities claiming an entitlement to benefits under the Policy.
22. ACE has returned, or will in the near future return, all premiums paid to
ACE by Defendant on the Policy.
23. ACE has suffered and will continue to suffer irreparable and substantial
harm if the Policy is not so rescinded.
SECOND CLAIM FOR RELIEF
(Voiding of Marine Insurance Policy for Misrepresentation and Concealment)
24. ACE realleges as though set forth herein the allegations of paragraphs 1
through 23 above, including all subparagraphs.
25. At all material times the Policy contained, under the heading "GENERAL
CONDITIONS AND EXCLUSIONS", in clear and conspicuous language, the
following unambiguous provision:
CONCEALMENT, MISREPRESENTATION OR FRAUD: All coverage
provided by us will be voided from the beginning of the Policy Period if
you intentionally conceal or misrepresent any material fact or
circumstance relating to this contract of insurance, or the application for
such insurance, whether before or after a loss.
26. As a result of the intentional and unintentional concealments and
misrepresentations of material facts as set forth above, ACE hereby exercises its rights
to void the insurance policy in its entirety against all persons or entities claiming an
entitlement to benefits under the Policy.
27. ACE has suffered and will continue to suffer irreparable and substantial
harm if the Policy is not so voided.
THIRD CLAIM FOR RELIEF
(Declaratory Relief Under 28 U.S.C. §§ 2201, et. seq.)
28. ACE realleges as though set forth herein the allegations of paragraphs 1
through 27 above, including all subparagraphs.
29. There exists a genuine and bona fide dispute, and an actual controversy
between ACE and Defendant in that ACE contends that for the reasons set forth in
paragraphs 1 through 26 inclusive, the Policy is null and void because of the
Defendant's misrepresentations and concealments of material facts made in the
Application and during the underwriting process and, as a result, there is no Policy to
provide coverage for the loss or damage allegedly sustained by the Vessel; whereas,
Defendant claims that the Policy is not null and void and has made a demand for
payment of benefits under the Policy.
30. Pursuant to the Uniform Declaratory Judgment Act, 28 U.S.C. §§ 2201,
et. seq., ACE requests a judicial determination of the parties' respective contentions,
rights, and obligations under the Policy with regard to coverage. Such a determination
is necessary and appropriate at this time because until the parties' rights and
obligations under the Policy are construed by the Court, ACE will suffer uncertainty
with respect to those rights and obligations.

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.

Javascript is required to view this map.