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

ACE AMERICAN INSURANCE COMPANY v. APPROVED MARINE, INC.

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: 
1:12-cv-06673 Search Pacer
ACE Group party(s): 
Court Type: 
Federal
US District Court: 
Southern District of New York
Date Filed: 
Aug 31 2012

"COUNT 1
BREACH OF CONTRACT
24. Plaintiff repeats, reiterates and realleges each and every allegation contained in paragraphs 1 through 23, inclusive, as if herein set forth at length.

25. Plaintiffs delivered the subject Boats in good order and condition to Approved Marine who thereupon took delivery and possession of the Boats.

26. Pursuant to the contract for storage, defendant owed contractual duties to Scott and Scalamandre to store, bail, keep and care for, protect and deliver the subject Boats in the same good order and condition as at the time it received and accepted the subject Boats for storage.

27. Approved Marine breached its contractual duties by failing to store, bail, keep and care for, protect and deliver the subject Boats in the same good order and condition as at the time it received and accepted the subject Boats for storage.

28. The losses sustained by Plaintiffs were not the result of any act or omission of Plaintiffs but, on the contrary, were solely the result of defendant's fault, neglect, breach of contract and breach of bailment.

29. Plaintiffs and/or and their predecessors have performed all of the conditions precedent on their part to be performed under the terms of the contracts.

30. By reason of the foregoing, Plaintiffs have sustained losses which will be shown with specificity at trial, no part of which has been paid, although duly demanded, but which are presently estimated at $377,638.47.

COUNT II
BREACH OF BAILMENT

31. Plaintiff repeats, reiterates and realleges each and every allegation contained in paragraphs 1 through 29, inclusive, as if herein set forth at length.

32. Plaintiffs delivered the subject Boats in good order and condition to Approved Marine who thereupon took delivery and possession of the Boats.

33. Pursuant to its obligations as a bailee for hire of the subject Boats for fall haul and storage of the Boats for Winter, Approved Marine owed contractual and statutory duties to Scott and Scalamandre to store, bail, keep and care for, protect and deliver the subject Boats in the same good order and condition as at the time it received and accepted the Boats for storage.

34. Approved Marine breached its duty as a bailee for hire by failing to store, bail, keep and care for, protect and deliver the subject Boats in the same good order and condition as at the time they received and accepted the subject Boats for storage.

35. The losses sustained by Plaintiffs were not the result of any act or omission of Plaintiffs but, on the contrary, were solely the result of defendant's fault, neglect, breach of contract and breach of bailment.

36. Plaintiffs and/or and their predecessors have performed all of the conditions precedent on their part to be performed under the terms of the contracts.

37. By reason of the foregoing, Plaintiffs have sustained losses which will be shown with specificity at trial, no part of which has been paid, although duly demanded, but which are presently estimated at $377,638.47.

COUNT III
NEGLIGENCE

38. Plaintiff repeats, reiterates and realleges each and every allegation contained in paragraphs 1 through 31, inclusive, as if herein set forth at length.

39. Plaintiffs delivered the subject Boats in good order and condition to Approved Marine who thereupon took delivery and possession of the Boats.

40. Approved Marine owed a duty to Scott and Scalamandre to store, bail, keep, care for, and deliver the subject Boats. Approved Marine owed a duty to Plaintiff to exercise due care in its control and custody of the subject Boats.

41. Approved Marine breached and was negligent and grossly negligent in its duties by failing to store, bail, keep and care for, protect and deliver the subject Boats in the same good order and condition as at the time they received and accepted the subject Boats for storage.

42. The losses sustained by Plaintiffs were not the result of any act or omission of Plaintiffs but, on the contrary, were solely the result of defendant's fault, neglect and gross negligence.

43. Plaintiff and/or and their predecessors have performed all of the conditions precedent on their part to be performed under the terms of the contracts.

44. By reason of the foregoing, Plaintiffs have sustained losses which will be shown with specificity at trial, no part of which has been paid, although duly demanded, but which are presently estimated at $377,638.

WHEREFORE, for the foregoing reasons, Plaintiff prays that the Court grant the following:

1. That process in due form of law may issue against defendant citing it to appear and answer all and singular the matters aforesaid;
2. That judgment may be entered in favor of plaintiff against defendant for the amount of plaintiff s damages in the amount of at least $377,638.47, together with interest, costs, attorney fees and the disbursements of this action; and
3. That this Court grant to plaintiff such other and further relief as may be just and proper."

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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