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

ACE AMERICAN INSURANCE COMPANY V. BILL'S BOATWORKS, INC. et al

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: 
5:12-cv-01448 Search Pacer
ACE Group party(s): 
Court Type: 
Federal
US District Court: 
Northern District of New York
Date Filed: 
Sep 19 2012

"COUNT 1
BREACH OF CONTRACT

19. Plaintiff repeats, reiterates and realleges each and every allegation contained in paragraphs 1 through 18. inclusive, as if herein set forth at length.

20. Pursuant to the contract for storage and launching the boat, Bill's Boatworks owed contractual duties to Harris to store, bail, keep and care for, protect and deliver the Boat in the same good order and condition as at the time it received and accepted the Boat for storage.

21. Bill's Boatworks breached its contractual duties by failing to store, bail, keep and care for, protect and deliver the Boat in the same good order and condition as at the time it received and accepted the Boat for storage.

22. Plaintiff has performed all of the conditions precedent on their part to be performed under the terms of the contract.

23. As a direct and proximate result of the breach of contract defendant Bill's Boatworks, Plaintiff has suffered damages in the amount of $20,636.81.

COUNT 11
BREACH OF BAILMENT

24. Plaintiff repeals, reiterates and realleges each and every allegation contained in paragraphs 1 through 23, inclusive, as if herein set forth at length.

25. Pursuant to its obligations as a bailee for hire of Harris' Boat for fall haul, storage of the Boat, winterizing of the engines, spring start up, and launch of the Boat, Bill's Boatworks owed contractual and statutory duties to Harris to store, bail, keep and care for, protect and deliver the Boat in the same good order and condition as at the time it received and accepted the Boat for storage.

26. Bill's Boatworks breached its duty as a bailee for hire by failing to store, bail, keep and care for, protect and deliver the Boat in the same good order and condition as at the time they received and accepted the Boat for storage.

27. Plaintiff has performed all of the conditions precedent on their part to be performed under the terms of the contract.

28. As a direct and proximate result of the negligence, gross negligence and breach of duties by defendant Bill's Boatworks, plaintiff has suffered damages in the amount of $20,636.81.

COUNT 111
NEGLIGENCE

29. Plaintiff repeats, reiterates and realleges each and every allegation contained in paragraphs 1 through 28, inclusive, as if herein set forth at length.

30. Bill's Boatworks and Bill Henneberry owed a duty to Harris to store, bail, keep, care for, and deliver the Boat back to Harris in the same condition as it was received.

31. Bill's Boatwork and Bill Henneberry breached their duty and were negligent and grossly negligent by failing to properly inspect the boat and pumps prior and subsequent to the launch of the Boat.

32. As a direct and proximate result of Bill's Boatworks and Bill Henneberry's negligence, gross negligence and breach of duties, plaintiff has suffered damages in the amount of $20,636.81.

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 defendants, jointly and severally, for the amount of plaintiffs damages in the amount of at least $20,638.81, together with interest, costs and the disbursements of this action; and

3. That this Court grant to plaintiff such other and further relief as may be deemed just and proper."5:12-cv-01448-

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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