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

ACE AMERICAN INSURANCE COMPANY v. FREEMAN DECORATION CO.

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: 
650720-2011E Search Pacer
ACE Group party(s): 
Opposing Party: 
ACE AMERICAN INSURANCE COMPANY
Court Type: 
State
State Court: 
New York.Supreme Court (New York)
Date Filed: 
Mar 17 2011

"FIRST CAUSE OF ACTION
CONTRACTUAL INDEMNIFICATION

17. Pursuant to the contract between Reed and Freeman, Freeman is obligated to indemnify and hold Reed harmless from any claims arising out of or occasioned by the performance by Freeman, its subcontractors or other third parties otherwise acting under the direction of Freeman of Freeman's obligations under the contract.

18. On April 2, 2006, Dennis Hufford was employed by Freeman and performing work for Freeman pursuant to Freeman's contract with Reed when he was injured.

19. Dennis Hufford and his wife brought suit against, amongst others, New York Convention Center Operating Corporation for his injuries.

20. Pursuant to the contract between New York Convention Center Operating Corporation and Reed, Reed was obligated to defend, hold harmless and indemnify New York Convention Operating Corporation for the Huffords' claims.

21. Ace, as the commercial general liability insurer for Reed, paid directly to the Huffords $1,600,000, in order to cover Reed's contractual indemnity liability to the New York Convention Center Operating Corporation.

22. Ace, as the subrogee of Reed, is now entitled to recover from Freeman $1,600,000, in addition to attorneys' fees and expenses incurred, pursuant to Freeman's contractual liability to Reed.

SECOND CAUSE OF ACTION
COMMON LAW INDEMNIFICATION/CONTRIBUTION

23. The damages sustained by Huffords were due to the primary and active negligence, carelessness and recklessness of defendant Freeman and Ace a/s/o Reed is entitled to common law indemnification and/or contribution from Freeman for all or part the one million six hundred thousand dollars ($1,600,000) Ace paid to the Huffords in order to cover Reed's contractual liability to the New York Convention Center Operating Corporation, in addition to attorneys' fees and expenses incurred.

WHEREFORE, Plaintiff requests that this Court enter judgment against the Defendant for the amount of One Million and Six Hundred Thousand Dollars ($1,600,000), together with"

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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