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

ACE FIRE UNDERWRITERS INSURANCE COMPANY v. MASCO CORPORATION

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-00481 Search Pacer
Opposing Party: 
Masco Corporation
Court Type: 
Federal
US District Court: 
Eastern District of Virginia
Date Filed: 
Apr 26 2012

"COUNT 1 - NEGLIGENCE

11. Plaintiff incorporates by reference each of the foregoing paragraphs as though each was fully set forth herein.

12. The Fire and resulting damage to the Property was caused by the negligence,carelessness, gross negligence and/or reckless disregard for the Plaintiffs insured's property by Defendant Masco, its agents, workmen, and/or employees acting within the course and scope of their employment in:
a) failing to properly install and inspect the insulation in the attic at the Property;
b) failing to ensure proper clearances between the insulation in the attic and the progress lighting fixtures;
c) failing to install the insulation in accordance with the manufacturer's instructions;
d) failing to follow applicable local, state and/or federal rules, regulations, ordinances, codes guidelines and/or statutes;
e) such other and further negligent acts and omissions which may be revealed through discovery.

13. As a direct and proximate result of defendant's aforesaid negligence, the Fire occurred and resulted in significant damages.

WHEREFORE, Plaintiff demands judgment against defendant in the amount of $146,091.78 together with interest and the costs of this action.

COUNT II - BREACH OF CONTRACT/WARRANTY

14. Plaintiff incorporates by reference each of the foregoing paragraphs as though each was fully set forth herein.

15. As part of its contract, Defendant expressly warranted that all materials and workmanship would be new, of good quality, free from faults and done in compliance with all building codes.

16. Defendant Masco breached its contractual obligations by installing the insulation without proper clearance from the recessed lighting.

17. As a direct and proximate result of Defendant's breach of the aforesaid contractual obligation, the Fire occurred and resulted in significant damages to Plaintiff.

WHEREFORE, Plaintiff demands judgment against Defendant in the amount of$146,091.78 together with interest and the costs of this action."

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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