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

ACE FIRE UNDERWRITERS INSURANCE COMPANY v. ROMERO 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: 
1:12-cv-01129 Search Pacer
Court Type: 
Federal
US District Court: 
District of New Mexico
Date Filed: 
Nov 1 2012

"COUNT I - DECLARATORY JUDGMENT

24. Plaintiff incorporates paragraphs 1 through 23 as though fully set forth herein.

25. The only remaining issue is whether the ACE Policy number CA-188726 provides an additional single limit of $1,000,000 regardless of the number of vehicles involved, requiring ACE to pay plaintiffs an additional $550,000 pursuant to the terms of the settlement agreement.

26. Finney Farms and Hale have not been named in this suit as there are no questions of defense or indemnity under the terms of the Policy, as all matters relating thereto have been resolved by agreement as per the terms of the settlement agreement. The only remaining issue is the interpretation of the limits available.

27. The parties do not dispute that there was only one accident.

28. Under the Policy "Limits of Insurance" under Paragraph C, supra, the unambiguous policy language provides that, regardless of the number of autos involved, for a single limit of $1,000,000 applicable to the liability arising from the concurrent use of the vehicles for this accident.

WHEREFORE, Plaintiff, ACE FIRE UNDERWRITERS INSURANCE COMPANY respectfully requests that this Court issue an Order declaring only:
A. That the ACE Policy number CA-188726, Business Auto Coverage Form, provides liability coverage in the amount of $1,000,000 per accident,
B. That the total amount of coverage applicable under ACE Policy number CA- 188726 to this accident is $1,000,000 regardless of the number of vehicles involved,
C. That ACE Policy number CA-188726 limitation of liability is clear and unambiguous, limiting coverage to $1,000,000.
D. The parties have specifically agreed that the sole issue to be resolved is the amount of policy limits and no other relief would be appropriate. Respectfully submitted on November 1, 2012,"

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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