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

ALOISI v. WESTCHESTER FIRE INSURANCE COMPANY 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-10858 Search Pacer
ACE Group party(s): 
Opposing Party: 
Andrew Aloisi
Court Type: 
Federal
US District Court: 
Massachusetts District Court
Date Filed: 
May 11 2012

"COUNT I
Declaratory Judgment
(Against Westchester and State National)

49. Aloisi & Aloisi realleges the allegations contained in the foregoing paragraphs and incorporates those allegations by reference as if fully restated herein.

50. Aloisi & Aloisi has maintained malpractice insurance from 2007 to the present, and has paid Westchester and State National significant premiums.

51. The Solomont Claims are within the coverage of the Westchester Policy and/or the State National Policy.

52. Westchester has refused to acknowledge its duty to indemnify the Solomont Claims, and is conditionally providing a defense.

53. State National has refused to acknowledge its duty to defend and indemnify the Solomont Claims.

54. The coverage positions of Westchester and State National creates an actual case or controversy between them and Aloisi & Aloisi concerning their duties and obligations under their respective policies.

55. Aloisi & Aloisi is entitled to a declaration that Westchester and/or State National has a duty to defend and indemnify Aloisi & Aloisi for the Solomont Claims.

COUNT II
Breach of Contract
(Against Westchester)

56. Aloisi & Aloisi realleges the allegations contained in the foregoing paragraphs and incorporates those allegations by reference as if fully restated herein.

57. Aloisi & Aloisi has complied with ail applicable conditions precedent contained in the Westchester Policy.

58. None of the exclusions in the Westchester Policy preclude coverage for the Solomont Claims.

59. Under the Westchester Policy, Westchester has a duty to defend and a duty to indemnify Aloisi & Aloisi for ah of the claims asserted in the Demeter Litigation.

60. Westchester has materially breached its obligation under the Westchester Policy by conditionally providing a defense to the Solomont Claims and by refusing to acknowledge its indemnity obligations vis-a-vis the Solomont Claims.

61. As a direct and proximate result of Westchester's breach. Westchester has deprived Aloisi & Aloisi of the benefit of the Westchester Policy for which Aloisi & Aloisi paid substantial premiums, and has caused Aloisi & Aloisi to incur legal fees and expenses in attempting to secure coverage for the Solomont Claims.

62. If the plaintiffs in the Demeter Litigation prevail on the Solomont Claims, Aloisi & Aloisi's damages will increase accordingly, as it currently lacks coverage for those claims.

63. Aloisi & Aloisi has been damaged in an amount to be proven at trial, plus interest and appropriate damages.

COUNT III
Breach o f C o n t r a c t
(Against State National)

64. Aloisi & Aloisi realleges the allegations contained in the foregoing paragraphs and incorporates those allegations by reference as if fully restated herein.

65. Aloisi & Aloisi has complied with all applicable conditions precedent contained in the State National Policy.

66. None of the exclusions in the State National Policy preclude coverage for the Solomont Claims.

67. Under the State National Policy, State National has a duty to defend and a duty to indemnify Aloisi & Aloisi for the Solomont claims.

68. State National has materially breached its obligation under the State National Policy by conditionally by refusing to acknowledge its duty to defend and indemnity obligations vis-a-vis the Solomont Claims.

69. As a direct and proximate result of State National's breach, State National has deprived Aloisi & Aloisi of the benefit of the State National Policy for which Aloisi & Aloisi has paid substantial premiums, and has caused Aloisi & Aloisi to incur legal fees and expenses in attempting to secure coverage for the Solomont Claims.

70. If the plaintiffs in the Demeter Litigation prevail on the Solomont Claims, Aloisi & Aloisi's damages will increase accordingly, as it currently lacks coverage for those claims.

71. Aloisi & Aloisi has been damaged in an amount to be proven at trial, plus interest.

COUNT IV
Breach of Covenant of Good Faith and Fair Dealing
(Against Westchester)

72. Aloisi & Aloisi realleges the allegations contained in the foregoing paragraphs and incorporates those allegations by reference as if fully restated herein.

73. As with all contracts, the Westchester Policy contains an implied covenant of good faith and fair dealing.

74. Westchester is prohibited from doing anything that will have the effect of destroying or injuring the. right of Aloisi & Aioisi to receive the fruits of the Westchester Policy.

75. Westchester breached the duty of good faith and fair dealing implied in the Westchester Policy through its bad faith conduct, in which it engaged with the specific intent to deprive Aloisi & Aloisi coverage under the Westchester Policy.

76. As a result of Westchester's breach of the duty of good faith and fair dealing, Aloisi & Aloisi has been damaged in an amount to be proven at trial, plus interest.

COUNT V
Breach of Covenant of Good Faith and Fair Dealing
(Against State National)

77. Aloisi & Aloisi realleges the allegations contained in the foregoing paragraphs and incorporates those allegations by reference as if fully restated herein.

78. As with all contracts, the State National Policy contains an implied covenant ofgood faith and fair dealing.

79. State National is prohibited from doing anything that will have the effect of destroying or injuring the right of Aloisi & Aloisi to receive the fruits of the State National Policy.

80. State National breached the duty of good faith and fair dealing implied in the State National Policy through its bad faith conduct, in which it engaged with the specific intent to deprive Aloisi & Aloisi coverage under the State National Policy.

81. Asa result of State National' s breach of the duty of good faith and fair dealing, Aioisi & Aloisi has been damaged in an amount to be proven at trial, plus interest.

COUNT VI
Violation of Chapter 93 A and 176D
(Against Westchester)

82. Aloisi & Aloisi realleges the allegations contained in the foregoing paragraphs and incorporates those allegations by reference as if fully restated herein.

83. . Westchester's conduct as described herein took place in a business context.

84. Westchester has wrongfully denied coverage for the Solomont Claims.

85. Despite repeated requests, Westchester has refused to acknowledge coverage for the Solomont. Claims.

86. All conditions precedent have been satisfied by Aloisi & Aloisi, including the sending of a demand letter to Westchester.

87. Westchester's wrongful denial of coverage constitutes bad faith. Among other things, Westchester has no reasonable justification for its denial of coverage.

88. Westchester's conduct as described herein violates Mass. G.L. c. 176D, § 3(9)(a).

89. Westchester's actions, as described above, constitute a violation of G.L. c. 93 A,  and 9, entitling Aloisi & Aloisi to damages, costs and attorneys' fees.

90. Westchester's actions, as described above, have been knowing and willful, entitling Aloisi & Aloisi to an award of multiple damages.

COUNT VII
Violation of Chapter 93A and 176D
(Against State National)

91. Aloisi & Aioisi realleges the allegations contained in the foregoing paragraphs and incoiporates those allegations by reference as if fully restated herein.

92. State National's conduct as described herein took place in a business context.

93. State National has wrongfully denied coverage for the Solomont Claims.

94. Despite repeated requests. State National has refused to acknowledge coverage for the Solomon! Claims.

95. All conditions precedent have been satisfied by Aioisi & Aioisi, including the sending of a demand letter to State National.

96. State National's wrongful denial of coverage constitutes bad faith. Among other things, State National has no reasonable justification for its denial of coverage.

97. State National's conduct as described herein violates Mass. G.L. c. 176D, § 3(9)(a).

98. State National's actions, as described above, constitute a violation of G.L. c. 93A, §§2 and 9, entitling Aioisi & Aioisi to damages, costs and attorneys' fees.

99. State National's actions, as described above, have been knowing and willful, entitling Aioisi & Aioisi to an award of multiple damages.

COUNT VIII
Attorneys' Fees for Establishing Duty to Defend
(Against Westchester and State National)

100. Aioisi & Aioisi realleges the allegations contained in the foregoing paragraphs and incorporates those allegations by reference as if fully restated herein.

101. Under well-settled case law, Aioisi & Aioisi is entitled to its reasonable fees and expenses in establishing the insurer's duty to defend. See Hanover ins. Co. v. Golden 436 Mass. 584, 586 (2002).

102. Either Westchester or State National, or both of them, owes Aioisi & Aioisi a defense to the Solomont Claims.

103. Either Westchester or State National, or both of them, is liable for Aioisi & Aioisi's reasonable fees and expenses, plus interest."

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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