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

AMERICAN GUARANTEE & LIABILITY COMPANY v. ILLINOIS UNION 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: 
652232/2011 Search Pacer
ACE Group party(s): 
Opposing Party: 
American Guarantee & Liability Company
Court Type: 
State
State Court: 
New York.Supreme Court (New York)
Date Filed: 
Aug 10 2011

"AS AND FOR A FIRST CAUSE OF ACTION FOR DECLARATORY JUDGMENT AGAINST ILLINOIS UNION

36. American Guarantee repeats and realleges each and every allegation in the foregoing paragraphs as if fully set forth herein. 291097

37. The Illinois Union Policy obligates Illinois Union to defend and indemnify NY A to Z in the Rapalo Action.

38. Illinois Union has improperly denied coverage to NY A to Z.

39. An actual and justiciable controversy exists between NY A to Z, American Guarantee and Illinois Union regarding Illinois Union's obligation to defend and indemnify NY A to Z, up to and including the policy limits, for any settlement or judgment in the Rapalo Action.

40. As a result of Illinois Union's wrongful disclaimer, American Guarantee has incurred and will continue to incur costs and fees in connection with the Rapalo Action.

AS AND FOR A SECOND CAUSE OF ACTION FOR DAMAGES AGAINST ILLINOIS UNION

41. Plaintiff repeats and realleges each and every allegation in the foregoing paragraphs as if fully set forth herein.

42. Illinois Union, as the primary insurer of NY A to Z, has a duty to defend NY A to Z to the extent of their policy limits in regards to the Rapalo Action.

43. Illinois Union breached its obligations under its policy by refusing to defend NY A to Z in the Rapalo Action.

44. American Guarantee has suffered damages as a result of Illinois Union's denial in an amount to be proven at trial but not less than the amount that American Guarantee paid for the defense of NY A to Z when Illinois Union improperly denied coverage.

45. An actual and justiciable controversy exists between American Guarantee and Illinois Union regarding Illinois Union's failure to defend NY A to Z in the Rapalo Action.

WHEREFORE, Plaintiff American Guarantee respectfully requests that the Court enter a judgment: 291097 Declaring that: (a) Illinois Union improperly denied a defense for the Rapalo Action to American Guarantee's and Illinois Union's mutual insured, NY A to Z; and (b) Illinois Union must defend and indemnify NY A to Z for the Rapalo Action; Awarding money damages to American Guarantee from Illinois Union for all= defense costs incurred by American Guarantee in the defense of NY A to Z in the Rapalo Action, as well as all attorneys' fees, costs, and expenses that it has incurred in prosecuting this action; and For such other and further relief as the Court deems just and proper."

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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