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

BOYKIN et al 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: 
2:11-cv-00326 Search Pacer
ACE Group party(s): 
Opposing Party: 
EDWARD P. BOYKIN
Court Type: 
Federal
US District Court: 
District of New Jersey
Date Filed: 
Jan 19 2011

"37. a. Prior to entry of the Underlying Judgment, the Plaintiffs offered to Connolly to settle and resolve the claims asserted in the Underlying Litigation for an amount within the remaining limits of the Illinois Union Policy, which offer Connolly promptly forwarded to Illinois Union and demanded that Illinois Union resolve and settle the Plaintiffs' claims within the limits of the Illinois Union Policy;
b. With knowledge of a strong likelihood that a judgment would be entered against its insured Connolly for an amount in excess of the remaining limits on the Illinois Union Policy based on conduct covered by the Illinois Union Policy, Illinois Union did not settle or resolve the claim but instead placed its interests ahead of its insured's interests and continued to wrongfully deny coverage and wrongfully and unreasonably refuse to settle; and…
38. The acts and omissions of Illinois Union constitute bad faith, breach of fiduciary duty and breach of the implied covenant of good faith and fair dealing.
39. As a direct and proximate result of Illinois Union's bad faith and the breach(es) of its fiduciary duty and implied covenant of good faith and fair dealing, judgments were entered against its insured Connolly for amounts in excess of the remaining limits on the Illinois Union Policy, causing Connolly significant damages.
40. Illinois Union's bad faith and the breach(es) of its fiduciary duty and implied covenant of good faith and fair dealing constitute sufficiently wrongful conduct to entitle its insured Connolly to punitive damages."

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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