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

CALPINE CORPORATION v. ACE AMERICAN INSURANCE COMPANY

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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: 
3:05-cv-00984 Search Pacer
ACE Group party(s): 
Opposing Party: 
Calpine Corporation
Court Type: 
Federal
US District Court: 
Northern District of California
Date Filed: 
Mar 8 2005

13. In September 2004, Plaintiff CALPINE tendered its defense of the McVay lawsuit to Defendant ACE. ACE refused to respond for 4 months, and Plaintiff CALPINE finally received word from ACE acknowledging receipt of Plaintiff’s tender letter in January 2005. ACE has employed the tactic of delay and refuses to admit its obligations in this matter.
23. Defendant ACE breached its contract by failing: 1) to acknowledge and respond to Plaintiff CALPINE‘s tender letters within a reasonable time as Plaintiff CALPINE was an additional insured under the terms of Marley’s CGL policy; and 2) to acknowledge its duty to defend and indemnity Plaintiff CALPINE.
27. Defendant ACE approved the addition of Plaintiff CALPINE as an additional insured on Marley’s CGL policy for the Calpine Project. As an additional insured under Marley’s insurance policy, Defendant ACE owed Plaintiff CALPINE a duty of good faith and fair dealing in Plaintiff CALPINE’s tender of defense under Marley’s CGL policy."

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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