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

CANAL INDEMNITY COMPANY et al v. WESTCHESTER SURPLUS LINES INSURANCE COMPANY

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-24049 Search Pacer
Opposing Party: 
J.A.M. Shell Builders, Inc.
Court Type: 
Federal
US District Court: 
Southern District of Florida
Date Filed: 
Nov 8 2012

"1. This is a civil cause of action for declaratory relief which presents for the Court's declaration justiciable insurance coverage issues with respect to certain underlying claims alleged against J.A.M. SHELL in the Underlying Wrongful Death Action that occurred.'on a construction site while the work was in progress for the construction of "INFINITY AT BRICKELL" in Miami, Florida A copy of the Second Amended Complaint in the Underlying Wrongful Death Action is attached as Exhibit A."

 

"18. CANAL and J.A.M. SHELL are in doubt as to whether the OCIP Policy is the primary and/or sole insurer for J.A.M. SHELL with respect to the claims made against J.A.M. SHELL in the Underlying Wrongful Death Action and if so, WESTCHESTER, the OCP insurer, should be charged with the primary and/or sole responsibility of providing a defense and indemnification to J.A.M. SHELL, including reimbursement to CANAL of the costs of the defense incurred by CANAL.

19. Accordingly, CANAL and J.A.M. SHELL are in doubt as to their rights, powers, privileges and/or obligations under the CANAL CGL Policy with respect to the underlying claims made against J.A.M. SHELL and as a result of the fact that J.A.M. SHELL is a Named Insured under the OCEP Policy the purpose of which is to provide full coverage to J.A.M. SHELL with respect to the underlying claims made against J.A.M. SHELL for damages that arise out of an "occurrence" on the Project. Therefore, CANAL and J.A.M. SHELL seek the Court's declaration.

20. J.A.M. SHELL is also in doubt as to its rights, powers, and/or privileges under the OCIP Policy with respect to the underlying claims made against it and therefore, seeks the Court's declaration.."

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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