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

CENTRAL WEBER SEWER IMPROVEMENT DISTRICT v. ACE FIRE UNDERWRITERS 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-00166 Search Pacer
Court Type: 
Federal
US District Court: 
District of Utah
Date Filed: 
Aug 6 2012

"FIRST CLAIM FOR RELIEF
(Breach of Contract)

46. Plaintiff incorporates the allegations contained in paragraphs 1 through 45 above, as though fully set forth herein.

47. ACE refused to pay for all the direct physical loss or damage, resulting loss, and Soft Costs incurred by CWSID as a result of the sheet pile failure, voids, and slab failure.

48. ACE's conduct constitutes a material breach of contract, and specifically a material breach of the Builders Risk Policy.

49. ACE's material breach of contract caused CWSID to sustain damages.

50. CWSID is entitled to judgment in its favor and against ACE in an amount to be determined at trial, plus interest.

SECOND CLAIM FOR RELIEF
(Breach of Implied Duty of Good Faith)

51.Plaintiff incorporates the allegations contained in paragraphs 1 through 50 above, as though fully set forth herein.

52. ACE materially breached its implied duty of good faith and fair dealing.

53. ACE materially breached its implied duty of good faith and fair dealing by:
a. failing to diligently investigate CWSID's loss;
b. failing to fairly evaluate CWSID's loss;
c. failing to act promptly and reasonably in adjusting CWSID's loss;
d. misapplying the provisions of the Builders Risk Policy;
e. endeavoring to avoid coverage and payment; and
f. acting contrary to CWSID's rights and reasonable expectations to obtain insurance benefits.

54. ACE's material breach of its duty of good faith and fair dealing caused CWSID to incur compensatory and foreseeable consequential damages, including attorney fees and costs incurred pursuing coverage and policy benefits both prior to litigation and in this action.

55. CWSID is entitled to judgment in its favor and against ACE in an amount to be determined at trial, 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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