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

CHARLES DUNN REAL ESTATE SERVICES INC v. WESTCHESTER FIRE 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: 
2:11-cv-05925 Search Pacer
ACE Group party(s): 
Opposing Party: 
Charles Dunn Real Estate Services Inc
Court Type: 
Federal
US District Court: 
Central District of California
Date Filed: 
Jul 19 2011

"4. Defendant Westchester Insurance Company provided Plaintiff with a professional liability policy under policy no. G21998564004, effective November 3,2009 through November 3, 2010. Exhibit A.

5. The policy described above was in full force and effect during the time of the losses in issue. The insured performed all acts and conditions precedent necessary to obtain coverage
under 'the policy.

6. While the Westchester policy was in effect, a claim was made against Plaintiff by Compton Renaissance Plaza Company, LLC ("Compton Renaissance"). Compton Renaissance alleged that it was harmed because Plaintiff had made an accounting department error.

7. While the Westchester policy was in effect, a claim was made against Plaintiff by Pasadena Commercial Development, LLC ("Pasadena Commercial"). Pasadena alleged that it was harmed because Plaintiff had made an accounting department error.

8. The claims and allegations made by Compton Renaissance and Pasadena Commercial against Plaintiff triggered an obligation of Westchester to defend and/or indemnify
under the professional liability policy issued by Westchester to Plaintiff.

9. Plaintiff timely tendered the claim to Westchester seeking a defense and indemnity under the policy described above. Despite timely tender, Defendant Westchester declined to provide coverage, and has failed to pay defense fees or costs or indemnify Plaintiff. Defendant refused to examine materials provided by Plaintiff, as well as materials reasonably available which establish a duty to defend,

10. Reasonable investigation by Westchester of the underlying facts would have revealed facts or alleged facts which gave rise to a duty to defend and/or indemnify Plaintiff under the above referenced policy.

11. Because of Defendant's failure to pay defense fees or costs, Plaintiff incurred various legal costs and charges in defending itself, which exceeded the deductible applicable to each policy described above. To mitigate its losses, Plaintiff was forced to settle with Compton Renaissance and Pasadena Commercial.

12. As set forth herein, the Plaintiff will incur substantial expenses for legal fees and costs to obtain coverage wrongfully denied by Defendant."

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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