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

CONSOLIDATED AMERICAN SERVICES, INC. v. WESTCHESTER SURPLUS LINES 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: 
4:10-cv-04064 Search Pacer
Opposing Party: 
Consolidated American Services, Inc.
Court Type: 
Federal
US District Court: 
Southern District of Texas
Date Filed: 
Oct 22 2010

"COUNT I - BREACH OF CONTRACT - 21 . Although Plaintiff Savannah fully cooperated with Defendants, and despite the fact that all conditions precedent to recovery bve been performed, waived, excused, or otherwise satisfied, Defendants have failed and refused to pay to Plaintiff Savannah the benefits due under the Policies/contracts of insurance in question, which were in fuJI force and effect at the time of the occurrence which forms the basis of this lawsuit...

COUNT II - UNFAIR SETTELMENT PRACTICES - 25. Defendans violated TEx. INS. CODE § 541.060(a) by engaging in unfair settlement practices...

COUNT IV - BREACH OF DUTY OF GOOD FAITH AND FAIR DEALING/BAD FAITH -30. Defendants' conduct constitutes a bleach of the common law duty of good faith
and fair dealing owed to insmeds in insurance contracts. 31. Defendants' knew or should have known by the exercise of reasonable diligence that its liability was reasonably clear, and its fai lure, as set forth above, to adequately and reasonably investigate and evaluate Plaintiff Savannah's Claim constitutes a breach of the duty of good faith and fair dealing.

COUNT V - COMMON LAW FRAUD - 33. Dcfcndants knowingly or recklessly made false representations as to material facts and/or knowingly concealed all or part of material information from Plaintiff Savannah with the intent of inducing Plaintiff to accept a denial and/or underpayment of insurance benefits for its Claim. Defendants allowed Plaintiff to use this infonnation. or lack thereof, injustifiable reliance in accepting the denial and/or underpayment of its Claim. Plaintiff relied upon said statements in accepting the denial and/or underpayment tor its Claim, and suffered injury and damages as a result..."
 

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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