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

DELANEY DEVELOPMENT, INC. et al v. ESSEX 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: 
1:11-cv-00277 Search Pacer
Opposing Party: 
Delaney Development, Inc.
Court Type: 
Federal
US District Court: 
Southern District of Alabama
Date Filed: 
May 27 2011

"XIV.

As of the date of the filing of this Complaint, Westchester, Essex and Landmark has not tendered Delaney Development, Inc. and Cabana Apartments a sufficient amount to adequately compensate Plaintiffs for their losses from Hurricane Ivan.

XV.

At all times pertinent hereto, Westchester, Essex and Landmark provided insurance coverage for the matters, risks, and things involved herein.

XVI.

Plaintiffs’ commercial insurance policies issued by Westchester, Essex and Landmark provide coverage for loss or damage caused by the peril of wind.

XVII.

Despite having been provided with “satisfactory proof of loss,” and despite conducting its own thorough investigation of the damages Plaintiffs incurred from Hurricane Ivan, Westchester, Essex and Landmark have not adequately paid for any or all of the damage sustained to Plaintiffs’ property caused by this covered loss.

XVIII.

Westchester, Essex and Landmark are liable unto Plaintiffs under the following legal theories:
a. Breach of contract;
b. Breach of duty of good faith and fair dealing; and
c. Any and all other legal theories which may be found through discovery and proven at trial in this matter, including but not limited to, bad faith adjusting.

XIX.

Westchester, Essex and Landmark have committed other acts of negligence, breach of contract, and breach of its duty of good faith and fair dealing, all of which will be shown and proven at the trial of this matter.

XX.

As a result of Westchester, Essex and Landmark’s actions, Plaintiffs have suffered the following nonexclusive list of damages:
a. Loss of use of insured property;
b. Loss of enjoyment of insured property;
c. Loss of business income;
d. Loss of movable goods;
e. Diminution in value of the property;
f. Permanent repair and remediation expenses;
g. Temporary repair and remediation expenses;
h. Attorney’s fees;
i. Costs of this litigation; and
j. All other losses that will be proven at the trial of this matter.

XXI.

Plaintiffs reserve the right to supplement and amend this Complaint for Damages.

XXII.

Plaintiffs pray for trial by jury.

WHEREFORE, plaintiffs herein, Delaney Development, Inc., Delaney’s, Inc. and Cabana Apartments pray that the defendants, Westchester Surplus Lines Insurance Company,
Essex Insurance Company and Landmark American Insurance Company be served with a copy of this Complaint and be duly cited to appear and answer the same, and that after expiration of
all legal delays and due proceedings, there be judgment rendered in favor of Plaintiffs and against Defendants, in an amount that will fully compensate Plaintiffs for its damages pursuant to the evidence and in accordance with the law; all sums with legal interest thereon from the date of judicial demand until fully paid, for all costs of these proceedings, and for all general and equitable relief."

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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