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

DOLEAC ELECTRIC COMPANY, INC. v. J.J. SOSA & ASSOCIATES, INC. 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: 
2:13-cv-00108 Search Pacer
ACE Group party(s): 
Opposing Party: 
Doleac Electric Company, Inc.
Court Type: 
Federal
US District Court: 
Southern District of Mississippi
Date Filed: 
May 21 2013

"COMES NOW, Doleac Electric Company, Inc. (hereinafter "Doleac") and files this Complaint against J.J. Sosa & Associates, Inc. (hereinafter "Sosa"), Westchester Fire Insurance Company (hereinafter "Westchester") and Ace Group, Inc. (hereinafter "Ace") and would respectfully show unto the Court the following, to wit:

I. Doleac is a Mississippi corporation in good standing and is located and doing business in Mississippi.

II. Sosa is a Florida corporation who may be served with process by serving its registered agent or any of its officers or agents at its place of business, 6911 Pistol Range Road, Suite 101A,Tampa,FL 33635.

III. Westchester Fire Insurance Company is a New York corporation that may be served with process by serving any of its officers or agents at its place of business, 436 Walnut Street, Philadelphia, PA 19106.

IV. Ace is a foreign corporation and may be served with process by service upon any of its officers or agents at its place of business, 648-50 South 60th Street, Philadelphia, PA 19143.

V. This Court has federal diversity jurisdiction herein. Venue is proper in this Court.

VI. Sosa is a general contractor who entered into an agreement with Doleac for Doleac to sell materials and services to Sosa and deliver said materials and services to Sosa in connection with construction for the Department of the Navy project number 11-10039 located in Harrison County, Mississippi (hereinafter "project").

VII. Doleac sold and delivered said materials and performed said services for and on behalf of Sosa (at Sosa's instructions) to the project.

VIII. Sosa purchased a payment bond written by Westchester Fire Insurance Company which covers the project, A copy of said bond is attached hereto as Exhibit A. Upon information and belief, Defendant Ace sold the bond to Sosa. Doleac completed performance of its contract with Sosa in approximately September 2012. Therefore, Doleac is entitled to file suit and recover on this bond.

IX. The Department of the Navy paid Sosa for the materials and work that Doleac provided on the project; however, Sosa did not in turn pay Doleac. The principal amount Sosa owes Doleac is $429,495.08. An Affidavit of Correctness of Account with accompanying statement is attached hereto as Exhibit B. Doleac made written demand upon Sosa to pay said balance; however, Sosa has failed to pay Doleac. A copy of Doleac's demand letter is attached hereto as Exhibit C.

X. Sosa has, without reasonable cause, refused to pay Doleac for its work and materials. Therefore, Doleac is entitled to penalty payment from Sosa in accordance with Miss. CODE ANN. §87-7-5 and/or 31-5-27.-

XI. Sosa's refusal to pay the subject account is in intentional bad faith, without any basis and for the purpose of delaying payment. Therefore, Doleac is entitled to reasonable attorney's fees under general Mississippi law and/or Mississippi's "open account" statute and/or under Miss.

XII. Doleac's damages are liquidated. As such, Doleac demands prejudgment interest of eight percent (8%) per annum on said outstanding balance of $429,495.08 from the date of Sosa's breach pursuant to Miss. CODE ANN. §75-17-1(1) (Supp. 1989).

XIII. By issuing a payment bond on behalf of Sosa, Defendants Ace and Westchester have guaranteed payment to Doleac. However, they have failed and refused to make payment. Doleac filed a claim against the bond with Ace and Westchester on January 7, 2013. See Proof of Claim and letter attached as Exhibit D. As such, Ace and Westchester are liable for all damages claimed herein."

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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