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

DULCICH, INC. v. WESTCHESTER SURPLUS LINES 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: 
3:10-cv-01438 Search Pacer
Opposing Party: 
Dulcich, Inc.
Court Type: 
Federal
US District Court: 
District of Oregon
Date Filed: 
Nov 22 2010

"1. Pacific Seafood is a family-owned company that has been based in Portland, Oregon, since 1941. Despite its meager beginnings as a small retail outlet, Pacific Seafood now processes fish along the entire Pacific Coast and has distribution facilities in Washington, Oregon, California, Utah, Nevada, Arizona, andTexas.
2. To protect its numerous buildings and personal property from accidental destruction, Pacific Seafood obtained multi-risk property insurance from Westchester Surplus Lines Insurance Company ("Westchester"). The policy had a per accident coverage limit of $15,000,000 and covered most of 2007.
3. During September of2007, a fire occurred in a warehouse leased by Pacific Seafood in Texas, which caused more than$600,000 worth of damage to Pacific Seafood's property. Although Westchester admits that the warehouse and stored property are covered under the terms of Pacific Seafood's policy, and listed on the schedule of Pacific Seafood's insured properties, Westchester has repeatedly stated that it owes Pacific Seafood nothing.
4. After multiple demands for payment have been flatly refused by Westchester, Pacific Seafood has no other choice but to bring this action to recover the $530,327.87 owed. Pacific Seafood asserts claims for breach of contract, breach of the duty of good faith and fair dealing, reformation of contract, and declaratory 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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