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

ENCOMPASS INSURANCE COMPANY OF NEW JERSEY v. SWIFT TRANSPORTATION COMPANY OF ARIZONA LLC 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: 
3:11-cv-05667 Search Pacer
ACE Group party(s): 
Opposing Party: 
ENCOMPASS INSURANCE COMPANY OF NEW JERSEY
Court Type: 
Federal
US District Court: 
District of New Jersey
Date Filed: 
Sep 28 2011

"FIRST COUNT

1. On or about November 7, 2009, and at all times relevant to this litigation, plaintiff provided Personal Injury Protection Benefits (PIP) to My Nhien Le and Tung Nguyen pursuant to N.J.S.A. 39:6A-4 under an automobile insurance policy issued to Hanh T. Nguyen.

2. On or about November 7, 2009, Hanh T. Nguyen was the owner of a car that Tung Nguyen was operating in a lawful manner on Paterson Plank Road in Secaucus, Hudson County, New Jersey.

3. The Nguyen motor vehicle was involved in a motor vehicle accident with a motor vehicle owned by defendant Swift Transportation Company of Arizona, LLC and driven by Keisha Deshawn Lewis.

4. At the time of the accident, Keisha Deshawn Lewis was the agent, servant and/or employee of defendant Swift Transportation Company of Arizona, LLC.

5. The motor vehicle accident was caused by the negligence of defendant Keisha Deshawn Lewis.

6. As a result of the accident, Tung Nguyen filed an Application for PIP Benefits on or about January 6, 2010 with plaintiff and plaintiff has made PIP payments.

7. At the time of the accident My Nhien Lee was a passenger in the Nguyen vehicle.

8. As a result of the accident My Nhien Lee filed an Application for PIP Benefits on or about January 6, 2010 with plaintiff and plaintiff has made PIP payments.

9. At the time of the accident, defendant Ace American Insurance Company and/or Mohave Transportation Insurance Company Transportation maintained liability insurance coverage for defendant Swift Transportation Company of Arizona, LLC. and/or defendant Swift Transportation Company of Arizona, LLC was self- insured for liability claims.

10. Defendant Swift Transportation Company of Arizona, LLC is a person who at the time of the accident was not required to maintain PIP benefits or medical expense benefits coverage under New Jersey (aw.

11. Pursuant to NJ.S.A. 39:6A-9.1, defendant is a tortfeasor responsible for payment to plaintiff of the amount of its PIP benefits payments plus claims expenses, attorney's fees, interest and costs of suit.

WHEREFORE plaintiff demands judgment against the defendants jointly, severally and in the alternative on the FIRST COUNT in the amount of damages plus interest, attorney's fees and costs of suit.


SECOND COUNT

1. Plaintiff repeats and realleges the allegations of the First Count fully as if set forth herein.

2. Defendant Swift Transportation Company of Arizona, LLC maintains liability coverage applicable to the aforesaid claim with defendant Ace American Insurance Company and/or Mohave Transportation Insurance Company and/or defendant Swift Transportation Company of Arizona LLC is self-insured for liability coverage applicable to the aforesaid claim pursuant to 49 U.S.C.A. 31139 and C.F.R. 387.309

3. Plaintiff is entitled to reimbursement of PIP benefits from defendant Ace American Insurance Company and/or Mohave Transportation Insurance Company and/or Swift Transportation Company of Arizona LLC including claims processing expenses and costs of suit, pursuant to NJ.S.A. 39:6A-9.1.

4. Pursuant to N.J.S.A. 39:6A-9.1, defendant Ace American Insurance Company and/or Mohave Transportation Insurance Company as liability insurance carrier for Swift Transportation Company of Arizona, LLC and/or Swift Transportation Company of Arizona LLC as a selfinsured are required to submit to intercompany arbitration plaintiff's claims for PIP reimbursement

5. Plaintiff served a Demand for Payment or Arbitration upon Swift Transportation Company of Arizona LLC for all of the defendants on August 5, 2011.

6. Plaintiff is a member of Arbitration Forums, Inc., an intercompany arbitration organization for the insurance industry, and seeks to submit its PIP reimbursement claim to that arbitration body or another arbitration body.

7. Defendants, Mohave Transportation Insurance Company and Swift Transportation Company of Arizona LLC are not members of Arbitration Forums, Inc. and have not consented to the jurisdiction of Arbitration Forums, Inc. or of any other arbitration body for resolution of plaintiffs claim.

8. Defendant Ace American Insurance Company is a member of Arbitration Forums, inc. but coverage with them has not been confirmed and they have not consented to the jurisdiction of Arbitration Forums, Inc. or of any other arbitration body for resolution of plaintiffs claim.

WHEREFORE plaintiff demands judgment on the SECOND COUNT against defendants Ace American Insurance Company and/or Mohave Transportation Insurance Company and/or Swift Transportation Company of Arizona LLC for reimbursement of PIP payments and claims processing expenses paid to and on behalf of Tung Nguyen and My Nhien Lee pursuant to NJ.SA. 39:6A-9.1, or in the alternative, an Order compelling defendant to submit to the jurisdiction of Arbitration Forums, Inc. or another arbitration body for resolution of plaintiff s PIP reimbursement claim, together with attorney's fees and costs of suit.


THIRD COUNT

1. Plaintiff repeats and realleges the allegations of the First Count fully as if set forth herein.

2. Defendants John Does 1-20 and ABC Companies 1-20 are individuals or entities whose negligence may have contributed to the happening of the aforesaid accident.

3. Defendants John Does 1-20 and ABC Companies 1-20 are persons or entities who at the time of the accident were not required to maintain PIP benefits or medical expense benefits coverage under New Jersey law.

4. Defendants XYZ Insurance Companies 1-20 are the liability insurance carriers for the respective defendants Swift Transportation Company of Arizona LLC, John Does 1-20 and/or ABC Companies 1-20.

5. Pursuant to NJ.S.A. 39:6A-9.1, defendants XYZ Insurance Companies 1- 20, as liability insurance carriers) for defendants John Does 1-20 and/or ABC Companies 1-20 are required to submit to intercompany arbitration plaintiff's claims for PIP reimbursement.

WHEREFORE plaintiff demands judgment on the THIRD COUNT against defendants Swift Transportation Company of Arizona, LLC, John Does 1-20, ABC Companies 1-20 and defendants XYZ Insurance Companies 1-20 for reimbursement of PIP payments and claims processing expenses paid to and on behalf of Tung Nguyen and My Nhien Lee pursuant to N.J.SA. 39:6A-9.1, or in the alternative, an Order compelling defendants XYZ Insurance Companies 1 - 20 to submit to the jurisdiction of Arbitration Forums, Inc. or another arbitration body for resolution of plaintiff's PIP reimbursement claim, together with attorney's fees and costs of suit.

RULE 4:5-1 CERTIFICATION
I certify that the matter in controversy is not the subject of any other action pending or contemplated in any court or of a pending or contemplated arbitration proceeding other than the matter of Nguyen v. Swift Transportation Company pending in US District Court under Docket No. 3:11CV01440-MLV-PEA and that there are no other known parties who should've joined if/this action."

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.

Javascript is required to view this map.