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

ENCORE RECEIVABLE MANAGEMENT, INC. et al v. ACE PROPERTY

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: 
1:12-cv-00297 Search Pacer
Opposing Party: 
Encore Receivable Management, Inc.
Court Type: 
Federal
US District Court: 
Southern District of Ohio
Date Filed: 
Apr 12 2012

"FIRST CAUSE OF ACTION
(Anticipatory Breach of Contract Against ACE - Duty to Defend the Knell Action)

46. Plaintiffs repeat and reallege the allegations set forth in paragraphs 1 through 45 of this Complaint as if fully set forth herein.

47. Because the Recording Exclusion in the October 1, 2009 to October 1, 2012 Primary Policies does not appear in, or limit coverage under the ACE Umbrella Policies, ACE has a primary duty to defend the Knell Action claims under its October 1, 2009 to October 1, 2012 Umbrella Policies.

48. Pursuant to the terms of its Umbrella Policies, to the extent that the Knell Action are not covered under the Discover and Old Republic Primary Policies due to the Recording Exclusion, ACE is obligated, pursuant to the terms of its October 1, 2009 to October 1, 2012 Umbrella Policies, to defend Encore, and to pay Encore for and/or to pay on Encore's behalf, all costs of defense of the Knell Action until it has paid the applicable liability limits of its Umbrella Policies for judgments and settlements.

49. Upon information and belief, ACE will dispute and/or reserve its rights to dispute its obligation to pay sums that Encore becomes legally obligated to pay through judgment, settlement or otherwise arising out of the Knell Action as well the costs of defense of the Knell Action.

50. Encore has complied with all terms conditions and prerequisites to coverage set forth in the ACE Umbrella Policies and remains ready to perform all of its obligations under the ACE Umbrella Policies.

51. As a result of ACE's anticipatory breach of its obligations under its Umbrella Policies, Encore has suffered damages in an amount to be determined at trial.

SECOND CAUSE OF ACTION
(Breach of Contract Against ACE- Defense of the Wheelock Claims)

52. Plaintiffs repeat and reallege the allegations set forth in paragraphs 1 through 51 of this Complaint as if fully set forth herein.

53. Because the Recording Exclusion in the October 1, 2009 to October 1, 2012 Primary Policies that does not appear in, or limit coverage under the ACE Umbrella Policies, ACE has a primary duty to defend the Wheelock Claims under its October 1, 2009 to October 1, 2012 Umbrella Policies.

54. Pursuant to the terms of its Umbrella Policies, to the extent that the Wheelock Claims are not covered under the Discover and Old Republic Primary Policies due to the Recording Exclusion, ACE is obligated, pursuant to the terms of its October 1, 2009 to October 1, 2012 Umbrella Policies, to defend CMG, and to pay CMG for and/or to pay on CMG's behalf, all costs of defense of the Wheelock Claims until it has paid the applicable liability limits of its Umbrella Policies for judgments and settlements.

55. CMG has complied with all terms conditions and prerequisites to coverage set forth in the ACE Umbrella Policies and remains ready to perform all of its obligations under the ACE Umbrella Policies.

56. On March 23, 2012, ACE specifically denied its coverage obligations with respect to the Wheelock claims.

57. As a result of the ACE' s breach of its obligations under its Umbrella Policies, CMG has suffered damages in an amount to be determined at trial.

THIRD CAUSE OF ACTION
(Declaratory Relief Against ACE, American Home, Continental, Discover, St. Paul - Duty To Defend and/or Pay Defense Costs - Knell Action)

58. Plaintiffs repeat and reallege the allegations set forth in paragraphs 1 through 57 of this Complaint, as if fully set forth herein.

59. An actual and justiciable controversy exists between Encore and ACE, American Home, Continental, Discover, and St. Paul regarding the existence, scope, and breach of their obligations to Encore under their October 1, 2007 to October 1, 2012 Insurance Policies with respect to the Knell Action.

60. Pursuant to 28 U.S.C. §§ 2201-2202, the Court should enter a declaratory judgment determining the parties' rights, duties and obligations under the October 1, 2007 to October 1, 2012 Insurance Policies with respect to the Knell Action.

61. Pursuant to the terms of their Insurance Policies, ACE, American Home, Continental, Discover, and St. Paul are each obligated, upon the attachment of their individual Insurance Policies, to defend Convergys, pay Convergys for, and/or to pay on Convergys' behalf, all costs of defense of the Knell Action subject to the limits of liability applicable to that obligation as set forth in the individual Insurance Policies.

62. Upon information and belief, ACE, American Home, Continental, Discover, and St. Paul dispute their legal obligations to defend and/or pay for the costs of the defense of the Knell Action.

63. An actual controversy of a justiciable nature presently exists between Encore and ACE, American Home, Continental, Discover, and St. Paul concerning the proper construction of the October 1, 2007 to October 1, 2012 Insurance Policies, and the rights and obligations of the parties thereto, with respect to the duty to defend and/or to pay the costs of defense of the Knell Action.

64. The issuance of declaratory relief by this Court will terminate the existing controversy among the parties.

FOURTH CAUSE OF ACTION
(Declaratory Relief Against All Defendants - Duty To Defend and/or Pay Defense Costs - Wheelock Claims)

65. Plaintiffs repeat and reallege the allegations set forth in paragraphs 1 through 64 of this Complaint, as if fully set forth herein.

66. An actual and justiciable controversy exists between CMG and the Defendants regarding the existence, scope, and breach of Defendants' obligations to CMG under the Insurance Policies with respect to the Wheelock Claims.

67. Pursuant to 28 U.S.C. §§ 2201-2202, the Court should enter a declaratory judgment determining the parties' rights, duties and obligations under the Insurance Policies with respect to the Wheelock Claims.

68. Pursuant to the terms of their Insurance Policies, each Defendant is obligated, upon the attachment of their individual Insurance Policies, to defend CMG, pay CMG for, and/or to pay on CMG's behalf, all costs of defense of the Wheelock Claims subject to the limits of liability applicable to that obligation as set forth in the individual Insurance Policies.

69. Upon information and belief, Defendants dispute their legal obligations to defend and/or pay for the costs of the defense of the Wheelock Claims.

70. An actual controversy of a justiciable nature presently exists between CMG and the Defendants concerning the proper construction of the Insurance Policies, and the rights and obligations of the parties thereto, with respect to the duty to defend and/or to pay the costs of defense of the Wheelock Claims.

71. The issuance of declaratory relief by this Court will terminate the existing controversy among the parties.

FIFTH CAUSE OF ACTION
(Declaratory Relief Against ACE, American Home, Continental, Discover, St. Paul - Duty To Indemnify - Knell Action)

72. Plaintiffs repeat and reallege the allegations set forth in paragraphs 1 through 71 of this Complaint, as if fully set forth herein.

73. An actual and justiciable controversy exists between Encore and ACE, American Home, Continental, Discover, and St. Paul regarding the existence, scope, and breach of their obligations to Encore under their October 1, 2007 to October 1, 2012 Insurance Policies with respect to the Knell Action.

74. Pursuant to 28 U.S.C. §§ 2201-2202, the Court should enter a declaratory judgment determining the parties' rights, duties and obligations under the October 1, 2007 to October 1, 2012 Insurance Policies.

75. Pursuant to the terms of their Insurance Policies, ACE, American Home, Continental, Discover, and St. Paul are each obligated, upon the attachment of their individual October 1, 2007 to October 1, 2012 Insurance Policies, to pay Encore for, and/or to pay on Encore's behalf, all sums that Encore becomes legally obligated to pay, through judgment, settlement or otherwise, arising out of the Knell Action, up to the applicable liability limits of those Insurance Policies.

76. Upon information and belief, ACE, American Home, Continental, Discover, and St. Paul dispute their legal obligations to indemnify Encore, up to the applicable liability limits of their October 1, 2007 to October 1, 2012 Insurance Policies, for the sums that Encore may be legally obligated to pay as a result of the Knell Action.

77. An actual controversy of a justiciable nature presently exists between Encore and ACE, American Home, Continental, Discover, and St. Paul concerning the proper construction of their October 1, 2007 to October 1, 2012 Insurance Policies, and the rights and obligations of the parties thereto, with respect to any judgment or settlement of the Knell Action.

78. The issuance of declaratory relief by this Court will terminate the existing controversy among the parties.

SIXTH CAUSE OF ACTION
(Declaratory Relief Against All Defendants - Duty To Indemnify - Wheelock Claims)

79. Plaintiffs repeat and reallege the allegations set forth in paragraphs 1 through 78 of this Complaint, as if fully set forth herein.

80. An actual and justiciable controversy exists between CMG and the Defendants regarding the existence, scope, and breach of Defendants obligations to CMG under the Insurance Policies with respect to the Wheelock Claims.

81. Pursuant to 28 U.S.C. §§ 2201-2202, the Court should enter a declaratory judgment determining the parties' rights, duties and obligations under the Insurance Policies.

82. Pursuant to the terms of their Insurance Policies, each Defendant is obligated, upon the attachment of their individual Insurance Policies, to pay CMG for, and/or to pay on CMG's behalf, all sums that CMG becomes legally obligated to pay, through judgment, settlement or otherwise, arising out of the Wheelock Claims, up to the applicable liability limits of those Insurance Policies.

83. Upon information and belief, Defendants dispute their legal obligations to indemnify CMG, up to the applicable liability limits of the Insurance Policies, for the sums that CMG may be legally obligated to pay as a result of the Wheelock Claims.

84. An actual controversy of a justiciable nature presently exists between CMG and Defendants concerning the proper construction of the Insurance Policies, and the rights and obligations of the parties thereto, with respect to any judgment or settlement of the Wheelock Claims.

85. The issuance of declaratory relief by this Court will terminate the existing controversy among the parties."

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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