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

ESTATE OF MARCUCCI et al v. COMBINED INSURANCE COMPANY OF AMERICA

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-02006 Search Pacer
ACE Group party(s): 
Opposing Party: 
Estate of Marcucci
Court Type: 
Federal
US District Court: 
District of Colorado
Date Filed: 
Aug 3 2011

"I. GENERAL ALLEGATIONS

1. This case involves life insurance on the life of William Marcucci. The decedent, William Marcucci, was born on July 28,1943. He died on May 20, 2008.

2. The Marcucci Estate was opened on June 18, 2008. Decedent's son, William Silvi, was appointed personal representative.

3. Prior to his death, the decedent had applied for life insurance with the Defendant insurance company. A policy was issued covering the decedent's life. (A copy of the policy is attached as Exhibit A.)

4. The policy provided for life insurance benefits in the amount of $500,000.00.

5. Mr. Silvi is a resident of Colorado. The Estate was opened in El Paso County, Colorado.

6. The life insurance contract was entered into in El Paso County, Colorado and for this reason venue appropriately lies in this Court pursuant to Rule 98 of the Colorado Rules of Civil Procedure.

 

II. FIRST CLAIM FOR RELIEF
BREACH OF CONTRACT

7. Following William Marcucci's death, an application for life insurance proceeds was filed with the Defendant. A copy is attached as Exhibit B.

8. The Defendant has breached its obligation to pay life insurance death benefits to the designated beneficiary.

 

III. SECOND CLAIM FOR RELIEF
BAD FAITH BREACH OF CONTRACT

9. The Defendant acted unreasonably in failing to pay the insurance proceeds as the life insurance contract required.

10. In failing to comply with the terms of the life insurance contract, the Defendant engaged in unfair settlement practices in violation of C.R.S. § 10-3-1104 (l)(h).  The unfair claims settlement practices include but are not limited to:

A. Failing to acknowledge and act reasonably promptly upon communication with respect to the claim.
B. Failing to adopt and implement reasonable standards for prompt investigation of claims arising under insurance policies.
C. Refusing to pay claims without conducting a reasonable investigation basedupon all available information.
D. Failing to affirm or deny coverage within a reasonable time after the claimwas submitted.
E. Not attempting in good faith to effectuate prompt, fair and equitable settlement of a claim in which liability has become reasonably clear.

11. The Plaintiffs have sustained damages and losses as a consequence of the Defendant's bad faith in breaching their insurance contract.

WHEREFOR, it is respectfully requested that this Honorable Court enter judgment in favor of the Plaintiffs and against the Defendant in such sum as will reasonably compensate the Plaintiffs for their injuries, damages and losses together with interest, costs, and such other relief as this Court deems just and proper under the circumstances."

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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