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

EVERGREEN ENERGY, INC. et al v. ACE AMERICAN 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: 
1:11-cv-01700 Search Pacer
ACE Group party(s): 
Opposing Party: 
Evergreen Energy, Inc.
Court Type: 
Federal
US District Court: 
District of Colorado
Date Filed: 
Jun 29 2011

"IV. CLAIMS FOR RELIEF
FIRST CLAIM FOR RELIEF
BREACH OF CONTRACT

27. The Insureds incorporate each of the allegations described above as if set forth in full herein.

28. The Policy is a contract that ACE entered into with the Insureds to pay claims tendered by the Insureds.

29. ACE has failed and refused to pay claims covered under the Policy.

30. The Insureds have performed their part of the contract by paying ACE substantial premiums on a timely basis that ACE has accepted and retained.

31. The Insureds have otherwise met all conditions precedent under the Policy.

32. The Insureds have been damaged and continue to be damaged by ACEís breach of contract.

 

SECOND CLAIM FOR RELIEF
COMMON LAW BAD FAITH BREACH OF INSURANCE CONTRACT

33. The Insureds incorporate each of the allegations described above as if set forth in full herein.

34. The Insureds have been injured and suffered damage. The Policy contains an implied covenant of good faith and fair dealing under which ACE agreed to treat the Insureds
fairly, honestly and in good faith, to faithfully perform its duties under the Policy, and to do nothing to impair, interfere with, hinder, or potentially injure the Insuredsí right to receive the benefits of the Policy.

35. ACE has acted unreasonably, in a dishonest manner that is not in good faith or fair, and has failed to perform its duties faithfully under the Policy by, among other things, unreasonably delaying the provision of its coverage decision, refusing to acknowledge coverage under the Policy, forcing the Insureds to file this lawsuit to collect full payment, interpreting
ambiguities in the Policy in its own favor, relying on equivocal case law to advance its own position and placing its own interests above those of its Insureds.

36. ACE knew that its conduct and actions were unreasonable and/or recklessly disregarded the fact that its conduct and actions were unreasonable.

37. ACEís unreasonable conduct and/or actions were the causes of the Insuredsí injuries, damages and losses. The injuries resulting from ACEís bad faith breaches of its Policy
are attended by circumstances of malicious and willful and wanton conduct. The Insureds reserve the right to seek an award of exemplary damages against ACE by amending the pleading at the appropriate time.

 

THIRD CLAIM FOR RELIEF
VIOLATION OF C.R.S. § 10-3-1115 AND -1116
 

38. The Insureds incorporate each of the allegations described above as if set forth in full herein.

39. ACE has unreasonably delayed and denied payment of claims for benefits under the Policy as described above.

40. The Insureds are ìfirst party claimantsî as defined in C.R.S. § 10-3-1115.

41. The Insureds have been damaged by ACEís unreasonable delay and denial of payment of claims for benefits under the Policy in violation of C.R.S. § 10-3-1115.

42. The Insureds hereby bring an action to recover their reasonable attorneysí fees and two times the covered benefit as set forth in C.R.S. § 10-3-1116.

43. ACE ís unreasonable conduct and/or actions were the causes of the Insuredsí injuries, damages and losses. The injuries resulting from ACEís bad faith breaches of its Policy
are attended by circumstances of malicious and willful and wanton conduct. The Insureds reserve the right to seek an award of exemplary damages against ACE by amending the pleading at the appropriate time.

 

FOURTH CLAIMFOR RELIEF
DECLARATORY JUDGMENT

44. The Insureds incorporate each of the allegations described above as if set forth in full herein.

45. This claim is brought pursuant to 28 U.S.C. § 2201 et seq., relating to Declaratory Judgments, and Fed. R. Civ. P. 57 to determine and declare the rights, obligations and status of the parties under the Policy.

46. There aer current and ongoing disputes between the Insured and ACE concerning the validity and effect of the Policy and whether and how much ACE has to pay the Insureds under the Policy in indemnity and defense costs. Such disputes also include issues of notice of the claims the Insureds provided under the Policy, and whether the Policy provides grounds for ACE to deny the Insuredsí claims given allegations of late notice. Further, ACE contends that it did not act in bad faith when it delayed provision of a coverage opinion and only communicated regarding coverage ten days prior to trial, when the Insureds were incapable of responding adequately to ACEís coverage position.

47. The Insureds are entitled to the Courtís determination and declaration that the Policy is valid and enforceable, that the Policy requires ACE to pay the Insureds pursuant to the terms and conditions of the Policy, that ACE has not acted reasonably and in conformance with its duties of good faith and fair dealing toward the Insureds and that the Insureds are entitled to such additional relief, including orders of specific performance and/or injunction, damages, attorneysí fees and costs, as is necessary to effectuate the foregoing determinations and declarations and to afford complete 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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