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

THE FLORIDA STRAWBERRY FESTIVAL, INC. 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: 
0:13-cv-62558 Search Pacer
ACE Group party(s): 
Opposing Party: 
The Florida Strawberry Festival, Inc.
Court Type: 
Federal
US District Court: 
Southern District of Florida
Date Filed: 
Nov 25 2013

COUNT I-DUTY TO DEFEND AND TO INDEMNIFY
23. FSF restates and realleges paragraphs 1 through 22, inclusive.
24. That there is an actual controversy between the Plaintiff and FSF concerning
whether the ACE Policy provides liability coverage, including defense and indemnity for FSF in
the underlying negligence action brought by the McRae Plaintiff.

25. Because of the dispute between the parties as set forth above, FSF is in need of
judicial interpretation or construction of the aforementioned insurance policy as it relates to
whether ACE owes a defense and/or indemnity to FSF in the underlying negligence action
referenced above.
26. Without this Court's declaration, the McRae Litigation cannot be settled, as the
parties are in doubt as to their respective rights and obligations.
27. Pursuant to 28 U.S.C. ss. 2201 and 2202, this Court has the power to declare the
rights and obligations of the parties under the Policy and the Midway Contract.
28. WHEREFORE, FSF respectfully requests this Court to:
A. Take jurisdiction over this matter;
B. Find and declare that ACE is obligated to provide a defense to FSF;
C. Find and declare that ACE has an obligation to indemnify FSF.
D. Enter any other order the Court deems proper under the evidence and
circumstances, including but not limited to an award of costs and attorneys should FSF be
deemed the prevailing party.
COUNT II
(Breach of Contract)
29. FSF hereby alleges and incorporates by reference paragraphs 1 through 22
inclusive.
30. That FSF is an Additional Insured under the ACE Policy referenced above and is
an insured pursuant to 2b(2)(a)(b).
31. That as an Additional Insured, FSF is entitled to coverage under the ACE Policy
and to defense and indemnity in connection with the McRae Litigation claims against FSF.

32. That ACE has failed to provide such defense and indemnity and as a consequence
FSF has incurred actual damages, which include costs and attorneys fees incurred by FSF to
defend against the McRae plaintiffs claims.
33. That FSF has and will continue to incur damages in the form of costs and
attorneys fees, or as a result of the McRae plaintiffs claims against FSF, due to ACE's current
and continuing failure to provide defense and indemnity in breach of its obligations under the
ACE Policy.
WHEREFORE, The Florida Strawberry Festival, Inc. demands judgment and favor
against ACE American Insurance Company and such other and further relief as the Court deems
just and proper, including costs and attorneys fees.
DEMAND FOR JURY TRIAL
Plaintiff, The Florida Strawberry Festival, Inc. demands trial by a jury on all issues
triable as a matter of right.

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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