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

GAMEZ 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-22842 Search Pacer
ACE Group party(s): 
Opposing Party: 
Eurys Gamez
Court Type: 
Federal
US District Court: 
Southern District of Florida
Date Filed: 
Aug 6 2011

"COUNT I
Breach of Contract

10. Gamez realleges and reincorporates Paragraphs 1 through 9 as Paragraph 10 of Count I.

11. On or about November 23, 2007, while Gamez’s policy was in full force andeffect, Gamez suffered a covered loss under the policy.

12. As a direct and proximate result of the loss, Gamez incurred a complete loss of the entire vessel, its trailer, and personal effects in excess of the policy limits.

13. Gamez has fully complied with all conditions precedent as required by the policy, or those conditions have been waived.

14. Although Gamez has repeatedly requested that ACE American pay Gamez the amounts due under the terms of the policy, ACE American has failed to pay Gamez such sums due and owing.

15. As a result of ACE American’s refusal to pay Gamez under the policy, it has become necessary for Gamez to retain undersigned counsel to whom Gamez has become obligated to pay reasonable attorney's fees in connection with the prosecution of this action.

16. Gamez is entitled to recovery of such reasonable attorneys’ fees and costs incurred upon rendition of a judgment in his favor, pursuant to Florida Statute §627.428

WHEREFORE, Plaintiff, EURYS GAMEZ, requests judgment against Defendant, ACE AMERICAN INSURANCE COMPANY, for damages and prejudgment interest, together with attorneys’ fees and costs, and all other relief that this Court deems just and proper."

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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