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

GREAT SOUTHERN WOOD PRESERVING, INCORPORATED v. WESTCHESTER FIRE INSURANCE COMPANY et al

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: 
1:13-cv-00590 Search Pacer
ACE Group party(s): 
Opposing Party: 
Great Southern Wood Preserving, Incorporated
Court Type: 
Federal
US District Court: 
Middle District of Alabama
Date Filed: 
Aug 16 2013

"Count One: Breach of Contract

44. Great Southern adopts and reasserts the allegations in paragraphs 1 through 43.

45. Westchester issued the Policies to Great Southern.

46. The Policies provide defense and indemnity coverage for the Whitecap lawsuit and the End-User Virgin Islands lawsuits.

47. Westchester agreed to and has actually participated in the defense of the Whitecap lawsuit and the End-User Virgin Islands lawsuits.

48. Westchester expressly agreed to pay 50% of the Lightfoot Franklin attorney fees, the Bryant Barnes attorney fees, and all other defense costs incurred in the Whitecap lawsuit and the End-User Virgin Islands lawsuits.

49. Great Southern has performed all its obligations under the Policies.

50. Westchester has breached the Policies.

51. Westchester has also breached separate agreements to pay 50% of defense fees and $50,000 of the Whitecap settlement.

52. Westchester has waived its right to challenge coverage of many or all of the End-User Virgin Islands lawsuits by virtue of its participation in the defense without reserving any rights.

53. Great Southern has been damaged by virtue of Westchester's breaches of its insurance contract and its separate agreement to pay 50% of the defense costs and $50,000 of the Whitecap settlement."

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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