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

GREY 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: 
2:15-cv-01939 Search Pacer
ACE Group party(s): 
Opposing Party: 
JAMES GREY
Court Type: 
Federal
US District Court: 
Eastern District of Pennsylvania

CIVIL ACTION COMPLAINT

1.    Plaintiff, James Grey, is a citizen and resident of the Commonwealth of Pennsylvania,
residing therein at 2543 Finley Avenue, Bensalem, PA 19020.
2.    Defendant, Ace American Insurance Company (hereinafter “Ace”), is a corporation organized
and existing under and by virtue of the laws of the State of Delaware with a principle place of business
therein at 1 Beaver Valley Road, Wilmington, DE 19808.
3.    This Court has jurisdiction pursuant to 28 U.S.C. § 1332(a) because the amount in
controversy, exclusive of interest and costs, exceeds the sum of Seventy-Five Thousand ($75,000.00) Dollars
and there is diversity of citizenship between the plaintiffs and defendant.
5.    Venue in this Court is proper under 28 U.S.C. §1391 because the defendant resides within this
district and the incident involved herein occurred within this district.
6.    At all times material hereto, plaintiffs were insured under a policy of motor vehicle insurance
in which the named insured elected the Full Tort option under the Pennsylvania Motor Vehicle Financial
Responsibility Law.
7.    At all times material hereto, plaintiff was an occupant of a non-private passenger motor
vehicle.
8.    Limited tort option does not apply in this case.
9.    On or about June 28, 2013, at or about 7:05 a.m., plaintiff, James Grey Jr., was operating a
motor vehicle on or near Commerce Circle at or near its intersection with Bristol Pike in Bristol Township,
Pennsylvania.
10.    At the time and place aforesaid, the motor vehicle operated by plaintiff, James Grey, was
insured with defendant, Ace, under a policy for automobile insurance number CAL H08724933 (hereinafter
“policy”).
11.    At the time and place aforesaid, said policy issued by defendant, Ace, was for no less than one
(1)    motor vehicle(s) registered in Philadelphia, PA.
12.    Within the above identified policy of automobile insurance, defendant, Ace, by the terms of
which it contracted to pay first party benefits on account of injuries from a motor vehicle accident, including
but not limited to Underinsured Motorist (hereinafter “UIM”) benefits, to plaintiffs for injuries arising from a
motor vehicle accident involving an underinsured motor vehicle and/or driver.
13.    Defendant’s, Ace, policy number CAL H08724933 provides One Million ($1,000,000.00)
Dollars per person of “UIM” benefits per vehicle insured under said policy.
14.    Defendant, Ace’s, said policy for automobile insurance was in full force and effect on June
28, 2013.
15.    Additional yet to be identified policies issued by defendant under which plaintiff may be an
insured on the date of this accident may have also been in full force and effect on June 28, 2013.
16.    At all times material hereto, defendant, Ace, was acting by and through its respective agents,
servants and/or employees operating in the course and scope of their employment with defendant, Ace.
17.    On or about June 28, 2013, at or about 7:05 a.m., an underinsured motor vehicle operated by
an underinsured operator was traveling on or near Bristol Pike at or near its intersection with Commerce
Circle in Bristol Township, Pennsylvania.
18.    At the time and place as aforementioned, the underinsured operator of the underinsured motor
vehicle carelessly and negligently operated said motor vehicle so as to cause a collision with the motor
vehicle operated by plaintiff, James Grey, as a result of which plaintiff sustained serious, painful and
permanent personal injuries, more particularly hereinafter described.
19.    At the time and place as aforementioned, the underinsured operator of the underinsured motor
vehicle negligently, carelessly and recklessly cared for said vehicle and so negligently, recklessly and
carelessly, operated said vehicle; failed to bring said vehicle to a stop; failed to make proper observations;
failed to exercise that degree of caution and circumspection required by law under the circumstances; failed
to properly guide, steer and control the vehicle and were otherwise careless and inattentive.
20.    The wrongful and negligent conduct of underinsured operator of the underinsured motor
vehicle consisted of, among other things, the following:
(a)    failing to have said motor vehicle under adequate and
proper control;
(b)    operating said motor vehicle at a high and excessive rate
of speed under the circumstances;
(c)    failing to use due caution in driving said motor vehicle upon
the highway;
3
(d)    failing to take due note of the point and position of other
motor vehicles upon the roadway;
(e)    failing to maintain an assured clear distance with other motor vehicle upon the
roadway including the motor vehicle operated by plaintiff;
(f)    failing to yield the right of way;
(g)    failing to warn plaintiff;
(h)    failing to stop said motor vehicle;
(i)    failing to maintain a proper lookout;
(j)    disregarding the designated lanes of travel on the roadway;
(k)    disregarding applicable traffic controls and/or signals;
(l)    disregarding a steady red traffic signal;
(m)    failing to operate said motor vehicle reasonably under the
circumstances;
(n)    violating the statutes and ordinances of the Commonwealth of
Pennsylvania, and the local municipality where the crash
occurred pertaining to the operation of a motor vehicle under the
circumstances;
(o)    striking the motor vehicle operated by plaintiff;
(p)    causing injuries to plaintiff;
(q)    failing to prevent injuries to plaintiff.
21.    As a direct and proximate result of the negligence of underinsured operator of the under insured motor
vehicle, the motor vehicle collided with the motor vehicle operated by plaintiff.
22.    As a direct and proximate result of the negligence of underinsured operator of the underinsured motor
vehicle, as aforesaid, plaintiff, James Grey, was caused to sustain and did sustain serious and
Case 2:15-cv-01939-WB Document 1 Filed 04/14/15 Page 8 of 12
permanent personal injuries requiring the care and treatment of physicians, hospitalization and
medication and has been and will in the future continue to be hampered in his daily routine.
23.    As a result of the aforesaid collision, plaintiff has undergone great physical pain and mental anguish,
and he will continue to endure the same for an indefinite time in the future, to his great detriment and
loss.
24.    As a result of the collision, plaintiff, James Grey, sustained serious and painful bodily injuries,
necessitated medical treatment; caused plaintiff great pain and suffering and left the plaintiff with
permanent disabilities which will in the future incapacitate, cause pain and suffering and require
medical treatment.
25.    Plaintiffs injuries include, but are not limited to cerebral concussion with post-concussion syndrome,
post-traumatic headaches, cervical disc herniation, cervical radiculopathy, cervical strain and sprain,
thoracic strain and sprain, lumbar disc herniation, lumbar radiculopathy, lumbar strain and sprain as
well as other injuries to his head, neck and back, their bones, cells, tissues, nerves, muscles and
functions; and shock and injury to his nerves and nervous system, some or all of which plaintiff has
been advised are or may be permanent in nature.
26.    As a direct and proximate result of the aforesaid negligence and the collision, plaintiff has suffered and will
continue to suffer from pain, discomfort, inconvenience, anxiety, embarrassment, the inability to engage in
his usual activities and the deprivation of the ordinary and usual enjoyment of life and life’s pleasures.
27.    As a direct and proximate result of the aforesaid negligence and the collision, plaintiff has become obliged
to expend and/or incur large sums of money for medical attention and various purposes in an attempt to
Case 2:15-cv-01939-WB Document 1 Filed 04/14/15 Page 9 of 12
effect a cure for the aforesaid injuries, and plaintiff may be compelled to expend and/or incur additional
sums for such medical attention and purposes for an indefinite time in the future.
28.    As a direct and proximate result of the aforesaid negligence and the collision, plaintiff has suffered an
injury which is permanent, irreparable and severe.
29.    As a direct and proximate result of the aforesaid negligence and the collision, plaintiff was unable to attend
to his daily duties and occupation, thereby suffering a loss of earnings and/or impairment of earning
capacity, which plaintiff may continue to suffer for an indefinite time in the future.
30.    As a direct and proximate result of the aforesaid negligence and the collision, plaintiff has or may suffer a
severe loss because of expenses which have been or may be reasonably incurred in obtaining ordinary and
necessaiy services in lieu of those which the plaintiff would have performed, not for income, but for the
benefit of himself, if he had not been so grievously injured.
31.    As a result of the aforesaid negligence, plaintiff has incurred associated incidental expenses for which the
defendant, Ace, is liable.
WHEREFORE, plaintiff demand judgment against defendant in an amount in excess of Seventy-Five
Thousand ($75,000.00), as well as lawful interest and costs.

COUNT I
PLAINTIFFS V. DEFENDANT

32.    Plaintiffs incorporate by reference paragraphs 1 through 31 as if set forth at length herein.
33.    At the time and place as aforesaid, the underinsured operator and the underinsured motor vehicle were
“underinsured.”
34.    Within the said policy of automobile insurance, by the terms of which defendant, Ace, contracted to
pay first party benefits on account of plaintiffs’ injuries, including but not limited to Underinsured
Motorist (hereinafter “UIM”) benefits, to plaintiffs for injuries arising from a motor vehicle accident
involving an underinsured driver and underinsured motor vehicle.
35.    Plaintiff timely placed defendant, Ace, on notice for “UIM” benefits after the subject motor vehicle
collision.
36.    Plaintiff properly complied with the terms and conditions of said policy to bring a claim for “UIM”
benefits under said policy.
37.    The defendant, Ace, policy of automobile insurance provided “UIM” benefits with a combined limit in
the amount of at least $1,000,000.00 per person.
38.    Plaintiff is entitled to make a claim for Underinsured Motorist benefits with Defendant, Ace, pursuant
to said policy.
39.    Plaintiff has demanded payment of Underinsured Motorist benefits from Defendant, Ace.
40.    Defendant, Ace, is obligated to provide Underinsured Motorist benefits to Plaintiff.
41.    It is the duty and obligation of Defendant, Ace, to pay Underinsured Motorist benefits to Plaintiff.
42.    Defendant, Ace, is in breach of its contractual obligations to plaintiff.
WHEREFORE, plaintiff demand judgment against defendant in an amount in excess of Seventy-Five
Thousand ($75,000.00), as well as lawful interest and costs.

VERIFICATION

The undersigned, having read the attached which was prepared by my attorneys, hereby
verifies that the information contained therein may include information furnished to my attorneys
by individuals other than myself; that the language used therein is that of my attorneys, and that
to the extent tire information set forth therein is not known to me, 1 have relied upon my
attorneys in taking this Verification, Subject to the above limitations, the information contained
therein is hue and correct to the best of my information, knowledge and belief, subject to the
penalties imposed by 18 Pa. C.S. 4904.
 

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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