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

HARTFORD CASUALTY INSURANCE COMPANY v. WESTCHESTER SURPLUS LINES 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: 
04/22/2011 Search Pacer
Opposing Party: 
Hartford Casualty Insurance Company
Court Type: 
Federal
US District Court: 
Southern District of Florida
Date Filed: 
Apr 22 2011

"14. This cause of action stems from certain claims relating to the construction of a condominium building known as the Ocean Grande Beach & Marina Condominium in Hillsboro Beach, Florida (the “Ocean Grande Project”).

15. Miller & Solomon served as the general contractor for the Ocean Grande Project.

16. Hartford issued payment and performance bonds for the Ocean Grande Project on behalf of Miller & Solomon.

17. On July 21, 2006, Miller & Solomon, through counsel, demanded that Westchester provide defense and coverage relating to construction defect claims from the Ocean Grande Beach & Marina Condominium. A true and correct copy of the July 21, 2006 correspondence is attached hereto as Exhibit “B.”"

"33. A present controversy exists between the parties requiring an immediate and definitive adjudication and determination of the legal rights between the parties with respect to costs and fees incurred in the defense of Miller & Solomon in the Ocean Grade Action."

"WHEREFORE, Plaintiff HARTFORD CASUALTY INSURANCE COMPANY, demands judgment, including declaratory and supplemental relief, against Defendant WESTCHESTER SURPLUS LINES INSURANCE COMPANY: (a) declaring that Plaintiff, as equitable subrogee of Miller & Solomon General Contractors, Inc., is entitled to coverage under Defendant’s Commercial General Liability Policy; (b) declaring that Defendant is responsible for all (or some) of the attorneys’ fees and costs Plaintiff expended defending Miller & Solomon General Contractors, Inc. in the lawsuit prosecuted by the Peninsula Condominium Association; (c) awarding Plaintiff $24,592.78 in damages, plus pre-judgment and post-judgment interest, (d) awarding Plaintiff the costs it expends in the instant action pursuant to section 57.041 of the Florida Statutes; and (e) such other relief deemed just and proper.
Date: April 22nd , 2011. "

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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