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

HEADWATERS RESOURCES v. ILLINOIS UNION INSURANCE 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: 
2:09-cv-01079 Search Pacer
Opposing Party: 
HEADWATERS RESOURCES
Court Type: 
Federal
US District Court: 
District of Utah
Date Filed: 
Dec 8 2009

"Count One - Breach of Contract
37. Headwaters incorporates paragraphs 1 through 36 by reference as though fully set forth.
38. Defendants' repudiation of their contractual obligations is a breach of their contracts that has proximately caused Headwaters to suffer damages including attorney's fees, allocated loss adjustment expenses and other costs in the underlying cases and to be exposed to other future losses in an amount greatly in excess of the minimum jurisdictional authority of this Court.
39, Plaintiff is entitled to recover its reasonable attorney's fees necessitated to enforce its rights under the insurance policies described in this case.
Count Two - Bad Faith
40. Plaintiff incorporates paragraphs 1 through 39 by reference as though fully set forth,
41. By virtue of the provisions in the various policies they issued and for which they accepted substantial premiums, Defendants are fiduciaries and owe Plaintiff the highest degree of care to act fairly and reasonably in the evaluation and disposition of liability claims against Plaintiff."

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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