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

HERTZ CORPORATION, THE et al v. VANVA, INC. DBA CUBS PARK SERVICE et al docket

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: 
1:14-cv-01525 Search Pacer
ACE Group party(s): 
Opposing Party: 
Hertz Corporation, The
Court Type: 
Federal
US District Court: 
Northern District of Illinois
Date Filed: 
Mar 4 2014

BACKGROUND FACTS
9. On or about September 13, 2010, VANVA and HERTZ entered into the Agency
Agreement. (See, Agency Agreement between VANVA and HERTZ attached as Ex. A).
10. Pursuant to section 2.1(c) of the Agency Agreement, Hertz agreed to furnish on
behalf of VANVA in connection with VANVA or VANVA's employee's necessary operation
of any vehicle within the scope of the Agency Agreement protection against automobile
liability. Such liability protection will be provided against liability to third parties and such
protection will have limits for bodily injury or death up to $100,000 for each person and
$300,000 for each accident, and $25,000 for property damage including HERTZ' responsibility
as vehicle owner. (Ex. A at section 2.1(c)).
11. Pursuant to section 7.1 of the Agency Agreement, VANVA, at its expense will
maintain Comprehensive General Liability Insurance ("CGL policy"), including contractual,
personal injury, completed operations and Fire Liability Insurance which covers VANVA's
location and VANVA's operations but only as respects VANVA's activities involving rental of
Hertz vehicles. Said insurance will be primary and not excess, with combined limits of
$1,000,000. (Ex. A at section 7.1).
12. In order to comply with its obligations under 7.1 of the Agency Agreement,
VANVA agreed to accept insurance from ACE with the premiums for the policy deducted
from the monthly commission checks from HERTZ. (See, Insurance Acceptance Form,
attached as Ex. B).
13. Pursuant to 7.1 of the Agency Agreement and the Insurance Acceptance Form,
VANVA was named in an endorsement to the ACE policy OGL G22526004 and that the ACE
insurance only applies to "bodily injury", "property damage", "personal advertising injury" and
medical expenses arising out of the ownership, maintenance or use of the VANVA premises
and operations necessary or incidental to the VANVA premises effective November 1, 2011 to
November 12, 2012. (See, ACE policy OGL G22526004 at the Commercial General Liability
Coverage Form endorsement which is attached as Ex. C) (hereinafter "the Policy").
14. On January 6, 2012, HARRIS was operating a car owned by HERTZ in the
course and scope of his employment with VANVA when HARRIS was involved in an accident
with CARNAHAN near the intersection of Halsted and Waveland Streets in Chicago, Illinois
("the Claim").
15. Subsequent to the Claim, CARNAHAN filed a complaint against HARRIS and
against VANVA under a theory of respondeat superior for the negligent conduct of HARRIS in
the Circuit Court of Cook County, Illinois, Law Division, under docket number 12 L 2780.
16. Subsequent to the filing of the Claim in state court, VANVA tendered the
defense and indemnification of VANVA and HARRIS to HERTZ pursuant to the Agency
Agreement.
17. HERTZ accepted the tender of the defense and indemnification of VANVA and
HARRIS pursuant to section 2.1 (c) of the Agency Agreement with limits for bodily injury or
death up to $100,000 for each person and $300,000 for each accident, and $25,000 for property
damage including HERTZ' responsibility as vehicle owner. (Ex. A at section 2.1(c)).
18. On or about January 9, 2014, VANVA demanded coverage for the Claim under
the Policy.
19. VANVA is not entitled to coverage for the Claim under the Policy because the
Claim is excluded from coverage under the Policy pursuant to 2 (g) of the Policy. (Ex. C at 2
(g))-
THE AGENCY AGREEMENT
20. Section 2.1(c) of the Agency Agreement provides:
(Ex. A at 2.1(c)).
21. Section 7.1 of the Agency Agreement provides:
7.1 At »U tiuTM white lbs AgrwmMii la ia effect, Agent, it its txpensos, will flifllnwta with an
insurance wurier sttilthaioty to Hertz, Coirptthcoslvo General pliability Tnstirtaw, inctadinj;
contractu*), jwmoruU tnjury, corrinlMed opmilont and Pkft l<eM TJebQity Injure***, ^Msh
covtre ttw Location, and A$oat'» opcrAtions,, but ottly M rtspeo * A gent's Rcn\viilpB involving
rental of Kerte veb'elsf, TTIP polloy will nam* Kortz, Hwte Sy*tetn, Inc., fa)\t r«p*tfivfr
subsjdinrlec, affili&twi and parent coxnpflny> *& now &i\i htrtalto c ou*tihned, and rfuir respective
omployotB, *JJ oddrtiwul iaiuttdi for liability for bodily injury iaslddltig dwih and properly
dimag«f. Said losifrftocd will bo prbnwy w>d not exco**, wlilt «>: nbln&d efoglc limit of juot ten
than One Miflfon Gfl,000,ODO) Dollars &r bodily Injury, inaludtrifi dabtb. and property ODiriDge in
anyouaoceurr*Aee.
(Ex. A at 7.1)
THE ACE POLICY
22. The Policy excludes coverage for autos as follows:
2. Exclusions
This insurance does not apply to:
* **
g. Aircraft, Auto Or Watercraft
"Bodily injury" or "property damage" arising out of the
ownership, maintenance, use or entrustment to others of any
aircraft, "auto" or watercraft owned or operated by or rented or
loaned to any insured. Use includes operation and "loading or
unloading". This exclusion applies even if the claims against any
insured allege negligence or other wrongdoing in the supervision,
hiring, employment, training or monitoring of others by that
insured, if the "occurrence" which caused the "bodily injury" or
"property damage" involved the ownership, maintenance, use or
entrustment to others of any aircraft, "auto" or watercraft that is
owned or operated by or rented or loaned to any insured.
(Ex. Cat2(g)).
23. "Auto" is defined in the Policy as follows:
2. "Auto" means:
a. A land motor vehicle, trailer or semitrailer designed for travel
on public roads, including any attached machinery or equipment;
or
b. Any other land vehicle that is subject to a compulsory or
financial responsibility law or other motor vehicle insurance law
in the state where it is licensed or principally garaged.
(Ex. C at Section V (2)).
24. The vehicle operated by HARRIS at the time of the Claim was a land motor
vehicle that was subject to the financial responsibility laws of Illinois.

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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