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

ILLINOIS UNION INSURANCE COMPANY v. U-LINE CORPORATION

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-14070 Search Pacer
ACE Group party(s): 
Court Type: 
Federal
US District Court: 
Southern District of Florida
Date Filed: 
Mar 2 2015

PARTIES
1. Plaintiff, Illinois Union Insurance Company (hereinafter “Illinois Union”) is and
has been at all material times organized under the laws of the State of Illinois, with a principal
office address of 525 West Monroe Street, Suite 400, Chicago, Illinois 60661.
2. Defendant, U-Line Corporation, (hereinafter “U-Line”), is and has been at all
times material a foreign corporation. U-Line’s principal place of business is 8900 N. 55th St.,
Milwaukee, Wisconsin 53223, whose registered agent for service is Corporation Service
Company, 8040 Excelsior Drive, Suite 400, Madison, Wisconsin 53717.

JURISDICTION AND VENUE

FACTS COMMON TO AND INCORPORATED INTO ALL COUNTS
7. On a date prior to May 20, 2013, Illinois Union issued a policy of insurance
(hereinafter the “Policy”) for the real property and contents owned by George Shinn (hereinafter
“Mr. Shinn”), for his home located at 520 Bay Drive, in Vero Beach, FL 32963 (hereinafter “the
Home”).
8. On or about May 20, 2013, a leak (hereinafter the “Leak”) was discovered in the
Home.
9. The Leak originated in an ice maker, model number U-B12115B-00, serial number
072251-11 -0021 (hereinafter the “Ice Maker”).
10. The Ice Maker was manufactured by the Defendant.
11. The Ice Maker is an under the counter unit that was installed new in the Home in
the summer of 2012.
12. Once installed, the Ice Maker was not serviced or moved until the Leak was
discovered.
13. After the Leak was discovered, the Ice Maker was removed from the Home and
examined (hereinafter the “Examination”) by representatives of the Plaintiff and the Defendant.
14. The Examination revealed no evidence that the Ice Maker had been subjected to
any substantial exterior trauma.
15. During the Examination, it was determined that the Leak was caused by a crack in
the water supply line (hereinafter the Supply Line”) in the interior of the Ice Maker.
16. The Supply Line was wholly located inside the cabinet of the Ice Maker.
17. The crack in the Supply Line was not caused by any external trauma to the Ice
Maker.
18. Mr. Shinn tendered a claim for the damages caused by the Leak to Illinois Union.
Illinois Union paid $205,000.00 for damages covered under the Policy.
19. A copy of the insurance contract is not attached hereto because Florida Rule of
Civil Procedure 1.130(a) only requires attachment of “bonds, notes, bills of exchange, contracts,
accounts, or documents upon which action may be brought or defense made” but forbids
“unnecessary recitals of deeds, documents, contracts, or other instruments,” whereas this case
involves no breach of the insurance contract, no claim between the parties to the insurance
contract, and no claim of failure to pay under the contract such that the contract is not one “upon
which” these claims are brought: and the case of Firestone Service Stores, Inc., o f Gainesville v.
Wynn, 179 So. 175 (Fla. 1938) holds that an insurance policy need not even be introduced at trial
by the subrogated insurer to establish the right of subrogation since the terms of the policy are not
in issue and only question concerning policy is its issuance and the payment under the policy to
the insured.
20. Illinois Union is now legally and equitably subrogated to the rights of Mr. Shinn
with regard to the damages he suffered due to the Leak to the extent of its payment under the
Policy.
21. Illinois Union has met all conditions precedent to filing this civil action against the
Defendants.

COUNT I - NEGLIGENCE

COUNT II-STRICT PRODUCTS LIABILITY

WHEREFORE, Illinois Union demands judgment against Defendant in an amount in
excess of the jurisdictional limitation of this court for actual, incidental, and consequential
damages, plus interest, costs of this action as may be allowed by law, and for such other and
further relief as this Court deems just and proper.
Respectfully submitted this the 12th day of December 2014.

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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