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

JENNINGS CONSTRUCTION SERVICES CORP. 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: 
6:10-cv-01671 Search Pacer
ACE Group party(s): 
Opposing Party: 
Jennings Construction Services Corp.
Court Type: 
Federal
US District Court: 
Middle District of Florida
Date Filed: 
Nov 10 2010

"...15. As a result, ACE denied both defense costs and indemnification obligations to the insured under the Policy.
16. ACE never undertook any investigation obligations pursuant to its Policy with respect to the allegations of the complaint involving the design and construction of the HV AC...
...41. ACE has committed a material breach of contract associated with the ACE policy and its insureds in the underlying litigation against AMPAM and/or KAISER.
42. As a result of ACE's material breaches of contract, ACE refused to provide a defense and/or indemnification obligations to the insureds in the underlying litigation, namely AMPAM and/or KAISER.
43. As a result of AGE's material breach of contract, AMPAM and KAISER executed the Agreement for Consent Judgment attached hereto as Exhibit "F" to avoid exposure associated with ACE's wrongful denial of coverage.
44. As such, JENNINGS has been damaged in the amount contained herein.
45. Florida law allows JENNINGS to bring an action directly against ACE pursuant to ACE's refusal to provide a defense/indemnification obligations and JENNINGS'
execution of the Agreement for Consent Judgment."

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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