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

JHS CAPITAL ADVISORS, LLC 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: 
8:12-cv-02006 Search Pacer
Opposing Party: 
JHS Capital Advisors, LLC
Court Type: 
Federal
US District Court: 
Middle District of Florida
Date Filed: 
Sep 4 2012

"COUNT I - DECLARATORY JUDGMENT
20. Plaintiff incorporates the allegations of paragraphs 1 through 19 above.

21. This is an action for a declaratory judgment pursuant to section 86.011, Florida Statutes, for the purpose of determining a question arising from an actual controversy between the parties.

22. In light of the FINRA Panel's entry of an arbitration award far in excess of the stated limits of the Policies, and in light of the fact that the policy provides coverage without the application of any exclusions which might bar or. limit coverage, and in light of Westchester's insistence to the contrary, a present and actual case or controversy exists between the parties, so that a declaratory judgment is appropriate.

23. This Court is called upon to declare invalid the exclusions and defenses to coverage which were cited by Westchester in support of its refusal to indemnify JHS, and in support of its refusal to meaningfully participate in an effort to settle the underlying claim against JHS, and declare that Westchester owes JHS compensation for the loss incurred.

WHEREFORE, Plaintiff JHS asks this Court to:
a] Enter judgment declaring that Westchester has no defense to coverage under the Policy and that it owed, and continues to owe, JHS compensation for the loss incurred; and
b] Enter judgment in favor of JHS for all damages sustained, consistent with the declaration; and
c] Award attorney fees pursuant to section 627.428, Florida Statutes, along with costs, interest, and such other relief as may be just and equitable.

COUNT II - BREACH OF CONTRACT

24. JHS incorporates the allegations paragraphs 1 through 19 above.

25. Pursuant to the terms and conditions of the Policy, Westchester owes JHS indemnity for the loss incurred as a result of Sisk's claim..

26. Westchester's refusal to compensate JHS for this loss constitutes a breach of contract.

27. Westchester must compensate JHS for all its damages, which include but are not limited to damages awarded by the FINRA Panel, and attorneys' fees and costs incurred in connection with this lawsuit.

WHEREFORE, Plaintiff demands judgment against Defendant for all damages sustained, along with attorneys' fees pursuant to section 627.428, Florida Statutes, costs, interest, and such other relief as may be just and equitable."

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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