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

J.K. PROJECT GROUP, INC. 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: 
1:15-cv-23984 Search Pacer
ACE Group party(s): 
Opposing Party: 
J.K. Project Group, Inc.
Court Type: 
Federal
US District Court: 
Southern District of Florida
Date Filed: 
Oct 23 2015

AMENDED COMPLAINT
Plaintiff, J.K. PROJECT GROUP, INC (“Plaintiff1), by and through the undersigned
counsel, hereby sues Defendant, ACE AMERICAN INSURANCE COMPANY (herein after
referred to as “ACE"), and as grounds therefore would state as follows:

GENERAL ALLEGATIONS

1.

This is an action for damages in excess of fifteen thousand (515,000.00) dollars exclusive
of interest and costs,

2,

At all limes material hereto Plaintiff was and is the owner of a storage tank and real
property located at 6776 SW 117'1’ Ave, Miami, in Dade County, Florida (“properly.”).

 

Plaintiff purchased a policy of insurance from ACE, policy number 024671859 002,
policy period from October I, 2009 through October I, 2010. A true and accurate copy of the
policy is attached hereto as Exhibit “A”.

4.

Plaintiff has paid all premiums on said policy, and the policy was in full force and effect
at all relevant times herein,

5.

On or about April of 2010, a fuel truck discharged fuel onlo Plaintiffs subject property
so that the Department of Environmental Resources Management (“DERM”) issued a Notice that
corrective actions must take place.

6.

The damage to the Plaintiff s property was due to a release and therefore a covered peril
under the policy.

7.

Prior to the loss, DERM was monitoring the property. There were no corrective actions
required other than monitoring.

8.

Plaintiff has made application for insurance benefits under the policy. Plaintiff submitted
to ACE the requested documentation in its possession. Defendant/Jnsurer, ACE has failed and
refused to pay for any damages,

9.

In December of 2010, the Department of Environmental Resources Management
discovered 12 inches of free (lowing produce in a different area of Plaintiffs property. It is
unknown how the discharge occurred.



to.

The damage to (he Plaintiffs property was due to a release and therefore a covered peril
under the policy.

11.

Plaintiff purchased a policy of insurance from ACE, policy number G24671859 002,
policy period from October I, 2010 through October I, 2011. A true and accurate copy of the
policy is attached hereto as Exhibit “B”.

12.

Plaintiff has made application for insurance benefits tinder the policy, but
Defendant/lnsurer, ACE has failed and refused to pay for any damages.

Count I - Breach of Contract
(Breach of contract for April of 2010 discharge)

13.

Plaintiff re-alleges all allegations contained in paragraphs one through seven and further
alleges the following:

M.

Sometime in April of 2010, a fuel truck owned by Direct Fuel Transport, Inc, discharged
fuel onto Plaintiff's subject property so that the Department of Environmental Resources
Management (“DERM ’) issued a Notice that corrective actions must lake place.

15.

On or about February 26, 2009, the prior owner provided a lank and lino test. The test
results were good. Additionally, on June 27, 2009, J.co D. Adancs, President of Blue Stone
Environmental guaranteed that there was no further action required by DERM. The only
requirement was monitoring the site. DERM did not require the soils to be remediated.



16.

The claim was timely reported to Plaintiffs insurer, Defendant, ACE.

17.

Plaintiff has complied with all conditions precedent to bringing all causes of action
alleged in this complaint or the Defendant, ACE, has waived or is estopped from asserting the
same.

18.

As a result of Defendant, ACE’S, refusal to accept coverage, Plaintiff retained a public
adjuster. Defendant, ACE, still refused to give coverage.

19.

Defendant, ACE, has breached the policy by denying the claim.

20.

Defendant, ACE, has broached its insurance contract by failing to pay all of the
aforementioned benefits due and owing under the policy.

21.

PlaintilT has suffered damages as a result of not having benefits paid pursuant to the
insurance policy.

22.

All conditions precedent to obtaining payment of said benefits under the policy from
Defendant/, ACE, have been complied with, met, or waived.

23.

Plaintiff was forced to retain legal counsel to represent their interests in this cause and is
obligated to pay a reasonable fee for services rendered pursuant to Florida Statute §627.d28.

WHEREFORE, Plainiill*, J.K. PROJECT GROUP, INC., demands judgment against the
Defendant, ACE AMERICAN INSURANCE COMPANY, for an amount exceeding Fifteen-
Thousand Dollars ($15,000.00), exclusive of costs, interest, pre-judgment interest, attorney’s
fees and costs and all other relief deemed just and appropriate by this Court and Plaintiff
respectfully requests a jury' trial.

Count II — Breach of Contract
(Brencli of contract Tor December 2010 discharge)

24.

Plaintiff re alleges all allegations contained in paragraphs one, two, seven through twelve
and further alleges (he following:

25.

On or about December 12, 2010, DERM performed an inspection which revealed at least
12 inches of free flowing product in a different area of the loss.

26.

It is unknown what caused the release. DERM has acknowledged a discharge and
requires that the property be remediated.

27.

The claim was timely reported to Plaintiff’s insurer, Defendant, ACE.

28.

Plaintiff has complied with all conditions precedent to bringing all causes of action
alleged in this complaint or the Defendant, ACE, has waived or is estopped from asserting the-
same.

29.

Defendant, ACE, has breached the policy by improperly denying the claim.

30.

Defendant, ACE, lias breached its insurance contract by failing to pay all of the
aforementioned benefits due and owing under the policy.

31.

Plaintiff has suffered damages as a result of not having benefits paid pursuant to the
insurance policy.

32.

Plaintiff was forced to retain legal counsel to represent their interests iu this cause and is
obligated to pay a reasonable fee for services rendered pursuant to Florida Statute §627,428,

WHEREFORE, Plaintiff, J.K. PROJECT GROUP, INC., demands judgment against the
Defendant, ACE AMERICAN INSURANCE COMPANY, for an amount exceeding Fifteen-
Thousand Dollars ($15,000.00), exclusive of costs, interest, pre-judgment interest, attorney’s
fees and costs and all other relief deemed just and appropriate by this Court and Plaintiff
respectfully requests a jury trial.

Count III - Declaratory Action
(Declaratory Action for February 11,2014 discharge)

33.

Plaintiff re-all eyes all allegations contained in paragraphs one through thirty two and
further alleges the. following:

34.

Plaintiff files this declaratory action concerning its rights under Storage Tank Third Parly
Liability' Correction Action and Cleanup Costs Policy Number policy number 024671859 002,
policy period from October I, 2013 through October I, 2014. A true and accurate copy of the
policy is attached hereto as Exhibit “C"\

35.

On or about February 11. 20M, Costa Oil Company’s fuel truck discharged fuel onto
Plaintiffs subject property so that the Department of Environmental Resources Management
(“DHRM”) issued a Notice that corrective actions must take place. The spill occurred in the
same area as the first loss. It did not

36.

DERM has acknowledged a discharge and requires thal the property be remediated.

37.

The claim was timely reported lo Plaintiff’s insurer, Defendant, ACE,

38.

Defendant, ACE, has accepted coverage for this loss, but refuses to withdraw the
wrongful denials for the April of 2010 loss and the December 12, 20J0 loss.

39.

The damages caused by the April of 2010 loss and the February II. 2014 loss exceed the
coverage available for the February 11, 2014 loss.

40.

In order to repair the property in the area of (he April of 2010 loss and the February 11,
2014 loss, the denial of coverage for the Apiil of 2010 loss must be determined. If the denial of
the April of 20110 loss was wrongful, then this coverage should be afforded lo Plaintiff along
with the coverage for the February 11, 2014 loss. Both coverages are necessary' to repair the area
of loss for the April of2010 and February 11,2014 losses.

41.

Plaintiff has complied with all conditions precedent to bringing all causes of action
alleged in this complaint or the Defendant, ACE, has waived or is estopped from asserting the
same.

40.

An actual controversy exists between the parties which has left the parlies uncertain with
respect to their legal rights and responsibilities, particularly related to Plaintiff’s ughts/coveragcs
under the Policies marked as exhibit A and D.

41.

Plaintiff was forced to retain legal counsel to represent their interests in this cause and is
obligated to pay a reasonable fee for services rendered pursuant to Florida Statute §627.428.

42.

There exists a bona fide, actual, present and practicable need for a declaration of each
parties’ rights and obligations under the Policies marked as Exhibit A and B.

WHEREFORE, Plaintiff, J.K. PROJECT GROUP, INC., requests that this Court enter
judgment in its favor as follows:

  1. That if a jury finds that there Defendant, ACE AMERICAN INSURANCE

COMPANY, wrongfully denied coverage for the April of 2010 loss, then
the coverage available for the April of 2010 loss will apply, as well as (he
coverage available for the February 11, 2014 loss.

  1. That Plaintiff be awarded attorney fees and costs pursuant to Fla. Scat.

§627.428

  1. And any further relief that the Court deems just and proper.

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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