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

MAREMONT CORPORATION v. ACE PROPERTY & CASUALTY INSURANCE COMPANY et al

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: 
1:12-cv-01379 Search Pacer
Court Type: 
Federal
US District Court: 
District of Delaware
Date Filed: 
Oct 31 2012

"CAUSE OF ACTION (FOR DECLARATORY JUDGMENT)

24. Paragraphs 1 through 23 of this Complaint are incorporated by reference as if fully set forth herein.
 
25. The Defendants' Policies listed in Exhibit A provide Maremont with insurance coverage for liability arising from bodily injury during the periods of those Policies, including the liability alleged in the Asbestos Claims.

26. In addition, the Defendants' policies provide Maremont with insurance coverage for defense fees and costs incurred in claims such as the Asbestos Claims, which allege bodily injury during the periods of those policies.

27. Defendants have refused, or threaten to refuse, to acknowledge their legal obligations to pay in full, to the extent required by their Policies, defense fees and costs and liability that Maremont incurs in the Asbestos Claims.

28. As a result of the foregoing, an actual and justiciable controversy presently exists between Maremont and Defendants regarding Defendants' payment obligations under the Policies in connection with the Asbestos Claims.

WHEREFORE, Maremont demands judgment in its favor and against Defendants as follows:

That the Court enter a declaratory judgment in favor of Maremont and against each Defendant declaring that each Defendant is jointly and severally obligated, (a) to defend Maremont against Asbestos Claims or to pay the costs of defending Maremont against Asbestos Claims alleging bodily injury that took place or could have taken place during its policy period upon the exhaustion of the liability limits in the insurance policies immediately underlying each Policy, if any, or when the losses of Maremont reach the attachment point of each Policy, and (b) to indemnify Maremont for its liability in such Asbestos Claims upon the exhaustion of the liability limits in the insurance policies immediately underlying each Policy, if any, or when the losses of Maremont reach the attachment point of each Policy, and That the Court award Maremont such other and further relief as it may deem just and proper, including attorneys' fees, prejudgment and post-judgment interest, and all costs incurred in bringing this action."

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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