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

MAVERICK TUBE CORPORATION et al 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: 
4:09-cv-02975 Search Pacer
Opposing Party: 
MAVERICK TUBE CORPORATION et al
Court Type: 
Federal
US District Court: 
Southern District of Texas
Date Filed: 
Sep 11 2009

“Breach of Contract
49. Plaintiffs hereby reallege and incorporate by this reference the allegations set forth in Paragraphs 1 through 42 of their Complaint as though fully set forth herein.
50. On or around July 20, 2009, Barrow-Shaver and Plaintiffs participated in a mediation regarding the Claim.
51. Westchester appeared by counsel at the mediation.
52. During the mediation, Barrow-Shaver made a demand for settlement that was within the limits of the Policies.
53. Plaintiffs demanded that Westchester settle the Claim.
54. Westchester placed improper conditions upon its participation in any Settlement.
55. Westchester was obligated to settle the Claim pursuant to the Policies.
56. Westchester breached the Policies by failing to settle the Claim and by failing to comply with the Policies’ provisions.
57. Westchester breached the Policies by failing and refusing to pay the entirety of Plaintiffs’ attorneys’ fees expended in defense of the Claim.
58. Plaintiffs thereafter settled the claim.
59. As a result of Westchester’s breach, Plaintiffs have been damaged."

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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