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

MORVANT v. MARYLAND CASUALTY 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: 
2:14-cv-00226 Search Pacer
ACE Group party(s): 
Opposing Party: 
Mary Morvant
Court Type: 
Federal
US District Court: 
Eastern District of Louisiana
Date Filed: 
Jan 30 2014

FACTUAL BACKGROUND

14. On December 19, 2012, Mrs. Morvant filed the state court litigation against ACL
in the Civil District Court for the Parish of Orleans.6 There, Mrs. Morvant alleged that she was
exposed to asbestos, starting in 1953 and continuing through the 1960s and 1970s. The exposure
ICNA.
16. The Defendants were actively aware of the state court litigation, and sent at least
one attorney to monitor the proceedings.
17. At trial, the jury determined that: (i) ACL's defectively designed asbestos fiber
products were a substantial contributing factor and legal cause of Mrs. Morvant's injury, (ii) its
negligent failure to warn others of the hazards associated with its products was a legal cause of
Mrs. Morvant's injury and (iii) ACL was strictly liable because its products were unreasonably
dangerous,perse. It awarded damages of $6,420,467.
18. On December 17, 2013, Mrs. Morvant obtained a final judgment against ACL in
the state court litigation in the amount of $6,420,467, together with costs and interest, to run
from the date of judicial demand until paid.7
19. ACL has failed and refused to pay the Judgment. Instead, ACL took a
"devolutive" appeal to the Louisiana Fourth Circuit Court of Appeal.8 Because that appeal was
devolutive (not suspensive), Mrs. Morvant is entitled to collect on the Judgment now from
ACL's liability insurers—the Defendants.
20. At all times during which Mrs. Morvant suffered the injuries and damages that
formed the basis of the state court litigation, the Defendants had in force Comprehensive General
Liability insurance policies providing coverage for the damages awarded in the Judgment.9 The
"insuring agreements" or "coverage grants" of the Comprehensive General Liability insurance
policies provide, usually within "Coverage A," coverage for damages that the policyholder (e.g.j
ACL) is legally liable to pay, which damages "arise out of" (or are "because of") "bodily
injury," caused by an "Accident" or "Occurrence."
21. ACL complied with its obligations under the Defendants' liability policies. Mrs.
Morvant is a beneficiary of the liability insurance policies sold by the Defendants by virtue of the
Judgment.10 Defendants are directly liable to her under law, including, but not limited to, the
provisions of the Louisiana Revised Statutes, Title 22, Section 655 (now known as Section
1269).11
22. Plaintiff hereby demands a trial by jury for all claims in the instant action.
23. Mrs. Morvant seeks relief from the Defendants based on any and all applicable
theories of law.

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.

Javascript is required to view this map.