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

NORTHERN ASSURANCE COMPANY OF AMERICA et al v. C&G BOAT WORKS, INC.

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: 
1:11-cv-00283 Search Pacer
Opposing Party: 
Northern Assurance Company of America
Court Type: 
Federal
US District Court: 
Southern District of Alabama
Date Filed: 
Jun 2 2011

"26. The Underwriters adopt and incorporate by reference the foregoing as if set forth fully herein.

27. By stating the grounds for relief requested herein, the Underwriters reserve the right to assert any other term, condition or exclusion contained in the policy, which is adopted and incorporated by reference as if set forth fully herein.

28. C & G Boat Works has made a claim for insurance benefits as a result of the above-described damage/incidents.

29. An actual controversy exists as to whether the policy provides coverage such that a declaration by this Honorable Court of the parties’ respective rights and obligations under the contract of insurance is necessary. Specifically, a controversy exists with respect to the damage to Hull 117’s engines are excluded by Addendum 2, as set forth herein.

30. A real, bona fide controversy exists between the parties with regard to the duties and obligations under the policy as to the existence of coverage for the claims submitted by C & G Boat Works.

WHEREFORE, the Underwriters pray:

a. This Honorable Court take jurisdiction of this cause;
b. This Honorable Court order, adjudge and decree that there is a bona fide controversy between the parties as to their legal rights, duties, status and liability;
c. That upon final hearing of this cause, this Honorable Court will declare that no coverage is provided under the applicable policy of insurance; and
d. The Underwriters requests such other, further or additional relief to which they may be entitled, whether or not specifically requested herein."

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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