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

OWNERS INSURANCE COMPANY v. FULTON COUNTY SCHOOL DISTRICT 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-00558 Search Pacer
ACE Group party(s): 
Opposing Party: 
Owners Insurance Company
Court Type: 
Federal
US District Court: 
Northern District of Georgia
Date Filed: 
Feb 22 2012

"COUNT ONE
49. Owners hereby realleges and incorporates paragraphs 1 through 48 of this Complaint as if set forth fully herein.

50. Under the terms of the Policy issued to Green’s Lawn, there is no coverage for damages or injuries which are not the result of an accident or which are expected or intended from the standpoint of the insured.

51. Owners has no obligation to provide a defense to the Underlying Lawsuit or indemnify Green’s Lawn for damages or injuries which were expected or intended, or which were known to be substantially certain to occur due to the insured’s knowledge.

52. Owners has no obligation to provide a defense to the Underlying Lawsuit or indemnify Green’s Lawn because all of the claims asserted against Green’s Lawn arise from allegedly faulty 16 construction, and faulty construction alone does not constitute an occurrence or accident under the Policy.

53. Owners is entitled to a judgment declaring that Green’s Lawn is afforded no coverage under the Policy for the damages sought in the Underlying Lawsuit because those damages were not caused by an accident, were intended or expected from the standpoint ofan insured, or were substantially certain to occur; and, as a result, Owners has no duty to defend any Defendant in the Underlying Lawsuit.

COUNT TWO

54. Owners hereby realleges and incorporates paragraphs 1 through 53 of this Complaint as if set forth fully herein.

55. The Policy issued to Green’s Lawn excludes “property damage” to that particular part of real property on which Green’s Lawn, or any contractors or

56. The damages sought against Green’s Lawn in the Underlying Lawsuit arise out of Green’s Lawn’ operations at the Phase 2 site project.

57. Owners has no duty to defend or indemnify Green’s Lawn against the claims set forth in the Underlying Lawsuit because the damages sought constitute “property damage” to real property on which Green’s Lawn was performing operations, and are excluded from coverage.

58. Owners is entitled to a judgment declaring that Green’s Lawn is afforded no coverage under the Policy for the damages sought in the Underlying Lawsuit because those damages constitute “property damage” to real property on which Green’s Lawn was performing operations; and, as a result, Owners has no duty to defend any Defendant in the Underlying Lawsuit.

COUNT THREE

59. Owners hereby realleges and incorporates paragraphs 1 through 58 of this Complaint as if set forth fully herein.

60. The Policy issued to Green’s Lawn excludes “property damage” to that particular part of any property that must be restored, repaired or replaced because Green’s Lawn’s work was incorrectly performed on the property. (Coverage A, Excl. j(7))

61. Owners has no duty to defend or indemnify Green’s Lawn against the claims asserted in the Underlying Lawsuit because the damages sought constitute “property damage” to property because of Green’s Lawn’s incorrectly performed work.

62. Owners is entitled to a judgment declaring that Green’s Lawn is afforded no coverage under the Policy for the damages sought in the Underlying Lawsuit because those damages constitute “property damage” to that particular part of any property that must be restored, repaired or replaced because Green’s Lawn’s work was incorrectly performed on the property; and, as a result, Owners has no duty to defend any Defendant in the Underlying Lawsuit.

COUNT FOUR

63. Owners hereby realleges and incorporates paragraphs 1 through 62 of this Complaint as if set forth fully herein.

64. The Policy issued to Green’s Lawn excludes “property damage” to Green’s Lawn’s product, arising out of Green’s Lawn’s product or any part of its product. (Coverage A, Excl. k.)

65. Owners has no duty to defend or indemnify Green’s Lawn against the claims set forth in the Underlying Lawsuit because the damages sought constitute “property damage” to the insured’s product, arising out of that product or any part of that product, and are excluded from coverage.

66. Owners is entitled to a judgment declaring that Green’s Lawn is afforded no coverage under the Policy for any damages because of “property damage” to Green’s Lawn’ product or arising therefrom; and, as a result, Owners has no duty to defend any Defendant in the Underlying Lawsuit.

COUNT FIVE

67. Owners hereby realleges and incorporates paragraphs 1 through 66 of this Complaint as if set forth fully herein.

68. The Policy issued to Green’s Lawn excludes “property damage” to Green’s Lawn’s work, arising out of Green’s Lawn’s work or any part of its work. (Coverage A, Excl. l.)

69. Owners has no duty to defend or indemnify Green’s Lawn against the claims set forth in the Underlying Lawsuit because the damages sought constitute “property damage” to the insured’s work, arising out of that work or any part of that work, and are excluded from coverage.

70. Owners is entitled to a judgment declaring that Green’s Lawn is afforded no coverage under the Policy for the damages sought in the Underlying Lawsuit because those damages constitute “property damage” to Green’s Lawn’s work or arising therefrom; and, as a result, Owners has no duty to defend any Defendant in the Underlying Lawsuit.

COUNT SIX

71. Owners hereby realleges and incorporates paragraphs 1 through 70 of this Complaint as if set forth fully herein.

72. The Policy issued to Green’s Lawn excludes “property damage” to “impaired property” or property that has not been physically injured arising out of a defect, deficiency or dangerous condition in Green’s Lawn’s work. (Coverage A, Excl. m(1))

73. Owners has no duty to defend or indemnify Green’s Lawn against the claims set forth in the Underlying Lawsuit because the damages sought constitute “property damage” arising out of a defect, deficiency or dangerous condition in Green’s Lawn’s work, and are excluded from coverage.

74. Owners is entitled to a judgment declaring that Green’s Lawn is afforded no coverage under the Policy for any damages because of “property damage” arising out of a defect, deficiency or dangerous condition in Green’s Lawn’s work; and, as a result, Owners has no duty to defend any Defendant in the Underlying Lawsuit.

COUNT SEVEN

75. Owners hereby realleges and incorporates paragraphs 1 through 74 of this Complaint as if set forth fully herein.

76. The Policy issued to Green’s Lawn excludes “property damage” to “impaired property” or property that has not been physically injured arising out of a delay or failure by Green’s Lawn, or anyone working on behalf of Green’s Lawn, to perform a contract or agreement in accordance with its terms. (Coverage A, Excl.77. Owners has no duty to defend or indemnify Green’s Lawn against the claims set forth in the Underlying Lawsuit because
the damages sought constitute “property damage” arising out of a delay or failure by Green’s Lawn to perform a contract or agreement in accordance with its terms, and are excluded from coverage.

78. Owners is entitled to a judgment declaring that Green’s Lawn is afforded no coverage under the Policy for any damages because of “property damage” arising out of a delay or failure by Green’s Lawn to perform a contract or agreement in accordance with its terms; and, as a result, Owners has no duty to defend any Defendant in the Underlying Lawsuit.

COUNT EIGHT

79. Owners hereby realleges and incorporates paragraphs 1 through 78 of this Complaint as if set forth fully herein.

80. The Underlying Lawsuit seeks an award of attorneys fees in addition to compensatory damages.

81. The Policy affords no coverage for attorneys fees, as such fees are not in compensation for a covered injury.

82. Owners is entitled to a judgment declaring that Green’s Lawn is afforded no coverage for any attorneys fees sought in the Underlying Lawsuit."

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.