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

PERFORMING ARTS COMMUNITY IMPROVEMENT DISTRICT v. ACE AMERICAN 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: 
4:13-cv-00945 Search Pacer
ACE Group party(s): 
Opposing Party: 
Performing Arts Community Improvement District
Court Type: 
Federal
US District Court: 
Western District of Missouri
Date Filed: 
Sep 26 2013

"CLAIM FOR RELIEF
(Declaratory Judgment – Duty to Provide Coverage for the Wall Failure Loss.

26. CID adopts the allegations set forth in paragraphs 1 through 25, hereof.

27. The Policy issued by ACE for the Project and for the benefit of additional insured, CID, provides coverage for the wall failure loss sustained by CID and its costs in the investigation, repair and replacement of the failed wall. The wall failure is an ensuing loss under the terms of the Policy.

28. The ensuing loss was caused by an insured cause of loss under the “all risk” Policy provided by ACE.

29. ACE is obligated by its Policy to pay all costs associated with investigation, repair and replacement of the failed wall.

30. CID has demanded that ACE pay $2,713,078 for costs incurred from the ensuing loss.

31. ACE has refused to accept its legal obligation to pay CID for its loss.

32. As a result of the foregoing, an actual and justiciable controversy presently exists between CID and ACE regarding ACE’s obligation to pay CID for its loss in the amount of $2,713,078.

WHEREFORE, CID respectfully requests a declaration by this Court that the loss herein described is a covered loss and that accordingly, ACE is liable for all damages sustained by CID and that the Court will retain jurisdiction to determine CID’s loss and damage and enter judgment accordingly."

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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