PERINI/TOMPKINS JOINT VENTURE v. ACE AMERICAN INSURANCE COMPANY

"15. A representative from ACE was onsite at the Project on September 5, 2007 during the Collapse and thereafter, received timely updates regarding the reason for the Collapse, the scope and extent of related damages and the method and cost of repair.
16. Thereafter, representatives of PTJV communicated at length with ACE in an effort to have the claim properly and timely adjusted and resolved.
17. After much negotiation, ACE formally accepted the claim and agreed to handle the matter by letter dated February 23, 2010.
18. Thereafter, PTJV made multiple requests to ACE regarding the status of the claim and demanding that ACE make payment and ACE continually represented it would work with PTJV to resolve the claim.
19. Contrary to its representations, however, ACE failed and/or refused to make any payment or substantively respond to PTJV’s demands.
20. By electronic mail dated October 6, 2010 to representatives of PTJV, ACE reversed its position and refused to make any payment on the claim on the basis that it had been directed not to do so by Gaylord and the broker for the Policies.
21. In connection with that e-mail, ACE represented it would retain counsel to review the claim and assist in reaching a resolution, however, did not do so until approximately one month later on November 8, 2010.
22. Yet, as of December 2, 2010, such counsel had not received any materials from ACE and not conducted any review of the claim.23. ACE has continually represented to PTJV its intent to adjust this claim in good faith yet, at every critical juncture, has failed and/or refused to do so.
FIRST COUNT (BREACH OF CONTRACT BAD FAITH/BREACH OF THE IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING)..."