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

RACETRAC PETROLEUM, INC 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: 
1:10-cv-02162 Search Pacer
ACE Group party(s): 
Opposing Party: 
RACETRAC PETROLEUM, INC
Court Type: 
Federal
US District Court: 
Northern District of Georgia
Date Filed: 
Jul 13 2010

"53. The Bunns and William Complaints allege that the actual cause of the plaintiffs' damages was at least partially the fault of a party other than RaceTrac. Specifically, those Complaints allege that "the Defendants, Detsco and Cobb, performed renovations on the station and allowed the lines to be routed into a console in or about the cash registered [sic] which caused fumes to be inha led by the Plaintiff on a daily basis . That because of the improper installation and the failure of the Defendants, Detsco and Cobb, to place a vapor recovery system [sic] the Plaintiff was overly exposed to fumes ." See Ex. C ¶4;  Ex. D ¶4; Ex. E ¶4.

54. In light of the foregoing, it would violate the public policy of Georgia to allow ACE to sell a liability policy to RaceTrac that contains an exclusion for damages resulting from gasoline or one of its constituent compounds."

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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