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

SHELIA WEBSTER v. GEORGE MAIR

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: 
4:12-cv-01521 Search Pacer
ACE Group party(s): 
Opposing Party: 
Shelia Webster
Court Type: 
Federal
US District Court: 
Eastern District of Missouri
Date Filed: 
Sep 24 2012

"1. Plaintiff brings this cause of action against defendants George Mair, EAN Holdings, d/b/a Alamo Rent A Car, and Ace American Insurance Company pursuant to § 379.200 RSMo, which allows a judgment creditor to collect against a judgment debtors insurance if the judgment debtor was insured against such loss or damage.

2. Plaintiff, Shelia Webster, is a resident of Maricopa County, State of Arizona.

3. Defendant George Mair is a resident of Howard County, State of Maryland, but is currently incarcerated in the Federal Correctional Facility in White Deer, Pennsylvania.

4. Defendant EAN Holdings, d/b/a Alamo Rent-A-Car (hereinafter "Alamo") is a Missouri Company in good standing, with its principal place of business in St. Louis County, Missouri.

5. Defendant Ace American Insurance Company (hereinafter "Ace") is a Foreign Insurance company in good standing in this State.

6. Venue is proper in Circuit Court of the County of St. Louis pursuant to § 508.010 REV. MO. STAT. (2011), because defendant Alamo's principal place of business is in St. Louis County.

7. Plaintiff filed a Petition in the Circuit Court of the County of Saint Charles, State of Missouri, Cause Number: 1011-CV07108, on July 26, 2010 alleging that the negligence of George Mair caused losses and damages to Sheila Webster as the result of bodily injury.

8. On August 25, 2011, the Honorable Nancy Schneider, entered a judgment for and on behalf of plaintiff Sheila Webster and against George Mair in the aggregate sum of $1,500,000.00 (ONE MILLION FIVE HUNDRED THOUSAND DOLLARS). (Judgment was later amended to include the post judgment interest rate). A copy of said judgment is attached hereto, marked as "Exhibit 1," and incorporated herein by reference as though fully set out.

9. At the time of the negligent acts of George Mair, as set forth in Cause No. 1011- CV07108, Defendant George Mair, a/k/a Anthony Thomas was covered under a Rental Agreement with Alamo Rent a Car (hereinafter "Agreement").

10. At the time of George Mair's negligent acts, as set forth in Cause No. 1011- CV07108, George Mair was driving a 2008 Chevrolet Impala, owned by Defendant Alamo through its subsidiary Alamo Financing L.L.P., subject of the above Agreement.

11. As part of the Rental Agreement, the Optional Extended Protection, an additional liability coverage underwritten by Defendant Ace, was accepted and paid for at the time of the rental.

12. The Optional Extended Protection states in part that Ace will: "Provide additional third party liability protection, through an excess liability policy, with limits of the difference between the Primary Protection and a combined single limit of $1 Million per accident for bodily injury, death and/or property damage to others arising out of the use or operation of the Alamo rental vehicle."

13. Pursuant to the terms of the Policy, Ace is obligated to pay the judgment against Mr. Mair for the injuries negligently caused to Ms. Webster, a third party, while operating the Alamo rental car, up to $1,000,000.00 (ONE MILLION DOLLARS).

14. Alamo has a certificate of self-insurance, and thus is responsible to defendant George Mair, as an insurer for the statutory minimum of $25,000 (TWENTY-FIVE THOUSAND DOLLARS) required by the Motor Vehicle Financial responsibility laws of Missouri as stated in § 303.010 et. seq. RSMo.

15. Per the terms of the underlying judgment Plaintiff is also entitled to collect Post Judgment interest set at a per annum rate of 5.1 % in accordance with § 408.040 RSMo. Annual post judgment interest is $76,500 (SEVENTY-SIX THOUSAND FIVE HUNDERED DOLLARS), and daily post judgment interest is $209.59 (TWO HUNDRED AND NINE DOLLARS AND.FIFTY-NINE CENTS).

16. Pursuant to § 379.200 RSMo, plaintiff is a judgment creditor of defendant George Mair and entitled to have the insurance money provided for in the Agreement and in the Optional Extended Protection provision of the Agreement applied towards the satisfaction of the Judgment in Cause No. 1011-CV07108.

17. Section 379.200 RSMo gives this Court the authority to declare defendants Alamo and Ace's financial obligations under the terms of the Policy.

WHEREFORE, plaintiff Sheila Webster prays that his Court find:
a.) That the Agreement and the Optional Extended Protection obligates Ace to pay up to $1,000,000.00 (ONE MILLION DOLLARS) of the judgment.
b.) That Alamo is required to pay $25,000.00 (TWENTY-FIVE THOUSAND DOLLARS) of the judgment because Alamo is a self insured entity in the State of Missouri.
c.) That Alamo as the owner and self insurer of the vehicle owes post judgment interest on the underlying judgment.  And for judgment against defendants Ace American Insurance Company and Enterprise Holdings d/b/a Alamo Rent a Car, in an amount in excess of $25,000, together with costs expended herein, and for such additional relief as this Court Deems just and proper under the circumstances."

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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