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

SHORENSTEIN REALTY SERVICES, L.P. 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: 
3:11-cv-00704 Search Pacer
ACE Group party(s): 
Opposing Party: 
Shorenstein Realty Services, L.P.
Court Type: 
Federal
US District Court: 
District of Oregon
Date Filed: 
Jun 10 2011

"DECLARATORY JUDGMENT - CLAIM ONE
(Recognition of Shorenstein as Additional Insured)

13. Shorenstein restates and realleges Paragraphs I through 12 herein.

14. Pursuant to the express provisions in the Ace policy, Ace owes a duty to recognize Shorenstein as an additional insured with respect to the Underlying Lawsuit as a "primary" liability insurer.

15. Shorenstein has repeatedly tendered the Underlying Lawsuit to Ace and demanded that Shorenstein be recognized as an additional insured with respect to the Underlying Lawsuit, but Ace has refused to do so."

DECLARATORY JUDGMENT - CLAIM TWO
(Duty to Indemnify)

16. Shorenstein restates and realleges Paragraphs I through 12 herein.

17. Pursuant to the express provisions in the Ace policy, Ace owes a duty to indemnify Shorenstein in the Underlying Lawsuit as a "primary" liability insurer.

18. Shorenstein has repeatedly demanded that Ace agree to indemnify Shorenstein in the Underlying Lawsuit, but Ace has refused to do so.

ATTORNEY FEES - CLAIM THREE
(Attorney Fees- ORS 742.061)

19. Shorenstein restates and realleges Paragraphs 1 through 12 herein.

20. Shorenstein is entitled to an award of its attorney fees in this action, pursuant to ORS 742.061.

PRAYER
WHEREFORE, Shorenstein prays for judgment as follows:
1. Under Claim One for a declaration that Ace is an additional insured under the Ace Policy;
2. Under Claim Two for a declaration that Ace has a duty to indemnify Shorenstein in connection with the lawsuit;
3. Under Claim Three, for an award of Shorenstein's attorney fees incurred herein;
4. For Shorenstein's costs and disbursements incurred herein; and
5. For such other relief as the Court deems just and proper."

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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