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

ST PAUL MERCURY INSURANCE COMPANY v. ACE AMERICAN INSURANCE COMPANY et al

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: 
2:12-cv-02820 Search Pacer
ACE Group party(s): 
Opposing Party: 
St Paul Mercury Insurance Company
Court Type: 
Federal
US District Court: 
Eastern District of California
Date Filed: 
Nov 6 2012

"FIRST CAUSE OF ACTION FOR DECLARATORY RELIEF
(By ST. PAUL Against AH Defendants)

257. Plaintiff hereby re-alleges and incorporates by reference each allegation contained in all preceding paragraphs of this Complaint as though fully set forth herein.

258. An actual, present and justiciable controversy has arisen and now exists between Plaintiffs on the one hand and the Defendants on the other, concerning their respective rights, duties and obligations under the insurance policies issued by each of them.

259. In particular, Plaintiff contends, and is informed and believes Defendants ACE, ALLIED, AMCO, AMERICAN HOME ASSURANCE, AMERICAN INTERNATIONAL, AMERICAN CLAIMS, ASIC, AMERICAN SAFETY, ARCH, ASSURANCE, AXIS, CATALINA, CENTURY, CHARTIS, CLARENDON, EVEREST INDEMNITY, EVEREST NATIONAL, FARMERS, FINANCIAL PACIFIC, FIRST MERCURY, GOLDEN EAGLE, GREAT AMERICAN, HARTFORD, HARTFORD FIRE, ILLINOIS UNION, INSCORP, INTERSTATE FIRE, LEXINGTON, LLOYD'S, LUMBERMENS, MARYLAND, NATIONAL UNION, NATIONWIDE, NAVIGATORS, NIC, NORTHERN, OLD REPUBLIC, PENNSYLVANIA, PRAETORIAN, PROBUILDERS, STATE, STEADFAST, VALIANT, ZURICH and DOES 1 through 10 deny the following:

a. Defendants ACE, ALLIED, AMCO, AMERICAN HOME ASSURANCE, AMERICAN INTERNATIONAL, AMERICAN CLAIMS, ASIC, AMERICAN SAFETY, ARCH, ASSURANCE, AXIS, CATALINA, CENTURY, CHARTIS, CLARENDON, EVEREST INDEMNITY, EVEREST NATIONAL, FARMERS, FINANCIAL PACIFIC, FIRST MERCURY, GOLDEN EAGLE, GREAT AMERICAN, HARTFORD, HARTFORD FIRE, ILLINOIS UNION, INSCORP, INTERSTATE FIRE, LEXINGTON, LLOYD'S, LUMBERMENS, MARYLAND, NATIONAL UNION, NATIONWIDE, NAVIGATORS, NIC, NORTHERN, OLD REPUBLIC, PENNSYLVANIA, PRAETORIAN, PROBUILDERS, STATE, STEADFAST, VALIANT, ZURICH and DOES 1 through 10 have and had a duty to defend and/or indemnify Parkland Homes against the claims, demands, actions, and causes of action asserted against Parkland Homes in the Underlying Action.

b. Defendants ACE, ALLIED, AMCO, AMERICAN HOME ASSURANCE, AMERICAN INTERNATIONAL, AMERICAN CLAIMS, ASIC, AMERICAN SAFETY, ARCH, ASSURANCE, AXIS, CATALINA, CENTURY, CHARTIS, CLARENDON, EVEREST INDEMNITY, EVEREST NATIONAL, FARMERS, FINANCIAL PACIFIC, FIRST MERCURY, GOLDEN EAGLE, GREAT AMERICAN, HARTFORD, HARTFORD FIRE, ILLINOIS UNION, INSCORP, INTERSTATE FIRE, LEXINGTON, LLOYD'S, LUMBERMENS, MARYLAND, NATIONAL UNION, NATIONWIDE, NAVIGATORS, NIC, NORTHERN, OLD REPUBLIC, PENNSYLVANIA, PRAETORIAN, PROBUILDERS, STATE, STEADFAST, VALIANT, ZURICH and DOES 1 through 10 had and have an equitable duty and responsibility to pay a fair and proportionate share of costs of or defense and/or indemnity incurred on behalf of Parkland Homes.

c. The costs of defending and/or indemnifying Parkland Homes have been and are being borne disproportionately by Plaintiff; and

d. The costs associated with the defense and/or indemnification of Parldand Homes should be equitably apportioned between Plaintiff and Defendants ACE, ALLIED, AMCO, AMERICAN HOME ASSURANCE, AMERICAN INTERNATIONAL, AMERICAN CLAIMS, ASIC, AMERICAN SAFETY, ARCH, ASSURANCE, AXIS, CATALINA, CENTURY, CHARTIS, CLARENDON, EVEREST INDEMNITY, EVEREST NATIONAL, FARMERS, FINANCIAL PACIFIC, FIRST MERCURY, GOLDEN EAGLE, GREAT AMERICAN, HARTFORD, HARTFORD FIRE, ILLINOIS UNION, INSCORP, INTERSTATE FIRE, LEXINGTON, LLOYD'S, LUMBERMENS, MARYLAND, NATIONAL UNION, NATIONWIDE, NAVIGATORS, NIC, NORTHERN, OLD REPUBLIC, PENNSYLVANIA, PRAETORIAN, PROBUILDERS, STATE, STEADFAST, VALIANT, ZURICH and DOES 1 through 10 under applicable law and equitable principals.

260. Plaintiff asserts and contends declaratory judgment is both necessary and proper at this time for the court to determine the respective rights and liabilities of the parties regardmg their obligations to pay for the defense and/or indemnification of Parkland Homes against the allegations made in the Underlying Action.

SECOND CAUSE OF ACTION FOR EQUITABLE CONTRIBUTION
(By ST. PAUL Against All Defendants)

261. Plaintiff hereby re-alleges and incorporates by reference each allegation contained in all preceding paragraphs of this Complaint as though fully set forth herein.

262. Plaintiff has agreed to defend Parkland Homes against the claims asserted against it in the Underlying Action, pursuant to the terms and conditions of the ST. PAUL Policies, and subject to a full reservation of its rights.

263. Plaintiff is informed and believes and thereon alleges policy(ies) issued by Defendants ACE, ALLIED, AMCO, AMERICAN HOME, ASSURANCE, AMERICAN INTERNATIONAL, AMERICAN CLAIMS, ASIC, AMERICAN SAFETY, ARCH, ASSURANCE, AXIS, CATALINA, CENTURY, CHARTIS, CLARENDON, EVEREST INDEMNITY, EVEREST NATIONAL, FARMERS, FINANCIAL PACIFIC, FIRST MERCURY, GOLDEN EAGLE, GREAT AMERICAN, HARTFORD, HARTFORD FIRE, ILLINOIS UNION, INSCORP, INTERSTATE FIRE, LEXINGTON, LLOYD'S, LUMBERMENS, MARYLAND, NATIONAL UNION, NATIONWIDE, NAVIGATORS, NIC, NORTHERN, OLD REPUBLIC, PENNSYLVANIA, PRAETORIAN, PROBUILDERS, STATE, STEADFAST, VALIANT, ZURICH and DOES 1 through 10 provide liability insurance to Parkland Homes, designating Parkland Homes as a named msured or additional insured thereon. Plaintiff is further informed and believes and thereon alleges the allegations made, pleaded or otherwise asserted against Parkland Homes in the Underlying Action, if true, set forth claims for damages potentially covered under ACE's, ALLIED's, AMCO's, AMERICAN HOME's, ASSURANCE'S, AMERICAN INTERNATIONAL'S, AMERICAN CLAIMS', ASIC's, AMERICAN SAFETY'S, ARCH'S, ASSURANCE'S, AXIS', CATALINA's, CENTURY'S, CHARTIS', CLARENDON'S, EVEREST INDEMNITY'S, EVEREST NATIONAL'S, FARMERS', FINANCIAL PACIFIC'S, FIRST MERCURY'S, GOLDEN EAGLE's, GREAT AMERICAN'S, HARTFORD'S, HARTFORD FIRE's, ILLINOIS UNION'S, INSCORP's, INTERSTATE FIRE's, LEXINGTON'S, LLOYD'S', LUMBERMENS', MARYLAND'S, NATIONAL UNION'S, NATIONWIDE's, NAVIGATORS', NIC's, NORTHERN'S, OLD REPUBLIC'S, PENNSYLVANIA'S, PRAETORIAN'S, PROBUILDERS', STATE'S, STEADFAST's, VALIANT'S, ZURICH'S and DOES 1 through 10 cs policies.

264. As such, Defendants ACE, ALLIED, AMCO, AMERICAN HOME, ASSURANCE, AMERICAN INTERNATIONAL, AMERICAN CLAIMS, ASIC, AMERICAN SAFETY, ARCH, ASSURANCE, AXIS, CATALINA, CENTURY,
CHARTIS, CLARENDON, EVEREST INDEMNITY, EVEREST NATIONAL, FARMERS, FINANCIAL PACIFIC, FIRST MERCURY, GOLDEN EAGLE, GREAT AMERICAN, HARTFORD, HARTFORD FIRE, ILLINOIS UNION, INSCORP, INTERSTATE FIRE, LEXINGTON, LLOYD'S, LUMBERMENS, MARYLAND, NATIONAL UNION, NATIONWIDE, NAVIGATORS, NIC, NORTHERN, OLD REPUBLIC, PENNSYLVANIA, PRAETORIAN, PROBUILDERS, STATE, STEADFAST, VALIANT, ZURICH and DOES 1 through 10 and each of them, are obligated to participate in the defense and/or indemnification of Parkland Homes in the Underlying Action by reason of their respectively underwritten policies of insurance, which provide an agreement to undertake the duty to defend suits seeking damages from bodily injury or property damage potentially covered under their respective policies.

265. All conditions precedent to Defendants ACE's, ALLIED's, AMCO's, AMERICAN HOME'S, ASSURANCE'S, AMERICAN INTERNATIONAL'S, AMERICAN CLAIMS', ASIC's, AMERICAN SAFETY'S, ARCH's, ASSURANCE'S, AXIS', CATALINA's, CENTURY'S, CHARTIS', CLARENDON'S, EVEREST INDEMNITY'S, EVEREST NATIONAL'S, FARMERS', FINANCIAL PACIFIC'S, FIRST MERCURY'S, GOLDEN EAGLE'S, GREAT AMERICAN'S, HARTFORD'S, HARTFORD FIRE's, ILLINOIS UNION'S, INSCORP's, INTERSTATE FIRE's, LEXINGTON'S, LLOYD'S', LUMBERMENS', MARYLAND'S, NATIONAL UNION'S, NATIONWIDE's, NAVIGATORS', NIC's, NORTHERN'S, OLD REPUBLIC'S, PENNSYLVANIA'S, PRAETORIAN'S, PROBUILDERS', STATE'S, STEADFAST's, VALIANT'S, ZURICH'S and DOES 1 through 10 's obligations under their respective policies of insurance have been satisfied, waived, and/or excused. Defendants ACE's, ALLIED's, AMCO's, AMERICAN HOME'S, ASSURANCE'S, AMERICAN INTERNATIONAL'S, AMERICAN CLAIMS', ASIC's, AMERICAN SAFETY'S, ARCH's, ASSURANCE'S, AXIS', CATALINA's, CENTURY'S, CHARTIS', CLARENDON'S, EVEREST INDEMNITY'S, EVEREST NATIONAL'S, FARMERS', FINANCIAL PACIFIC'S, FIRST MERCURY'S, GOLDEN EAGLE'S, GREAT AMERICAN'S, HARTFORD's, HARTFORD FIRE's, ILLINOIS UNION'S, INSCORP's, INTERSTATE FIRE's, LEXINGTON'S, LLOYD'S', LUMBERMENS', MARYLAND'S, NATIONAL UNION'S, NATIONWIDE's, NAVIGATORS', NIC's, NORTHERN'S, OLD REPUBLIC'S, PENNSYLVANIA'S, PRAETORIAN'S, PROBUILDERS', STATE'S, STEADFAST's, VALIANT'S, ZURICH'S and DOES 1 through 10 's obligations to defend and/or indemnify Parkland Homes are currently due and owing.

266. Defendants ACE, ALLIED, AMCO, AMERICAN HOME, ASSURANCE, AMERICAN INTERNATIONAL, AMERICAN CLAIMS, ASIC, AMERICAN SAFETY, ARCH, ASSURANCE, AXIS, CATALINA, CENTURY, CHARTIS, CLARENDON, EVEREST INDEMNITY, EVEREST NATIONAL, FARMERS, FINANCIAL PACIFIC, FIRST MERCURY, GOLDEN EAGLE, GREAT AMERICAN, HARTFORD, HARTFORD FIRE, ILLINOIS UNION, INSCORP, INTERSTATE FIRE, LEXINGTON,
LLOYD'S, LUMBERMENS, MARYLAND, NATIONAL UNION, NATIONWIDE, NAVIGATORS, NIC, NORTHERN, OLD REPUBLIC, PENNSYLVANIA, PRAETORIAN, PROBUILDERS, STATE, STEADFAST, VALIANT, ZURICH and DOES 1 through 10 and each of them have to date failed to participate in the defense and/or indemnification of Parkland Homes, and/or failed to contribute a full and equitable share toward Plaintiffs' costs of defending and/or indemnifying Parkland Homes which have been incurred and which are being incurred in connection with the Underlying Action.

267. By reason of Defendants ACE's, ALLIED's, AMCO's, AMERICAN HOME'S, ASSURANCE'S, AMERICAN INTERNATIONAL'S, AMERICAN CLAIMS', ASIC's, AMERICAN SAFETY'S, ARCH's, ASSURANCE'S, AXIS', CATALINA's, CENTURY'S, CHARTIS', CLARENDON'S, EVEREST INDEMNITY'S, EVEREST NATIONAL'S, FARMERS', FINANCIAL PACIFIC'S, FIRST MERCURY'S, GOLDEN EAGLE'S, GREAT AMERICAN'S, HARTFORD's, HARTFORD FIRE's, ILLINOIS UNION'S, INSCORP's, INTERSTATE FIRE's, LEXINGTON'S, LLOYD'S', LUMBERMENS', MARYLAND'S, NATIONAL UNION'S, NATIONWIDE's, NAVIGATORS', NIC's, NORTHERN'S, OLD REPUBLIC'S, PENNSYLVANIA'S, PRAETORIAN'S, PROBUILDERS', STATE'S, STEADFAST's, VALIANT'S, ZURICH'S and DOES 1 through 10 's failure to discharge their obligations and equitably participate in the defense and/or indemnification of Parkland Homes, Plaintiffs have incurred and/or paid, and will incur and/or pay, more costs than they would have, had Defendants ACE, ALLIED, AMCO, AMERICAN HOME, ASSURANCE, AMERICAN INTERNATIONAL, AMERICAN CLAIMS, ASIC, AMERICAN SAFETY, ARCH, ASSURANCE, AXIS, CATALINA, CENTURY, CHARTIS, CLARENDON, EVEREST INDEMNITY, EVEREST NATIONAL, FARMERS, FINANCIAL PACIFIC, FIRST MERCURY, GOLDEN EAGLE, GREAT AMERICAN, HARTFORD, HARTFORD FIRE, ILLINOIS UNION, INSCORP, INTERSTATE FIRE, LEXINGTON, LLOYD'S, LUMBERMENS, MARYLAND, NATIONAL UNION, NATIONWIDE, NAVIGATORS, NIC, NORTHERN, OLD REPUBLIC, PENNSYLVANIA, PRAETORIAN, PROBUILDERS, STATE, STEADFAST, VALIANT, ZURICH and DOES 1 through 10 agreed to defend and/or contribute a full and equitable share to the defense and/or indemnity of Parkland Homes in performance of their due and owing obligations under their respective insurance policies.

268. Defendants ACE's, ALLIED's, AMCO's, AMERICAN HOME'S, ASSURANCE'S, AMERICAN INTERNATIONAL'S, AMERICAN CLAIMS', ASIC's, AMERICAN SAFETY'S, ARCH's, ASSURANCE'S, AXIS', CATALINA's, CENTURY'S, CHARTIS', CLARENDON'S, EVEREST INDEMNITY'S, EVEREST NATIONAL'S, FARMERS', FINANCIAL PACIFIC'S, FIRST MERCURY'S, GOLDEN EAGLE's, GREAT AMERICAN'S, HARTFORD's, HARTFORD FIRE's, ILLINOIS UNION'S, INSCORP's, INTERSTATE FIRE's, LEXINGTON'S, LLOYD'S', LUMBERMENS', MARYLAND'S, NATIONAL UNION'S, NATIONWIDE's, NAVIGATORS', NIC's, NORTHERN'S, OLD REPUBLIC'S, PENNSYLVANIA'S, PRAETORIAN'S, PROBUILDERS', STATE'S, STEADFAST's, VALIANT'S, ZURICH'S and DOES 1 through 10 's failure to discharge their obligations under their respective policies of insurance is wrongful and thus causing an inequitable result, in Plaintiff is paying and has paid more than its equitable share of the costs of defending and/or indemnifying Parkland Homes in the Underlying Action without the participation of Defendants in paying for such costs.

269. Because of Defendants ACE's, ALLIED's, AMCO's, AMERICAN HOME'S, ASSURANCE'S, AMERICAN INTERNATIONAL'S, AMERICAN CLAIMS', ASIC's, AMERICAN SAFETY'S, ARCH's, ASSURANCE'S, AXIS', CATALINA's, CENTURY'S,CHARTIS', CLARENDON'S, EVEREST INDEMNITY'S, EVEREST NATIONAL'S, FARMERS', FINANCIAL PACIFIC'S, FIRST MERCURY'S, GOLDEN EAGLE's, GREAT AMERICAN'S, HARTFORD's, HARTFORD FIRE's, ILLINOIS UNION'S, INSCORP's, INTERSTATE FIRE's, LEXINGTON'S, LLOYD'S', LUMBERMENS', MARYLAND'S, NATIONAL UNION'S, NATIONWIDE's, NAVIGATORS', NIC's, NORTHERN'S, OLD REPUBLIC'S, PENNSYLVANIA'S, PRAETORIAN'S, PROBUILDERS', STATE'S, STEADFAST's, VALIANT'S, ZURICH'S and DOES 1 through 10 's wrongful failure to discharge their obligations under their respective policies of insurance, Plaintiff is entitled to an award of equitable contribution, to reimburse it for costs equivalent to each Defendants ACE's, ALLIED's, AMCO's, AMERICAN HOME'S, ASSURANCE'S, AMERICAN INTERNATIONAL'S, AMERICAN CLAIMS', ASIC's, AMERICAN SAFETY'S, ARCH's, ASSURANCE'S, AXIS', CATALINA's, CENTURY'S, CHARTIS', CLARENDON'S, EVEREST INDEMNITY'S, EVEREST NATIONAL'S, FARMERS', FINANCIAL PACIFIC'S, FIRST MERCURY'S, GOLDEN EAGLE's, GREAT AMERICAN'S, HARTFORD's, HARTFORD FIRE's, ILLINOIS UNION'S, INSCORP's, INTERSTATE FIRE's, LEXINGTON'S, LLOYD'S', LUMBERMENS', MARYLAND'S, NATIONAL UNION'S, NATIONWIDE's, NAVIGATORS', NIC's, NORTHERN'S, OLD REPUBLIC'S, PENNSYLVANIA'S, PRAETORIAN'S, PROBUILDERS', STATE'S, STEADFAST's, VALIANT'S, ZURICH'S and DOES 1 through 10 's fair and equitable proportionate share of the total costs of defense and/or indemnification incurred in connection with the claims against Parkland Homes in the Underlying Action, with interest thereon at the prescribed legal rate."

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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