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

TRAVELERS INDEMNITY COMPANY OF ILLINOIS et al v. CLARENDON 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: 
5:11-cv-03735 Search Pacer
ACE Group party(s): 
Opposing Party: 
Travelers Indemnity Company of Illinois
Court Type: 
Federal
US District Court: 
Northern District of California
Date Filed: 
Jul 29 2011

FIRST CAUSE OF ACTIQN
DECLARATORY RELIEF - DUTY TO DEFEND

(Against Subcontractor .Defendants.& DOES 1-50)

61. TRAVELERS incorporates paragraphs 1 through 60, inclusive, as though the allegations of those paragraphs were set forth here in full.

62. TRAVELERS has agreed to provide Blach with a defense to the Underlying Action, subject to a reservation of its rights.

63. Based on information and belief, the Subcontractor Defendants and Does 1-50 each contend that they do not have an obligation to provide Blach with a defense to the Underlying Action TRAVELERS, on the other hand, contends that each one of the Subcontractor Defendants and Does 1-50 is required to defend Blach. Consequently, an actual controversy has arisen and now exists between TRAVELERS and each one of the Subcontractor Defendants and Does 1-50 concerning each party's obligations to defend Blach as against the Underlying Action.

64. A declaration by this Court of each party's defense obligation is necessary and appropriate at this time so that TRAVELERS, the Subcontractor Defendants and Does 1-50 can determine their obligations and duties with respect to the Underlying Action. TRAVELERS has no adequate or speedy remedy at law.  Therefore, it is necessary for the court to adjudicate the rights, duties and obligationsof the parties with respect to providing Blach with a defense to the Underlying Action.


SECOND CAUSE OF ACTION
DECLARATORY RELIEF - DUTY TO DEFEND

(Against Insurer Defendants & DOES 51-100)

65. TRAVELERS incorporates paragraphs 1 through 60, inclusive, as though the allegations of those paragraphs were set forth, here in full.

66. TRAVELERS has agreed to provide Blach with a defense to the Underlying Action, subject to a reservation of its rights.

67. Based on information and belief, the Insurer Defendants and Does 51-100 each contend that they do not have an obligation to provide Blach with a defense to the Underlying Action. TRAVELERS, on the other hand, contends that each one of the Insurer Defendants and Does 51-100 is required to defend Blach. Consequently, an actual controversy has arisen and now exists between TRAVELERS and each one of the Insurer Defendants and Does 51-100 concerning each party's obligations to defend Blach as against the Underlying Action.

68. A declaration by this Court of each party's defense obligation is necessary and appropriate at this time so that TRAVELERS, the Insurer Defendants and Does 51-100 can determine their obligations and duties with respect to the Underlying Action. TRAVELERS has no adequate or speedy remedy at law. Therefore, it is necessary for the court to adjudicate the rights, duties and obligations of the parties with respect to providing Blach with a defense to the Underlying Action.

 

THIRD CAUSE OF ACTION
DECLARATORY RELDEF - DUTY TO INDEMNIFY
(Subcontractor Defendants and Does 1-50)

69. TRAVELERS incorporates paragraphs 1 through 60, inclusive, as though the allegations of those paragraphs were set forth here in full.

70. Blach has tendered indemnification of the Underlying Action to the Subcontractor Defendants and Does 1-50.

71. Based on information and belief, the Subcontractor Defendants and Does 1-50 each contend that they do not have an obligation to indemnify Blach with respect to the Underlying Action, or dispute their share of any such indemnification. TRAVELERS, on the other hand, contends that the Subcontractor Defendants and Does 1-50, and each of them, is primarily and/or exclusively liable for Blach's indemnification. Consequently, an actual controversy has arisen and now exists between TRAVELERS, the Subcontractor Defendants and Does 1-50 concerning each party's obligations to indemnify Blach with respect to the Underlying Action.

72. A declaration by this Court of each party's obligation to indemnify is necessary and appropriate at this time so that TRAVELERS, the Subcontractor Defendants and Does 1-50 can determine their obligations and duties with respect to the Underlying Action. TRAVELERS has no adequate or speedy remedy at law.  Therefore, it is necessary for the court to adjudicate the rights, duties and obligations of the parties relative to indemnification of Blach with respect to the Underlying Action.

 

FOURTH CAUSE OF ACTION
DECLARATORY RELIEF - DUTY TO INDEMNIFY
(Insurer Defendants and Does 51-100)

73. TRAVELERS incorporates paragraphs 1 through 60, inclusive, as though the allegations of those paragraphs were set forth here in full.

74. Blach has tendered indemnification of the Underlying Action to the Insurer Defendants and Does 51-100.

75. Based on information and belief, the Insurer Defendants and Does 51-100 each contend that they do not have an obligation to indemnify Blach with respect to the Underlying Action, or dispute their share of any such indemnification. TRAVELERS, on the other hand, contends that the Insurer Defendants and Does 51-100, and each of them, is primarily and/or exclusively liable for Blach's indemnification. Consequently, an actual controversy has arisen and now exists between TRAVELERS, the Insurer Defendants and Does 51-100 concerning each party's obligations to indemnify Blach with respect to the Underlying Action.

76. A declaration by this Court of each party's obligation to indemnify is necessary and appropriate at this time so that TRAVELERS, the Insurer Defendants and Does 51-100 can determine their obligations and duties with respect to the Underlying Action. TRAVELERS has no adequate or speedy remedy at law. Therefore, it is necessary for the court to adjudicate the rights, duties and obligations of the parties relative to indemnification of Blach with respect to the Underlying Action.

 

FIFTH CAUSE OF ACTION
DECLARATORY RELIEF - APPORTIONMENT OF DEFENSE
OBLIGATIONS
(Against All Defendants)

77. TRAVELERS incorporates paragraphs 1 through 60, inclusive, as though the allegations of those paragraphs are set forth here in full

78. TRAVELERS is informed and believes and based on this information and belief alleges that each defendant is obligated to provide Blach with a defense to the Underlying Action, and thus each has an obligation to contribute to the costs of defense incurred in providing Blach with a defense to the Underlying Action.

79. TRAVELERS is informed and believes and based on this information and belief alleges that each defendant disagrees with TRAVELERS about the extent to which each defendant should participate in the defense of Blach. Consequently, an actual controversy has arisen and now exists between TRAVELERS and defendants concerning each party's obligations with respect to the defense of Blach in the Underlying Action.

80. A declaration by this Court of each party's defense obligation is necessary and appropriate at this time so that TRAVELERS and defendants can determine their relative obligations and duties with respect to Blach's defense. TRAVELERS has no adequate or speedy remedy at law. Therefore, it is necessary that this Court adjudicate the rights, duties and obligations of the parties with respect to providing Blach with a defense to the Underlying Action.

 

SIXTH CAUSE OF ACTION
DECLARATORY RELIEF - APPORTIONMENT OF INDEMNITY
OBLIGATIONS
(Against All Defendants)

81. TRAVELERS incorporates paragraphs 1 through 60, inclusive, as though the allegations of those paragraphs are set forth here in full.

82. TRAVELERS is informed and believes and based on this information and belief alleges that each defendant is obligated to indemnify Blach with respect to any sums and/or damages Blach is obligated to pay as settlement and/or satisfaction of any judgment entered with respect to the Underlying Action.

83. TRAVELERS is informed and believes and based on this information and belief alleges that each defendant disagrees with TRAVELERS about the extent to which each defendant should participate in the indemnification of Blach. Consequently, an actual controversy has arisen and now exists between TRAVELERS and defendants named in this cause of action concerning each party's obligations with respect to the indemnification of Blach.

84. A declaration by this Court of each party's indemnity obligation is necessary and appropriate at this time so that TRAVELERS and defendants can determine their relative obligations and duties with respect to indemnification of the Underlying Action. TRAVELERS has no adequate or speedy remedy at law. Therefore, it is necessary that this Court adjudicate the rights, duties and obligations of the parties with respect to indemnification of the Underlying Action.

 

SEVENTH CAUSE OF ACTION
(Against AM Defendaats)

85. TRAVELERS incorporates paragraphs 1 through 60, inclusive, as though set forth herein in full.

86. This claim for equitable subrogation is pled in the alternative to the causes of action for equitable contribution and equitable indemnity.

87. By providing Blach with a defense to the Underlying Action, TRAVELERS has become equitably subrogated to Blach's rights under the policies of insurance issued by the Insurer Defendants and the subcontract agreements executed by the Subcontractor Defendants.

88. Each defendant is obligated to provide Blach with a defense to the Underlying Action. However, defendants have either failed to pay or have not paid their equitable share of Blach's defense costs. As a consequence, TRAVELERS has paid in excess of its equitable share, if any, of Blach's' defense costs.

89. Defendants are primarily and/or exclusively liable for Blach's defense costs, and thus in equity are required to reimburse TRAVELERS for their equitable share of said defense costs.

 

EIGHTH CAUSE OF ACTION
EQUITABLE INDEMNITY
(Against A81 Defendants)

90. TRAVELERS incorporates paragraphs 1 through 60, inclusive, as though set forth here in full.

91. This claim for equitable indemnity is pled in the alternative to the causes of action for equitable contribution and equitable subrogation.

92. Each defendant is obligated to provide Blach with a defense to the Underlying Action. However, defendants have either failed to pay or have not paid their equitable share of Blach's defense costs. As a consequence, TRAVELERS has paid in excess of its equitable share, if any, of Blach's' defense costs.

93. Defendants are primarily and/or exclusively liable for Blach's defense costs, and thus in equity are required to reimburse TRAVELERS for their equitable share of said defense costs.

 

NINTH CAUSE OF ACTION
EQUITABLE CONTRIBUTION
(Against Alt Defendants)

94. TRAVELERS incorporates paragraphs 1 through 60 inclusive, as though set forth here in full.

95. This claim for equitable contribution is pled in the alternative to the claims for equitable subrogation and equitable indemnity.

96. Each defendant is obligated to provide Blach with a defense to the Underlying Action. However, defendants have either failed to pay or have not paid their equitable share of Blach's defense costs. As a consequence, TRAVELERS has paid in excess of its equitable share, if any, of Blach's defense costs.

97. Defendants are primarily and/or exclusively liable for Blach's defense costs, and thus in equity are required to reimburse TRAVELERS for their equitable share of said defense costs, and contribute their fair share towards Blach's ongoing defense costs.

 

TENTH CAUSE OF ACTION
CONTRACTUAL SUBROGATION
(Against All Defendants)

98. TRAVELERS incorporates paragraphs 1 through 60, inclusive, as though set forth herein in full.

99. Pursuant to the terms of the TRAVELERS' general liability policy(ies) issued to Blach , whenever TRAVELERS pays a loss it is subrogated to Blach's rights as against any other third parties against whom Blach may have a claim for the same loss. By providing Blach with a defense to the Underlying Action, TRAVELERS has become contractually subrogated to Blach's rights under the policies of insurance issued by Insurer Defendants and the subcontract agreements executed by the Subcontractor Defendants.

100. Each defendant is obligated to provide Blach with a defense to the Underlying Action. However, defendants have either failed to pay or have not paid their share of Blach's defense costs. As a consequence, TRAVELERS has paid in excess of its share, if any, of Blach's' defense costs.

101. Defendants are primarily and/or exclusively liable for Blach's defense costs, and thus are required to reimburse TRAVELERS for their share of said defense costs."

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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