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

TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA v. OLD REPUBLIC 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: 
1:13-cv-00576 Search Pacer
Opposing Party: 
Travelers Property Casualty Company of America
Court Type: 
Federal
US District Court: 
Eastern District of California
Date Filed: 
Apr 19 2013

"FIRST CAUSE OF ACTION FOR DECLARATORY RELIEF

(By Plaintiff Against All Defendants and Does 1 through 10)

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

107. An actual, present and justiciable controversy has arisen and now exists between Plaintiff on the one hand and Defendants Everest, Old Republic, Interstate, Financial Pacific, Arch, Navigators, CSarendon, ACE American, National Union, Aspen, First Specialty, Ironshore, American Safety, Lexington, Probuilders, Security America, Illinois Union, Zurich, Allied, Liberty Mutual, Northern Insurance, AISLIC, NIC Insurance, Truck Insurance, Certain Underwriters, Praetorian, and DOES 1 through 10, on the other, concerning their respective rights, duties and obligations under the insurance policies issued by each of them.

108. In particular, Plaintiff contends, and Defendants Everest, Old Republic, Interstate, Financial Pacific, Arch, Navigators, Clarendon, ACE American, National Union, Aspen, First Specialty, Ironshore, American Safety, Lexington, Probuilders, Security America, Illinois Union, Zurich, Allied, Liberty Mutual, Northern Insurance, AISLIC, NIC Insurance, Truck Insurance, Certain Underwriters, Praetorian, and DOES 1 through 10 deny the following:

a. Defendants Everest, Old Republic, Interstate, Financial Pacific, Arch, Navigators, Clarendon, ACE American, National Union, Aspen, First Specialty, Ironshore, American Safety, Lexington, Probuilders, Security America, Illinois Union, Zurich, Allied, Liberty Mutual, Northern Insurance, AISLIC, NIC Insurance, Truck Insurance, Certain Underwriters, Praetorian, and DOES 1 through 10 had and have a duty to defend Beazer Homes against the claims, demands, actions and causes of action asserted against Beazer Homes in the Underlying Action;

b. Defendants Everest, Old Republic, Interstate, Financial Pacific, Arch, Navigators, Clarendon, ACE American, National Union, Aspen, First Specialty, Ironshore, American Safety, Lexington, Probuilders, Security America, Illinois Union, Zurich, Allied, Liberty Mutual, Northern Insurance, AISLIC, NIC Insurance, Truck Insurance, Certain Underwriters, Praetorian, and DOES 1 through 10 had and have an equitable duty and responsibility to pay a fair and proportionate share of the costs of defense incurred on behalf of Beazer Homes;

c. The costs of defending Beazer Homes have been and are being borne disproportionately by Plaintiff; and

d. The costs associated with the defense of Beazer Homes should be equitably apportioned between and among Plaintiff and Defendants Everest, Old Republic, Interstate, Financial Pacific, Arch, Navigators, Clarendon, ACE American, National Union, Aspen, First Specialty, Ironshore, American Safety, Lexington, Probuilders, Security America, Illinois Union, Zurich, Allied, Liberty Mutual, Northern Insurance, AISLIC, NIC Insurance, Truck Insurance, Certain Underwriters, Praetorian, and DOES 1 through 10 under applicable law and equitable principles.

109. Plaintiff asserts and contends that declaratory judgment is both necessary and proper at this time for the court to determine the respective rights and liabilities of the parties regarding their obligations to pay for Beazer Homes' defense of the allegations being made against them in the Underlying Action.

SECOND CAUSE OF ACTION FOR EQUITABLE CONTRIBUTION
(By Plaintiff Against AH Defendants and Does 1 through 10)

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

111. In the Underlying Action, the homeowner plaintiffs seek monetary damages from Beazer Homes for, among other things, defective construction for which Beazer Homes is or was allegedly responsible.

112. Plaintiff is defending Beazer Homes against claims asserted against Beazer Homes in the Underlying Action, pursuant to the terms and conditions of its liability insurance policies, and subject to a full reservation of its rights.

113. Plaintiff is informed and believes and thereon alleges that policies issued by Defendants Everest, Old Republic, Interstate, Financial Pacific, Arch, Navigators, Clarendon, ACE American, National Union, Aspen, First Specialty, Ironshore, American Safety, Lexington, Probuilders, Security America, Illinois Union, Zurich, Allied, Liberty Mutual, Northern Insurance, AISLIC, NIC Insurance, Truck Insurance, Certain Underwriters, Praetorian, and DOES 1 through 10 to provide liability insurance to Beazer Homes, designating Beazer Homes as a named insured or additional insured thereon. Plaintiff is further informed and believes and thereon alleges that the allegations made, pleaded or otherwise asserted against Beazer Homes in the Underlying Action, if true, set forth claims for damages potentially covered under the various policies issued by Everest, Old Republic, Interstate, Financial Pacific, Arch, Navigators, Clarendon, ACE American, National Union, Aspen, First Specialty, Ironshore, American Safety, Lexington, Probuilders, Security America, Illinois Union, Zurich, Allied, Liberty Mutual, Northern Insurance, AISLIC, NIC Insurance, Truck Insurance, Certain Underwriters, Praetorian, and DOES 1 through 10 policies.

114. As such, Defendants Everest, Old Republic, Interstate, Financial Pacific, Arch, Navigators, Clarendon, ACE American, National Union, Aspen, First Specialty, Ironshore, American Safety, Lexington, Probuilders, Security America, Illinois Union, Zurich, Allied, Liberty Mutual, Northern Insurance, AISLIC, NIC Insurance, Truck Insurance, Certain Underwriters, Praetorian, and DOES 1 through 10, and each of them, are obligated to participate in the defense of Beazer Homes of 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 for bodily injury or property damage potentially covered under their respective policies.

115. All conditions precedent to Defendants Everest's, Old Republic's, Interstate's, Financial Pacific's, Arch's, Navigators', Clarendon's, ACE American's, National Union's, Aspen's, First Specialty's, Ironshore's, American Safety's, Lexington's, Probuilders', Security America's, Illinois Union's, Zurich's, Allied's, Liberty MutuaPs, Northern Insurance's, AISLIC's, NIC Insurance's, Truck Insurance's, Certain Underwriters', Praetorian's, and DOES 1 through 10's obligations under their respective policies of insurance have been satisfied, waived, and/or excused. Defendants Everest's, Old Republic's, Interstate's, Financial Pacific's, Arch's, Navigators', Clarendon's, ACE American's, National Union's, Aspen's, First Specialty's, Ironshore's, American Safety's, Lexington's, Probuilders', Security America's, Illinois Union's, Zurich's, Allied's, Liberty Mutual's, Northern Insurance's, AISLIC's, NIC Insurance's, Truck Insurance's, Certain Underwriters', Praetorian's, and DOES 1 through 10's obligations to defend Beazer Homes are currently due and owing.

116. Defendants Everest, Old Republic, Interstate, Financial Pacific, Arch, Navigators, Clarendon, ACE American, National Union, Aspen, First Specialty, Ironshore, American Safety, Lexington, Probuilders, Security America, Illinois Union, Zurich, Allied, Liberty Mutual, Northern Insurance, AISLIC, NIC Insurance, Truck Insurance, Certain Underwriters, Praetorian, and DOES 1 through 10 have to date failed to participate in the defense of Beazer Homes, and failed to contribute a full and equitable share toward Plaintiffs costs of defending Beazer Homes which have been incurred and which are being incurred in connection with the Underlying Action.

117. By reason of Defendants Everest's, Old Republic's, Interstate's, Financial Pacific's, Arch's, Navigators', Clarendon's, ACE American's, National Union's, Aspen's, First Specialty's, Ironshore's, American Safety's, Lexington's, Probuilders', Security America's, Illinois Union's, Zurich's, Allied's, Liberty Mutual's, Northern Insurance's, AISLIC's, NIC Insurance's, Truck Insurance's, Certain Underwriters', Praetorian's, and DOES 1 through 10's failure to discharge their obligations and participate in the defense of Beazer Homes, Plaintiff has incurred and/or paid, and will incur and/or pay, more costs than it would have, had Defendants Everest, Old Republic, Interstate, Financial Pacific, Arch, Navigators, Clarendon, ACE American, National Union, Aspen, First Specialty, Ironshore, American Safety, Lexington, Probuilders, Security America, Illinois Union, Zurich, Allied, Liberty Mutual, Northern Insurance, AISLIC, NIC Insurance, Truck Insurance, Certain Underwriters, Praetorian, and DOES 1 through 10 agreed to defend Beazer Homes in performance of their due and owing obligations under their respective insurance policies.

118. Defendants Everest's, Old Republic's, Interstate's, Financial Pacific's, Arch's, Navigators', Clarendon's, ACE American's, National Union's, Aspen's, First Specialty's, Ironshore's, American Safety's, Lexington's, Probuilders', Security America's, Illinois Union's, Zurich's, Allied's, Liberty Mutuai's, Northern Insurance's, AISLIC's, NIC Insurance's, Truck Insurance's, Certain Underwriters', Praetorian'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 that Plaintiff is paying and has paid more than its equitable share of the costs of defending Beazer Homes in the Underlying Action without the participation of Defendants in paying for such costs.

119. Because of Defendants Everest's, Old Republic's, Interstate's, Financial Pacific's, Arch's, Navigators', Clarendon's, ACE American's, National Union's, Aspen's, First Specialty's, Ironshore's, American Safety's, Lexington's, Probuilders', Security America's, Illinois Union's, Zurich's, Allied's, Liberty Mutuai's, Northern Insurance's, AISLIC's, NIC Insurance's, Tmck Insurance's, Certain Underwriters', Praetorian'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 Everest's, Old Republic's, Interstate's, Financial Pacific's, Arch's, Navigators', Clarendon's, ACE American's, National Union's, Aspen's, First Specialty's, Ironshore's, American Safety's, Lexington's, Probuilders', Security America's, Illinois Union's, Zurich's, Allied's, Liberty Mutuai's, Northern Insurance's, AISLIC's, NIC Insurance's, Truck Insurance's, Certain Underwriters', Praetorian's, and DOES 1 through 10's fair and equitable proportionate share of the total costs of defense incurred in connection with the claim against Beazer Homes, 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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