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

TRONOX LLC v. BE&K CONSTRUCTION COMPANY, LLC 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: 
1:11-cv-00127 Search Pacer
ACE Group party(s): 
Opposing Party: 
Tronox LLC
Court Type: 
Federal
US District Court: 
Northern District of Mississippi
Date Filed: 
Jun 2 2011

"COUNT ONE: DECLARATORY JUDGMENT
(BE&K)

17. Tronox incorporates and realleges Paragraphs 1 through 16.

18. BE&K has a duty under Paragraph 15 of the Agreement to provide a defense to Tronox in the Wells matter, as no determination of liability has been made.

19. Thus, Tronox seeks a determination that BE&K has a duty to defend Tronox in the Wells matter.

20. Further, to the extent persons and/or entities other than Tronox are found to be responsible in whole or in part for Wells' alleged injuries, Tronox seeks a determination that BE&K must indemnify Tronox for any judgment, settlement, or other loss incurred by Tronox related to any injuries caused in whole or in part by the fault of other persons and/or entities.

 

COUNT TWO: DECLARATORY JUDGMENT
(AAIC)

21. Tronox incorporates and realleges Paragraphs 1 through 20.

22. AAIC has a duty under the aforementioned liability policies to Tronox as an additional insured to provide a defense to Tronox in the Wells matter, as no determination of liability has been made.

23. Thus, Tronox seeks a determination that AAIC has a duty to defend Tronox in the Wells matter.

24. Further, to the extent persons and/or entities other than Tronox are found to be responsible in whole or in part for Wells' alleged injuries, Tronox seeks a determination that coverage exists under the applicable AAIC policy for any judgment, settlement, or other loss incurred by Tronox related to any injuries caused in whole or in part by the fault of other persons and/or entities.

 

COUNT THREE: BREACH OF CONTRACT
(BE&K)

25. Tronox incorporates and realleges Paragraphs 1 through 24.

26. Pursuant to Paragraph 16 of the Agreement, BE&K had a duty to obtain and provide Tronox with general liability and excess liability insurance coverage for all losses related to work performed by BE&K, regardless of fault. However, upon information and belief, BE&K only obtained insurance coverage for Tronox to insure its indemnity obligation under Paragraph 15 of the Agreement. Accordingly, BE&K breached the Agreement by failing to procure the proper and adequate insurance coverage in accordance with the Agreement.

27. Had BE&K obtained the proper insurance in accordance with the Agreement, all of the claims pending in the Wells matter would have been covered under the policy. However, as a proximate result of BE&K's failure to provide proper and/or adequate coverage, Tronox is without insurance coverage, in whole or in part, for the claims pending in the Wells matter.

28. Therefore, Tronox is entitled to damages resulting from BE&K's breach, including but not limited to all costs and attorneys' fees associated with its defense of the Wells matter and any judgment, settlement, or other loss resulting from the Wells matter.

WHEREFORE, PREMISES CONSIDERED, Tronox requests that the Court enter an order declaring that AAIC has a duty to defend Tronox in the Wells matter and that coverage
exists under the applicable AAIC policy for any judgment, settlement, or other loss incurred by Tronox related to any injuries caused in whole or in part by the fault of other persons and/or entities. Additionally, Tronox requests that the Court enter an order declaring that BE&K has a duty to defend Tronox in the Wells matter and that BE&K must indemnify Tronox for any judgment, settlement, or other loss incurred by Tronox related to any injuries caused in whole or in part by the fault of other persons and/or entities. Further, Tronox requests that the Court award Tronox damages resulting from BE&K's breach of Paragraph 16 of the Agreement, including but not limited to all costs and attorneys' fees associated with its defense of the Wells matter and any judgment, settlement, or other loss resulting from the Wells matter."

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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