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

UNITED STATES OF AMERICA et la v. APPLIED ENERGY MANAGEMENT, INC. 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: 
3:11-cv-00199 Search Pacer
ACE Group party(s): 
Opposing Party: 
United States of America
Court Type: 
Federal
US District Court: 
Eastern District of Tennessee
Date Filed: 
May 3 2011

"3. Defendant, WESTCHESTER FIRE INSURANCE COMPANY
(AWestchesterA), a Pennsylvania corporation, maintains its principal place of business at 436 Walnut Street, Philadelphia, Pennsylvania. Westchester is, upon information and belief, in the business of, inter alia, issuing surety bonds on public projects. Pursuant to Tenn. Code. Ann. § 56-2-504, Westchester can be served with process by forwarding the summons and complaint to its statutory agent, the Tennessee Commissioner of Commerce and Insurance, 500 James Robertson Parkway, 5th Floor, Nashville, Tennessee 37243.

4. Upon information and belief, AEM was at all relevant times the contractor under a certain Agreement with Johnson Controls, Inc., the General Contractor for a project commonly known as the AMelton Valley Steam Plant@ for the construction of a steam plant at Oak Ridge National Laboratory (“ORNL”) located in Oak Ridge, Tennessee.

5. Westchester furnished a performance and payment bond to the United States (the “Bond”) and is now a surety under a contract between Johnson Controls, Inc., and the United States. A copy of said Bond is attached to this Agreement, marked Exhibit AA@ and made a part hereof."

 

"13. All conditions precedent for bringing this action have been performed or occurred. A copy of the Notice to Johnson Controls, Inc., General Contractor and Westchester, the bond company, as required by statute is attached hereto, marked Exhibit “D”, and made a part hereof.

WHEREFORE, the UNITED STATES OF AMERICA on behalf and to the use of RAGAN MECHANICAL, INC., requests judgment against Defendants, APPLIED ENERGY MANAGEMENT, INC., and WESTCHESTER FIRE INSURANCE COMPANY and in favor of RAGAN MECHANICAL, INC., in the amount of $287,624.09, plus pre-judgment interest as provided by law plus reasonable attorney fees incurred and all taxable costs of this action."

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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