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

UNITY CONSTRUCTION, INC. v. TRICORE, 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: 
1:12-cv-11391 Search Pacer
ACE Group party(s): 
Opposing Party: 
Unity Construction, Inc.
Court Type: 
Federal
US District Court: 
Massachusetts District Court
Date Filed: 
Jul 30 2012

"Count I (Breach of Contract - Tricore)
19. The Plaintiff incorporates the allegations of Paragraphs 1 through 18 as if restated verbatim herein.
20. The allegations contained herein constitute a breach of contract by and between the Plaintiff and the Defendant Tricore.  Tricore remains obligated to the Plaintiff in the amount of $93,600.00.

CountII
(Breach of Contract on Payment Bond - Westchester)
21. The Plaintiff incorporates the allegations of Paragraphs 1 through 20 as if restated verbatim heron.
22. Westchester, as Surety, remains obligated to the Plaintiff Unity in the amount of $93,600.00, per the Payment Bond.

Count III
(Declaratory Judgment on Payment Bond)

23. The Plaintiff incorporates the allegations of Paragraphs 1 through 22 as if restated verbatim herein.
24. Unity seeks a declaration that it has rights to payment of the Contract with Tricore from Westchester, as Surety, in the amount of $93,600.00. per the Payment Bond.

WHEREFORE, the Plaintiff demands that judgment  be entered in it favor against the Defendants as follows:
A. Under the Count 1, for judgment to be entered against Tricore Inc., in an amount to be determined by the Court, plus attorney's fees, interest and costs;
B. Under Count II, for judgment to be entered against Westchester Fire Insurance Company, in an amount to be determined by the Court, pus attorney's fees, interest and costs;
C. Under Count III, for declaration of judgment to be entered against Westchester Fire Insurance Company, that the Payment Bond is enforceable by Unity and against Westchester; and
D, For such other and further relief as this Court deems just."
 

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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