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

U.S. BANK NATIONAL et al v. INDIAN HARBOR 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: 
0:12-cv-03175 Search Pacer
ACE Group party(s): 
Opposing Party: 
U.S. Bank National Association
Court Type: 
Federal
US District Court: 
District of Minnesota
Date Filed: 
Dec 21 2012

"FIRST CAUSE OF ACTION
(Breach of Contract for the Primary Policies)
67. U.S. Bank repeats and realleges paragraphs 1 through 66 of the Complaint as if fully set forth herein.

68. XL is obligated under the Primary Policies to reimburse the defense costs and settlements associated with the Underlying Actions.

69. In breach of its obligations under the Primary Policies, XL has failed and refused to reimburse such costs.

70. As a result of XL’s breach, U.S. Bank is responsible for substantial costs in connection with the defense and settlement of the Underlying Actions.

71. By reason of the foregoing, XL is liable to U.S. Bank for damages, the exact amount to be proven at trial, including, but not limited to: defense costs and settlements associated with the Underlying Actions; consequential damages; pre- and post-judgment interest; and attorneys’ fees, costs, and disbursements that U.S. Bank has incurred to date and may incur in the future in connection with prosecuting this action to recover insurance.

SECOND CAUSE OF ACTION
(Breach of Contract for the Excess Policies)
72. U.S. Bank repeats and realleges paragraphs 1 through 71 of the Complaint as if fully set forth herein.

73. ACE is obligated under the Excess Policies to reimburse defense costs and settlements associated with the Underlying Actions in excess of those covered by the Primary Policies.

74. In breach of its obligations under the Excess Policies, ACE has failed and refused to reimburse such costs.

75. As a result of ACE’s breach, U.S. Bank has incurred substantial costs in connection with the defense and settlement of the Underlying Actions.

76. By reason of the foregoing, ACE is liable to U.S. Bank for damages, the exact amount to be proven at trial, including, but not limited to: defense costs and settlements associated with the Underlying Actions; consequential damages; pre- and post-judgment interest; and attorneys’ fees, costs, and disbursements that U.S. Bank has incurred to date and may incur in the future in connection with prosecuting this action to recover insurance.

THIRD CAUSE OF ACTION
(Declaratory Judgment Regarding the Policies)

77. U.S. Bank repeats and realleges paragraphs 1 through 76 of the Complaint as if fully set forth herein.

78. U.S. Bank seeks a declaratory judgment for the purpose of determining a question of actual controversy between the parties regarding coverage under the Policies.

79. U.S. Bank contends that XL has a contractual obligation to reimburse U.S. Bank for the defense costs incurred and to indemnify U.S. Bank for the settlements entered in connection with the Underlying Actions, and has demanded payment of the same from XL.

80. U.S. Bank contends that ACE has a contractual obligation to reimburse U.S. Bank for the defense costs incurred and to indemnify U.S. Bank for the settlements entered in connection with the Underlying Actions in excess of underlying insurance, and has demanded payment of the same from ACE.

81. XL and ACE deny that they have obligations under the Policies to indemnify U.S. Bank for the costs incurred in connection with the Underlying Actions.

82. By reason of the foregoing, an actual and justiciable controversy exists between U.S. Bank and XL and ACE regarding the obligation to reimburse U.S. Bank for the defense costs incurred and the settlements entered in connection with the Underlying Actions.

83. As a result, U.S. Bank seeks a judicial determination by this Court that XL and ACE are obligated to reimburse such defense and settlement costs.

WHEREFORE, U.S. Bank prays for judgment as follows:
1. With respect to the First Cause of Action (Breach of Contract for the Primary Policies), that this Court:
(a) enter a judgment for breach of contract against XL, awarding compensatory damages in an amount established by the evidence, including all defense costs and settlements associated with the Underlying Actions; consequential damages; and attorneys’ fees, costs, and disbursements that U.S. Bank has incurred to date and may incur in the future in connection with prosecuting this action to recover insurance.
2. With respect to the Second Cause of Action (Breach of Contract for the Excess Policies), that this Court:
(a) enter a judgment for breach of contract against ACE, awarding compensatory damages in an amount established by the evidence, including all defense costs and settlements associated with the Underlying Actions; consequential damages; and attorneys’ fees, costs, and disbursements that U.S. Bank has incurred to date and may incur in the future in connection with prosecuting this action to recover insurance.

3. With respect to the Third Cause of Action (Declaratory Judgment Regarding the Policies), that this Court:
(a) enter a declaratory judgment that XL and ACE must reimburse all defense costs incurred and settlement amounts paid in connection with the Underlying Actions subject to any deductibles, policy limits and underlying insurance obligations; and
(b) enter a declaratory judgment that XL and ACE must pay all other damages caused by, or resulting from, XL’s breach of the Primary Policies and ACE’s breach of the Excess Policies, including consequential damages.
4. With respect to all Causes of Action, that this Court:
(a) award U.S. Bank all reasonable attorneys’ fees, costs, and expenses incurred in prosecuting this action;
(b) award U.S. Bank pre-judgment and post-judgment interest, as provided by law; and
(c) provide such other relief as the Court may deem just and proper."

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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