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

VENERUS ET AL v. ACE AMERICAN 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: 
6:12-cv-01204 Search Pacer
ACE Group party(s): 
Opposing Party: 
Heather Venerus
Court Type: 
Federal
US District Court: 
Middle District of Florida
Date Filed: 
Aug 3 2012

"COUNT I
CLASS ACTION FOR DECLARATORY RELIEF REGARDING UNINSURED/UNDERINSURED MOTORIST COVERAGE

22. The Plaintiffs reallege and reaverthe allegations contained in paragraphs 1- 21 above.

23. This is an action for declaratory relief against ACE pursuant to 28 U.S.C. §2201 and §2202. A question of law and fact common to the claim of the representative party and each member of the class is whether the ACE policy provides UM/UIM coverage to individuals purchasing supplemental liability insurance from ACE, as we" as the occupants of vehicles covered under such supplemental liability insurance, when the vehicle is leased in Florida and said supplemental liability insurance is purchased.

24. The Class is defined as a" such persons who have sustained damages within the past five years as a result of the alleged negligence of an uninsured/underinsured motorist.

25. The Plaintiffs bring this action as a class action pursuant to Rule 23 of the Federal Rules of Civil Procedure since:
a. The approximate number of the class members is unknown, however, the members of the class are so numerous that separate joinder of each member is impracticable. Upon information and belief, at any given time, there are at least one thousand individuals who have purchased supplemental liability insurance while renting a Budge Rent A Car vehicle within the State of Florida. In light of that, it is estimated that the potential class members are in excess of 100 or otherwise so numerous that joinder of all members is not practicable;
b. The claim of the representative parties raise common questions of law and fact.The Plaintiffs have sustained injuries as a result of the negligence of an uninsured/underinsured motorist and are seeking coverage under the ACE policy. Hence, the common question of law and fact at this point, is whether or not the ACE policy provides uninsured/underinsured motorist coverage to the aforementioned class of individuals and what are the amounts of said coverage.
c. The claims of the representative parties are typical of the claims of members of the class since the aforementioned class members are entitled to uninsured/underinsured motorist coverage under the ACE policy if the policy is reformed to provide said coverage.
d. The Plaintiffs, as representative parties, can fairly and adequately protect the interests of the class. Plaintiffs have employed experienced class counsel who are capable of prosecuting the claims of the class members. Plaintiffs have an interest in pursuing this action on their own behalf and on behalf of the class, as much as the Plaintiff has sustained losses as a result of the negligence of an uninsured/underinsured motorist. Plaintiffs' claims are substantially similar to the claims of all other class members.

26. Since ACE, in failing to acknowledge uninsured/underinsured motorist coverage under the ACE policy, has acted or failed to act on grounds generally applicable to the class, declaratory relief with respect to the class is appropriate and hence, this action is maintainable as a class action pursuant to Federal Rule of Civil Procedure 23(b)(2).

WHEREFORE, the Plaintiffs VENERUS and MALLOY, individually and on behalf of all others similarly situated, respectfully request the following relief from this Honorable Court:
(a) an order certifying this action as a class action pursuant to Rule 23
(b)(2) of the Federal Rules of Civil Procedure; (b) a declaratory decree that the ACE policy provides, for benefit of the representative parties and class members, uninsured/underinsure motorist benefits equal to $1 million dollars;
© attorney fees pursuant to §627.428 Fla. Stat.;
(d) costs allowed by law; (e) any other relief deemed just and proper by this Honorable Court; and (f) trial by jury of all issues so triable as of right.

COUNT II
INDIVIDUAL CLAIM OF VENERUS AGAINST ACE FOR FAILING TO PROVIDE UNINSURED/UNDERINSURED MOTORIST COVERAGE

27. The Plaintiff VENERUS realleges and reavers the allegations contained in paragraphs 1 through 21 and 23 through 26 above as if fully set forth herein.

28. As a direct result of the negligence of the uninsured/underinsured motorist for which ACE provides uninsured/underinsured motorist coverage, the Plaintiff VENERUS has sustained injuries and damages as follows: (a) past and future pain and suffering; (b) disability, disfigurement, mental anguish, loss of capacity of enjoyment of life; (c) expenses of hospitalization, medical and nursing treatment; (d) loss of earnings, loss of ability to earn money and aggravation of pre-existing conditions; (e) the aforementioned losses are either permanent or continuing and Plaintiff will suffer losses in the future.

WHEREFORE, the Plaintiff VENERUS demands judgment against the Defendant ACE for compensatory damages, attorney's fees pursuant to §627.428 Fla. Stat., costs and any other relief deemed just and proper. In addition, the Plaintiff demands trial by jury of all issues so triable.

COUNT III
INDIVIDUAL CLAIM OF VENERUS AGAINST KOHLER

29. The Plaintiff VENERUS realleges and reavers the allegations contained in paragraphs 1 through 21 above as if fully set forth herein.

30. As a direct result of the negligence of KOHLER, the uninsured/underinsured motorist, the Plaintiff VENERUS has sustained injuries and damages as follows: (a) past and future pain and suffering; (b) disability, disfigurement, mental anguish, loss of capacity of enjoyment of life; (c) expenses of hospitalization, medical and nursing treatment; (d) loss of earnings, loss of ability to earn money and aggravation of pre-existing conditions; (e) the aforementioned losses are either permanent or continuing and Plaintiff will suffer losses in the future.

WHEREFORE, the Plaintiff VENERUS demands judgment against the Defendant KOHLER for compensatory damages, costs and any other relief deemed just and proper. In addition, the Plaintiff demands trial by jury of all issues so triable.

COUNT IV
INDIVIDUAL CLAIM OF VENERUS AGAINST LE-KOHLER

31. The Plaintiff VENERUS realleges and reavers the allegations contained in paragraphs 1 through 21 above as if fully set forth herein.

32. As a direct result of the negligence of the uninsured/underinsured motorist, for which Defendant LE-KOHLER is vicariously liable, the Plaintiff VENERUS has sustained injuries and damages as follows: (a) past and future pain and suffering; (b) disability, disfigurement, mental anguish, loss of capacity of enjoyment of life; (c) expenses of hospitalization, medical and nursing treatment; (d) loss of earnings, loss of ability to earn money and aggravation of pre-existing conditions; (e) the aforementioned losses are either permanent or continuing and Plaintiff will suffer losses in the future.

WHEREFORE, the Plaintiff VENERUS demands judgment against the Defendant LE-KOHLER for compensatory damages, costs and any other relief deemed just and proper. In addition, the Plaintiff demands trial by jury of all issues so triable.

COUNT V
INDIVIDUAL CLAIM OF MALLOY AGAINST ACE FOR FAILING TO PROVIDE UNINSURED/UNDERINSURED MOTORIST COVERAGE.

33. The Plaintiff MALLOY realleges and reavers the allegations contained in paragraphs 1 through 21 and 23 through 26 above as if fully set forth herein.

34. As a direct result of the negligence of the uninsured/underinsured motorist for which ACE provides uninsured/underinsured motorist coverage, the Plaintiff MALLOY has sustained injuries and damages as follows: (a) past and future pain and suffering; (b) disability, disfigurement, mental anguish, loss of capacity of enjoyment of life; (c) expenses of hospitalization, medical and nursing treatment; (d) loss of earnings, loss of ability to earn money and aggravation of pre-existing conditions; (e) the aforementioned losses are either permanent or continuing and Plaintiff will suffer losses in the future.

WHEREFORE, the Plaintiff MALLOY demands judgment against the Defendant ACE for compensatory damages, attorney's fees pursuant to §627.428 Fla. Stat., costs and any other relief deemed just and proper. In addition, the Plaintiff demands trial by jury of all issues so triable.

COUNT VI
INDIVIDUAL CLAIM OF MALLOY AGAINST KOHLER

35. The Plaintiff MALLOY realleges and reavers the allegations contained in paragraphs 1 through 21 above as if fully set forth herein.

36. As a direct result of the negligence of KOHLER, the uninsured/underinsured motorist, the Plaintiff MALLOY has sustained injuries and damages as follows: (a) past and future pain and suffering; (b) disability, disfigurement, mental anguish, loss of capacity of enjoyment of life; (c) expenses of hospitalization, medical and nursing treatment; (d) loss of earnings, loss of abilityto earn money and aggravation of pre-existing conditions; (e) the aforementioned losses are either permanent or continuing and Plaintiff will suffer losses in the future.

WHEREFORE, the Plaintiff MALLOY demands judgment against the Defendant KOHLER for compensatory damages, costs and any other relief deemed just and proper. In addition, the Plaintiff demands trial by jury of all issues so triable.

COUNT VII
INDIVIDUAL CLAIM OF MALLOY AGAINST LE-KOHLER

37. The Plaintiff MALLOY real\eges and reavers the allegations contained in paragraphs 1 through 21 above as if fully set forth herein.

38. As a direct result of the negligence of the uninsured/underinsured motorist, for which Defendant LE-KOHLER is vicariously liable, the Plaintiff MALLOY has sustained injuries and damages as follows: (a) past and future pain and suffering; (b) disability, disfigurement, mental anguish, loss of capacity of enjoyment of life; (c) expenses of hospitalization, medical and nursing treatment; (d) loss of earnings, loss of ability to earn money and aggravation of pre-existing conditions; (e) the aforementioned losses are either permanent or continuing and Plaintiff will suffer losses in the future."

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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