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

WESTCHESTER FIRE INSURANCE COMPANY et al v. THE SHAW GROUP, 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-00539 Search Pacer
ACE Group party(s): 
Opposing Party: 
Westchester Fire Insurance Company
Court Type: 
Federal
US District Court: 
Middle District of Louisiana
Date Filed: 
Aug 9 2011

"H. There Is No Coverage Under The Westchester and North American's Policies

43. Regardless of what law applies, Westchester and North American seek a judicial determination that there is no coverage under their policies, in whole or in part, because the underlying claims fail to satisfy the insuring agreements in their policies, and the claims are otherwise limited or excluded by the terms, conditions, limitations, and exclusions contained in the policies.

44. In part, Westchester and North American contend that the underlying claims are not covered by their policies for the reasons set forth below:

(a) Shaw and/or SPF have failed to exhaust underlying insurance as required by the policies, including but not limited to the Zurich policies;(b) the underlying claims do not satisfy the definitions of "property damage" or "occurrence," as those terms are defined in the policies;

(c) the underlying claims are excluded by the "your product" exclusion in the Westchester umbrella policies, which the Westchester and North American excess policies follow-form to

(d) the underlying claims are excluded by the "impaired property" exclusion in the Westchester umbrella policies, which the Westchester and North American excess policies follow-form to; and

(e) the underlying claims are excluded by the sister ship exclusion in the Westchester umbrella policies, which the Westchester and North American excess policies follow-form to.

45. Westchester and North American further contend that the underlying claims are otherwise limited or excluded, in whole or in part, for the reasons set forth in the insurers' respective reservation of rights letters, which are attached to and incorporated into this Complaint as Exhibits B, C, D, and E.

46. Accordingly, Westchester and North American seek a judicial determination, pursuant to 28 U.S.C. § 2201, of the parties' rights, duties, and obligations vis-a-vis the Westchester and North American policies."

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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