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

WESTCHESTER FIRE INSURANCE COMPANY v. BENNETT

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: 
2:12-cv-00049 Search Pacer
ACE Group party(s): 
Opposing Party: 
Westchester Fire Insurance Company
Court Type: 
Federal
US District Court: 
Middle District of Florida
Date Filed: 
Jan 30 2012

"COUNT I

5. Plaintiff realleges the allegations contained in 1-4 as fully stated herein.

6. On or about October 10, 2005, Plaintiff and ROBERT J. BENNETT (herein "Defendant") entered into a General Agreement of Indemnity. A true and correct copy of the General Agreement of Indemnity is attached hereto as Exhibit "A" and incorporated herein by reference.

7. On or about November 18, 2007 through November 18, 2012, Defendant breached the General Agreement of Indemnity by failing to pay the surety bond premium that was due and owing on said General Agreement of Indemnity due on a performance surety bond issued by Plaintiff and by thereafter failing to indemnify said Plaintiff for the payment due even though demand for payment has been made.

8. Plaintiff has performed all obligations to Defendant except those obligations Plaintiff was prevented or excused from performing.

9. Plaintiff sustained damages legally and proximately caused by Defendant's breach of the General Agreement of Indemnity in the amount of $79,955.00.  (See Exhibit "B" attached hereto and incorporated as reference and the reports of execution attached hereto as Composite Exhibit "C").

10. Plaintiff has retained the undersigned counsel to represent it in this action and is obligated to pay Plaintiff a reasonable fee for services.

11. In addition to the amounts stated in paragraph 9 above, Plaintiff is entitled to recover its attorney's fees, interest and court costs pursuant to the terms of the General Agreement of Indemnity.

WHEREFORE, Plaintiff prays that this Court grant Judgment against the Defendant as follows:

1. For actual damages of $79,955.00;
2. For full costs of this action, including reasonable attorney's fees, interest and court costs;
3. For any such other relief as the court deems just and equitable under the circumstances."

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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