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

WESTCHESTER FIRE INSURANCE COMPANY v. LEXINGTON 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: 
5:12-cv-01019 Search Pacer
ACE Group party(s): 
Court Type: 
Federal
US District Court: 
Western District of Oklahoma
Date Filed: 
Sep 13 2012

"FIRST CAUSE OF ACTION
(Declaratory Judgment)
25. Westchester repeats and re-alleges the allegations in Paragraphs 1-24, above, as though fully set forth herein.

26. If International and/or U.S. Fire are held liable to CITGO in the CITGO Lawsuit for CITGO’s unreimbursed defense costs and settlement payments and/or future defense and indemnity costs, which is disputed, Westchester will be obligated to pay those amounts directly to CITGO in its own name or on behalf of International and/or U.S. Fire.

27. Neither AMICO nor Lexington paid its full or pro-rata share of CITGO’s alleged past and/or future defense costs, damages, or settlements for the MTBE Lawsuits.

28. Westchester seeks and is entitled to a declaration that the International and U.S. Fire Policies are excess to the AMICO and Lexington Policies and that AMICO and Lexington must indemnify Westchester, in full, for any past or future defense costs and/or indemnity payments International and/or U.S. Fire are held liable to pay CITGO in the CITGO Lawsuit.

29. Alternatively, Westchester seeks and is entitled to a declaration that AMICO and Lexington must indemnify it for their full and unpaid pro-rata shares of any past or future defense costs and/or indemnity payments International and/or U.S. Fire are held liable to pay CITGO in the CITGO Lawsuit.

SECOND CAUSE OF ACTION
(Subrogation/Indemnity/Contribution)

30. Westchester repeats and re-alleges the allegations in Paragraphs 1-29, above, as though fully set forth herein.

31. If International and/or U.S. Fire are held liable to CITGO in the CITGO Lawsuit for CITGO’s unreimbursed defense costs and settlement payments and/or future defense and indemnity costs, which is disputed, Westchester seeks and is entitled to recover any and all sums it must pay to CITGO from AMICO and/or Lexington by subrogation, indemnity, contribution, contract or otherwise.

32. Alternatively, Westchester seeks and is entitled to recover from AMICO and/or Lexington any sums it must pay to CITGO in excess of International’s and U.S. Fire’s pro-rata shares.

33. Westchester hereby demands a jury trial on all issues.

WHEREFORE, Westchester prays for judgment against AMICO and Lexington as follows:

1. a declaration that the International and U.S. Fire Policies are excess to the AMICO and Lexington Policies;

2. a declaration that, if International and/or U.S. Fire are held liable to CITGO in the CITGO Lawsuit for CITGO’s unreimbursed defense costs and settlement payments and/or future defense and indemnity costs, AMICO and Lexington must indemnify Westchester, in full, for any past or future defense costs and/or indemnity payments International and/or U.S. Fire are held liable to pay CITGO in the CITGO Lawsuit;

3. alternatively, a declaration that AMICO and Lexington must indemnify Westchester for their full and unpaid pro-rata shares of any past or future defense costs and/or indemnity payments International and/or U.S. Fire are held liable to pay CITGO in the CITGO Lawsuit;

4. all sums Westchester must pay to CITGO based upon its rights to subrogation, indemnity, contribution, contract or otherwise; and

5. alternatively, any sums Westchester must pay to CITGO in excess of International’s and U.S. Fire’s pro-rata shares."

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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