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

WESTCHESTER FIRE INSURANCE COMPANY v. PITTLER, MICHAELSON & FROST, 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: 
3:12-cv-00416 Search Pacer
ACE Group party(s): 
Opposing Party: 
Pittler, Michaelson & Frost, Inc.
Court Type: 
Federal
US District Court: 
Eastern District of Virginia
Date Filed: 
Jun 5 2012

"COUNT I — BREACH OF CONTRACT
13. Westchester realleges the allegations of Paragraphs 1 though 12 as if fully set forth herein

14. PM&F, through W.C. Sheehan, entered into the Contract with Westchester dated March 1, 2005 whereby it was obligated to collect policy premiums it for policies it sold on Westchester's behalf and remit those premiums to Westchester.

15. PM&F agreed to the terms in The Contract and/or the terms of the Amended Contract, as it performed under the terms of both contracts.

16. PM&F has collected $199,386.41 of premiums which it has wrongfully withheld from Westchester.

17. Westchester has been damaged in the amount of $199,386.41 by PM&F's wrongful actions.

COUNT II — BREACH OF IMPLIED CONTRACT IN FACT
18. Westchester hereby realleges the allegations of Paragraphs 1 though 17 as if fullyset forth herein.

19. There existed a mutually agreed obligation and intent to promise between Westchester and PM&F whereby Westchester authorized PM&F to sell policies of insurance, PM&F would sell those policies on Westchester's behalf, and PM&F would collect policy premiums for policies it sold on Westchester's behalf and remit those premiums to Westchester.

20. From 2005 until Westchester terminated PM&F's authority to bind it to insurance in 2011, PM&F sold the insurance policies on behalf of Westchester and collected the premiums for the policies it sold on Westchester's behalf.

21. PM&F has collected $199,386.41 of premiums which it has wrongfully withheld from Westchester.

22. Westchester has been damaged in the amount of $199,386.41 by PM&F's wrongful actions.

COUNT III— QUANTUM MERUIT

23. Westchester hereby realleges the allegations of Paragraphs 1 though 22 as if fully set forth herein.

24. PM&F has sold policies on Westchester's behalf and collected premiums for those policies which it has wrongfully kept for itself.

25. Westchester is the rightful owner of the policy premiums collected by PM&F.

26. The amount of premiums collected by PM&F which has been wrongfully withheld from Westchester is $199,386.41.

27. If PM&F is not ordered to pay the wrongfully withheld premiums to Westchester, PM&F will be unjustly enriched by the amount of $199,386.41

WHEREFORE: Westchester respectfully requests this Court to ORDER PM&F to pay Westchester the amount of 199,386.41 plus its costs and attorneys' fees expended in filing this action and such further relief as the Court deems appropriate. Respectfully submitted,"

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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