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

THE WHITING-TURNER CONTRACTING COMPANY v. WESTCHESTER FIRE INSURANCE COMPANY

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: 
1:13-cv-00348 Search Pacer
ACE Group party(s): 
Opposing Party: 
The Whiting-Turner Contracting Company
Court Type: 
Federal
US District Court: 
District of Maryland
Date Filed: 
Feb 1 2013

"Count I
(Breach of Performance Bond)

27. Whting-Turer incorporates herein by reference paragraphs 1-26, inclusive. The allegations in this count are, to the extent necessary or appropriate, made in the alternative to the allegations in the other paragraphs and counts in this Complaint.

28. Surety owes a contractual duty to Whting-Turer under the Performance Bond to pay the completion costs Whting-Turer incurred in completing Ionadi's work under the Subcontract for the Project, in the principal amount of $288,067.60.

29. Surety has materially breached that duty by failng to pay Whting-Turner for the Ionadi completion costs.

30. Surety's breach of the Performance Bond has substatially hared Whiting-Turer.

31. All conditions precedent to Whiting- Turer's recovery under the Performance Bond have been satisfied and/or waived.

32. As a result of Surety's breach, Whiting-Turer is entitled to recover from Surety the costs of completion ($288,067.60) as well as the attorneys' fees incurred by Whiting-Turer in connection therewith.

WHEREFORE, Plaintiff, The Whiting-Turer Contracting Company, respectfully requests that this Cour enter judgment in its favor and against Westchester Fire Insurance Company, in an amount not less than $288,067.60, together with attorneys' fees, interest, costs, and such fuher relief as deemed appropriate.

Count II
(Breach of Contract)

33. Whiting-Turer incorporates herein by reference paragraphs 1-32, inclusive. The allegations in this count are, to the extent necessary or appropriate, made in the alternative to the allegations in the other paragraphs and counts in this Complaint.

34. Surety, by its agreement to retain Whting-Turer to complete Ionadi's work under the Subcontract for the Project, formed an independent contract with Whiting-Turer for the completion of that work.

35. Surety materially breached that contract by failng to pay Whiting-Turner for the costs of completing Ionadi' s work.

36. Surety's breach of contract has substantially hared Whting-Turer.

37. All conditions precedent to Whiting-Turer's recovery have been satisfied and/or waived.

38. As a result of Surety's breach, Whiting-Turner is entitled to recover from Surety the costs of completion ($288,067.60) as well as the attorneys' fees incurred by Whting-Turer in connection therewith.

WHEREFORE, Plaintiff, The Whiting-Turner Contracting Company, respectfully requests that this Cour enter judgment in its favor and against Westchester Fire Insurance Company, in an amount not less than $288,067.60, together with attorneys' fees, interest, costs, and such fuher relief as deemed appropriate.

Count III
(Detrimental Reliance/Promissory Estoppel)

39. Whiting-Turer incorporates herein by reference paragraphs 1-38, inclusive. The allegations in this count are, to the extent necessary or appropriate, made in the alternative to the allegations in the other paragraphs and counts in this Complaint.

40. Surety made a clear and definite promise to Whting-Turner by directing and requesting Whting-Turer to complete Ionadi' s work under the Subcontract and agreeing to compensate Whiting-Turner for its costs in doing so.

41. Surety reasonably expected that its promises and agreements would induce Whiting- Turer to undertake the completion of Ionadi's work.

42. Surety's promises and agreements did in fact induce Whiting-Turer's actual and reasonable reliance, and caused Whting-Turner to undertake the completion of Ionadi's work under the Subcontract.

43. Whting-Turer has been substantially hared by its reasonable reliance on Surety's promises and agreements, and that har can only be avoided by the enforcement of those promises and agreements.

WHEREFORE, Plaintiff, The Whiting-Turer Contracting Company, respectfully requests that this Cour enter judgment in its favor and against Westchester Fire Insurance Company, in an amount not less than $288,067.60, together with attorneys' fees, interest, costs, and such fuher relief as deemed appropriate."

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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