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

ZATARAIN v. ACE AMERICAN INSURANCE COMPANY, A PENNSYLVANIA CORPORATION

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: 
8:14-cv-01597 Search Pacer
ACE Group party(s): 
Opposing Party: 
Manuel Zatarain, Sr.
Court Type: 
Federal
US District Court: 
Central District of California
Date Filed: 
Oct 2 2014

Plaintiff, MANUEL ZATARAIN, SR., an individual, (hereinafter "Plaintiff'), hereby
complains against Defendants ACE AMERICAN INSURANCE COMPANY, a Pennsylvania
Corporation (hereinafter "ACE"), and DOES 1 through-10, inclusive (hereinafter "Does"), and
alleges as follows:

GENERAL ALLEGATIONS
1. Plaintiff is, and at all times mentioned herein was, an individual, California resident,
residing in the City of Inglewood, in the County of Los Angeles.
2. Defendant, ACE is a Pennsylvania corporation, lawfully doing business in California
with its registered California address at 818 West Seventh Street, 2nd Floor, Los Angeles,
California 90017.
3. Plaintiff is informed and believes and thereon alleges that Defendant, ACE, is and at all
times mentioned herein was a Pennsylvania corporation with its principal place of business at
436 Walnut Street, Philadelphia, Pennsylvania 19106.
4. The true names and capacities, whether individual, corporate, associate or otherwise, of
each of the Defendants designated herein as a DOE are unknown to Plaintiff at this time and
therefore said Defendants, and each of them are sued by such fictitious names. Plaintiff is
informed and believes and thereon alleges that each of the Defendants designated hereb as DOE
is legally responsible in some manner for events and incidents described and caused damages
thereby to the Plaintiff as hereinafter alleged,
5. Plaintiff is informed and believes and thereon alleges that each of the Defendants, at all
times herein mentioned, was acting as agents, servant, and/or employee of each of the other
Defendants, and each of them and within the scope of said agency and employment. Plaintiff is
further informed and believes and thereon alleges that at the time and place of the incidents '
described, each of the Defendants, their agents, servants and/or employees becomes liable to
Plaintiff for one or more of the reason described and thereby proximately caused Plaintiff to
sustain damages as described hereb.
6. Defendant, ACE contracted to insure Plaintiff for personal bjury under an Occupational
Accident Plan Policy,
7. The injury causbg bcident, to which Plaintiff sues upon, occurred b the City of Orange,
within the jurisdiction of the Superior Court of the County of Orange, Central District.

FIRST CAUSE OF ACTION
[Breach of Contract]
8. Plaintiff realleges and incorporates herein each of the allegations contained in paragraphs
1 through 7, inclusive of Plaintiffs Complaint herein.
9. Plaintiff is, and at all relevant times mentioned was, a licensed truck operator, employed
by Ceva Logistics. Plaintiff has been employed as an independent contractor by Ceva Logistics
since June 1996.
10. On or about June 26,2010, at approximately 7:30 a.m., Plaintiff arrived at a Target
Corporation retail store in the City of Orange to deliver a truckload of bottled water, which was
stacked in large pallets in the bed of Plaintiffs truck. Target Corporation provided Plaintiff with
an electric pallet jack to unload the pallets of bottled water. As Plaintiff was unloading a pallet
of bottled water with the electric pallet jack, the pallet jack malfunctioned and smashed
Plaintiffs right hand against the wall of the track trailer. Plaintiffs pinky finger was filleted
open and suffered massive tissue damage. Plaintiff was rushed to the hospital, where his right
pinky finger was amputated.
11. As a result of the incident, Plaintiff suffered serious bodily injury and damages,
including, permanent disfigurement, costs of medical treatments, pain and suffering, and loss of
income.
12. Plaintiff filed a claim with Defendant ACE for loss of earnings, coverage of medical
expenses, and loss of the finger in August 2010.
13. Plaintiff is informed and believes and thereon alleges, that said loss is covered under his
Occupational Accident Plan policy with Defendant ACE,
14. On or 'about July 26, 2013, Defendant ACE breached its insurance contract with Plaintiff,
wherein it denied Plaintiffs claim and refused to pay the loss in accordance with its insurance
contract.
15. Defendant ACE breached its insurance contract by unreasonably or without proper cause
denied Plaintiffs claim and failed to pay the policy benefits.
16. Defendant ACE breached its insurance contract with Plaintiff and failed to perform its
obligations under the contract, and pay Plaintiffs loss; a loss that was covered under his.
insurance contract with Defendant ACE.
17. Defendant ACE's breach of its contractual obligations directly and proximately caused
Plaintiff to suffer damages in the sum of $103,366.25.

SECOND CAUSE OF ACTION
[Breach Of Implied Obligation Of Good Faith And Fair Dealing]
18. Plaintiff realleges and incorporates herein each of the allegations contained in paragraphs
I through 7, and 9 through 17, inclusive of Plaintiff s Complaint herein,
19. Plaintiff further alleges that Defendant ACE breached its implied obligation of good faith
and fair dealing by failing to pay Plaintiff a loss covered under Plaintiffs Occupational Accident
Plan insurance contract with Defendant ACE.
20. Defendant's breach of the implied obligation of good faith and fair dealing, directly and
proximately caused Plaintiffs damages in the amount of Thirty Five Thousand Dollars
$103,366.25.

WHEREFORE, Plaintiff prays for judgment against Defendants, and each one of them,
as follows:

ON THE FIRST CAUSE OF ACTION;
1. For General Damages according to proof;
2. For Compensatory Damages according to proof;
3. For costs of suit incurred herein;
4. Attorneys' Fees;
5. For such other and farther damages or relief as the Court deems just and proper.

ON THE SECOND CAUSE OF ACTION:
1. For General Damages according to proof;
2. For Compensatory Damages according to proof;
3. For Exemplary and Punitive Damages;
4. For Mental Suffering/Anxiery/Humiliation/Emotional Distress according to proof;
5: For costs of smt incurred herein;
6. Attorneys' Fees;
7. For such other and further damages or relief as the Court deems just and proper.

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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