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

RACETRAC PETROLEUM v ACE - ACE Motion to Dismiss

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.

Embedded Scribd iPaper - Requires Javascript and Flash Player
Case 1:10-cv-02162-WSD Document 11
Filed 11/01/10 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION RACETRAC PETROLEUM, INC., A Georgia Corporation, Plaintiff, vs. ACE AMERICAN INSURANCE COMPANY, a Pennsylvania corporation, Defendant. ) ) ) CIVIL ACTION FILE ) NO. 1:10-cv-2162-WSD ) ) ) ) ) ) ) )
DEFE DA T ACE AMERICA I SURA CE COMPA Y'S MOTIO TO DISMISS COMPLAI T Defendant ACE American Insurance Company (hereinafter “ACE”), pursuant to Federal Rule of Civil Procedure 12(b)(6), respectfully moves this Court to dismiss the complaint for declaratory relief filed by plaintiff RaceTrac Petroleum, Inc. (hereinafter “RaceTrac”), because it fails to state a claim upon which relief can be granted. Plaintiff’s complaint against ACE does not set forth facts stating a claim for relief that is plausible on its face because the absolute pollution exclusions in the ACE excess liability insurance policies preclude coverage for the claims asserted against RaceTrac in the cases styled as Jacqueline Sheree Bunns, et al. v. Detsco, Inc., et al., Cause No. CV09-0057PT, and Lisa R. Williams v. Detsco, Inc., et al., Cause No. 09-0059PT, both pending in the Circuit
1
Case 1:10-cv-02162-WSD Document 11
Filed 11/01/10 Page 2 of 4
Court of Tishomingo County, Mississippi.
The absolute pollution exclusions
contained in the ACE excess liability insurance policies are valid and enforceable, and they do not violate the public policy of the state of Georgia. In support of this Motion, ACE is concurrently filing its brief in support of the motion to dismiss and attached exhibits. WHEREFORE, ACE American Insurance Company respectfully requests that this Court (1) grant this motion to dismiss; (2) dismiss plaintiff’s complaint; and (3) grant such other and further relief as is just and appropriate. Respectfully submitted this 1st day of November, 2010.
/s/ Wayne D. Taylor WAYNE D. TAYLOR Georgia State Bar No. 701275 RUTH M. PAWLAK Georgia Bar No. 045810 MOZLEY, FINLAYSON & LOGGINS LLP One Premier Plaza, Suite 900 5605 Glenridge Drive Atlanta, Georgia 30342 Tel: (404) 256-0700 Fax: (404) 250-9355 Attorneys for Defendant ACE American Insurance Company
2
Case 1:10-cv-02162-WSD Document 11
Filed 11/01/10 Page 3 of 4
CERTIFICATIO PURSUA T TO RULE 7.1 Counsel for defendant ACE American Insurance Company hereby certifies that this pleading has been prepared using Times New Roman 14 point, one of the font and point selections approved by the Court in L.R. 5.1C. Respectfully submitted this 1st day of November, 2010.
/s/ Ruth M. Pawlak WAYNE D. TAYLOR Georgia Bar No. 701275 RUTH M. PAWLAK Georgia Bar No. 045810 MOZLEY, FINLAYSON & LOGGINS, LLP One Premier Plaza, Suite 900 5605 Glenridge Drive Atlanta, Georgia 30342 Tel: (404) 256-0700 Fax: (404) 250-9355
3
Case 1:10-cv-02162-WSD Document 11
Filed 11/01/10 Page 4 of 4
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION RACETRAC PRETROLEUM, INC., A Georgia Corporation, Plaintiff, vs. ACE AMERICAN INSURANCE COMPANY, a Pennsylvania corporation, Defendant. ) ) ) ) ) ) ) ) ) ) ) )
CIVIL ACTION FILE NO. 1:10-cv-2162-WSD
CERTIFICATE OF SERVICE I hereby certify that I electronically filed the forgoing DEFE DA T ACE AMERICA I SURA CE COMPA Y'S MOTIO TO DISMISS
COMPLAI T using the Court’s CM/ECF System, which will automatically send a copy of same to the following counsel of record: Michael S. French, Esq. Ryan D. Watstein, Esq. WARGO & FRENCH LLP 1170 Peachtree Street N.E., Suite 2020 Atlanta, Georgia 30309 mfrench@wargofrench.com This 1st day of November, 2010. /s/ Ruth M. Pawlak RUTH M. PAWLAK Georgia Bar No. 045810 rpawlak@mfllaw.com
4

Published under a Creative Commons License By attribution, non-commercial
AttachmentSize
Racetrac Petroleum v ACE Motion to Dismiss by ACE.pdf95.08 KB

Like us on facebook!