Professional Documents
Culture Documents
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This is an insurance coverage dispute involving damage to a condominium.
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Defendant ACE USA Specialty Claims (“ACE”) breached its insurance contracts with
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Plaintiff, unreasonably failed to respond to, investigate, or pay Plaintiff’s claim, and
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21 damaged Plaintiff in an amount to be proven at trial – but currently believed to exceed, after
26 profit corporation organized and existing under the laws of the State of Washington. The
23 Arm Statute, RCW 4.28.185, in that ACE transacts business within Washington.
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1 10. Venue is proper in this judicial district under 28 U.S.C § 1391(c) because
2 ACE is subject to personal jurisdiction in this judicial district at the time of commencement
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of this action, and is therefore a resident of this judicial district.
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II. THE ACE POLICIES
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11. ACE, through its predecessors Bankers Standard Insurance Company and
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CIGNA Fire Underwriters Insurance Company, issued several policies of property insurance
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8 to the Association under Policy Number D17885315 (“the ACE Policies”). The ACE
9 Policies were in force for consecutive annual policy periods from May 18, 1990 through
16 ACE Policies, in that the damage resulted from an “accident, including continuous or
17 repeated exposure to the same event,” that caused some damage during the ACE Policies’
18 policy periods.
19 14. The ACE Policies cover all damage resulting from that occurrence, regardless
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of whether part of the damage occurred outside the ACE Policies’ policy periods.
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15. In November 2005, the Association informed ACE by letter of the damage to
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the Windsong Condominium. The Association requested that ACE conduct a thorough
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24 investigation of the damage, and provide all coverage afforded by the ACE Policies.
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1 17. ACE failed to promptly and thoroughly investigate the Association’s claim.
8 providing notice of the bases for that cause of action. The Association also sent a copy of its
16 reference.
17 23. An actual controversy exists between the Association and ACE as to the
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1 27. ACE breached that duty, proximately causing damage to the Association in
9 30. ACE’s violation of the Washington’s Consumer Protection Act has damaged
10 the Association in an amount to be proven at trial.
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31. By unreasonably denying the Association’s claim, and by violating the WAC
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sections listed above, ACE violated RCW 48.30.015, damaging the Association in an
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amount to be proven at trial.
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15 32. ACE owed the Association a duty in tort to act reasonably and in good faith
16 in investigating and responding to the Association’s claim. ACE breached those duties,
24 3. An award of attorney’s fees and other costs incurred by the Association and
25 recoverable under applicable statute or common law, including but not limited to
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1 RCW 48.30.015, RCW 19.86.090, and Olympic Steamship Co., Inc. v. Centennial Ins. Co.,
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Plaintiff hereby demands a trial by jury in accordance with Rule 38 of the Federal
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Rules of Civil Procedure.
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DATED this 1st day of February 2008.
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By:
15 Todd C. Hayes, WSBA No. 26361
Gregory L. Harper, WSBA No. 27311
16 Michael J. Crisera, WSBA No. 30353
17 Attorneys for Plaintiff
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The JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, provided by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of the Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)
(c) Attorneys (Firm Name, Address, And Telephone Number) Attorneys (If Known)
(Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity)
V. CAUSE OF ACTION Brief description of cause:
Breach of Insurance Contract – Bad Faith
CHECK IF THIS IS A CLASS ACTION CHECK YES only if demanded in complaint
VII. REQUESTED IN COMPLAINT UNDER FRCP 23
DEMAND $
JURY DEMAND: Yes No
Attached are the requisite documents for filing a new civil lawsuit in Federal Court:
Civil Cover Sheet;
Praecipe (to issue Summons);
Summons [40 days] – ACE USA Specialty Claims; and
Complaint for Declaratory Relief & Damages
The filing fee of $350 is on its way via messenger; you should have it by 2 pm today.
Victoria Heindel
Litigation Manager
HARPER | HAYES pllc
One Union Square
600 University Street, Suite 2420
Seattle, Washington 98101
Tel: 206.340.8832
Fax: 206.260.2852
www.harperhayes.com
This electronic message transmission contains information which may be confidential or privileged. The
information is intended to be for the use of the individual or entity named above. If you are not the intended
recipient, please be aware that any disclosure, copying, distribution or use of the contents of this information is
prohibited. If you have received this electronic transmission in error, please notify us by telephone at (206)
340-8010 or by electronic mail at vheindel@harperhayes.com immediately.
Case 2:08-cv-00162-RSM Document 1-3 Filed 02/01/2008 Page 2 of 2