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1 COMPLAINT FOR DECLARATORY RELIEF CASE NO.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RAMIRO MORALES, # 167947 CHRISTINE M. FIERRO, #191660 MORALES FIERRO & REEVES 2300 Contra Costa Blvd., Suite 310 Pleasant Hill, CA 94523 Telephone: (925) 288-1776 Facsimile: (925) 288-1856 Attorneys for Plaintiff TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, Plaintiff, vs. RANEY GEOTECHNICAL, INC. and ACE AMERICAN INSURANCE COMPANY Defendants. ) ) ) ) ) ) ) ) ) ) ) ) CASE NO.: COMPLAINT FOR DECLARATORY RELIEF Travelers Property Casualty Company of America (“Travelers”) for its complaint alleges as follows: 1. At all times herein, Travelers was and is a corporation organized and existing under and by virtue of the laws of the State of Connecticut, and is duly licensed, authorized, and engaged in the business of writing insurance in the State of California. Travelers’ principal place of  business is the State of Connecticut. 2. On information and belief, Travelers alleges that Defendant Raney Geotechnical, Inc. (“Raney”), is a corporation organized and existing under and by virtue of the laws of the State of California and has its principal place of business in California. 3. On information and belief, Travelers alleges that Defendant Ace American
Case 2:11-cv-02011-LKK -GGH Document 1 Filed 07/29/11 Page 1 of 8
 
 
2 COMPLAINT FOR DECLARATORY RELIEF CASE NO.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Insurance Company (“Ace”), is a corporation organized and existing under and by virtue of the laws of the State of Pennsylvania and has its principal place of business in Pennsylvania. Travelers is also informed and believes and thereon alleges that Ace was at all relevant times either admitted to do business as an insurer in the State of California or authorized to sell insurance in the State of California through a licensed surplus lines broker or other permissible means. Raney and Ace will hereinafter be referred to as “Defendants.”
JURISDICTION AND VENUE
 4. This Court has original jurisdiction under 28 U.S.C. section 1332 in that this is a matter in which Plaintiff and Defendants are citizens of different states and in which the amount in controversy exceeds, exclusive of costs and interest, seventy-five thousand dollars ($75,000). 5. Venue is proper in the United States District Court for the Eastern District of California in that all of the defendants are subject to personal jurisdiction in this district at the time the action is commenced and there is no district in which the action may otherwise be brought. The subject matter of this action arose in this district; specifically, the underlying dispute is embodied in an action entitled
Corona v. S.D. Deacon General Contractor, et al.
, Sacramento County Superior Court Case No. 34-2009-00067147. Further, the subject matter of the underlying dispute between the parties involves a job-site accident which occurred in this jurisdiction.
GENERAL ALLEGATIONS
 6. Travelers issued to Raney a primary policy of commercial general liability insurance, numbered IE680-4796L294, effective January 1, 2009 through January 1, 2010 (the “Primary Policy”). (Attached hereto as Exhibit A is the following forms and endorsements of the Primary Policy: Declarations; Coverage Form CG 0001; and Endorsement Exclusion – Engineers, Architects or Surveyors Professional Liability form CG D3 80 09 07.) 7. The Primary Policy includes exclusions to coverage, including the following Endorsement Exclusion – Engineers, Architects or Surveyors Professional Liability form CG D3 80 09 07: The following is added to Paragraph 2 Exclusions of Coverage A Bodily Injury and Property Damage Liability in Coverages (Section I):
Case 2:11-cv-02011-LKK -GGH Document 1 Filed 07/29/11 Page 2 of 8
 
 
3 COMPLAINT FOR DECLARATORY RELIEF CASE NO.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Professional Services “Bodily Injury” . . .arising out of the rendering or failure to render “professional services.” . . . 3. The following is added to Definitions . . . “Professional services” means any service requiring specialized skill or training including the following: a. Preparation, approval, provision of or failure to prepare, approve, or provide any map, shop drawing, opinion, report, survey, field order, change order, design, drawing, specification, recommendation, warning, permit application, payment request, manual or instruction  b. Supervision, inspection, quality control, architectural, engineering or surveying activity or service, job site safety, construction contacting, construction administration, construction management, computer consulting or design, software development or programming service, or selection of a contractor or subcontractor; or c. Monitoring, testing, or sampling service necessary to perform any of the services included in a. or b. above. . . . 8. Travelers issued to Raney an excess policy of commercial general liability insurance, numbered XSF-CUP-716Y663-TIL-09, effective January 1, 2009 through January 1, 2010 (the “Excess Policy”). (Attached hereto as Exhibit B is the following forms and endorsements of the Excess Policy: Declarations; Coverage Form UM 0001 11 03; and Endorsement Exclusion – Engineers, Architects or Surveyors Professional Liability form UM 04 49 09 07.) 9. The Excess Policy includes exclusions to coverage, including the following Endorsement Exclusion – Engineers, Architects or Surveyors Professional Liability form UM 04 49 09 07: The following is added to Paragraph 3 Exclusions of Coverage A Bodily Injury and Property Damage Liability . . . in Coverages (Section I): Professional Services “Bodily Injury” . . .arising out of the rendering or failure to render “professional services.” . . .
Case 2:11-cv-02011-LKK -GGH Document 1 Filed 07/29/11 Page 3 of 8

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