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Northern District of Illinois complaint

Northern District of Illinois complaint

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Published by: ACELitigationWatch on Mar 10, 2014
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03/10/2014

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 GVC
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS – EASTERN DIVISION
THE HERTZ CORPORATION and, ) ACE AMERICAN INSURANCE COMPANY ) ) Plaintiffs, ) ) v. ) No. ) VANVA INC. d/b/a CUBS PARK SERVICE, ) JONATHAN HARRIS and EILEEN CARNAHAN, ) ) Defendants. ) )
COMPLAINT FOR DECLARATORY JUDGMENT
  NOW COMES the Plaintiffs, THE HERTZ CORPORATION (hereinafter “HERTZ”) and ACE AMERICAN INSRANCE COMPANY (hereinafter “ACE”), by their attorneys, PAPPAS DAVIDSON O’CONNOR & FILDES P.C., in accordance with 28 U.S.C. Section 2201 and Rule 57 of the Federal Code of Civil Procedure, as and for their complaint for declaratory judgment against the Defendants, VANVA INC. d/b/a CUBS PARK SERVICE (hereinafter “VANVA”), JONATHAN HARRIS and EILEEN CARNAHAN, allege as follows:
NATURE OF THE ACTION
 1. This is an action for declaratory judgment, brought pursuant to 28 U.S.C. Section 2201 and Rule 57 of the Federal Code of Civil Procedure, to determine a real and  justiciable controversy among the parties with respect to their rights and obligations under the agency agreement between HERTZ and VANVA (hereinafter “the Agency Agreement”) and the policy of insurance between ACE and VANVA for CARNAHAN’s claim of personal
Case: 1:14-cv-01525 Document #: 1 Filed: 03/04/14 Page 1 of 8 PageID #:1
 
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injuries and damages arising out of an automobile accident that occurred on January 6, 2012, near the intersection of Waveland and Halsted Streets in Chicago, Illinois ( hereinafter “the Claim”). HERTZ seeks an order declaring that VANVA is only entitled to liability coverage from HERTZ or HERTZ’ insurers under the Agency Agreement for the defense and indemnification of VANVA and HARRIS for the Claim in the amount of $100,000.00. ACE seeks an order declaring that VANVA is not entitled to a defense or indemnification under ACE policy OGL G22526004.
JURISDICTION AND VENUE
2. HERTZ is a corporation incorporated under the laws of Delaware with its  principal place of business in New Jersey. ACE is a corporation incorporated under the laws of Pennsylvania and its principal place of business is Pennsylvania. VANVA is a corporation incorporated under the laws of Illinois and its principal place of business is Illinois. HARRIS is a citizen of Illinois. CARNAHAN is a citizen of Illinois. The amount in controversy, without interest or costs, exceeds $75,000 or the sum or value specified in 28 U.S.C. Section 1332. 3. Venue is proper pursuant to 28 U.S.C. Section 1391 (b)(1) because all the defendants reside in Illinois and 28 U.S.C. Section 1391 (b)(2) because a substantial part of the events occurred in Illinois.
THE PARTIES
 4. HERTZ is a corporation incorporated in Delaware with its principal place of  business in New Jersey. 5. ACE is a corporation incorporated under the laws of Pennsylvania with its  principal place of business in Pennsylvania.
Case: 1:14-cv-01525 Document #: 1 Filed: 03/04/14 Page 2 of 8 PageID #:2
 
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6. VANVA is a corporation incorporated in Illinois with its principal place of  business in Illinois. 7. HARRIS is a citizen of Illinois and he is named as a required party pursuant to Rule 19 (a)(1)(A) of the Federal Code of Civil Procedure. 8. CARNAHAN is a citizen of Illinois and she is named as a required party  pursuant to Rule 19 (a)(1)(A) of the Federal Code of Civil Procedure.
BACKGROUND FACTS
9. On or about September 13, 2010, VANVA and HERTZ entered into the Agency Agreement. (See, Agency Agreement between VANVA and HERTZ attached as Ex. A). 10. Pursuant to section 2.1(c) of the Agency Agreement, Hertz agreed to furnish on  behalf of VANVA in connection with VANVA or VANVA’s employee’s necessary operation of any vehicle within the scope of the Agency Agreement protection against automobile liability. Such liability protection will be provided against liability to third parties and such  protection will have limits for bodily injury or death up to $100,000 for each person and $300,000 for each accident, and $25,000 for property damage including HERTZ’ responsibility as vehicle owner. (Ex. A at section 2.1(c)). 11. Pursuant to section 7.1 of the Agency Agreement, VANVA, at its expense will maintain Comprehensive General Liability Insurance (“CGL policy”), including contractual,  personal injury, completed operations and Fire Liability Insurance which covers VANVA’s location and VANVA’s operations but only as respects VANVA’s activities involving rental of Hertz vehicles. Said insurance will be primary and not excess, with combined limits of $1,000,000. (Ex. A at section 7.1).
Case: 1:14-cv-01525 Document #: 1 Filed: 03/04/14 Page 3 of 8 PageID #:3

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