Lawd-1 - 2019-cv-01173-00014 Response by USIC PDF
Lawd-1 - 2019-cv-01173-00014 Response by USIC PDF
Lawd-1 - 2019-cv-01173-00014 Response by USIC PDF
in response to the First Amended and Re-Stated Complaint to Recover Funds Due Under
avers as follows:
DEFENSES
FIRST DEFENSE
The allegations in the Complaint fail to state a claim against USIC upon which
SECOND DEFENSE
Complaint to permit a full response thereto, and USIC accordingly reserves its right to
1
Plaintiff filed a re-stated complaint in response to the Court’s Sua Sponte Jurisdictional Briefing Order.
In the event the Court finds that USIC was to have answered the original complaint (Rec. Doc. 1), USIC
adopts its defenses and responses as set forth herein and denies any remaining allegations.
Case 1:19-cv-01173-DDD-JPM Document 14 Filed 11/22/19 Page 2 of 7 PageID #: 46
raise any and all defenses under the USIC policy at issue (the “Policy”) or applicable law
until the precise nature of the claims are ascertained through discovery or through
amendments to pleadings.
THIRD DEFENSE
The claims asserted in the Complaint are barred because the claim for defense
arising out the charge for multiple criminal offenses (“Underlying Litigation”) does meet
FOURTH DEFENSE
The claims asserted in the Complaint are barred because USIC has no obligation
any criminal charge or criminal proceeding against the insured such as the Underlying
Litigation.
FIFTH DEFENSE
The claims asserted in the Complaint are barred under the Policy because the
requirements of the Defense Payments and Expense provision of the Policy have not been
SIXTH DEFENSE
The claims asserted in the Complaint are barred, either in whole or in part, by the
SEVENTH DEFENSE
The claims asserted in the Complaint are barred, either in whole or in part, to the
extent that the act(s) or omission(s) which gave rise to the claims alleged in the
EIGHTH DEFENSE
The claims asserted in the Complaint are barred, either in whole or in part, to the
NINTH DEFENSE
The claims asserted in the Complaint are barred, either in whole or in part, to the
TENTH DEFENSE
defenses to the claims which have been asserted or will be asserted by any other
Defendant in this action to the extent that such defenses are not inconsistent with the
foregoing defenses asserted by USIC. USIC further reserves the right to raise any
And now, for answer to the enumerated allegations of the Complaint, USIC
responds as follows:
1. USIC denies the allegations in Paragraphs 1-2 of the Complaint for lack of
information sufficient to justify a belief therein and/or because those allegations contain
2. To the extent they are directed at USIC, USIC denies the allegations in
Paragraph 3 of the Complaint except to admit that USIC, a surplus lines insurance
a surplus lines broker. To the extent the allegations in Paragraph 3 of the Petition are
directed at other defendants, USIC denies those allegations for lack of information
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4. To the extent they are directed at USIC, USIC denies the allegations in
Paragraph 5 of the Complaint except to admit that USIC is a foreign insurer approved to
issue policies in Louisiana through a surplus lines broker, is incorporated in the state of
Delaware with its principal place of business in Texas, and can be served through the
Louisiana Secretary of State. To the extent the allegations in Paragraph 5 of the Petition
are directed at other defendant, USIC denies those allegations for lack of information
6-10 of the Complaint except to admit that USIC entered into a negotiated insurance
contract with Delta Defense Inc. subject to, and in accordance with, the terms, conditions,
limitations and exclusions of the Policy. The Policy is the best evidence of its contents.
USIC denies that the Policy provides coverage for defense of the Underlying Litigation.
To the extent directed at any other defendant, USIC denies the allegations in Paragraphs
6-10 of the Complaint for lack of information sufficient to justify a belief therein and/or
because those allegations contain conclusions of law that require no answer from USIC.
any written document, USIC states that those written documents are the best evidence of
their contents. To the extent the remaining allegations in Paragraphs 11-12 constitute
necessary, USIC denies these legal conclusions. Any remaining factual allegations are
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denied for lack of sufficient information to justify a belief as to the matters asserted
therein except to admit that Kayla J. Giles used a weapon and was arrested and charged
admit that USIC advanced $50,000 to Plaintiff. To the extent this Paragraph references
the Policy, the Policy is the best evidence of its contents. USIC denies that the Policy
answer from USIC. To the extent an answer is deemed required, USIC denies the
allegations.
12. USIC denies the allegations in Paragraphs 18-21 of the Complaint except
to admit that USIC entered into a negotiated insurance contract with Delta Defense Inc.
subject to, and in accordance with, the terms, conditions, limitations and exclusions of the
Policy. The Policy is the best evidence of its contents. USIC denies that the Policy
13. Paragraph 22 and the final paragraph of the Complaint contain requests for
relief to which no response is required. However, to the extent that a response may be
deemed to be required, USIC denies that Plaintiff is entitled to any of the relief requested.
or unnumbered paragraphs, USIC denies the allegations and asserts and re-avers all of its
answers, responses, exceptions, and defenses set forth in its answers to the Complaint, as
WHEREFORE, USIC denies that Plaintiff is entitled to any of the relief that has
1. That the Complaint filed herein by the Plaintiff be dismissed her cost and
2. For such other equitable and legal relief as the Court may deem just and
proper.
Respectfully submitted,
CERTIFICATE OF SERVICE
I hereby certify that on 22 November 2019 a copy of the foregoing was filed
electronically with the Clerk of Court using the CM/ECF system. Notice of this filing
will be sent to all counsel by operation of the court’s electronic filing system.