Free Case Transferred In - District Transfer - District Court of Delaware - Delaware

Case 1:05-cv-00868-SLR

Document 7-2

Filed 12/15/2005

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA JAIME JALIFE Plaintiff, vs. ACE CAPITAL AND OTHERS ) UNDERWRITING AT LLOYD'S ) SEVERALLY SUBSCRIBING TO) POLICY NO. A5BGLY170, ) Defendants .

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COMPLAINT FOR DECALRATORY RELIEF Comes Now, the Plaintiff, Jaime Jalife (hereinafter "Jalife or Plaintiff'), l id ·· through undersigned counsel and in accordance with the Federal Rules of Civi l Procedure, and Files this Complaint against Defendants, Ace Capital and Others Underwriting at Lloyd's Severally Subscribing to Policy No . A5BGLY 170 (hereinafter "Underwriters") . VENUE AND JURISDICTION 1 . This is a Declaratory Action brought under 28 U.S .C. § 2201 , et, seq . 2. This is also an action brought in Admiralty under 28 U.S .C. § 1333 . 3 . This case involves a dispute over the scope of insur ance coverage available to Jalife under a policy issued by Underwriters . 4. Venue is proper in the Southern District of Flo ri da because : a. the Underwriters agreed to submit to any Court of competent jurisdiction within the United States of Ame rica: b. the Vessel' s ultimate destination and new home port was to be Miami ;

Case 1:05-cv-00868-SLR

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Filed 12/15/2005

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c. Plaintiff and Defendant do business within the Southern District of Florida; d. the pert inent insurance brokers have a principal office within the Southern Distri ct of Florida ; e. the Southern District of Florida is best suited for the convenience of the parties and witnesses and will promote the just and efficient conduct of this action . COUNT I - DECLARATORY RELIEF 5. Plaintiff incorporates Paragraphs 1-4 of the Complaint as if fully set forth herein . 6 . On May 24, 2005 Underwriters renewed, modified and wrote an insurance binder for the Vessel, Mamma Mia, a 2001 85' Fiberglass Azimut Motor Yacht 1500 h .p. MTU Diesel Engines M .D.S. 28 Knots . 7 . This insurance contract, written by the Underwriters, contained a provision (hereinafter the "Navigational Provision") setting forth the navigational limits of the Vessel . 8 . The Navigational Provision included all of the Caribbean Sea . 9. At the time, the Vessel was moored at Cancun, Mexico and was covered under the policy as it was within the navigational limits as set forth by the Navigational Provision of the Policy . 10. This Policy contained a provision that any cancellation of coverage by the Underwriters would take effect not less that ten days after notice was served . 11 . On May 31, 2005 while the Vessel was within the navigational limits as provided by the Navigational Provision of the May 24, 2005 policy, Underwriters wrote to cancel coverage of the Vessel South of the Tropic of Cancer from June 1 to October 31 inclusive.

Case 1:05-cv-00868-SLR

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Filed 12/15/2005

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12. Insured received notice on June 1, 2005 . 13 . Under the ten-day notice and effect provision written by the Underwriters, this cancellation of coverage would not take effect until at least June 9, 2005, when the new policy and new navigational limits would take full effect . 14 . In an event to comply with the new policy, the new navigational limits and the cancellation of coverage issued by the Underwriters by June 9, 2005, Plaintiff ordered the Vessel back to its home port to obtain necessaries for a voyage to Miami and New York, locations which are both North of the Tropic of Cancer and comply with the new navigational limits taking effect June 9, 2005 . 15 . While returning to Jalife's home port in Puerto Aventuras, Mexico to obtain necessaries for the voyage the Vessel ran aground and became a total loss . 16. Jalife now seeks, pursuant to 28 U .S .C . a declaration of coverage by the Court under the policy for the loss, for interest and for attorney fees . COUNT II - Breach of Insurance Contract 17. Jalife incorporates Paragraphs 1-9 of this Complaint as if fully set forth herein. 18 . Jalife and Underwriters entered into an insurance contract . 19. Underwriters breached this contract by failing to pay for a covered loss under the Policy. 20. Jalife has damages as a result of this breach . WHEREFORE, Plaintiff Jalife respectfully requests this Court issue a Declaratory Judgment of Jalife's rights to reimbursement under the Policy and requests judgment against Defendants for his losses, costs, interest, attorneys' fees based on contractual, statutory and equitable principles of law including but not limited to Fla . Stat . § 627.428 .

Case 1:05-cv-00868-SLR

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Filed 12/15/2005

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Dated : July I S , 2005 . Respectfully submitted , Moore & Co., P.A. Counsel for Plaintiff 355 Alhambra Circle Suite 1100 Coral Gables , Flori da 33134 Telephone : (786) 221-0600 Facsimile : (786) 221-0601

Case 1:05-cv-00868-SLR
®JS44 (Rev . 11 /04)

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CIVIL COVER SHEET
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The JS 44 civil cover sheet and the information contained he re in neither replace nor supplement the filing and service ofpleadings as reGG by local rules of cou rt. This form, approved by the Judicial Conference of the United States in September 1974, is requi re d for ofta t erillZo the the civil docket sheet . (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM .) 1. (a) PLAINTIFF S

DEFENDANT S

JAIME- JALI F E

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(b) Coun ty of Residence of Fi rst Listed Plaintiff N A (EXCEPT IN U .S. PLAINTIFF CASES ) (C) Attorney ' s (Firm Name, Address, and Telephone Number)

County of Residence of Fi rst Listed Defendant /U /A
(IN U .S . PLAINTIFF CASES ONL Y NOTE : IN LAND C O TRACT OF LAND IN Atto rneys ( If Known )

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(d) Check Coun ty Whe re Action A ro se : 'DARE 0 MONROE 0 BROWARD 0 PALM BEACH 0 MARTIN 0 ST . LUCIE 0 INDIAN RI

II . BASIS OF JURISDICTION (Place an "X" in One Box Only)
01 U .S . Govern ment I3 Federal Question Plaintiff ( U .S . Gove rnment Not a Pa rty )

III . CITIZENSHIP OF PRINCIPAL PART in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant ) PTF DEF PTF DEF Citizen of This State 0 1 0 I Incorporated or Principal Place 0 4 04 of Business In This Stat e Citizen of Another State 0 2 0 2 Incorporated and Principal Place 0 5 of Business In Another State Foreign Nation 5

O 2 U .S . Government Defendant

04 Diversity (Indicate Citizenship of Parties in Item III)

Citizen or Subject of a Foreign Country

J'3 0

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C O 6 O 6 ~r STATUTES

IV. NATURE OF SUIT ( Place an °X" in One Box Only)
CONTRACT 110 Insuranc e 0 120 Marine 0 130 Miller Ac t 0 140 Negotiable Instrument Cl 150 Recove ry of Overpayment & Enforcement of Judgment O 151 Medicare Ac t 0 152 Recove ry of Defaulted Student Loan s (Excl. Veterans) 0 153 Recovery of Overpayment of Vet eran' s Benefits O 160 Stockholders ' Suits O 190 Other Contrac t 0 195 Con tract Product Liabili ty O 196 Franchise REAL PROPERT Y O 210 Land Condemnation 0 220 Foreclosure O 230 Rent Lease & Ejectment O 240 Torts to Land 0 245 Tort Product Liability O 290 All Other Real Property TORTS PERSONAL INJURY 0 310 Airplane 0 315 Airplane Product Liability 0 320 Assault, Libel & Slander 0 330 Federal Employers' Liability 0 340 Marine 0 345 Marine Product Liability O 350 Motor Vehicle O 355 Motor Vehicl e Product Liability 0 360 Other Personal Injury CIVIL RIGHTS 0 441 Votin g O 442 Employment O 443 Housing/ Accommodations 0 444 Welfar e O 445 Amer . w/Disabilities Employment O 446 Amer. w/Disabilities Othe r 0 440 Other Civil Rights PERSONAL INJURY 0 362 Personal Injury Med . Malpractice 0 365 Personal Injury Product Liability 0 368 Asbestos Pe rsonal Injury Product Liability PERSONAL PROPERTY O 370 Other Fraud 0 371 Truth in Lending O 380 Other Personal Property Damage 0 385 Property Damage Product Liability PRISONER PETITIONS O 510 Motions to Vacate Sentence Habeas Corpus: 0 530 Genera l 0 535 Death Penalty 0 540 Mandamus & Other 0 550 Civil Right s 0 555 Prison Condition FORFEITURE/PENALT Y 0 610 Agriculture 0 620 Other Food & Drug 0 625 Drug Related Seizure of Property 21 USC 881 0 630 Liquor Laws O 640 R .R. & Truck 0 650 Airline Regs . 0 660 Occupational Safety/Health 0 690 Other LABO R 0 710 Fair Labor Standards Act 0 720 Labor/Mgmt . Relations 0 730 Labor/Mgmt .Report ing & Disclosure Ac t 0 740 Railway Labor Ac t 0 790 Other Labor Litigation O 791 Empl. Ret . Inc . Security Act

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PROPERTY RIGHTS 0 820 Copyrights 0 830 Paten t

0 840 Trademark

SOCIAL SECURITY Cl 861 HIA ( 139511) 0 862 Black Lung (923 ) O 863 DIWC /DIWW (405(g)) 0 864 SSID Title XVI 0 865 RSIC405(g)) _ FEDERAL TAX SUITS 0 870 Taxes (U .S. Plaintiff or Defendant) 0 871 IRS-Third Party 26 USC 7609

-400 Seep e $J0 An t king O '430 450 Coirc e Qp*) Deportation Racl41jr Infl'penced and orru$~~~rlii!cgenikations $ ~ Consbp Credit 'tab l Selective Service Securities/Commodities/ Exchange 0 875 Customer Challenge 12 USC 341 0 890 Other Statuto ry Actions 89 Agricultural Acts 89 Economic Stabilization Act 89 Enviro nmental Matters 894 Energy Allocation Act 89 Freedom of Information Act 0 900Appeal of Fee Determinatio n Under Equal Access to Justic e 0 950 Constitutionality of State Statutes

V . ORIGIN
OI
Original Proceedin

(Place an "X" in One Box Only )

0 2 Removed from 0 3 State Court

Transferred from Remanded from 0 4 Reinstated or 0 5 another district Appellate Court Reopened (specify)

W .L 6 Multidistrict tiaation

0 7

Appeal to utstrtct Judge from Magistrate Judgment

(Cite the U .S . Civil Statute under which you are filing and Write a Brief Statement of Cause (Do not cite jurisdictional statutes unless dive rs i ty) :

VI. CAUSE OF ACTION
LENGTH OF TRIAL via _days estimated (for both sides to t ry entire case )

VII . REQUESTED IN COMPLAINT : VIII. RELATED CASE(S) IF ANY

0 CHECK IF THIS IS A CLASS ACTION UNDER F .R .C .P . 2 3
(See instructions) :

DEMAND S

CHECK YES only if demanded in complaint: JURY DEMAND: 0 Yes 0 N o

DOCKET NUMBE R

RECEIPT 4

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