coleman v. ace american insurance company complaint

8/8/2019 COLEMAN v. ACE AMERICAN INSURANCE COMPANY Complaint

http://slidepdf.com/reader/full/coleman-v-ace-american-insurance-company-complaint 1/4

UNITED STATES DISTRICT COURTMIDDLE DISTRICT OF FLORIDA

FT. MYERS DIVISION

.

Donald Coleman,

Plaintiff,

vs.CASE NO.:

ACE American Insurance Company,

Defendant./

COMPLAINT AND DEMAND FOR JURY TRIAL

Plaintiff, DONALD COLEMAN, by and through the undersigned counsel, sues

Defendant, ACE AMERICAN INSURANCE COMPANY, and in support thereof states as

follows:

Jurisdiction

1. This is an action for breach of an insurance policy contract for the wrongful

denial of a claim made by Plaintiff after the sinking of a recreational marine vesseL.

2. This Court has jurisdiction over this action under 28 U.S.C. § 1332 because it

is between a citizen of the State of Florida and a citizen of different states or of foreign

countries, and the amount in controversy exceeds the sum of $75,000, exclusive of interest

and costs.

Parties and Venue

3. At all times material hereto, Plaintiff, Donald Coleman ("Coleman"), a

resident of Florida, maintained a residence in Bonita Springs, Lee County, Florida 34134.

Case 2:10-cv-00651-JES-DNF Document 1 Filed 10/20/10 of 4



4. Defendant, ACE American Insurance Company ("ACE"), is a foreign

corporation with its principal place of business in Philadelphia, Pennsylvania and engages in

substantial and not isolated business activity within the State of Florida through the sale of

insurance policies delivered to policyholders in Florida.

5. At all times material hereto, Coleman timely paid the premiums for the

Yachtsman/Windjammer/Boatsman Policy number YKR Y08456331 (the "Policy," a true

and correct copy of which is attached hereto as Exhibit "A"), a recreational marine

insurance policy issued by ACE, which became effective on or around April 9, 2010 and

covered Coleman's 2009 Fountain 38-foot Express Cruiser with Serial Number FGQ 8E 124

D8 09 (the "Vessel").

6. Venue is appropriate in this Court because the Policy was delivered to

Coleman at the address listed in paragraph 3, above.

Factual Summary

7. At all times material hereto, Coleman owned a leasehold interest in a slip at

Island Marina in Naples, Florida, where he kept the VesseL.

8. In or around March, 2009, Coleman hired a third-party vendor to install a

hydraulic swim platform on the stem of the Vessel to allow for compliant storage at his

marina slip and easier ingress and egress from the VesseL.

9. On or about April 9, 2010, Coleman and ACE entered into a valid and

enforceable contract when Coleman paid good and valuable consideration for the Policy,

pursuant to which ACE assumed liability for all risks that may befall the Vessel, except for

the exclusions named therein.

2




10. On or around April 21, 2010, the Vessel, which was unattended at the time,

foundered in its slip causing substantial property loss to the VesseL.

1 1. On or around April 21, 2010, after learning of the V esse!' s sinking, Coleman

filed Claim Number JY10J0174702 (the "Claim") with ACE.

12. On or around June 21, 2010, some 61 days after Coleman filed the Claim,

ACE issued a denial letter with respect to the Claim ("Denial Letter") in contravention of

Policy terms, which provide in pertinent part that ACE ". . . will pay for any covered loss

under this policy within thirty (30) days after both the detailed sworn proof-of-loss and proof

of your interest in the insured property are given to us." See Ex. A, p. 10. A true and correct

copy of the Denial Letter is attached hereto as Exhibit "B."

13. Following his receipt of the Denial Letter, Coleman hired the undersigned

counsel to determine the rights available under the Policy.

14. This action is timely under the Policy, see Ex. A, p.10, having been

commenced within one (1) year of the date ofloss or damage.

15. All conditions precedent to Plaintiffs right to bring this action have been

pedormed or occurred, including denial of the Claim submitted to ACE.

COUNT I - BREACH OF CONTRACT

16. Plaintiff re-incorporates and re-alleges paragraphs 1 through 15 as if fully

stated herein.

17. On or about June 21,2010, some 61 days after Coleman filed the Claim, ACE

issued a letter denying coverage for the Claim.

3




18. ACE failed to identify an applicable exclusion under the Policy to deny

coverage for the harm suffered by the Vessel on or around April 21, 2010.

19. The failure to pay for the loss within thirty (30) days of the Claim and/or to

identify the exclusion from coverage under the Policy constitutes a breach of the Policy on

the part of ACE.

20. As an actual and proximate cause of the breach of the Policy by ACE,

Coleman has suffered damages in the amount of recoverable policy benefits.

WHEREFORE, Coleman demands an award of actual damages resulting from the

breach of the Policy by ACE, attorney's fees pursuant to Sec. 627.428, Fla.Stat., costs and

such other reliefthat this Court deems just and proper.

DEMAND FOR JURY TRIAL

21. Coleman demands a trial by jury on all issues so triable.

Respectfully Submitted:

~l4~iRussell S. BuhiteFlorida Bar No: 0831085

FOWLER WHITE BOGGS P.A.

P.O. Box 1438

Tampa, FL 33601

(813) 228-7411Fax No: (813) 229-8313Email: [email protected] for Plaintiff

4


coleman v. ace american insurance company complaint

Documents