ACE AMERICAN INSURANCE COMPANY v. LACARUBBA Et Al Yachtsman Policy
ACE AMERICAN INSURANCE COMPANY v. LACARUBBA Et Al Yachtsman Policy
ACE AMERICAN INSURANCE COMPANY v. LACARUBBA Et Al Yachtsman Policy
Yachtsman INAMAR®
Recreational Marine Insurance
Policy One of the ACE Group of Companies
NEW
Policy Number: YKR Y08326836
Agency Code, Name & Address
409027
BROWN & BROWN INC. OF FT LAUDERDALE
5900 N. ANDREWS AVENUE SUITE 300
FORT LAUDERDALE, FL 33309
Elaine LaCarubba
COVERAGE PROVIDED—
AMOUNT DEDUCTIBLE
PARTS COVERAGES OF INSURANCE AMOUNT PREMIUM
A Property Damage 295, 000 11, 500 5, 300
Windstorm Deductible
23, 000 0
Commercial Towing & Assistance
1, 500 0 0
B Liability Coverage 500, 000 0 310
C Medical Payments 5, 000 0 0
D Uninsured Boater 500, 000 0 0
E L&HCA
F
Statutory Limits (included in"B" if any)
Trailer
G
10, 000 250 100
Personal Property 5, 000 250 50
Premium Bearing Endt(s): See Attached Endorsements
Florida Hurricane Catastrophe Fund 0
(FHCF) Assessment S 58
TOTAL PREMIUM 5, 818
LIMITS ON USE: See Navigation Warranty MA- 5Y38
ENDORSEMENTS: ALL20887 ALL21101 CC-1E15 MA-14558a M,A-1X09e MA-3Z58
MA-3Z59a MA-5Y38
Jacksonville, FL 32203
Countersigned at
this day of EXHIBIT
MA-7N39i (06/05)
INSURED COPY,9/1412007
II Agent
Case 1:09-cv-61348-JIC Document 1 Entered on FLSD Docket 08/27/2009 Page 8 of 50
8/31/2007
ACE AMERICAN /NSURANCE COMPANY
Authorized Agent
Page 1 of I
Case 1:09-cv-61348-JIC Document 1 Entered on FLSD Docket 08/27/2009 Page 9 of 50
The ACE INA group of companies strongly believes in maintaining the privacy of information we collect about individuals. We
want you to understand how and
why we use and disclose the collected infonnation. The following provides details of our practices
and procedures for protecting the
security of nonpublic personal information that we have collected about individuals. This privacy
statement applies to policies underwritten
by the ACE INA group member companies listed below.
INFORMATION WE COLLECT
INFORMATION WE DISCLOSE
Keeping information accurate and up to date is important to us. Individuals may and correct their
collect except for infonnation relating to a claim or a criminal or
see
personal infonnation that we
civil proceeding.
Rec, Marine
Case 1:09-cv-61348-JIC Document 1 Entered on FLSD Docket 08/27/2009 Page 10 of 50
CONTACTING US
Signatures
The only signatures applicable to this policy are those representing the company named on the first page of the
declarations.
By signing and delivering the policy to you, we state that it is a valid contract when countersigned by our authorized
representative.
MA-1X09e (05/05)
Case 1:09-cv-61348-JIC Document 1 Entered on FLSD Docket 08/27/2009 Page 12 of 50
Named Insured
Elaine LaCarubba Endorsement Numb er
Vessel 1
Policy Symb ol Policy Number Policy Period Effective Date ofEndorsement
YKR Y08326836 8/31/2007 TO 8/31/2008 8131/2007 I
insert tne
policy ntanser. lee remainder ot the Information is to be completed only when this endorsement is issued subsequent to the preparation of the
Authorized Agent
Named Insured
Elaine LaCarubba Endorsement Number
Vessel 1
Policy Symbol Policy Number Policy Period Effective Date of Endorsement
YKR Y08326836 8/31/2007 TO 8/31/2008 8/31/2007
Issued By (Name of Insurance Company)
THEFT DEDUCTIBLE
In the event
of a theft of your insured vessel and/or
any of its equipment, the
amount of
insurance provided under Part A: Property Damage Coverage shall be
reduced by 10% or subject to a minimum deductible of $29,
500, whichever is
greater. This deductible will be the only deductible
applied if there is a theft
to your vessel and/or equipment, and will be applied even in the event of a Total
or Constructive Total Loss.
Authorized Agent
Named Insured
Elaine LaCarubba Endorsemen
Vessel
Policy Symbol Policy Number Policy Period Effective Date of Endorse
YKR Y08326836 8/31/2007
Issued By (Name of Insurance
TO 8/31/2008 8/31/2007
Company)
ACE AMERICAN INSURANCE COMPANY
Insert the policy ntanber. The remainder of the infonnation is to be completed only when this endorsement is issued subsequent to thc preparation ofthe policy
The most we will pay for any dinghy/tender and/or propulsion unit is their actual cash value, which is defined as replacement cost
less depreciation.
Authorized Agent
Named Insured
Elaine LaCarubba Endorsement Numb er
Insert the policy number. Thc remainder of the information is to be completed only whcn this endorsement issued
is subsequent to thc preparation of the policy.
Authorized Agent
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Cise 1:09-cv-61 -48-JIC Document 1 Entered on FLSD Docket 08/27/2009 Page 1-7 of 501
QUICK REFERENCE
DECLARATIONS PAGE
Your Name and Address PART E:
1 FEDERAL LONGSHOREMEN'S AND
Your Insured
Property 1 HARBOR WORKERS'
Policy Period
1
Coverages COMPENSATION INSURANCE 6
1
Amounts of Insurance
1 PART F:
Deductible
1 VESSEL TRAILER COVERAGE
Lay-Up Warranty 1 Perils Insured
Limits on Use Against 6
1 Exclusions
Loss Payee 7
1 Deductible Amount
7
Loss Settlement
AGREEMENT AND DEFINITIONS 7
Agreement 3
Definitions PART G:
3 PERSONAL PROPERTY COVERAGE
PART A: Property Covered 7
PROPERTY DAMAGE COVERAGE Exclusions
7
Perils Insured
Against Mysterious Disappearance and/or Theft7
3 Causes of Loss Which
Overland Transport are Covered 7
3 Deductible
Exclusions 7
4 Loss Settlement
Equipment on Shore 4 7
Deductible Amount
4 GENERAL CONDITIONS AND EXCLUSIONS
Loss Settlement
4
Property Subject to Depreciation Policy Period 8
4 Extension of Coverage
Salvage Charges 4 8
Commercial Towing and Assistance Broadening Coverage 8
5
Policy Premium and Renewal 8
PART B: Changes in Policy 8
LIABILITY COVERAGE Conformity To State Law 8
Perils Insured Against Cancelling the Policy 8
5 Return Premiums
Exclusions 8
5
Limits of Liability Operating Other Vessel 8
5 Use of Vessel
9
PART C: Transfer of Interest
9
MEDICAL PAYMENTS COVERAGE Concealment, Misrepresentation or Fraud9
Perils Insured Against Dishonest, Illegal or Intentional Acts 9
5 No Benefits to Others
Exclusions 9
5 War, Confiscation
Loss Settlement and Contamination 9
5
Medical Payments Proof-of-Loss
6 GENERAL PROVISIONS IN
Additional Requirements
6 THE EVENT OF LOSS
Admission of Liability
6 Protection Against Loss
9
PART D: Abandonment 9
UNINSURED BOATER COVERAGE Notice of Loss
9
Perils Insured Against Proof-of-Loss 9
6 Claim of Suit Against You
Exclusions 10
6 Assistance and Cooperation..
Loss Settlement. 10
6
Payment of Loss 10
OurRight to Recover 10
Salvage 10
Suit Against Us
10
Other Insurance
10
--"ose 218-JIC Document 1 Entered on FLSD Docket 08/27/2009 Page ft'Orar
DECLARATIONS PAGE
(Attach Here)
MA-14558 (12/03)
Page 1 of 12
Ll •JJL 3“).
Case 1:09-cv-61348-JIC Document 1 Entered on FLSD Docket 08/27/2009 Page r9" oT5t1'
MA-14558 (12/03) 2 of 12
Page
Case Document 1 Entered on FLSD Docket 08/27/2009 Page 260'6'd'
YACH SMAN WINDJAMMEH BOATSMAN
POLICY
AGREEMENT
This is a legal contract between you and us. We will provide the insurance
coverage described in this policy in
return for the premium and the compliance by all covered persons with all
applicable provisions of this policy.
DEFINITIONS
Throughout this policy, you and your refer to the named insured as shown on the Declarations
we, us and our refer to the
Page, and
company providing this insurance. In addition, certain words and phrases are
defined as follows:
Insured Property
is defined as:
a. the vessel(s) shown on the Declarations
Page, including spars, sails, machinery, furniture, dinghies/
tenders, outboard motors, fittings and other equipment
maintenance of the vessel; personal watercraft,
normally required for the operation or
mooring and cradles are excluded;
b. any vessel that you acquire ownership of during the Policy Period;
however, you must notify us within 30
days of the time you acquire the vessel and pay any additional premium required; in the event of loss
during this period, we will pay no more than its cost to you subject to a deductible of one
the hull value or $250., whichever is (1%) percent of
greater.
Dinghy/Tender is defined as a small craft owned by you which is used to service and maintain the insured
vessel.
EXCLUSIONS: We do not provide coverage under Part A: Property Damage Coverage against loss or
resulting damage from:
a. wear and tear, gradual deterioration, weathering, insects, mold, animals or marine life; however,
coverage
is provided for accidental damage resulting from zebra mussels, but only applies to engines, generators,
and pumps that are attached to the insured vessel;
b. marring, scratching or denting:
c. osmosis or blistering;
d. manufacturer's defects or defects in designs;
e. the cost of replacing or repairing any item having a latent defect that causes damage to your insured
property, however, resulting damage would be covered;
f. corrosion, except electrolytic (stray current) corrosion.
EQUIPMENT ON SHORE: We will provide coverage for all insured property removed temporarily from
your
vessel for storage
on shore. The amount of insurance on the vessel will be reduced
by the amount covered on
shore.
DEDUCTIBLE AMOUNT
a. we will
adjusteach claim separately for a covered loss to your insured property; the amount of each
adjusted claim will be automatically reduced by the Deductible Amount shown on the Declarations Page;
no deductible will be applied in the event of a total loss to
your vessel, except for conditions outlined in
paragraph b below; for deductible purposes, we will treat any two or more covered losses resulting from
the same accident or occurrence as one claim;
b. if a Windstorm Deductible Amount is shown on the Declarations Page, we will apply that deductible to
covered losses caused by wind, rain, wave or hail when those losses are the result of either a Tropical
Depression, Tropical Storm or Hurricane. This deductible will be in lieu of the Part A: Deductible Amount
shown on the Declarations Page and will be applied to the amount of each loss. It will be applicable to all
partial, total or constructive total losses.
LOSS SETTLEMENT: In the event of loss or damage to your insured property, we will pay the lowest of the
following amounts:
a. the Part A: Property Damage Coverage limit as shown on the Declarations Page;
b. the cost of replacement;
c. the cost to repair with no deduction for depreciation, except as specified in Part A:
Property Damage
Coverage and as shown in the Property Subject to Depreciation section.
We will pay for a total loss to your vessel and other covered property only if:
a. the vessel is completely lost or destroyed;
b. the cost of recovering and/or repairing the vessel is greater than the amount of insurance shown on the
Declarations Page.
The cost of repairs shall be determined by yacht repair yards, equipment repairers or surveyors agreeable to
us.
The amount we will pay for a total loss shall be reduced by the amount paid for repairs of prior covered
damage not completed at the time of the total loss.
PROPERTY SUBJECT TO DEPRECIATION: In the event of loss or damage to your insured plastic or
canvas coverings, inclusive
of all-weather bridge and cockpit enclosures, and dodgers, sails, outboard motors
or outdrive units,
machinery inside the vessel which is over seven (7) years old, or components of any of the
preceding items which requires replacement or repair, we will pay the lesser of:
a. the actual cash value at the time of loss;
b. the cost to repair subject to depreciation;
c. the cost of replacement.
SALVAGE CHARGES: We will pay for salvage charges you incur arising from a covered loss.
Payments for
will be in addition to any other payments we make for losses covered
salvage charges by this policy. However,
the most we will pay for salvage charges is the Part A:
Property Damage Coverage limit shown on the
Declarations Page. The Part A: Property Damage
Coverage Deductible Amount does not apply to this
coverage.
MA-14558 (12/03) 4 of 12
Page
Case 1:09-cv-61348-JIC Document 1 Entered on FLSD Docket 08/27/2009 Page 2-2-6f
COMMERCIAL TOWING AND ASSISTANCE: We will provide additional protection in the event there is
an emergency situation where you and your vessel are not in imminent danger. The coverage shall be
deemed excess over all other valid and collectible towing assistance benefits. We will reimburse you for the
reasonable costs you incur, not to exceed the Commercial Towing And Assistance Amount of Insurance
shown on the Declarations Page, resulting from the following services to your vessel if help is not available
Neither the policy deductible nor the OTHER INSURANCE paragraph under GENERAL PROVISIONS IN THE
EVENT OF LOSS apply to this coverage.
PERILS INSURED AGAINST: We will pay sums that you or a covered person become legally obligated to
pay as a result of the ownership, operation or maintenance of your insured vessel because of:
a. attempted or actual raising, removal or destruction of the wreck of your insured property;
b. failure to raise, remove or destroy the wreck of your insured property;
c. bodily injury or loss of life;
d. your liability to paid crew as defined in the Jones Act or under general Maritime Law;
e. loss or damage to any property;
f. pollution or contamination of any kind.
PERILS INSURED AGAINST: We will pay for reasonable medical, ambulance, hospital, professional
nursing and funeral costs that become necessary due to accidental bodily injury to persons injured while in,
upon, boarding, leaving or towed behind your insured vessel. We will pay only for those costs incurred within
one year of the date of accident.
EXCLUSIONS: We do not provide coverage under Part C: Medical Payments Coverage for:
a. any employee of yours injured while in the course of emploxment or while using, maintaining
or repairing
your insured property;
b. any responsibility for payment assumed by you under contract or agreement;
c. anyone who is injured while your insured property is being conveyed, hauled out or launched;
d. anyone to or for whom benefits are payable under any state or federal compensation law or act.
LOSS SETTLEMENT: We will pay no more than the amount of insurance shown for Part C: Medical
on the Declarations Page for all covered costs of each person injured as a result of any
Payments Coverage
one accident or series of accidents arising out of the same event.
MEDICAL PAYMENTS PROOF-OF-LOSS: A written, sworn proof-of-loss must be filed with us by any
person seeking payment by us under Part C: Medical Payments Coverage, or by someone on their behalf. This
proof-of-loss must include:
a. the nameand address of each person and organization performing covered services;
b. the nature, extent and dates of these services; and
c. itemized charges and any sums already paid.
This proof-of-loss must be filed:
a. as soon as reasonably possible after completion of services;
b. as soon as reasonably possible after the cost of services being provided equals the amount of our liability
under Part C: Medical Payments Coverage on the Declarations Page;
c. within one year of the date of the accident, whichever of the above occurs first.
ADDITIONAL REQUIREMENTS: Each person seeking payment by us under Part C: Medical Payments
Coverage must:
a. submit to a physical examination by a physician selected
by us when and as often as we reasonably
require; we will pay for the cost of the examination; and
b. provide us with written authorization for release to us of copies of pertinent medical reports and records.
ADMISSION OF LIABILITY: Any payment made under this section is not an admission of liability by you or
us.
PERILS INSURED AGAINST: We will pay for the damages which, because of bodily injury received aboard
your vessel, you are legally entitled to recover from the uninsured owner or operator of another vessel.
LOSS SETTLEMENT: The amount shown for Part D: Uninsured Boater Coverage on the Declarations Page
is the most we will pay under Part D, regardless of the number of insured persons, claims made or vessels
involved in any one accident or series of accidents arising out of the same event. This coverage will not apply
directly or indirectly to the benefit of any insured under any state or federal compensation law or act. Payment
made for this coverage to or for an insured person will reduce the amount that person is entitled to recover
from the Part B: Liability Coverage of this policy.
When insurance is provided under Part B: Liability Coverage, insurance is also provided under this section. We
will provide coverage for any liability which you, as owner of the insured property, incur during the term of the
policy under Part E: Federal Longshoremen's and Harbor Workers' Compensation Insurance.
PERILS INSURED AGAINST: We will provide coverage for all accidental, direct physical loss or damage to
any trailer listed the Declarations Page, but only:
on
a. if used exclusively for transporting the vessel; and
b. while located in the continental United States including Alaska, Hawaii, Puerto Rico or Canada.
EXCLUSIONS: We do not provide coverage for wear and tear, gradual deterioration or manufacturer's
defects.
LOSS SETTLEMENT: In the event of loss or damage to the vessel trailer, we will pay the lowest of the
following amounts:
a. the Part F: Vessel Trailer Coverage limit as shown on the Declarations Page;
b. the actual cash value at the time of loss;
c. the cost to repair subject to depreciation;
d. the cost of replacement.
EXCLUSIONS: We do not provide coverage under Part G: Personal Property Coverage against loss or
resulting damage from:
a. wear and tear, mechanical breakdown, gradual deterioration, weathering, insects, mold, animals, marine
life, ice, freezing or extremes of temperature;
b. marring, scratching or
denting;
c. osmosis, blistering, electrolysis or corrosion;
d. manufacturer's defects, defects in designs or latent defects.
MA-14558 (12/03)
Page 7 of 12
1°:019-64-6'it148-JIC Document 1 Entered on FLSD Docket 08/27/2009 Page 26'Or6"6"
BROADENING COVERAGE: If, during the Policy Period, we make any revision to this policy which
broadens the coverage without additional
premium, the broadened coverage will apply as of the effective date
of such revision.
MA-14558 (12/03)
Page 8 of 12
a-as-a -1-:09--CV--6:I348-JIC Document 1 Entered on FLSD Docket 08/27/2009 Page 2-8 of 56
USE OF VESSEL: We do not provide any coverage while your insured property is used for any type of
charter, to carry passengers for hire, to carry property for a fee or for any other commercial use. We will
provide coverage while you are attempting to aid other vessels in distress, provided there is no consideration
for your services.
TRANSFER OF INTEREST: All coverage provided by us will terminate upon the sale, assignment,
transfer or pledge of the insured property or of this contract unless prior written consent has been obtained
from us.
DISHONEST, ILLEGAL OR INTENTIONAL ACTS: We do not pay for loss or damage caused by the
dishonest, illegal intentional acts of any covered person, or any person to whom your insured property is
or
entrusted, regardless of whether or not such person is convicted of such an act by a criminal court.
NO BENEFIT TO OTHERS: No person or organization which has custody of your insured property and is
to be paid for services will benefit from this insurance.
WAR, CONFISCATION AND CONTAMINATION: We do not provide any coverage for loss, damage,
liability or expense due to:
a. war, including undeclared war, civil war, insurrection, rebellion, revolution, warlike act by military force or
military personnel, destruction or seizure for military purpose and including any consequence of these;
b. the lawful or unlawful capture, seizure, confiscation, requisition or detainment of your vessel by a civil or
military authority or an attempt at any of these;
c. radioactive, chemical, biological, bio-chemical or electromagnetic contamination.
PROTECTION AGAINST LOSS: If your vessel or other property covered by this policy is damaged, you
must take all reasonable steps to protect it from further damage. We will reimburse you for reasonable
expenses for protecting the property from further damage. Payments for protecting damaged property will be
in addition to any other payments we make for losses covered by this policy. However, the most we will pay
for protecting damaged property is the coverage limit which to that applies property.
ABANDONMENT: If we take any steps to protect
damaged property, this does not mean we are accepting
an abandonment of the property. And, if you take steps to protect damaged property, this does not mean
you are waiving any rights you have to abandon the property.
NOTICE OF LOSS: You must report in writing to us, or our authorized agent, as soon as possible after the
occurrence of any accident, loss, damage or expense that may be covered under this policy. This notice
should state when, where and how the event occurred, and should include the names and addresses of any
witnesses. You are also required to
notify the police and file a police report as soon as you are aware that
your property has been stolen or vandalized. If you do not provide the notice to us as required by this
section as soon as possible, any claim for such loss under this will be voided.
policy
PROOF-OF-LOSS: You must file with us authorized agent, as soon as possible after our written
or our
request, a detailed proof-of-loss signed and sworn to
by you setting forth to the best of your knowledge, the
facts of the loss. We may also require you to submit to an examination under oath. See Part C: Medical
Payments Coverage for special proof-of-loss requirements for medical payments claims.
SIGNATURES
The only signatures applicable to this policy are those representing the company named on the
Declarations Page.
By signing and delivering the policy to you, we state that it is a valid contract when countersigned by our
authorized representative.
ace usa
Sincerely,
Conor. urray
Brown & Brown Inc. of Ft. Lauderdale via fax (w/o attachments)
Page 7/7
Case 1:09-cv-61348-JIC Document 1 Entered on FLSD Docket 08/27/2009 Page 50 of 50
Ace American Insurance Company Paul S. Lacarubba, Personal Representative of the Estate of Elaine
R. Lacarubba, deceased, and Paul S. Lacarubba, individually, 181
(b) County of Residence of First Listed Plaintiff Philadelphia County, PA County of Residence of First Listed Defendant Broward
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
(C) Attorney's (Firm Name, Address, and Telephone Number) NO fE• IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT
LAND INVOLVED.
Robert B. Birthisel,
Esquire, Hamilton, Miller & Birthisel, LLP
Ashley Drive, Suite 1210
100 S. Attorneys (If Known)
Tampa, FL 33602 (813-223-1900)
(d) Check County Where Action Arose: 0 MIAMI- DADE 0 MONROE VI BROWARD 0 PALM BEACH 0 MARTIN 0 ST. LUCIE 0 INDIAN RIVER 0 OKEECHOBEE
HIGHLANDS
II. BASIS OF JURISDICTION (Place an "X" in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an "X" in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
7 I U.S. Government
'0 3 Federal Question PTF DEF PH? DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State 0 1 0 1 Incorporated or Principal Place 0 4 0 4
of Business In This State
O 2 U.S. Government 0 4 Diversity Citizen of Another State 0 2 0 2 Incorporated and Principal Place 1 5 1 5
IV
(9.11)iir e,,,,,,, 4,5,
AT A TITII 17 cm QUIT to--
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Citizen or Subject of a
Foreign Country
0 3 0 3 Foreign Nation 0 6 0 6
0 440 Other Civil Rights .7 555 Prison Condition 7 465.0ther Immigration 950 Constitutionality of State
Actions 1
Statutes
Cite the U.S. Civil Statute under which you are filing and Write a Brief Statement of Cause (Do not cite jurisdictional statutes unless
diversity):
VII. CAUSE OF ACTION 28 USC Section 2201 Admiralty Action seeking Declaratory Relief
I LENGTH OF TRIAL via 3 days estimated (for both sides to try entire case)
VIII. REQUESTED IN 0 CHECK IF THIS IS A CLASS ACTION DEMAND CHECK YES only if demanded in complaint:
A
COMPLAINT: UNDER F.R.C.P. 23 Ut i1/vv
V JURY DEMAND: 0 Yes ri No
FOR
91d 616) 4)'..
OFFIC
AMOUNT, tE6NLY RECEIPT FP