Case 1:11-cv-22842-PAS Document 1

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IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION CASE NO.: EURYS GAMEZ, Plaintiff, vs. ACE AMERICAN INSURANCE COMPANY, Defendant. __________________________________/ COMPLAINT Plaintiff, EURYS GAMEZ (Gamez), hereby sues Defendant, ACE AMERICAN INSURANCE COMPANY (ACE American), and states: 1. 2. Gamez is an individual residing in Miami, Florida and is otherwise sui juris. ACE American is a citizen of a state other than Florida, with its principal place of

business at 436 Walnut Street, Philadelphia, Pennsylvania 19106, and is authorized to do and doing business in the State of Florida. 3. This court has subject matter jurisdiction pursuant to 28 U.S.C. 1332, as there is

complete diversity between the parties and the amount in controversy exceeds $75,000, exclusive of interest and costs. General Allegations 4. ACE American issued a policy of boat insurance to Gamez insuring a 2008 32

Glasstream Model 328 SCX watercraft, bearing Hull Identification No.: GDJ00333H708.

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5.

The policy, number YKR Y10144097, has effective dates between October 23,

2007 and October 23, 2008 (the Policy). A true and correct copy of the Policy is attached as Exhibit A and incorporated by reference. 6. The Policy provides, inter alia, coverage with limits of liability of $114,000 for

accidental, direct physical loss or damage to the insured vessel. 7. The Policy also provides additional coverages for loss to the boats trailer with a

limit of liability of $6,000 and for loss of personal effects with a limit of liability of $2,500. 8. As consideration for issuance of the Policy, Gamez paid ACE American a

premium of Three Thousand One Hundred and Thirteen Dollars ($3,113). 9. On or about November 23, 2007, the entire insured vessel, containing various

personal effects of Gamez, and its trailer, were stolen. COUNT I Breach of Contract 10. Count I. 11. On or about November 23, 2007, while Gamezs policy was in full force and Gamez realleges and reincorporates Paragraphs 1 through 9 as Paragraph 10 of

effect, Gamez suffered a covered loss under the policy. 12. As a direct and proximate result of the loss, Gamez incurred a complete loss of

the entire vessel, its trailer, and personal effects in excess of the policy limits. 13. Gamez has fully complied with all conditions precedent as required by the policy,

or those conditions have been waived.

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14.

Although Gamez has repeatedly requested that ACE American pay Gamez the

amounts due under the terms of the policy, ACE American has failed to pay Gamez such sums due and owing. 15. As a result of ACE Americans refusal to pay Gamez under the policy, it has

become necessary for Gamez to retain undersigned counsel to whom Gamez has become obligated to pay reasonable attorney's fees in connection with the prosecution of this action. 16. Gamez is entitled to recovery of such reasonable attorneys fees and costs

incurred upon rendition of a judgment in his favor, pursuant to Florida Statute 627.428 WHEREFORE, Plaintiff, EURYS GAMEZ, requests judgment against Defendant, ACE AMERICAN INSURANCE COMPANY, for damages and prejudgment interest, together with attorneys fees and costs, and all other relief that this Court deems just and proper. DEMAND FOR JURY TRIAL Plaintiff demands trial by jury of all issues so triable. Respectfully submitted, ____s/ Howard Levine____________ HOWARD LEVINE, ESQ. Attorney for Gamez 1560 Lenox Avenue, Suite 307 Miami Beach, Florida 33139 Telephone: 305/534-0403 Facsimile: 305/672-5305 Florida Bar No.: 0075670 HLevineEsq@aol.com

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