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Petition for Declaratory Relief

Petition for Declaratory Relief

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Published by Len Harris

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Published by: Len Harris on Aug 06, 2012
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04/22/2013

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Case 6:12-cv-01185-GKS-TBS Document 1 Filed 08/01/12 Page 1 of 5 PageID 1
UNITED STATES DISTRICT COURTMIDDLE DISTRICT OF FLORIDAORLANDO DIVISIONTRAVELERS CASUALTY AND SURETYCOMPANY OF AMERICA,Petitioner,
v.
THE RETREAT
AT
lWIN
LAKESHOI\4EOWNERS' ASSOCIATION, INC.,a Florida Non-Profit Corporation andSYBRINA
D.
FULTON, as the personalrepresentative
of
the Estate
of
Trayvon Martin, deceased;Respondents.
- - - - - - - - - - - - - - - - - - - - - - - - ~ ' 
PETITION FOR DECLARATORY RELIEF
FILED
2012
AUG
-I
PM
I:
I
6
Petitioner, Travelers Casualty and Surety Company
of
America (
11
Travelers"), byand through its undersigned attorneys, files this Petition for Declaratory Relief andstates:FACTS REGARDING JURISDICTION AND VENUE
1.
This is an action for Declaratory Relief pursuant to 28 U.S.C.
§
2201.
2.
At
all material times, Travelers is and was a Connecticut corporation withits principal place
of
business in Connecticut.
3.
Upon information and belief, at all material times, The Retreat at TwinLakes Homeowners' Association, Inc. ("The Retreat at Twin Lakes") is and was aFlorida non-profit corporation with its principal place
of
business
in
Orlando, Florida.
4.
Upon information and belief, at all material times, Sybrina
D.
Fulton is andwas a Florida citizen and resident of Miami-Dade County, Florida. Therefore, pursuant
1
 
Case 6:12-cv-01185-GKS-TBS Document 1 Filed 08/01/12 Page 2 of 5 PageID 2
to
28
U.S.C. § 1332(c)(2), Respondent Sybrina
D.
Fulton
C'Fulton") is
deemed
to be
aFlorida citizen.
5.
The amount
in
controversy exceeds the sum of $75,000 exclusive ofinterest, attorneys' fees and costs. This Court has diversity jurisdiction by virtue of
28
u.s.c.
§
1332.
6.
Venue is proper
in
the Middle District of Florida pursuant
to
28
U.S.C.
§1391 (a)
because at least one Respondent resides within the district, and because asubstantial part of the events giving rise
to
the claim occurred
in
the district.
GENERAL ALLEGATIONS
7.
On
February 26, 2012, while inside the gated community of The Retreat
at
Twin Lakes, Trayvon Martin was shot
and
killed
by
George Zimmerman, the designatedneighborhood watch captain/coordinator for the community.
8.
On
or about March
30,
2012, Travelers issued a claims-made, Non-ProfitManagement And Organization Liability insurance policy, which
is
a type of directorsand officers (D&O) coverage, to The Retreat at Twin Lakes, Policy
No.
104713705,effective from March
30,
2012
to
March
30,
2013. A copy
of
the Policy
is
attachedhereto
as
Exhibit
A.
9.
After the inception of the claims-made policy, Fulton made a claim formonetary damages against the Travelers Policy issued to The Retreat at Twin Lakes
as
a result of the fatal shooting of Martin.
10.
The Policy provides coverage under Section I -INSURINGAGREEMENT,
in
pertinent part
as
follows:
2
 
Case 6:12-cv-01185-GKS-TBS Document 1 Filed 08/01/12 Page 3 of 5 PageID 3
Liability Coverage
(A)
1
The Insurer will pay
on
behalf of the
Insureds Loss
up
to theavailable maximum aggregate Limit of Liability set forth
in
Item
3
2
of
the Declarations which
is
incurred
by
the
Insureds
as
theresult of any
Claim
first made against the
Insureds
during the
Policy Period
or the
Discovery Period,
if purchased, for a
Wrongful Act.
11.
The Policy contains the following definitions under Section
II
-DEFINITIONS, which provides
in
pertinent part:
J.
Loss
means the total amount excess
of
the applicable Retentionwhich any
Insured
becomes legally obligated
to
pay
as
theresult
of
all
Claims
first made against any
Insured
during thePolicy Period for
Wrongful Acts
including, but not limited
to,
damages {including punitive or exemplary damages whereinsurable under applicable law), judgments, settlements
and
Defense Costs. Loss
does not include
{1)
the multiple portionof any multiple damage award,
(2)
criminal or civil fines orpenalties imposed
by law,
(3)
taxes, (4) any amount notindemnified
by
the
Insured Organization
for which the
Insured
is
absolved from payment
by
reason of any covenant, agreementor court order,
and {5)
matters uninsurable under the lawpursuant to which this Policy is construed.
3
Q.
Related Wrongful Acts means Wrongful Acts that arise out
of,
are based
on,
relate to or are
in
consequence
of,
the same facts,circumstances or situations.
S.
Wrongful Act means any error, misstatement, misleadingstatement, act, omission, neglect, or breach
of
duty committed orattempted, or allegedly committed or attempted, by the InsuredOrganization or by one or more Insured Persons, individually orcollectively,
in
their respective capacities as such,
....
12.
The Policy contains the following relevant exclusion:
IV.
EXCLUSIONS
The Insurer shall not
be
liable to make any payment for Loss
in
connection with any Claim made against any of the Insureds:
1)
4
based upon, arising out
of,
directly or indirectly resulting
1
As
amended
by
Endorsement CIRI
70004 (04-00),
the "Non-Profit Change Endorsement".
2
Item 3 provides a
$1,000,000
maximum aggregate Limit of Liability for all Claims first made
in
the PolicyPeriod, inclusive of Defense Costs.
3
As amended
by
Endorsement CIRI
70004 (04-00),
the "Non-Profit Change Endorsement".
4
As amended
by
Endorsement CIRI
70004 (02-02),
the "Amended
81/PD
Exclusion Endorsement".
3

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