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ACE AMERICAN INSURANCE COMPANY v. ALI complaint

ACE AMERICAN INSURANCE COMPANY v. ALI complaint

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Published by: ACELitigationWatch on Jan 20, 2014
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COMPLAINT FOR RESCISSION AND VOIDING OF A MARINE INSURANCE POLICY AND DECLARATORY RELIEF
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 UNITED STATES DISTRICT COURT  NORTHERN DISTRICT OF CALIFORNIA
 SAN JOSE ACE AMERICAN INSURANCE COMPANY, Plaintiff, vs. SYED ALI, Defendant. Case No. IN ADMIRALTY
COMPLAINT FOR RESCISSION AND VOIDING OF A MARINE INSURANCE POLICY AND DECLARATORY RELIEF
 Plaintiff ACE AMERICAN INSURANCE COMPANY (“ACE”) complains against Defendant, SYED ALI (“Defendant”) and alleges, on information and belief, the following:
JURISDICTION AND VENUE
 1.
 
This is an action for rescission and voiding of a marine insurance policy. It is an admiralty and maritime claim within the meaning of Rules 9(h) and 38(e) of the Federal Rules of Civil Procedure and falls within the admiralty and maritime  jurisdiction of this Court pursuant to 28 U.S.C. § 1333. /// /// EIL S. LERNER (SBN 134031)COX WOOTTON LERNER GRIFFIN HANSEN & POULOS, LLP 12400 Wilshire Boulevard, Suite 1300 Los Angeles, California 90025 Telephone (310) 979-9144 Facsimile (310) 979-9244 E-mail nsl@cwlfirm.com Attorneys for Plaintiff, ACE AMERICAN INSURANCE COMPANY
Case5:14-cv-00271-HRL Document1 Filed01/16/14 Page1 of 11
 
 
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COMPLAINT FOR RESCISSION AND VOIDING OF A MARINE INSURANCE POLICY AND DECLARATORY RELIEF
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2.
 
Pursuant to the Declaratory Relief Act, 28 U.S.C. §§ 2201
et seq.
, this action also seeks a determination of the rights and obligations of the parties to a marine insurance policy regarding a coercive claim. In addition, it seeks relief under Sections 1900 and 1904 of the California Insurance Code and relief under the general maritime law. 3.
 
Venue is proper in this Court because the subject marine insurance policy was issued in this district, because the insurance application at issue was filled out and executed in this district, because the Defendant resides in this district and this Court has  personal jurisdiction over him, because the vessel at issue is home-ported in this district and because ACE conducts business in this district. 4.
 
ACE is a corporation organized and existing under the laws of the State of Delaware with its principal place of business in Philadelphia, Pennsylvania. 5.
 
ACE is licensed to do business in the State of California, and in this  judicial district, as an insurer of marine risks, and ACE issues marine insurance policies in California and in this judicial district. 6.
 
ACE is informed and believes, and thereon alleges, that Defendant is an individual and resident of Santa Clara County in the State of California.
GENERAL ALLEGATIONS
 7.
 
Defendant claims, and at all times relevant to this action has claimed, to be the owner of a vessel named “007,” a 2009 or 2010 43-foot Donzi bearing official number 1225832 (the “Vessel”). 8.
 
Prior to January 7, 2011, Defendant contacted, either directly or indirectly through an agent, broker or other representative, ACE to exchange information about the Vessel for purposes of obtaining a policy of marine insurance. This commenced the underwriting process. 9.
 
On or about January 7, 2011, Defendant signed and completed, or had signed and completed for him and was adopted by him, a Marine Insurance Application (herein “Application”) and submitted, or caused to be submitted, said Application to
Case5:14-cv-00271-HRL Document1 Filed01/16/14 Page2 of 11
 
 
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COMPLAINT FOR RESCISSION AND VOIDING OF A MARINE INSURANCE POLICY AND DECLARATORY RELIEF
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ACE. The Application was said to be signed by, or as, “Syed Ali,” as the “applicant” for a marine insurance policy with ACE. A true and correct copy of the Application is attached hereto as Exhibit “A” and is incorporated herein by reference. 10.
 
The signed Application submitted to ACE by Defendant, or on his behalf and adopted by him, contained: (a) A section that asked for the vessel’s “Purchase Price,” with a corresponding blank space that was filled in by Defendant, or on his behalf and adopted  by him, as
$650,000
. (b) A section that asked for the “Primary Owners SSN,” (Social Security Number) with a corresponding blank space that was filed in by Defendant, or on his behalf and adopted by him, with the last four digits as
7031.
 (c) A section that asked for the applicant’s “Birth Date,” with a corresponding blank space that was filled in by Defendant, or on his behalf and adopted  by him, as
 //1964
. (d) A section that asked for the “Size and Type of Vessel(s) Owned & Operated” by applicant, with a corresponding blank space that was filled in by Defendant, or on his behalf and adopted by him, as
This 1 Year, 56’ Carver, 38’ Donzi, 45’ Bayliner 
. (e) A section that asked for the Vessel’s “Maximum Speed,” with a corresponding blank space that was filled in by Defendant, or on his behalf and adopted  by him, as
85.
 (f) A reference to Defendant’s MVR (Motor Vehicle Record) being received by ACE in connection with the underwriting process. During that process, Defendant was asked by ACE to provide his California driver’s license number so that his MVR could be obtained and reviewed as part of the underwriting of the Vessel and ACE was provided with the following driver’s license number:
C2901741
. (g) A set of “Acknowledgements,” directly above the signature line, that stated,
inter alia
, as follows: “Any person who knowingly and with intent to
Case5:14-cv-00271-HRL Document1 Filed01/16/14 Page3 of 11

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