INT'L MARINE RESEARCH v. SANDERS MARINE TOW, Et Al IICNA Motion For Summary Judgement

Case 0:05-cv-61364-KAM Document 23 FILED
Pageby
Entered on FLSD Docket 04/17/2006 ELECTRONIC EG
1 of 47 D.C.
Apr 17 2006
CLARENCE MADDOX
CLERK U.S . DIST. CT.
S . o. OF FLA. · MIAMI
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
FORT LAUDERDALE DNISION

IN ADMIRALTY
CASE NO. 05-61364-CN-MARRA
INTERNATIONAL MARINE RESEARCH

INSTITUTE, INC., a Florida not-for-profit
charity,
Plaintiff,
v.
SANDERS MARINE TOWING, INC. d/b/a

FT. PIERCE TOWBOAT U.S.; LARRY
ALLEN BALANCHETT; McCULLEY
MARINE SERVICES, INC.; INDEMNITY
INSURANCE COMPANY OF NORTH
AMERICA; ROYAL MARINE INSURANCE
GROUP, INC., in personam; and MIV Phoenix, a
1989 29' motor vessel, her engines, tackle,
accessories, and appurtenances, in rem,
Defendants.
--------------------------------~/
DEFENDANT, INDEMNITY INSURANCE COMPANY OF

NORTH AMERICA'S MOTION FOR SUMMARY JUDGMENT
AND SUPPORTING MEMORANDUM OF LAW
Defendant, INDEMNITY INSURANCE COMPANY OF NORTH AMERICA,

(hereinafter "INA") by and through undersigned counsel and pursuant to Federal Rule of Civil
Procedure 56(a) and Southern District of Florida Local Rule 7.5, hereby files this Motion for
Summary Judgment and states:
MATERIAL FACTS NOT IN DISPUTE

PURSUANT TO LOCAL RULE 7.S(C)
1. On September 3, 2002, Law Office of Patrick G. Patel submitted an application

for insurance via independent insurance broker ROYAL MARINE INSURANCE GROUP
• McALPIN & BRAIS, P. A. •

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23/gz
Case 0:05-cv-61364-KAM Document 23 Entered on FLSD Docket 04/17/2006 Page 2 of 47
CASE NO. 05-61364-CIV-MARRA

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(hereinafter "ROYAL MARINE"). The application for insurance explained that insurance was
being sought for various vessels that were to be donated to the insured. The insured would
submit monthly inventories regarding the type and location of the vessels that were to be insured.
The application stated that the vessels would not be used to carry passengers and would not make
any overnight trips. The application was signed by Patrick G. Patel. See Exhibit "I-A".
2. On September 19, 2002, a Commercial Hull Policy and Protection and Indemnity
Policy was issued by INA to Law Office of Patrick G. Patel. See Exhibit "I-B."
3. The policy of insurance contained a Port Risk Endorsement (#4). The Port Risk
Endorsement stated,
Warranted insured yacht(s) are confined to port, located at (as

per submitted monthly reports)
however, for the purpose of vessel demonstration, service or

maintenance, navigation is granted within a twenty (20) mile
radius of the port risk locations.
4. Lines 143-144 of the Commercial Hull Policy stated,
Any deviation beyond the navigation limits provided herein

shall void this policy;
5. On September 19, 2003, the policy of insurance was renewed for the period of
September 19, 2003 through September 19,2004.
6. On October 1, 2003, the insured, Law Office of Patrick G. Patel changed the
insured's name to simply read "Law Offices."
September 19, 2004 through September 19, 2005.
8. A Monthly Inventory Report covering the period of December 19, 2004 through
January 19, 2005 was submitted by "Law Offices" pursuant to the policy. The report indicated
the 1981 39' Shrimp Boat with Hull Identification Number FLZY2255G981 known as the Nikki
had a ''Port Risk Physical Location" of 404 Riberia, St. Augustine, Florida See Exhibit "I-C."
.. McALPIN & BRAIS. P. A...

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9. Unbeknownst to INA, on or about December 17, 2004, the vessel Nikki left the
marina in St. Augustine, Florida.
10. On or about December 23,2004, the vessel Nikki began taking on water near Fort
Pierce, Florida (a distance of approximately 163 miles from St. Augustine, Florida). Ultimately,
the vessel capsized and was hauled from the water in Fort Pierce, Florida.
MEMORANDUM OF LAW
A STANDARDFORSU~YJUDGMENT
Summary judgment is appropriate if the pleadings, depositions, answers to

interrogatories, and admissions on file, together with the affidavits, if any, show that there is no
genuine issue as to any material fact and the moving party is entitled to judgment as a matter of
law. Fed. R. Civ. P. 56(c); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S. Ct. 2505
(1986); Celotex Corp. v. Catrett, 177 U.S. 317, 106, S. Ct. 2548, 91 L. Ed. 2d 265 (1986);
Plastique Tags, Inc. v. Asia Transline, Inc., 83 F.3d 1567 (11th Cir. 1996). The party seeking
summary judgment has the initial responsibility of informing the court of the basis for its motion
and identifying those parts of the record that demonstrate the absence of general issues of
material fact. Celotex Corp., 177 U.S. at 322. The moving party need not produce evidence to
negate the existence of every material fact, but need only point out the absence of evidence
supporting an essential element of the non-moving party's case. See McCaleb v. A.D. Smith
Corp., 200 F.3d 747, 752 (11th Cir. 2000) (citing Celotex Corp., 177 U.S. at 323). See
also Latimer v. Smith Kline & French Lab., 919 F.2d 301, 303 (5th Cir. 1990); Saunders v.
Michelin Tire Corp., 942 F.2d 299,301 (5th Cir. 1991).
B. PLAINTIFF BREACHED AND THEREFORE VOIDED THE POLICY OF

INSURANCE BY TRAYELING OUTSIDE THE PERMITTED NAVIGATIONAL
LIMITS
Breaches of express warranties in marine insurance contracts release the insurer from any
liability under the policy. Hilton Oil Transport v. T.E. Jonas, 1996 AMC 1308, 1311,75 F.3d
627, 630 (11 Cir. 1996) ("The admiralty cases that support this principle are legion and form a
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judicially established and entrenched federal admiralty rule. ") Specifically, this principle applies
to breaches of express navigational limits warranties. See, e.g., La Reunion Francaise, S.A. v.
Christy, 122 F. Supp. 2d 1325 (M.D. Fla. 1999) (court granted summary judgment to insurer
based on breach of navigational limits in insurance policy); Goodman v. Fireman's Fund
Insurance Co., 600 F.2d 1040, 1043 (4 Cir. 1979) (no coverage where vessel in breach of winter
"lay up" warranty when vessel sank); Hilton Oil, 75 F.3d at 629 (no coverage where vessel
outside trading limits when storm wrecked it); Lexington Ins. Co. v. Cooke's Seafood, 835 F.2d
1364, 1365-66 (11th Cir. 1988) (no coverage where vessel beyond 100-mile navigational limit
when hurricane destroyed it); Aetna Ins. Co. v. Dudney, 595 So.2d 238, 239 (Fla. 4th DCA 1992)
(no coverage where yacht beyond navigational limit at time crew member injured in slip-and-
fall); Port Lynch, Inc. v. New England Int'l Assurety of Am., Inc., 1992 A.M.C. 225, 234, 754
F. Supp. 816, 823 (W.D. Wash. 1991) (navigational warranty).
Here, the policy of insurance in effect at the time of the incident contained navigational
limits within the Port Risk Endorsement (#4). The Port Risk Endorsement stated,
"Warranted insured yacht(s) are confmed to port, located at

(as per submitted monthly reports)"
"however, for the purpose of vessel demonstration, service or

maintenance, navigation is granted within a twenty (20) mile
radius of the port risk locations."
The monthly inventory report submitted by the Plaintiff just prior to the incident that covered the
period of December 19, 2004 through January 19,2005 indicated the 1981 39' Shrimp Boat with
Hull Identification Number FLZY2255G981 known as Nikki had a Port Risk Physical Location
of 404 Riberia, St. Augustine, Florida.
Plaintiffs Complaint alleges, "On December 22, 2004, the Nikki departed the Fort Pierce
Inlet, heading south toward a final destination of Fort Lauderdale, Florida. The Nikki's progress
in the rough sea was slow and her Captain, David W. Nicoll, decided to return to the Fort Pierce
Inlet and proceed south to Ft. Lauderdale via the Intracoastal Waterway. As the vessel Nikki
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was turning back toward the Fort Pierce Inlet, she was hit by a rogue wave in the aft area of the
vessel and took on a substantial amount of water." See Plaintiffs Verified Complaint ~~ 22-24.
The Fort Pierce Inlet is approximately 163 miles from the reported Port Risk Physical
Location of 404 Riberia, St. Augustine, Florida. There can be no argument that the vessel Nikki
was well outside of the navigational limits required by the policy of insurance. Lines 143-144 of
the Commercial Hull Policy state,
"Any deviation beyond the navigation limits provided herein

shall void this policy;"
Plaintiff has as a matter of law breached the navigational limits of its insurance policy
when the vessel Nikki was greater than 20 miles from the port in St. Augustine. The breach
voided the policy releasing INA of any obligations under the policy.
C. NOTICE TO AN INSURANCE BROKER IS NOT NOTICE TO THE INSURER
INA did not receive any requests from the insured, Law Offices, regarding the December
17, 2004 voyage. In order for the Plaintiff to move the vessel Nikki from the port in St.
Augustine to Fort Lauderdale, the Plaintiff should have sought authorization from INA. The
premiums that were paid for the policy of insurance did not factor the risk of the Plaintiffs
vessels leaving their ports. Had the Plaintiff sought authorization to move the Nikki, INA would
have decided if it wished to insure the risk and if so- amended the policy. See Affidavit of
Kristen Smith, Exhibit "1."
Assuming arguendo that Plaintiff advised ROYAL MARINE of its intention to sail the
vessel Nikki from St. Augustine to Fort Lauderdale, this knowledge cannot be imputed to INA.
Knowledge of an insurance broker can not be imputed to the insurer. Lien Ho v. Klaus, 738 F.2d
1455 (9th Cir. 1984) (knowledge of broker who is not agent of the insurer with respect to a
particular act or omission in issue cannot be imputed to the insurer); Jefferson Ins. Co. of N. Y. v.
Huggins, 2000 A.M.C. 2357, (N.D. Tex. 2000) (a marine insurance broker is generally
considered the agent of the insured, not the insurer). Thus, in order to have been covered for the
trip from St. Augustine to Fort Lauderdale, the Plaintiff should have sought to have INA amend
the Port Risk Endorsement.
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CONCLUSION
At the time ofthe incident the vessel was located outside the navigational limits in breach
of the navigational warranty. The policy of insurance in effect at the time of the incident stated in
no unequivocal terms that the Nikki would not be covered outside the navigational limits and if
the vessel is taken outside the navigational limits the policy was void. Since the Nikki was well
outside the navigational limits the policy was void and therefore INA has no obligations to
Plaintiff.
WHEREFORE, Defendant, INA, respectfully requests this Honorable Court to enter
sununary judgment in its favor and any further relief the Court deems appropriate.
• McALPIN & BRAIS, P. A.•

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CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a copy of the foregoing was furnished by U.S. Mail this
12 day of April, 2006, to JAMES WELLER STROUP, ESQ. and FARRIS JAMES
MARTIN, ill, EWQ., Stroup & Martin, 119 S.E. 12th Street, Fort Lauderdale, Florida 33316-
1813, attorneys for Plaintiff; and CHARLES GULLETTE DE LEO, Fowler, White, Burnette,
1395 Brickell Avenue, 14th Floor, Miami, Florida 3131-3302, attorneys for Sanders Marine
Towing, Inc. d/b/a Ft. Pierce Towing, Inc. and Larry Allen Balanchett; and NEIL BAYER,
ESQ., Sarnoff & Bayer, 3000 Shipping Avenue, Coconut Grove FL 33133, Attorney for Royal
Marine Ins. Group.
RESPECTFULLY SUBMITTED,
McALPIN & BRAIS, P.A.

Attorneys for Indemnity Insurance
Company of North America
80 SW 8th Street, Suite 2805
Miami, Florida 33130
Telephone: 305-810-5400
Facs' . e: 305-810-5401
By: sf.
JONATHAN H. DUNLEAVY
Florida Bar No.: 459666
jdunleavy@mcalpinbrais.com
• McALPIN & BRAIS, P. A.•

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EXHIBIT "1"
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA
FORT LAUDERDALE DIVISION

IN ADMIRALTY
INTERNATIONAL MARINE RESEARCH

INSTITUTE, INC., a Florida not-for-profit
charity,
Plaintiff,
v.
SANDERS MARINE TOWING, INC. d/b/a

FT. PIERCE TOWBOAT U.S.; LARRY
ALLEN BALANCHETT; McCULLEY
MARINE SERVICES, INC.; INDEMNITY
INSURANCE COMPANY OF NORTH
AMERICA; ROYAL MARINE INSURANCE
GROUP, INC., in personam; and MIV Phoenix, a
1989 29' motor vessel, her engines, tackle,
accessories, and appurtenances, in rem,
Defendants.
--------------------------~/
AFFlDAVIT OF KRISTIN SMITH
Cy~,,
~ SS:
STArn OF
COUNTY OF ~LO
I, KRISTIN C. SMITH, having first been sworn, upon oath, depose and states:
1. My name is KRISTIN C. SMITH and I am over 18 years old and otherwise
competent to make this Affidavit.
2. I have been employed as an Ocean Marine Underwriter since 1977. I have been
employed by Indemnity Insurance Company of North America as an Ocean Marine Underwriter
since 2002.
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3. I was not the initial underwriter assigned to the account in question. Following
the incident I was assigned to the account. I have reviewed the underwriting file.
4. On September 3, 2002, "Law Office of Patrick G. Patel" submitted an application
for insurance via independent insurance broker Royal Marine Insurance Group. The application
for insurance explained that insurance was being sought for various vessels that were to be
donated to the insured. The insured would submit monthly inventories regarding the type and
location of the vessels that were to be insured. The application stated that the vessels would not
be used to carry passengers and would not make any ovemight trips. The application was signed
by Patrick G. Pate!. Attached as Exhibit "A" is a true and correct copy of the application for
insurance.
5. On September 19, 2002, a Commercial Hull Policy and Protection and Indemnity
Policy was issued by Indemnity Insurance Company of North America to "Law Office of Patrick
G. Pate!." Attached as Exhibit "B" is a true and correct copy of the Commercial Hull Policy and
Protection and Indemnity Policy issued to "Law Office of Patrick G. Pate!."
6. The policy of insurance contained a Port Risk Endorsement (#4). The Port Risk
Endorsement states in part,
PORT RISK WARRANTY
In consideration of the premium charged, the following limits on use shall apply:
Warranted insured yacht(s) are confined to port, located at (as per submitted monthly
reports)
* * * *
however, for the purpose of vessel demonstration, service or maintenance, navigation is
granted within a twenty (20) mile radius of the port risk locations.
It is further warranted that navigation of the vessel(s) for the above purposes shall be
conducted by the insured or a licensed captain.
7. Lines 143-144 of the Commercial Hull Policy state,

Any deviation beyond the navigation limits provided herein shall void this policy;
-2-
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8. The acceptance of the risk and the pricing of the policy were based, in large part,
on the representation that the vessels would be confined to port risk. The port risk endorsement
was included in the policy to reflect this essential term of the policy.
September 19, 2004 through September 19, 2005.
10. On October 1, 2003, the insured, "Law Office of Patrick G. Patel" changed the
insured's name to simply "Law Offices."
September 19,2004 through September 19, 2005.
12. Pursuant to the policy, a Monthly Inventory Report covering the period of
December 19, 2004 through January 19, 2005 was submitted by "Law Offices." The report
reflected that the 1981 39' Shrimp Boat with Hull Identification Number FLZY2255G981
known as the "NikkI" had a "Port Risk Physical Location" of 404 Riberia, St. Augustine, Florida.
Attached as Exhibit "e" is a true and correct copy of the Monthly Inventory Report submitted by
"Law Offices" for the period of December 19, 2004 through January 19,2005.
13. The port risk warranty for the vessel Nikki was never altered or amended and was
in full force when the loss was reported to have occurred.
14. On March 28, 2005, a formal denial of the claim was sent to the insured because
of the breach of the port risk navigational warranty.
15. The matters set forth in this Affidavit are true and correct, and based on my
personal knowledge.
-3-
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FURTHER AFFIANT SAYETH NAUGHT.
. THE FOREGOING instrument was acknowledged before me this l!!!!.- day of

~ , 200~ by KRIST~ C. SMITH who is V personally known to me or who .
has produced dt?t4!!t.u, itt e.t1<l Q , as identification and who did (did not) take an oath.
My Commission Expires: ;Pl~g
-4-
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13 of 47 EXHIBIT"A"
Case 0:05-cv-61364-KAM Document 23
09/19/2002 13:07 FAX 3054773858
Entered on FLSD Docket 04/17/2006 Page 14 of 47
HOYAL MAH1l'U' ~UV,J
.... _.
..~AMAR Commercial Hull

kan M"rln~ Illsurance Application
"" ACE USA Company
Application for Insufance

f1,.,..~-
Assured: Laru1 Oll'lcc:, of Owner: /}rfr /cIr G, Pale! .J
G, Pa:tl':- r Charterer: ___________________________________
Mailing Addres~: Name 01 Vessel: (If more than one, alta¢h separate sheet)
.~O fteu..>ark A~ J~U~!; Pe Sfmt
;J. , ~ ;/9,
~ Q730~
Description of Operations: --'!f:Lf-..kt.LC.=dl"""'Ij-=L..--'&"""'.!!.I"'a:h""'-,L,..!.'~=~-----------------
Loss Payable: ___________________________ Home Port: V M./'t:JUA - £/oo'a!.a;

I
Vear Built: ________AV-e...

___ ;n~&f~ ern
Length: ______--'O<--______
(zt(~
""9,: _____________________
Model: Hult Material: _________ # of Decks: _____-'-____________
. If design USCG- or Classification Society Approved (YIN)
Mfr,: _ _ _ _ _ _ _ _ _ __ Vear 8ull\: _ _ _ _ _ _ _ __ Horsepower: _____________
, of Engines: Gas: __________________ Oiesel:
Captain's Name: J (Jt. my .S; ,eff

Captain's License Ii: # of Crew: __-loQ.c.-_ ______
Captain's experience: 17
'MA·'Q03S (01101) PIge'o(3
14 of 47
09/19/2002__ J3:08 FAX 3054773858 KUYAL M.AH.1 i'd:.
Is vessel licensed by Coast Guard 10 carl)' passengers? (YIN)

!,
Date of License: _------!I:......_----L'____ Date of IMt Coast Guard inspection: ,
Navigation limits allowed by license:
Maximum number of passengers permitted by license: "":-._ _ _ _ __ Average # carried:
Total estimated passengers carried annually:
Duration oftrips:
My overnight trips (yIN) Food prepared on board? (YIN)? _ _ __
Date vessel was purchased Markel Value:$ _ _ _ _ __ Insured value:$ ________
Replacement cost: $ _ _ _ _ _ _ _ _ _ __ P&l Limit: _ _ _ _ _ _ __
Medical Payments Limit: Navigation season: _ _ _ __
ay up Ashore? (yIN) _ _ _ _ _ _ __ Whe~? ____________________ ~ __
Management (describe your experience and lime in business)
Does this placing indude all vessels operated by \he prospective Assured?
If not, explain: _____________________- - - - - - - - - - - - - - - - - - - - - -
INSPECTION:
Where and when can llesse' be inspected?
Name and lelephone # of contacl:
PogeZQf3
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KU~AL ItAtU. f"l.t:"
. ..' ~VVo,)
Sep 19 02 10,548 PATR--K PATEL ATTORNEY 201 65~' 4760 p. 1

of/le/ZOo: 11;~~ FAX 3Q.411~'$ ROYAL MARINE
Date: Clooed?
-.------------------
_ofF""".,ln.""", _________________________________
HZI:5 insuranQCI on ""y "'esse! been de:etineo? (.....IN) /'fo If so, p!o.:.sa ~!II:(lI~in: _ _ _ _ _ _ _ __
I "'Q.,_ I\al ~""" n'lot!~j~

VIe ...hicn am _ and comptelo III the best of my
""_go. I. 10 be I""
CUollp.ft1 '" accept !h.J ri,...
~"$Is Mt cbliQ .... me II> oeeeJ)l lI1e ina"",,,,,,,. nor \I1e
0 ... of Application:
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EXHIBIT "B"
·INAMAR
Ocean Marine Insurance
an ACE USA Comparry
;Indemnity Insurance Company of North America
Marine Policy
Ilssured Law Office of Patrick G. Patel
850 HE 3rd Street
Suite 208
Dania, FL 33410
Policy No.: HU 220086
Ilgency Royal Marine Insurance Group
8300 Executive center Parkway
Suite 2102
Miami, FL 33166
·MA·1933c Ptd.ln U.S.A.

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INAMAR Cor nercial Hull Policy

Ocean Marine Insurance
an ACE Us.. Compcmy
Indemnity Insurance Company of North America
TC("-" .~ttached to and form a part of Policy No. iSH 22QOBl of the Indprnjty InS!lranct;
Company Of North Amerjca
The tefl11$ and concf'rtions of the following clauses are to be regarded as substituted for those of the pancy form to which
they .re attached. the latter being hereby waIved. except provisions required by law to be Inserted In this poncy. All captions are
Inserted only for purposes of reference and shall not be used to Interpret the clauses to which they apply.
ASSURED
This Policy insures I aY Office of Patrick G patel
aSQ HE 3 Street 0 #208 2
Dania. FL 33410 hereinafter referred to as the Assured. 3
If daim is made under this POlicy by anyone other than the Named Assured. such person shall not be entitled to recover to a greater extent than 4
would the Named Assured. had claim been made by the Named Assured in this Policy. 5
This Company waives any right of subrogation against affiliated, subsidiary or interrelated companies of the Assured. provided that such waiver shall 6
not apply with respect to any loss, damage or expense against which such companies are insured. 7
LOSS PAYEE
loss, if any. shall be payable to Assured or Order 8

9
or order. 10
TERM
From the ~1.!.9-,t"h_ _ _ _ _ day of Seeteroer _-,N,-,o"o"n",--"E"a".~te"-r"n"-,S"t"a,,nd=a""r,,d,-_ _ _ _ _ _ _ _ _ time . 11
To the _1!l9~t!!.h_ _ _ _ day of Sept"""r _-2N!!o~on!!<.,..!E;!a!:.~t=e~rn"--,S'"'t"a",nd"a",r,,d,--_ _ _ _ _ _ _ _ _ time. 12

Should the Vessel at the expiration of this Policy be at sea, or in dlstres!!I. or at a port of refuge or of call. she shall, provided previous notice be 13
given to the Underwriters, be held covered at a pro rata monthly premium to her port of destinat'lon. 14
In the went of payment by this Company for Total loss of the Vessel this Policy shall thereupon automatically terminate and all premiums paid 15
hereunder thall be fully eamed by this Company. 16
VESS},l
Thtl )!c:t Maner of this Insurance is the Vessel As per Schedyle 17
or bY-· .... (atsoever name or names the said Vessel is or shall be called, which for purposes of this insurance shall consist of and be limited to her hull; 18
launches. lifeboats. rafts, furniture. bunkers, stores, supplies. tackle. fittings, equipment. apparatus. machinery, boilers. refrigerating machinery, Insulation, 19
motor generators and other electrical machinery. 20
fn the event any equipment or apparatus not owned by the Assured is installed for use on board the Vessel and the Assured has assumed responsibility 21
therefor. it shall also be considered part of the Subject Matter and the aggregate value thereof shall be included in the Agreed Value. 22
Notwithstanding the foregoing, cargo containers shall not be considered a part of the Subject Matter of this insurance. 23
In the event that more than one vessel is insured by the policy to which these Oauses are attached, all of such Causes shall apply as though a 24
separate policy had been issued with respect to each vessel. 25
AMOUNT OF INSURANCE
AGREED VALUATION· RATE AND PREMIUM
AMOUNT
RATE PREMIUM AGREED VALUATION
INSURED HEREUNDER
t_1 000 000 CHARGE "" • 10 000 $ I 000 000 26

DEDUCTIBLE
Notwittm:anding anything in this Policy to the contrary. there shall be deducted from the aggregate of all claims (including claims under the Sue and 27
labor dause and claims under the Collision Uabnity clause) ariSing out of each separate accident. the sum of $ AS Per Sebec",' e • unless the 28
~nt results in a Total loss of the V8$:lel in which case this clause shall not apply. A recovery from other interests, however. shall not operate to 29
exdude claims under this poncy provided the aggregate of such claims arising out of one separate accident If unreduced by such recovery exceeds that 30
sum. For tM purpose of this clause each accident shall be treated separately, but it is agreed that (a) a sequence of damages arising from the same 31
accident shall be treated as due to that accident and Ib) all heavy weather damage which occurs during a single sea passage between two successive 32
ports shall be treated as though due to one accident. 33
NAVIGATION
As per the port Risk Endorsemeotoo.4, 34

35
36
37
CANCELlATION
19 of 47 party may cancel this policy by giving ten days' notice In writing; if at the option of this Company pro rata rates, if at the request of the Assured
Eithet 38
short tata. will be charged - and arrival. 39
'ERAGE
IChing the adventures and perils which this Company is contented to bear and take upon itself. they are of the waters named herein, fire, I~htning. 40
»ion on Ihipboard or elsewhere. earthquake. assailing thieves. jettisons, barratry of the master and mariners and all other like perils that shall come 41
e hurt. d!Striment OC' damage of"the 'vessel named herein. 42
s insur.. also covers loss of or damage to the vessel named herein directly caused by: 43
Accidents in loading. discharging or handling cargo, or in bunkering; 44
Accidents 10 going on or off. or while on drydocks, graving docks. ways. marine railways, gridirons or pontoons; 4S
Breakdown of motor generators or other electrical machinery and electrical connections thereto, bursting of boilers. breakage of shafts, or any 46
latent defect In the machinery or hulilexcluding the cost and expense of replacing or repairing the defective part); 47
Breakdown of or accident3 to nuclear installations or reactors not on board the vessel named herein; 48
Contact with aircraft. rockets or similar missiles. or with any land conveyance; 49
Negligence of charterers and/or repairers. provided such charterers andlor repairers are not assured(sl hereunder~ 50
Negligence of master. mariners, engineers or pUots; 51
'ided such loss or damage has not resulted from want of due diligence by the Assured, the owners or managers of the vessel. or any of them. 52
is inaurance also covers physical loss of or damage to the Vessel directly caused by governmental authorities acting for the public welfare to prevent 53
litigate a pollution hazard, or threat thereof, resulting directly from damage to the Vessel for which this Company is liable under this Policy, provided 54
l act of governmental authorities has not resulted from want of due diligence by the Assured, the Owners. or Managers of the Vessel or any 55
'Mm to prevent or mitigate IUch hazard or threat. Masters. Officers. Crew or Pilots are not to be considered Owners within the meaning of this clause 56
Jfd they hold shares In the Vessel. 57
~ERAL AVERAGE AND SALVAGE CHARGES
tneral average. salvage and special charges payable as provided in the contract of affreightment. or failing such provision. or there be no contract of 58
eightment. payable In ~cordance with the laws and usages of the port of New York. Provided always that when an adjustment according to the laws 59
usages of the port of destination is properly demanded by the owners of the cargo, general average shall be paid in accordance with same. 60
WSION UABILITY
the event the vessel named herein and/or her tow, if any, shall come into colli:sion with any other ship or vessel other than her tow, if any. and the 61
lUred in consequence of the vessel named herein being at fault shall become liable to pay and shall pay by way of damages to any other person or 62
SON: any IlUm ar sums in respect of stJch collision, this Company will pay rts proportion of such sum or sums so paid as the amount insured hereunder 63
«ta r ·reed valuation of the vessel· named herein. provided always that this Company's liability in respect of anyone such collision shall not 64
:eed th. . ..tUnt Insured hereunder. And in cases where the liability of the vessel named herein has been contested or proceedings have been taken 'to 65
t liabitity. with the consent In writing of this Company. this Company will also pay a like proportion of the costs which the assured shall thereby incur. 66
:M compeUed to pay; but when both vessels are to blame. then. unless the liability of the owners of one or both such vessels become3 limited by law, 67
m. under this Collision Liab~ity Clause shall be settled on the principle of cross-liabilities a.s if the owners of each vessel had been compelled to pay to 68
owners of the other of such vessels such one-half or other proportion of the latter'S damages as may have been properly allowed in ascertaining the 69
ance Of sum payable by or to the assured in consequence of such collision. 70
rvided that this dause shall in no case extend to any sum which the Assured or Charterers may become liable to payor shall pay in consequence of. 71
with respect to: 72
removal or disposal of obstructions, wrecks or their cargoes under statutory powers or otherwise pursuant to law; 73
inJury to roal or personal property of every description; 74
the di~harge. spillage. emission or leakage of oil, petroleum products. chemicals or other substances of any kind or description whatsoever; 75
cargo or other property on or the engagements of the vessel hereby insured; 76
loss of life. personal Injury or illness. 77
2rovided further that 7a

11 exclusions (b' and 1cJ above shall not apply to injury to any other vessel with which the Vessel hereby insured is in collision or to property on such 79
\8f vessel except to the extent that such injury arises out of any action taken to avoid, minimize or remove any discharge, spillage. emission or leakage 80
scribed In (el. and 81
2) In the event of any claim being made by Charterers under this Collision clause they shall not be entitled to recover In respect of any liability to 82
1ich the Owners of the Vessel hereby lnsured. if interested in this Policy at the time of the collision in question, would not be subject. nor to a greater 8a
tent than the Shipowners would be entitled in such event to recover. 84
JEAHDLABOR
cue of any loss or misfortune it shall be lawful and necessary for the Assured. their factors. servants and assigns. to sue, labor and travel for. in 85
d about the defense, safeguard and recovery of the vessel named herein, or any part thereof. without prejudice to this insurance, to the charges whereof 86
is Company will contribute as hereinafter provided. It is agreed that the acts of the Assured or this Company, or their agents, In recovering, saving and 87
eservinc- .... property insured in case of disaster shall not be considered a waiver or an acceptance of an abandonment, nor as affirming or denying any 88
blity UI. his poticy: but such acts shall be considered U done for the benefJt of all concemed. and without prejudice to the rights of either party. 89
20 of 47
IOPORTlON OF LOSSES COVERED

, the event of expenditure under the Sue and Labor Oause. this Company will pay the proportion of such expenses that the Amount Insured hereunder 90
ItS to the ~ Valuation of the vessei named herein, or that the Amount Insured hereunder. less loss and/or damage payable under this policy. bears 91
the actual value of the salved ve.ssel. whichever proportion shall be less. 92
Nhen 1: .ntributory value of the vessel named herein is greater than the agreed valuation stated herein the liability of this Company for general 93
erage Ctr.. .tibution (except in respect of amount made good to the vessel) or salvage shall not exceed that proportion of the total contribution due from 94
It vessel that the amount Insured hereunder bears to the contributory value; and if because of damage for which this Company is liable as particular 95
erage the value af the vessel has been reduced for tM purpose of contribution. the amount of the particular average claim under this policy shaIl be 96
ducted from the amount Insured hereunder and this Company shall be liable only for the proportion which such net amount bears to the contributory 97
~ ~
Mth respect to physical loss or damage to the vessel named herein this Company shall be liable only for such proportion of such loss or damage as 99
e amount insured hereunder bears to the agreed valuation. 100
If daim for totat loss ls admitted under this policy and sue and labor expenses have been reasonably incurred in excess of any proceeds realized or 101
.Iue recovered. the amount payable under this policy will be the proportion of such excess that the amount insured hereunder (without deduction for loss 102
damage) bears to the agreed valuation or the sound value of the vessel named herein at the time of the accident. whichever value was greater. 103
"event of damage. cost of repairs to be paid without deduction of one-third, new for old. 104
OTIACATION OF LOSS
Warranted that in case of any casualty or loss which may result in a claim under this policy the Assured shall give this Company prompt notice thereof 105
,d reasonable opportunity to be represented on a survey of the damage. each party to name a surveyor. which two surveyors shall proceed to draw 106
)f!CirlCations as to the extent of the damage and the work required to make the damage good. if the two surveyors agree. such specifications shall be 107
nding on both this Company and the Assured, subject nevertheless to policy terms and conditions and tho question of whether or not the disaster and lOa
lSufting loss or damage are covered by this policy. -In the event the two surveyors cannot agree. they must select an umpire. and in the event they 109
mnot agree upon an umpire. either party hereto may apply to the United States District Court for the district in which the home port of the vessel named 110
arein is located for the appointment of an umpire, pursuant to the United States Arbitration Act. The decision of the umpire so appointed shall have the 111
Ime force and effect as tho specifications aforesaid. When specifications have been drawn in either of the modes aforesaid. if the Company shall be 112
isAti4fled with the terms which the Assured may obtain for the repair of the damage as specified by said survey, then this Company may require the 113
JrV8Y'OC'a or the umpire to aubmit the specifications prepared as aforesaid to such shipyard. repair men, boat builders and shipwrights. as may be selected 114
., such lUrVeyOC'I or the umpire. with a request for bids for luch repairs. tf after reception of such bids. the Assured shall elect to accept some other bid 115
tan that of the lowest bidder. this Company shall be liable only for its proportion of so much of the sum actually expended to effect repairs specified by 116
'Ie .aurvoyOf'S for its account as does not exceed said lowest bid. In no event, however. shall this Company respond for an amount in excess of its propor- 117
on of the amount actually expended by th" Assured effecting such repairs. 118
'AYMENT OF LOSS
In cas..: ns. such loss to be paid in thirty days after satisfactory proof of loss and interest shall have been made and presented to this Company,. 119
:he amount of any indebtedness due this Company from the As.3ured or any other party interested in this policy· being first deducted). 120
Upon making payment-under this policy the Company shall be vested with all of the Assured's rights of recovery against any person, corporation, 121
-eueI or interest and the Assured shall execute and deliver instruments and papers and do whatever else Is necessary to secure such rights. 122
GENERAL CONDITIONS
Any agreement. contract or act, past or Mure, expressed or implied. by the Assured whereby any right or recovery of the Assured against any vessel. 123
)Orson or corporatJon ls released. decreased, transferred or lost which would. on payment of claim by this Company. belong to this Company but for 124
IUCh agreement. contract or act: shall render this policy null and void as to the amount of any such claim. but only to the extent and to the amount that 125
laid agreement. contract or act releases. decreases. transfers, or causes the loss of any right of recovery of this Company•. but the Company's right to 126
·otain or recover the full premium shall not be affected. 127
This Company shall have the option of naming the attorneys who shall represent the Assured in the prosecution or defense of any litigation or 128
18gOtiations between the Assured and third parties concerning any claim, loss or interest covered by this policy. and this Company shall have the direction 129
)f lOch litigation or negotiations. if the Assured shall fail or refute to settle any Claim as authorized by the Company. the liability of the Company to the 130
I\ssured shall be limrt;ed to the amount for which setdement could have been made. 131
It is a concfrtlon of this policy that no suit. action or proceeding for the recovery of any claim for physical los$ of or damage to the vessel named 132
tlereln shall be maintainabfe In any court of law or equity unless the same be commenced within twelve (12) months next after the calendar date of the 133
happening of tho physical loss or damage out of which the said claim arose. Provided. however. that If by the laws of the state within which this policy is 134
Iaaued lOch limitation ls invalid. then any such claim shall be void unless such action, suit or proceeding be commenced within the shortest limit of 135
time permitted. by the laws of such state, to be f[xed herein. 136
It Is • condition of this insurance that this Company Shall not be liable for unrepaired damage in addition to a total or constructive total loss. 137
No rec.".,ery for a construetive total loss shall be had hereunder unless the expense of recovering and repairing the vessel named herein shall exceed 138
the agreed valuation. 139
Inof
21 acertaining
47 whether the vessel named herein is 8 constructlve total loss the agreed valuation shall be taken as the repaired value. and nothing 140
in respect of the damaged OC' break up value ~ the vesset or wreck shall be taken into account. 141
the event of total or constructive total loss, no e._.•l to be made by this Company for freight. whether notic..... r abandonment has been given or not. 142
ny deviation beyond the navigation limits provided herein shalt void thls policy; but on the return of the veuel In a seaworthy condition. within the 143
ts heteln provided. this policy shall r~attach and continue in full force and effect. but in no case beyond the termination of this P<llicy. 144
{atran( . ""V the Assured that there shall be no other insurance covering physical loss or damage to the vessel named herein other than that which 145
)tovid~ lines 40 thrOU1jh 57 hereof but permission is granted to carry other insurance of whatever kind or nature not covered by this policy or
i 146
litionat amounts of i'\aurance of the kind or nature covered by this policy other than as provided in lines 40 through 57. 147
his i\surance shall be void In case this policy or the vessel named herein. shall be sold, assigned. transferred or pledged. or if there be any change 148
nanagement or charter of the vessel. without the previous consent In writing of this Company. 149
lotwithstanding anything to the contrary contained in this policy, this insurance is warranted free from any claim for loss. damage or expense 150
lsed by or resulting ftom capture. seizure, arrest, restraint or detainment or the consequences thereof or of any attempt thereat, or any taking of the 151
iseT. by requisition or otherwise. whether in time of peace or war and whether lawful or otherwise; also from all consequences of hostilities or warlike 152
!rations (whether there be a declaration of war or noU. but the foregoing shall not exclude collision or contact with aircraft, rockets or similar missiles, 153
with any fixed or floating object (other than a mine or torpedo), stranding, heavy weather. fire or explosion unless caused directly (and independently 154
the nature of the voyage or service which the vessel concerned or. in the case of a collision. any other vessel involved therein, is· performing) by a 155
Jtile act by or against a belligerent power, and for the purpose of this warranty ·power· includes any authority maintaining naval. military or air forces 156
usoclation with a power; also warranted free, whether in time of peace or war, from aU loss, damage or expense caused by any weapon of war employing 157
lmic or nuclear fission and/or fusion or other reaction or radioactive force or matter. 158
urther warranted free from the consequences of civil war, revolution, rebellion. insurrection, or civil strife arising therefrom. or piracy. 159
I war risks are hereafter insured by endorsement on the policy. such endorsement shall supersede the above warranty only to the extent that their 160
ms are inconsistent and only while such war risk endorsement remains In force. 161
Narranted free of lou or damage in consequence of strikes, lockouts, political or labor disturbances. civil commotions, riots. martial law. military or 162
urped power or malicious acts. 163
22 of 47
Protection an . Indeninity Policy

lan Marine Insurance
~CE Us.4 Company
emni~@surance Company' or North America
10 attached to and form a part of Policy No. HU ..::22::;0,,0:.:86:::..._ _ _ _ _ _ _ 0 f the Indennity Insurance COfTlXIny of North America
terms and conditiON af the foUowlng datlsss are to be regarded as substituted for thO$e of the polley form to which they are attached. the laner
g ooeby waived. except provWons required by law to 1M Inserted 1n this Poticy. All captions are IMarted only for purposes of reference and shell not
:sed to Interpret the d8llses to which they apply.
lURED
,is Polley insures lay Office of patrick Gs patel
850 HE 3 Street • #208 2
pania. fL 33410 hereinafter referred to as Assured. J
is PAYEE
,ss. H any, shall be payabte to ...oA"'s"su"'r...,ed"'-"o"r-'O"'r"d"e...r_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ 4
5
or order. 6
1M
=rom the _.J',,2CJ:tJlh_ _ _ _ _ _ _ _ _ day of $epteaber ....2!lO2..-. Noon Eastern Standard time 7
o the 19th day of September ~. Noon Eastern StaMard time. 8
.old the Vessel at the expiration of this Policy be at sea, or in distress, or at a port of refuge or call, she shall. provided previous notice be given 9
:his Company. be held covered at a pro rata monthly premium to her port of destination. 10
SSEL
• Subject Matter of this insurance is the Vessel AS per SCherf,,1 e or by what.soever name or names the said vessel is or shall be called. 11
:he event that more than one vessel is insured by the Policy to which these Clauses are attached. all of such Clauses shall apply as though a separate 12
icy had'" -., issued with respect to each vessel. 13
ftOUNT· •• SURED HEREUNDER $_'4l'OIllOlLO"O"'OIllO_ _ _ _ _ _ _ _ _ _ _ _ _P,REMIUM $_luDJ<c"'I""dllJed"'-_ _ _ _ _ _ _ _ _ __ 14
IVERAGE
conaIderation of the premium and subject to the warranties. terms and conditions herein mentioned. this Company hereby undertakes to pay up to 15
I amount hereby Insured and in conformity with lines 4. 5 and 6 hereof. such sums as the Assured. as owner of the insured vessel shall have become 16
ally Hable to pay and shall have paid on account of: 17
1$ of life of, or Injury to. or illness of, any person; 18
epital, medical, or other expenses necessarily and reasonably incurred in respect of loss of life of. injury to. or illness of any member of the crew 19
the vessel named herein; 20
IS of, 0( damage to. or expense in conn6Ction with any fixed or movable object or property of whatever nature; 21
oats Of expenses of. or incidental to. the removal of the wreck of the vessel named herein when such removal is compulsory by law; provided. however. 22
It t:here IhaII be deducted from such claim the value of any salvage recovered from the wreck by the Assured; 23
lOS and penatties. including expenses reasonatHy incurred in attempting to obtain the remission or mitigation of same. for the violation of any of the 24
'IS of the United States. or of any state thereof. or of any foreign country; provided. however. that this Company shall not be liable to indemnify 25
I Assured against any luch fines or penalties resulting directly or indirectly from the failure. neglect. or default of the Assured or his managing 26
ficer or managing agents to exercise the highest degree of diligence to prevent a violation of any such laws; . 27
1m and expenses. incurred with this Company's approval. of Investigating andlor defending any claim or suit against the Assured arising out of a 28
bUity or en alleged liability of the Assured covered by this policy. 29
(CLUSIONS AND DEDUCTIBLES

ltwithstandtng the foregoing this Company will not pay for~ 30
The first $ AS Per Scherb!! e of claims covered by lines 18. 19.20.28 and 29 nor for the first $ As Per Sched. 31
of claims covered by any other part of this policy. but. in no event shall the deductible exceed $ As Per Scheel. each occurrence. 32
iFor the purpose of this clause. each occurrence shall be treated seperately. but a series of claims hereunder arising from the same occurrence shall 33
be treated as due to that occurrent::e.); 34
Any loss, damage, expense or claim collectible under the MA-14916a 35
form of policy. whether or not the vessel named herein Is actually covered by such Insurance and regardless of the amount thereof: 36
)IS of. Image sustained by 'the vessel named herein or her tackle. apparel. furniture. boats. fittings, equipment. stores. fuels. provisions or 37
'P\J<tena. .•-" 38
)$I resulting from cancellation of charters. non-collectbility of freight. bad debts. insolvency of agents or others. salvage. general average. detention. 39
'" of use or demurrage of the vesset named herein; 40
23 of 47
EXCLUSIONS (Continued)
, lou damage expense or claim with respect to any vessel or craft in tow of the vessel named herein and/or cargo thereon; provided this exclusion shall not 41
tv to salvage services rendered in an emergency to a ship or vessel in distress, nor to loss of life and/or injury to, or ilInes:!! of any person; 42
-
, claim ss of. damage to, or expense in respect of cargo on board the vessel named herein; 43
, daim atiling directly or Indirectly under the Longshoremen's and Harbor Workers' Compensation Act or any workmen's compensation act of any state or
I liability assumed by the Assured beyond that imposed by law: provided. however. that if by agreement, or otherwise, the Assured's legal liabmty is
sened, then this Company shall receive the benefit of such les!Sened liability;
.
44
46
47
Any obUgation to any country or political subdivision thereof for the costs of clean-up of oil or other substances; 48
.• Any judgment obtained against the Assured for the costs of clean-up of oil or other substances by a third party requiring the Assured to indemnify such 49
third party against sums paid to any country or political subdivision thereof; 50
I, Any costs or expense Incurred by the Assured in investigating or defending any claim or suit arising out of any liability or alleged liability occurring in 51
connection with Paragraphs 1 or 2 above; 52
'. Further. this Policy does not Insure any sums expended voluntarily by the Assured for the costs of clean-up of oil or other substances; 53
idler shall this Policy Insure against any fine or penalty of any kind or nature whatsoever levied against the Assured in consequence of actual or potential 54
charge. spilling. leaking, pumping. pouring. emitting. emptying, or dumping of oil or other substances; 55
'f loss. damage or expense sustained by reason of any taking of the vessel by requisition or otherwise, civil war, revolution, rebellion. or insurrection. 56
civil strife arising thetefrom, capture. seizure, arrest, restraint or detainment, or the consequences thereof or of any attempt thereat; or sustained 57
consequence of military, naval or air action by force of arms; or sustained or caused by mines or torpedoes or other missiles or engines of war. 58
I8ther of enemy or friendly otigin; or sustained or caused by any weapon of war employing atomic fission or atomic fusion or radioactive material; or 59
Itained In consequence of plaCing the vessel in jeopardy as an act or measure of Waf taken in the actual process of a military engagement. including 60
,barking or disembarking 1roops or material of war in the immediate zone of such engagement; and any such loss. damage and expenlSe shall be 61
:!uded from this Policy without regard to whether the Assured's liability in relSpect thereof is based on negligence or otherwise, and whether in time 62
peace or war. 63
:NERAL CONDITIONS
Irfanted that in the event of any occurrence which could result in a claim under this policy the Assured promptly will notify this Company upon 64
:eiving notice thereof and forward to this Company as soon as practicable all communications, proces:ses, pleadings or other legal papers or 65
cuments relating to such occurrence. 66
~er required by this Company. the Assured shall aid in securing information and evidence and in obtaining witnesses and shall cooperate with 67
a Company in the defense of any daim or suit or in the appeal from any judgment. 68
.is Cor . shall have the option of naming the attorneys who shall represent the A:ssured in the prosecution or defense of any litigation or 69
gotiatlOt.... oetween the Assured and third parties concerning any claim covered by this policy, and shall have the direction of su.ch· litigation 70
negotiations. If the Assured shall fail or refuse to settle any claim as authorized by this Company, the liability of this Company shall be limited to 71
I amount for which settlement could have been made. The Assured shall at the option of this. Company permit this Company to conduct with an 72
torney of this Company'. selection. at this Company's cost and expense and under its exclusive control, a proceeding in the Assured's name to limit 73
• Assured". liability to the extent, and in the manner provided by the present and any future statutes relative to the limitation of a shipowner's liability. 74
lbility hereunder in respect of loss, damage. cost:s, fees, expense:s or cfaims arising out of or in consequence of anyone occurrence is nmited to 75
e amount hereby insured. (For the purpose of this clause each occurrence shall be treated separately, but a series of claims hereunder arising 76
:m1 the same occurrence shall be treated as due to that occurrence.) 77
\0 Assured shall not make any admission of liability, either before or after any occurrence which could result In a claim for which this Company may 78
I llabla. The Assured shall not lnterlere in any negotiations of this Company. for settlement of any legal proceedings in relspect of any occurrence 79
r which this Company may be liable under this policy; provided, however, that in respect of any occurrence likely to give rise to a claim under this 80
"fey, the Assured is obligated to and shall take such steps to protect his andlor the Company's Interests as would reasonably be taken in the absence 81
· this or aimUar Insurance. 82
:»On making payment under this policy this Company shall be vested with all of the Assured's rights of recovery against any person. corporation, vessel 83
· interest and the AssUred shall execute and deliver such instruments and papers as this Company shall require and do whatever else Is necessary to 84
tCUre such tights. 85
o action; thall tie against this Company for the recovery of any loss sustained by the Assured unless such action is brought within one yeM after 86
re entry of any f"mal judgment or decree in any litigation against the Assured. or in the event of a claim without the entry of such final judgment or 87
scree. unless such action is brought within one year from the date of the payment of such claim. 88
a daim or demand against this Company under this policy shall be assigned or transferred. and no person shall acquire any right against this 89
ompany by virtue of this Insurance without the express consent of this Company. 90
Is expressly understood and agreed if and when the A:ssured has any interest other than as a shipowner in the vessel named herein. in no event 91
un this Company be liable hereunder to any greater. extent than if the Assured were the sole owner and entitled to petition for limitation of 92
Ibtlity In accordance with present and future law. 93
/here the Assured is, irrespective of this policy, covered or protected against any loss or claim which would otherwise have been paid by this 94
ompany, under this po!fey, there shall be no contribution or participation by this Company on the basis of excess, contributing, deficiency, concurrent. 95
r doublo Insurance or otherwise. 96
he navJgation limits in the policy covering the hull. machinery, etc. of the vessel named herein are considered incorporated herein. 97
his inswance shall be void in case the vessel named herein, or any pan thereof, shall be sold, transferred or mortgaged. or if there be any change 98
f man.,.. nt or charter of the vessel, or if this policy be assigned or ptedged, without the previous consent In writing of this Company. 99
ither p&. • may cancel this policy by giving ten days' notice in writing; if at the option of this Company pro rata rates, if at the request of the Assured 100 '
hart rates. wiU be charged .. and arrival. 101
24 of 47
Law Office of Patrick G. Patel

HU 220086
Schedule of Vessels
Endorsement No.1
Hull Value/ Hull P&I P&I

Vessels Amount Insured D/A Limit I!LA Navigation
All Donated Vessels $1,000,000 See Below $1,000,000 See Below Port Risk
Any One Vessel
In Inventory
$1,000,000
Any One Timel
Any One Location
DEDUCTIBLES:
Hull DeductibIes shall be 1% of Hull Value each and every loss with a minimum of $5,000 per occurrence.
P&I Deductibles:
Bodily Injury - $2,500 each and every loss per occurrence
Property Damage Deductible shall be 10/0 of Hull Value each and every loss with a minimum of $5,000 per occurrence.
25 of 47
RT O( lUCY NO. HU N0895957 002 OF THE INDEMNITY INSURANCE COMPANY OF NORTH AMERICA
UEDTO Law Offices
Endorsement No. 14
~CTIVE: 09/19/2004
It is hereby understood and agreed that in consideration of a deposit premium of $1 0,000.00 to be adjusted
based on an annual hull rate of$1.00 and a P&I rate of .35, this policy is extended for a.period of one year
from September 19, 2004 through September 19, 2005.
It is further agreed that the policy number for this term of insurance is amended to read HU N0895957 002.
ALL OTHER TERMS, CONDITIONS AND VALUATIONS REMAINING UNCHANGED
26 of 47
Commercial Marine Policy Declarations ace usa

:;ompany: Indemnity Insurance Co of North America
3YM: HU Policy 10: N00895957 Office Atlanta
.aw Office of Patrick G Patel
~p/
J/
'lamed Insured & Mailing Address: Producer's Name & Address:
ROYAL MARINE UNDERWRITERS INC
580 Newark nue

Jersey Cit, J 07306 -r Y. I?
8300 EXECUTIVE CENTER DRIVE
MIAMI, FL 33166
JF
Producer Code 227475
General Policy The Named Insured Is: Law Office of Patrick G. Patel
Information 580 Newark Avenue, Jersey City, NJ 07306
Business Description: Vessel Donation
Policy Period:
When Coverage Begins: 09/19/2003 Noon, Eastern Standard lime
When Coverage Ends: 09/19/2004 Noon. Eastern Standard Time
In return for the payment of the premium and subject to all the terms of this policy, we
agree with you to provide the insurance as stated in this policy.
The Premium for this policy is indicated below next to the applicable Coverage Part(s).
Coverage Fonn Premium

Hull $ 10,000
P&I $ INCLUDED
$_-------
$_-------
$---------------
$---------------
$_-------
$
----------------:T=-o..,.ta-:I-=P,-re-mium: $ -1-;-:0,..,0=:0;":0,.--:-------
Attached Forms RACE, Chemical, Biological, Bio-Chemical, Electromagnetic Weapons Exclusion, Hostile Acts
Exclusion, Name/Address Change
Authorization Countersigned At: Miaml,FL

Information Date: September 19, 2003
Authorized Company
Representative:
This Declaration together with Coverage Form(s), Forms and Endorsements, If any,
Issued to a part thereof, complete the above numbered policy.
27MH-1050
of 47
.,
'YM.{
I
ace usa
) Policy ID: N00895957
Endorsement THE ONLY SIGNATURES APPLICABLE TO THIS POLICY ARE THOSE REPRESENTING
nfonnation 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.
INDEMNITY INSURANCE COMPANY OF NORTH AMERICA

1601 Chestnut Street, P.O.Box 41484, Philadelphia, Pennsylvania 19101-1484
ACE INDEMNITY INSURANCE COMPANY

ACE AMERICAN INSURANCE COMPANY

ACE PROPERTY AND CASUALTY INSURANCE COMPANY

INSURANCE COMPANY OF NORTH AMERICA

PACIFIC EMPLOYERS INSURANCE COMPANY

ACE INSURANCE COMPANY OF ILLINOIS

525 W, Monroe Street, Suite 400, Chicago, Illinois 60661
ATLANTIC EMPLOYERS INSURANCE COMPANY

55 Haddonfield Road, Suite 210, Cherry Hill, New Jersey 08002
ACE INSURANCE COMPANY OF THE MIDWEST

120 N, 9th Street, Richmond, Indiana 42374
ACE INSURANCE COMPANY OF OHIO

5005 Rockside Road, Independence, Ohio 44131
ACE INSURANCE COMPANY OF TEXAS

6600 Campus Circle Drive, Suite 300, Irving, Texas 75015
/1._ __ .
/~ ./.I~4A- ~~
GEORGE D. MUWGAN. secre'.~ (J SUSAN RIVERA. President
28 of 47
fARINE POLICY
lENEWAL CERTIFICATE
ace usa
lame! ,lured I7fid~rsement Number
ottrce ~Oj
aw
'oliey Symbol
IU
of Patrick G. Patel
I Poliey Number
N00895957
I
Policy Period
09/19/2003 - 09/19/2004
I Effective"Date of Endorsement
09/19/2003
ssued By (Name of Insurance Company)
1demnity Insurance Co of North America
.eneral Policy Policy Period: September 19, 2003 - September 19, 2004
nformatlon
Business Description: Vessel Donation
When Coverage Begins: Noon, Eastem Standard Time
When Coverage Ends: Noon, Eastem Standard Time
Your policy is renewed for the policy period shown.
Our Coverage limits and all other facts shown on the original policy Declarations remain
unchanged unless a revised Declarations page is attached to this renewal certificate as indicated
below.
Renewal Premium: $ 10,000
Revised Deciarations page attached: Yes I:8J No 0

Other Forms As Per Decierations Page
Attaer"
Additional
Information
Authorization Countersigned At: Miami, FL

Infol'T"'''~on
Date: September 19, 2003
Authorized Company Representative:
29 of 47
· Named Assured Endt't Number

Law OffIce of Patrick G. Patel
>' .
11
.. . 1urance Company Policy No. Sec End't Elf. Dl

Indemnity Insurance Company of North America HU 09/1912003
N00895957
INSTITUTE EXTENDED RADIOACTIVE CONTAMINATION EXCLUSION CLAUSE 11/01/02
This clause shall be paramount and shall override anything contained in Ihis insurance inconsistent Iherewilh.
1. In no case shailihis insurance cover loss damage liability or expense directly or indirectly caused by or
contributed to by or arising from
1.1 ionizing radiations from or contamination by radioactivity from any nuclear fuel or from any
nuclear waste or from the combustion of nuclear fuel
1.2 Ihe radioactive, toxic, explosive or olher hazardous or contaminating properties of any
nuclear installation, reactor or olher nuclear assembly or nuclear component Ihereof
1.3 any weapon or device employing atomic or nuclear fission andlor fusion or olher like
reaction or radioactive force or matter
1.4 Ihe radioactive, toxic, explosive or olher hazardous or contaminating properties of any
radioactive matter. The exclusion in Ihis sub-clause does not extend to radioactive
Isotopes, olher Ihan nUcl.ear fuel, when such isotopes are being prepared, carried, stored,
or used for commercial, agricultural, medical, scientific or other similar peaceful purposes.
RADIOACTIVE CONTAMINATION EXCLUSION CLAUSE

(U.SA ENDORSEMEND
This Insurance is subject to Ihe Institute Extended Radioactive Contamination Exclusion Clause 1" November, 2002,
provided Ihat
if fire is an insured peril

and
where Ihe subject matter insured or, in Ihe case of a reinsurance, Ihe subject matter insured by Ihe original
Insurance, Is wilhln Ihe U.SA, its islands, onshore territories or posseSSions
and
a fire arises directly or indirectly from one or more of Ihe causes detailed in Sub-Clauses 1.1, 1.2, and 1.4 of Ihe Institute
Extended Radioactive Contamination Exclusion Clause 1" November, 2002 any loss or damage arising directly from Ihat
fire shall, subject to Ihe proviSions of Ihis insurance (reinsurance), be covered, EXCLUDING however any loss damage
liability or expense caused by nuclear reaction, nuclear radiation, or radioactive contamination arising directly or indirectly
from Ihat fire.
CHEMICAL. BIOLOGICAL, BIO-CHEMICAL. ELECTROMAGNETIC WEAPONS EXCLUSION CLAUSE
This clause shall be paramount and shall override anything contained In this Insurance Inconsistent therewith
·wlth effect from March 1,2003.
In no case shailihis insurance cover loss, damage, liability or expense directly or indirectly caused by or contributed
to or arising from an actual or Ihreatened act Involving a clhemical, biological, bio-chemical or electromagnetic
weapon, device, agent or material when used in an Intentionally hostile manner.
~L OTHER TERMS, CONDITIONS AND VALUATIONS REMAINING UNCHANGED
30 of 47
Named Assured Endrt Number

law Office of Patrick G. Patel 12
--jUrance Company Policy No. Sec End't Eff. Dt.

Jemnlty Insurance Company of North America HU 0911912003
N00895957
HOSTILE ACTS EXCLUSION
This clause sball be paramount and shall override anything contained in this policy or any of its endorsements
inconsistent therewith:
it is understood and agreed that this insurance does not apply to any liability for, or any loss, damage, injury or expense caused
hy, resulting from or incurred by reason of anyone or more of the following:
a. capture, seizure, arrest, taking, restraint, detainment, confiscation. preemption, requisition or naturalization, or the
consequences thereof or any attempt thereat, whether in time of peace or war and whether lawful or otherwise;
b. hostilities or warlike operations (whether there be a declaration of war or not), but the phrase "hostilities or warlike
operation (whether there be a declaration of war or not)" shall not exclude collision or contact with aircraft, rockets or
similar missiles or with any fixed or floating object, stranding, heavy weather, fire or explosion unless caused directly
(independently or the nature of the voyage or service which the watercraft concerned or in the case of a collision, any
other vessel involved herein, is performing) by a hostile act by or against a belligerent power; for the purpose of the
foregoing, power includes any authority maintaining naval, military or air forces in association with a power. In
addition to the foregoing exclusions, this insurance shall not cover any loss, damage or expense to which a warlike
act or the use of military or naval weapons is a contributing cause, whether or not the Insured's liability therefor is
based on negligence or otherwise, and whether in time of peace or war. The embarkation, carriage and
disembarkation of troops, combatants, or material of war, or the placement of the watercraft in jeopardy an act or
measure of war taken in the actual process of a military engagement, with or without the consent of the Insured, shall
be considered a warlike act for the purpose of the Policy;
c. the consequences of civil war, revolution, rebellion, insurrection, military or usurped power, the imposition of martial
law, or civil strife arising therefrom, or piracy; or from any loss, damage or expense caused by or resulting directly or
indirectly from the act or acts of one or more persons, whether or not agents of a sovereign power, carried out for
political or ideological purposes, and whether any loss, damage or expense resulting therefrom is accidental or
intentional;
d. malicious acts or vandalism, strikes. lockouts. political or labor disturbances, civil commotions. riots, or the acts or
any person or persons taking part in such occurrence or disorder
e. terrorism; or any costs or expenses incurred by the Insured directly or indirectly with respect to the steps taken to
prevent, suppress, control or reduce the consequences of any actual, attempted, anticipated, threatened, suspected or
perceived terrorism; for the purpose of this endorsement, "terrorism" shall mean activities against persons,
organizations or property of any nature:
(\) That involve the following or preparation for th~ following:
8. Use or threat of force or violence;
b. Commission or threat of a dangerous act; or
c. Commission or threat of an act that interferes with or disrupts an electronic,
conununication, infonnation, or mechanical system; and
(2) When one or both of the following applies:
a. The effect is to intimidate or coerce a govemment, or to cause chaos among the civilian
popUlation or any segment thereof, erto disrupt any segment of the economy; or
b. It is reasonable to believe the intent is to intimidate or coerce a govemment, or to seek
revenge or retaliate, or to further political, ideological, religious, social or economic
objectives or to express (or express opposition to) a philosophy or ideology.
.. .~ ALL OTHER TERMS, CONDITlONS AND VALUATIONS REMAINING UNCHANGED
31 of 47
CHANGE OF INSURED'S NAME OR ADDRESS ENDORSEMENT
~",.~~~----------------------------------------~~~~~~------~
~ '~ Insured Endorsement Number

Policy Symbol IPolicy Number IPolicy Period Effective Date of Endorsement
BU IN00895957 I 09/19/2003 to 09/19/2004 10/0V2003

Issued By (Name of Insurance Company)
Indemnity Insurance Company of North America

The ebove is required to be completed only when this endorsement is issued subsequent to the preparation of the policy.
It is hereby agreed that the Policy Declarations is amended as follows:
Insured's Name changed to: Law Offices
Insured's Address changed to: 4700 N. Hiatus Road

Suite 201
Sunrise, PL 33351
AuthOrized Agent
32 of 47
ACE USA
Commercial Hull rolicy
(Amendment to MA-14916a)
,. ...
Assured: Law Office of Patrick G. Patel
Attached to Policy: HU 220086 of the Insurance Company of North America 0

or Indemnity Insurance Company of North America til
TOTAL LOSS ENDORSEMENT
In consideration of the premium charged Lines 137-142 are deleted in their entirety and are replaced
by the following wording:
There shall be no recovery for a constructive Total Loss hereunder unless the expense of recov-
ering and repairing the Vessel would exceed the Agreed Value. In making this determination, only
r
1 ,<penses incurred or to be incurred by reason of a single accident or a sequence of damages arising
tram the same accident shall be taken into account, but expenses incurred prior to tender of aban-
donment shall not be considered if such are to be claimed separately under the Sue and Labor
clause.
In ascertaining whether the Vessel is a constructive Total Loss the Agreed Value shall be taken as
the repaired value and nothing in respect of the damaged or break-up value of the Vessel or wreck
shall be taken into account.
In the event of Total Loss (actual or constructive), no claim to be made by this Company for freight,
whether notice of abandonment has been given or not.
In no case shall this Company be liable for unrepaired damage in addition to a subsequent Total
loss sustained during the period covered by this Policy.
Endorsement No.: 2
Date: 09/19/2002
/
1
33 of 47
MA-5E64a Printed In U.S.A. 8/95
PROTECTION AND INDEMNITY INSURANCE POLLUTION EXCLUSION
t :ned Insured Endorsement Number

Law Office of Patrick G. Patel 3
Portey Symbol TPO'icY Number IPolicy Period Effective Date of Endorsement
HU 220086 I 09/19/2002 to 09/19/2003 09/19/2002

Issued By IName 01 Insurance Company)
Indemnitv Insurance Comoanv of North America

The above is required to be completed only when this endorsement is issued subsequent to the preparation of the policy.
A. The coverage provided by the Protection and Indemnity Insurance of this Policy shall not indemnify the
Assured against any sum(s) paid, nor insure against any liability, with respect to any loss, damage,
cost, liability, expense, fine or penalty of any kind or nature whatsoever, and whether statutory or
otherwise, incurred by or imposed on the Assured, directly or indirectly, in consequence of, or with
respect to, the actual or potential discharge, emission, spillage or leakage upon or into the seas, waters,
land or air, of oil, petroleum products, chemicals or other substances of any kind or nature whatsoever.
COVERAGE -A
IN CONSIDERATION OF AN ADDITIONAL PREMIUM OF $ INCLUDED THE ABOVE EXCLUSION CLAUSE

(P& \) SHALL NOT APPLY TO SUMS PAID, OR LIABILITY OF THE ASSURED:
1) For loss of life, or bodily injury to, or illness of, any person; or
2) For loss, damage or expense to any cargo or property carried on board the insured Vessel(s); or
3) For loss, damage or expense to any cargo or property on board any other vessel or contained or stored
ashore unless such sums are paid, or liability imposed, as a result of contact of such cargo or property
with oil, petroleum products, chemicals or other substances of any kind or nature whatsoever ariSing in
consequence of their sudden and accidental discharge, emission, spillage or leakage upon or into the
seas, waters, land or air; or
4) For contamination of any cargo or property resulting from the pumping of oil, petroleum products,
chemicals or any other substances of any kind whatsoever directly into any other vessel, or between
tanks of the insured Vessel(s), or into storage tanks or receptacles ashore or elsewhere.
COVERAGE - B
(APPLICABLE ONLY TO VESSELS OF LESS THAN 100 GROSS REGISTERED TONS)
In the event the insured vesse\(s) is less than 100 Gross Registered Tons and in consideration of an
additional premium in the amount of $ tpasions named in Paragraph A are waived,
subject to the deductible named in the protectione e ity Policy and the Limit of Liability and
Definition named in Paragraph B below, exceptg ere e no coverage herein for any fine or penalty
of any kind in consequence of, or with resp , actual or potential discharge, emission, spillage,
leakage upon or into the seas. waters, land or air, oil, petroleum products, chemicals or other substances
of any kind or nature whatsoever.
LIMIT OF LIABILITY
B. 1. In the event the vessel insured is an "inland oil barge" as defined below, the Limit of Liability under
this endorsement shall be $125.00 per gross registered ton subject, nonetheless to $125,000
maximum (per vessel) for insured losses incurred under the Clean Water Act of 1977 Amendments
to Section, 311 of the Federal Water Pollution Act.
Definition of an "inland oil barge" - A non-self A e d vessel carrying oil in bulk as cargo and
certified to operate only in the inland waters ~~d States, while operating in such waters.
2. The Umit of Liability under this endors~~ ~o~~ insured vessel, other than an "inland oil barge"
shall be $150.00 per gross registered t if the insured vessel is carrying oil or hazardous
substances as cargo then the Limit of 1I
ility is $150.00 per gross registered ton subject to a
maximum of $250,000 (per vessel) for insured losses incurred under the Clean Water Act of 1977
34 of 47 Amendments to Section 311 of the Federal Water Pollution Act.
'Ain OF POLICY NO. HU 220086 OF THE INDEMNITY INSURA· ." COMPANY OF NORTH AMERICA
ISSUED TO Law Office of Patrick G. Patel
Endorsement No. 4 - Revised
EFFECTIVE: 09/19/2002
PORT RISK WARRANTY
In consideration of the premium charged, the following limits on use shall apply:
Warranted insured yacht(s) are confined to port, located at (as per submitted monthly
reports)
1310 Lee Street 202 North Highway 27

Ft. Meyers, FL .33901 Somerset, KY 42503
however, for the purpose of vessel demonstration, service or maintenance, navigation is

granted within a twenty (20) mile radius of the port risk locations.
It is further warranted that navigation of the vessel(s) for the above purposes shall be
conducted by the insured or a licensed captain.

35 of 47
PORT RISK WARRANTY
Nt "Insured Endorsement Number
4
Policy Symbol Policy Nu ber Policy Period
Ht7 220086 09/19/2002 to 09 19 2003
Issued By (Name of Insurance C pany)
Indemnit Insurance C an of North America
Insert the policy number. The remainder of information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.
In consideration of the premium c rged, the following limits on use shall apply:
o Warranted insured yacht confine to port, located at _ _ _ _ _ _ _ _ _ _ _ _ _-:-:--:-_:----:--_

in . Navigation is not
pe-rm~itt7e-d7.----------~--------------------
iii Warranted insured yacht is confined to p rt, located at ~t~o~b~e~d:!Ce!:.t=.e!::.rmi~:!;n~e"'d'____ _ ___:_---_::___:_

in Dania, Florida ; however, for the
purpose of vessel demonstration, service 0 maintenance, navigation is granted within a 20 mile
radius of ort risk locations . It is further
warranted that navigation of the vessel for the bove purposes shall be conducted by the insured or·a
licensed captain.
ALL OTHER TERMS AND CONDITION EMAIN UNCHANGED.
'.
Authorized Agent
36 of 47
'ART OF POUCY NO. 1m 220086 OF THE INDEMNITY INSURA' ", COMPANY OF NORTH AMERICA
SSUED
," ,TO Law Office of Partick G. Patel
Endorsement No. 5
,FFECTIVE: 09/19/2002
SPECIAL CONDITIONS CLAUSES
Warranted that while the insured vessels are carrying passengers for hire, there will be on
board and in charge a person who holds a valid license issued by the United States Coast
Guard that meets the legal requirements as operator of the vessel.
Warranted the insured vessels be properly licensed in accordance with the laws of the United
States, and while being used for hire the vessels shall not have on board more persons than
which they are licensed, and the vessels shall not be navigated beyond those waters
permitted by the license.
Notwithstanding anything to the contrary contained herein the coverages provided by the
Protection and Indemnity portion of this policy shall in no case cover claims the assured shall
become liable to pay on account of loss of life or injury to, or illness of any swimmers,
snorkelers, or divers while preparing to enter the water, in the water, or boarding the vessels
at the conclusion of swimming, snorkeling, or diving.
It is hereby understood and agreed that the vessels insured hereunder shall not carry
passengers. It is further agreed that crew members shall be excluded from coverage under
the Uability portion of this policy.
It is further understood and agreed that coverage provided by the Protection and Indemnity
Clauses of this policy shall in no case cover claims the assured shall become liable to pay as
a result of the sale andlor consumption of food andlor beverages.
ALL OTHER TERMS. CONDITIONS AND VALUATIONS REMAINING UNCHANGED

37 of 47
'Ain OF POLICY NO. RU 220086 OF THE INDEMNITY INSURAr 'COMPANY OF NORTH AMERICA
SSUED TO Law Office of Patrick G. Patel
Endorsement No. 6
:FFECTIVE: 09/19/2002
AIMU NUCLEAR EXCLUSION CLAUSE

HULL (April 1,1991)
Notwithstanding anything to the contrary herein, it is hereby understood and agreed that this policy
shall not apply to any loss, damage, liability or expense due to or arising out of, whether directly or
indirectly, nuclear reaction, radiation, or radioactive contamination, regardless of how it was caused.
However, subject to all provisions of this policy, if this policy insures against fire, than direct physical
damage to the property insured located within the United States, or any territory of the United States or
Puerto Rico by fire directly caused by the above excluded perils, is insured, provided that the nuclear
reaction, radiation, or radioactive contamination was not caused, whether directly or indirectly, by any
of the perils excluded by the F.e. & S. Warranty of this policy.
Nothing in this endorsement shall be construed to cover any loss. damage. liability or expense caused
by nuclear reaction, radiation or radioactive contamination arising directly or indirectly from the fire
!li' . ~oned above.

38 of 47
CHANGE OF INSURED'S NAME OR ADDRESS ENDORSEMENT
,.., ~ Insured Endorsement Number

l ,
LaW Office of Patrick G. Patel 7
Policy Symbol 1PaUcy Number JP01k:Y Period Effective Date of Endorsement
HU 1220086 09/19/2002 to 09/19/2003 09/H/2002

Issued By (Name of Insurance Company)
Indemnitv Insurance CompallY of North America

The above is required to be completed only when this endorsement is issued subsequent to the preparation of the policy_
It is hereby agreed that the Policy Declarations is amended as follows:
Insured's Name changed to:
Insured's Address changed to: 580 Newark Avenue

Jersey City, NJ 07306
Authorized Agent
39 of 47
>ART OF POLICY NO. lID 220086 OF THE INDEMNITY INSURJI' . 'E COMPANY OF NORTH AMERICA
SSUED TO Law Office of Patrick G. Patel

,,-" .....
Endorsement No. 8
In accordance with the terms and conditions of this policy, it is hereby understood and
agreed that an additional premium of $40.00 shall be due and payable to these insurers for
the following period.
December 2002
,,

40 of 47
PARTOF.POLICY NO. HU 220086 OF THE INDEMNITY INSURAf "COMPANY OF NORTH AMERICA
ISSUED TO Law Office of Patrick G. Patel

,--"
Endorsement o. 9
In accordance with t e terms and conditions of this policy, it is hereby understood and
agreed that an addition I premium of $3,720 shall be due and payable to these insurers for
the following period.
Dece ber 19, 2002 to Janauary 19, 2003
\
\
\ \.
\
'.
,
;

41 of 47
'ART OF POLICY NO. m:r 220087 OF THE INDEMNITY INSURAr ' COMPANY OF NORTH AMERICA
SSU~ttTO Law Office of Patrick G. Patel
Endorsement No. 9 Revised
:FFECTIVE: 02/04/2003
In consideration of a return premium of $3.720 it is hereby understood and ageed that

Endorsement No.9 is cancelled flat.

42 of 47
., ..
IN WITNESS WHEREOF, this Company has caused these presents to be signed by its President and attested by
its SecretarY; but this Policy shall not be valid unless countersigned by a duly authorized Agent of the Company.
~.~."'_,~ ~ R~~~~
Countersigned at _ _ _.-!'Mi!;!:!ams::iL!_F~L!:!-_......;_ this _~1~9-=t!Oh_ _ day of _.!!S.2ep~t~e::~~"~e!.=r_
43 of 47 AGENCY
Law Offices
Policy Number: HU 220086
Policy Effective Date: 1/19/02
LENGTH MANUFACTURER VESSEL NAME VALUE HULLIDNO. PORT RISK PHYSICAL LOCATION NAME
48' Ocean Victoria $300,000.00 XYU2148M1990 1242 Cordova Drive, FL Lauderdale, FI Residence
3D' Sea Ray Dolphin $ 30,000.00 SERT1467J485 1240 Cordova Drive, Ft. Lauderdale, FI Residence
988 38' Bayllner Ka-Chlng $195,000.00 BL2A41ELG889 2606 Marathon Lane, FL Lauderdale, FI Residence
1979 33' Bertram Jumping Jenney $199,000.00 B,ERH1004M79C 2040 SE 17" Street, FL Lauderdale, FI Marina One Marl,
1980 17' Yamaharrraller uNo Name" $ 15,000.00 FLZN4153K180 4700 N. Hiatus Road, Sunrise, FI Open Yard
1981 39' Shrimp Boat Nikki $ 90,500.00 FLZY2255G981 404 Rlberl., SI. Augustlme, FIiEnrote Sept St. Augustine M.
44 of 47
\~." ..
Polley Number: HU 220086
Polley Effective Date: 1/19/02
LENGTH MANUFACTURER VESSEL NAME VALUE HULL 10 NO. PORT RISK PHYSICAL LOCATION NAME
48' Ocean Victoria $300,000.00 XYU2148M1990 1242 Cordova Drive, Ft. Lauderdale Fl. Reslden..
30' Sea Ray Dolphin $ 30,000.00 SERT1467J4B5 1242 Cordova Drive, Ft. Lauderdale, FI Reslden..
38' Bayllner Ka-Chlng $195,000.00 BL2A41ELG889 2606 Marathon Lane, Ft. Lauderdale, FI Reslden..
49' Island Gypsy No Name $300,000.00 KHE49011M94 1242 Cordova Drive, Ft. Lauderdale, FI Reslden..
45 of 47
\
46 of 47
EXHIBIT "C"
47 of 47
,., .

LawONlc ••
Polley Number: HU 22~OB6
Policy Effective Date: 1/19'02
LENGTH MANUFACTURER VESSEL /lAME VALUE HULL 10 NO. PORT RISK PHYSICAL LOCATION NAME
~B' Oce8n Victoria $300,000,00 XYU214SM1g90 12.2 Cordova Dril/e. Ft. Lauderdale. FJ Residence

Residence
30' Sea Ray Dolphin $ 30,000.00 SERT1467J4S5 1240 Cordova Drive, Ft. Lauderdale, FI
1979 33' Bertram JumpIng Jenney $199,0011,00 BERHt004M79C 204Q SE 11mS'lreet. Ft. Lauderdale, FI Marina One Marina
1980 17' YamBhaITralfer "No Name" $ t5,O{)O.OO . FLZN4t53K180 470.0 N. Hralus Road, SUt'lfrSe, Ff Open Yard"
1981 39' Shrimp Boat Nikki $ 90,500.00 FLZY2255G981 404 RI berra, SL AugusUme, FL'Enrote Sept. St. Augustrne Marrna

INT'L MARINE RESEARCH v. SANDERS MARINE TOW, Et Al IICNA Motion For Summary Judgement

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INT'L MARINE RESEARCH v. SANDERS MARINE TOW, Et Al IICNA Motion For Summary Judgement

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Case 0:05-cv-61364-KAM Document 23 FILED

FORT LAUDERDALE DNISION

INTERNATIONAL MARINE RESEARCH

SANDERS MARINE TOWING, INC. d/b/a

DEFENDANT, INDEMNITY INSURANCE COMPANY OF

Defendant, INDEMNITY INSURANCE COMPANY OF NORTH AMERICA,

MATERIAL FACTS NOT IN DISPUTE

1. On September 3, 2002, Law Office of Patrick G. Patel submitted an application

• McALPIN & BRAIS, P. A. •

CASE NO. 05-61364-CIV-MARRA

Warranted insured yacht(s) are confined to port, located at (as

however, for the purpose of vessel demonstration, service or

4. Lines 143-144 of the Commercial Hull Policy stated,

Any deviation beyond the navigation limits provided herein

.. McALPIN & BRAIS. P. A...

CASE NO. 05-61364-CIV-MARRA

Summary judgment is appropriate if the pleadings, depositions, answers to

B. PLAINTIFF BREACHED AND THEREFORE VOIDED THE POLICY OF

• McALPIN & BRAIS, P. A. •

CASE NO. 05-61364-CIV-MARRA

"Warranted insured yacht(s) are confmed to port, located at

"however, for the purpose of vessel demonstration, service or

• McALPIN & BRAlS, P. A.•

CASE NO. 05-61364-CN-MARRA

"Any deviation beyond the navigation limits provided herein

C. NOTICE TO AN INSURANCE BROKER IS NOT NOTICE TO THE INSURER

• McALPIN & BRAIS. P. A.•

CASE NO. 05-61364-CIV-MARRA

• McALPIN & BRAIS, P. A.•

CASE NO. 05-61364-CN-MARRA

McALPIN & BRAIS, P.A.

• McALPIN & BRAIS, P. A.•

UNITED STATES DISTRICT COURT

FORT LAUDERDALE DIVISION

INTERNATIONAL MARINE RESEARCH

SANDERS MARINE TOWING, INC. d/b/a

AFFlDAVIT OF KRISTIN SMITH

7. Lines 143-144 of the Commercial Hull Policy state,

FURTHER AFFIANT SAYETH NAUGHT.

. THE FOREGOING instrument was acknowledged before me this l!!!!.- day of

My Commission Expires: ;Pl~g

..~AMAR Commercial Hull

Application for Insufance

Loss Payable: ___________________________ Home Port: V M./'t:JUA - £/oo'a!.a;

Vear Built: ________AV-e...

Model: Hult Material: _________ # of Decks: _____-'-____________

. If design USCG- or Classification Society Approved (YIN)

Mfr,: _ _ _ _ _ _ _ _ _ __ Vear 8ull\: _ _ _ _ _ _ _ __ Horsepower: _____________

, of Engines: Gas: __________________ Oiesel:

Captain's Name: J (Jt. my .S; ,eff

'MA·'Q03S (01101) PIge'o(3

Is vessel licensed by Coast Guard 10 carl)' passengers? (YIN)

Maximum number of passengers permitted by license: "":-._ _ _ _ __ Average # carried:

Total estimated passengers carried annually:

My overnight trips (yIN) Food prepared on board? (YIN)? _ _ __

Date vessel was purchased Markel Value:$ _ _ _ _ __ Insured value:$ ________

Replacement cost: $ _ _ _ _ _ _ _ _ _ __ P&l Limit: _ _ _ _ _ _ __

Medical Payments Limit: Navigation season: _ _ _ __

ay up Ashore? (yIN) _ _ _ _ _ _ __ Whe~? ____________________ ~ __

Management (describe your experience and lime in business)

If not, explain: _____________________- - - - - - - - - - - - - - - - - - - - - -

Where and when can llesse' be inspected?

Model: Hult Material: _______ # of Decks: _-'-__________

Mfr,: _ _ _ _ _ _ _ _ _ __ Vear 8ull\: _ _ _ _ _ _ _ Horsepower: ___________

Date vessel was purchased Markel Value:$ _ _ _ _ Insured value:$ ______

ay up Ashore? (yIN) _ _ _ _ _ _ Whe~? ________________ ~