UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

In Admiralty

Case No.:

GREAT LAKES INSURANCE SE,

Plaintiff,

v.

BLUELIGHT MARKETS, INC.,

Defendant.

/

COMPLAINT FOR DECLARATORY RELIEF

Plaintiff, GREAT LAKES INSURANCE SE (“Great Lakes”), hereby sues the Defendant, 

BLUELIGHT MARKETS, INC. (“BMI”) for a declaratory judgment, and in support thereof states 

as follows:

JURISDICTION AND VENUE

1. This is an action for declaratory relief pursuant to 28 U.S.C. § 2201.

2. Great Lakes designates this as an admiralty and maritime cause within the meaning 

of Fed. R. Civ. P. 9(h). This Court has subject-matter jurisdiction pursuant to 28 U.S.C. § 1333, as 

it involves a dispute regarding a maritime contract. Great Lakes invokes the provisions of Rule 

9(h), 38(e), and 82 of the Federal Rules of Civil Procedure.

3. Venue is proper within the United States District Court for the Southern District of 

Florida pursuant to 28 U.S.C. § 1391(b) because a substantial part of the events or omissions giving 

rise to the claim occurred in this district, and because a forum-selection clause in the insurance 

policy at issue in this case designates the Southern District of Florida as the appropriate venue.

Case 1:20-cv-22480-RNS Document 1 Entered on FLSD Docket 06/16/2020 Page 1 of 11
2

4. All conditions precedent to the filing of this action have occurred, been waived, or 

otherwise complied with.

5. Pursuant to the requirements of 28 U.S.C. § 2201 and Article III, Section 2 of the 

United States Constitution, a case or controversy exists and has existed between the Parties since 

the beginning of this action, such that an action for declaratory judgment is ripe and appropriate.

PARTIES

6. At all times material to this action, Great Lakes is and was a corporation organized

and existing under the laws of Germany and is and was a wholly owned subsidiary of Munich Re

Group, with an office and principal place of business in Munich, Germany. Plaintiff Great Lakes

is and was a citizen of Germany and is registered and authorized to conduct business in London,

England.

7. Upon information and belief, at all times material to this action, BMI is and was a 

corporation organized under the laws of the British Virgin Islands with its principal place of 

business in Florida. BMI is and was a citizen of the BVI and Florida.

FACTUAL ALLEGATIONS

8. This matter involves personal injuries allegedly sustained by Goran Vuckovic, the 

captain of a 2008 86' Sunseeker, M/Y “RANNI” (the “Vessel”).

9. At all times material to this action, the Vessel was owned by BMI. The Vessel’s 

beneficial owner is and was Gustavo Ranucci.

10. Prior to Captain Vuckovic’s alleged injury, Mr. Ranucci asked Vuckovic to prepare 

the Vessel for the Ranucci family’s arrival from Argentina in February 2020.

11. In the course of preparing the Vessel, on or about January 24, 2020, Captain 

Vuckovic allegedly injured his back while lifting a water pump in the Vessel’s engine room.

Case 1:20-cv-22480-RNS Document 1 Entered on FLSD Docket 06/16/2020 Page 2 of 11
3

12. Immediately upon being notified of the injury and Vuckovic’s claim against BMI, 

Great Lakes commenced an investigation into the claim.

13. On or about August 6, 2018, Mr. Ranucci signed an application for insurance that 

he submitted to Great Lakes (the “Application”). A copy of the Application is attached hereto as 

Exhibit “A” and is fully incorporated herein.

14. On the third page of the Application, BMI was asked “Have you or any named 

operator been involved in a loss in the last 10 years (insured or not).” BMI disclosed three 

incidents, each to a vessel identified as “Allison”: a 6/23/2015 incident causing $3,489.56 in 

damage; a 9/1/2016 incident causing $14,512.85 in damage; and a 2/22/18 incident causing 

$10,000 in damage.

15. The Application also inquired as to the boating qualifications of Captain Vuckovic. 

Captain Vuckovic stated that he had a 100 Ton license.

16. The Application also requested disclosure—by both Ranucci and Vuckovic—of 

“Violations/Suspensions (Including Auto) in the last 5 years.”

17. Both Vuckovic and Ranucci indicated no such violations.

18. Each of BMI’s responses to the questions referenced in paragraphs 14-17 above 

were either false, misleading, or otherwise omitted information that was material to the risk.

19. Nonetheless, Great Lakes, then unaware of the falsity of the representations in the 

Application, issued a Private and Pleasure Yacht Insuring Agreement to BMI, with effective dates 

of August 1, 2018 to August 1, 2019 (the 18-19 Policy)

20. As the 18-19 Policy was nearing its expiration, on or about June 3, 2019, Great 

Lakes sent a renewal quote to the insured, contingent on, inter alia, the completion of a Renewal 

Questionnaire.

Case 1:20-cv-22480-RNS Document 1 Entered on FLSD Docket 06/16/2020 Page 3 of 11
4

21. On or about September 6, 2019, Ranucci signed the Renewal Questionnaire and 

submitted it to Great Lakes. A copy of the Renewal Questionnaire is attached hereto as Exhibit 

“B” and is fully incorporated herein.

22. The Renewal Questionnaire repeated many of the questions that were on the 

original Application.

23. The Renewal Questionnaire required that BMI disclose “Violations and 

suspensions (including auto) in the last five years for both Mr. Ranucci and Captain Vuckovic.

24. Both responded “None.”

25. The Renewal Questionnaire required that BMI disclose “Boating qualifications for 

which a valid license is held.”

26. Mr. Ranucci listed “None”.

27. Captain Vuckivic listed “USCG 100 Ton license”.

28. The Renewal Questionnaire required that BMI disclose “All losses in the past 10 

years (whether insured or not), including payment amounts and current status.”

29. Ranucci then listed three incidents, in 2015, 2016, and 2018, none of which had 

been disclosed on the original Application. Nor did he list any of the three incidents that were

listed on the original Application.

30. Lastly, the Renewal Questionnaire required that BMI disclose “Details of all 

criminal convictions and pleas of no contest.”

31. Both Mr. Ranucci and Captain Vuckovic listed “None” in response to that question.

32. In reliance upon the information that was provided in the Renewal Questionnaire, 

Great Lakes renewed the 18-19 Policy for the period running from August 1, 2019 to August 1, 

Case 1:20-cv-22480-RNS Document 1 Entered on FLSD Docket 06/16/2020 Page 4 of 11
5

2020 (the “19-20 Policy”). A copy of the 19-20 Policy is attached hereto as Exhibit “C” and is 

fully incorporated herein.

33. The 19-20 Policy, provides coverage Third-Party Liability to crew in the amount 

of $1 million within a combined single limit of $1 million, subject to a $2,500 deductible and other 

terms, conditions, limitations, and exclusions.

34. Following Great Lakes investigation into the Claim, however, it became clear that 

both the Application and the Renewal Questionnaire were positively rife with misrepresentations 

and omissions.

35. In fact, Great Lakes has identified at least the following ten incidents, none of 

which were disclosed:

Date Event

August 30, 2013 Ranucci was cited for speeding. His license was suspended on 3 January 2014, 

and he paid a fine of $310 on August 11. 2014.

October 9, 2013 Ranucci’s license was suspended as a result of expired registration. He paid a 

fine of $161 on August 11, 2014.

November 11, 2013 Ranucci was cited for failure to stop at a red light. His license suspended on 

December 20, 2013. He paid a fine of $293 on January 15, 2014.

January 11, 2014 Ranucci was cited for speeding and for failure to have a proper child restraint. 

He paid a fine on March 13, 2014.

April 22, 2016 Ranucci was cited for “careless operation” of a vessel in Florida and was fined 

$110. He was also cited for failure to have a registration, a misdemeanor. A 

bench warrant was issued on August 29, 2016, which was ultimately set aside 

on May 8, 2020.

July 7, 2016 A criminal charge was brought against Ranucci for speeding and reckless 

driving in North Carolina. It was reduced to “improper equipment,” apparently 

because someone else was driving the subject automobile.

November 1, 2016 Vuckovic was cited for failure to stop at a red light. He pleaded nolo 

contendere, adjudication was withheld, and he was assessed a $293 fine. His 

license appears to have been subsequently suspended for failure to pay the fine.

November 4, 2017 Ranucci was cited for speeding. He paid a $294 fine on December 2, 2017.

March 20, 2019 Goran Vuckovic was cited for operating a watercraft after dark and for failure 

to comply with registration. The latter is a criminal misdemeanor. The citations 

were dismissed or otherwise not prosecuted.

July 12, 2019 Vuckovic was cited for failure to stop at a red light. He was adjudicated guilty 

and was assessed a $293 fine. His license was suspended for failure to pay the 

fine, which was ultimately paid on December 11, 2019, after the Renewal 

Questionnaire was submitted and after the 19-20 Policy was issued.

Case 1:20-cv-22480-RNS Document 1 Entered on FLSD Docket 06/16/2020 Page 5 of 11
6

36. Furthermore, although it technically occurred after the Renewal Questionnaire was 

submitted and after the 19-20 Policy was issued, on October 10, 2019, Vuckovic was cited for 

driving on an expired driver’s licensed.

37. In addition, Vuckovic misrepresented his boating credentials. He did not have a 100 

Ton license from the United States Coast Guard, he had a 100 Ton license from Montenegro.

COUNT I – UBERRIMAE FIDEI

38. Great Lakes realleges and reincorporates the allegations set forth in Paragraphs 1 

through 37 above as if more fully set forth at length herein.

39. For hundreds of years, policies of marine insurance have been subject to the wellentrenched doctrine of uberrimae fidei, the duty of utmost good faith.

40. This duty requires that an insured fully and voluntarily disclose to the insurer all 

facts material to a calculation of insurance risk.

41. This duty to disclose extends even to material facts that are not specifically inquired 

into by the insurer.

42. The instant 19-20 Policy, as one of marine insurance, is governed by the principle 

of uberrimae fidei.

43. When it submitted both the original Application and the Renewal Questionnaire, 

BMI misrepresented, omitted, and/or concealed a number of material facts, including but not 

limited to:

a. The automobile violation history of Ranucci;

b. The automobile violation history of Vuckovic;

c. The boating loss history of Ranucci;

d. The boating loss history of Vuckovic;

Case 1:20-cv-22480-RNS Document 1 Entered on FLSD Docket 06/16/2020 Page 6 of 11
7

e. The criminal history of Ranucci;

f. The criminal history of Vuckiovic; and

g. The boating credentials of Vuckovic.

44. Great Lakes would not have issued the 19-20 Policy, would not have issued it at 

the same premium, or would not have issued it on the same terms and/or conditions, had it known 

any one or any combination of the facts regarding the Vessel set forth above.

45. Therefore, BMI breached the duty of uberrimae fidei, rendering the 19-20 Policy 

void from its inception.

WHEREFORE, Great Lakes respectfully requests this Honorable Court to adjudge and 

declare the following:

a. BMI misrepresented, concealed, or omitted facts material to the underwriting 

of the risk;

b. That such misrepresentation, concealment, or omission constituted a breach of 

BMI’s duty of utmost good faith;

c. The aforementioned breach of the duty of utmost good faith renders the 19-20 

Policy void ab initio; and

d. Grant any and other such relief this Honorable Court deems just and appropriate 

under the circumstances.

COUNT II – BREACH OF CONTRACT

46. Great Lakes realleges and reincorporates the allegations set forth in Paragraphs 1 

through 37 above as if more fully set forth at length herein.

47. General Condition m. of the 19-20 Policy provides that “This contract is null and 

void in the event of non-disclosure or misrepresentation of a fact or circumstances material to our 

Case 1:20-cv-22480-RNS Document 1 Entered on FLSD Docket 06/16/2020 Page 7 of 11
8

acceptance or continuance of this insurance. No action or inaction by us shall be deemed a waiver 

of this provision.”

48. When it submitted both the original Application and the Renewal Questionnaire, 

BMI misrepresented, omitted, and/or concealed a number of material facts, including but not 

limited to:

a. The automobile violation history of Ranucci;

b. The automobile violation history of Vuckovic;

c. The boating loss history of Ranucci;

d. The boating loss history of Vuckovic;

e. The criminal history of Ranucci;

f. The criminal history of Vuckiovic; and

g. The boating credentials of Vuckovic.

49. Great Lakes would not have issued the Policy, would not have issued it at the same 

premium, or would not have issued it on the same terms and/or conditions, had it known any one 

or any combination of the facts regarding the Vessel set forth above.

50. Therefore, BMI breached General Condition m., rendering the 19-20 Policy void 

from its inception.

WHEREFORE, Great Lakes respectfully requests this Honorable Court to adjudge and 

declare the following:

a. BMI misrepresented, concealed, or omitted facts material to the underwriting 

of the risk;

b. That such misrepresentation, concealment, or omission constituted a breach of 

General Condition m. of the 19-20 Policy;

Case 1:20-cv-22480-RNS Document 1 Entered on FLSD Docket 06/16/2020 Page 8 of 11
9

c. The aforementioned breach of General Condition m. renders the 19-20 Policy 

void ab initio; and

d. Grant any and other such relief this Honorable Court deems just and appropriate 

under the circumstances.

COUNT III – MISREPRESENTATION

51. Great Lakes realleges and reincorporates the allegations set forth in paragraphs 1 

through 37 above as if more fully set forth at length herein.

52. The Policy Application submitted by BMI contained a clause providing that “Any 

misrepresentation in this application for insurance may render insurance coverage null and void 

from inception. Please therefore check to make sure that all questions have been fully answered 

and that all facts material to your insurance have been disclosed, if necessary by a supplement to 

the application.”

53. In addition, the Renewal Questionnaire submitted by BMI contained a clause 

providing that “Any misrepresentation in this renewal questionnaire will render insurance 

coverage null and void from inception. Please therefore check to make sure that all questions have 

been fully answered and that all facts material to your insurance have been disclosed, if necessary 

by a supplement to this questionnaire.”

54. Furthermore, General Condition c. of the Policy provides that “This insuring 

agreement incorporates in full your application for insurance and together with any endorsements 

issued herein, constitutes the entire contract between us. At your request, various provisions of this 

insuring agreement may be varied by us but only by our prior written agreement.”

55. When seeking coverage for the Vessel, BMI omitted, misrepresented and/or 

concealed a number of material facts, including, but not limited to:

a. The automobile violation history of Ranucci;

Case 1:20-cv-22480-RNS Document 1 Entered on FLSD Docket 06/16/2020 Page 9 of 11
10

b. The automobile violation history of Vuckovic;

c. The boating loss history of Ranucci;

d. The boating loss history of Vuckovic;

e. The criminal history of Ranucci;

f. The criminal history of Vuckiovic; and

g. The boating credentials of Vuckovic.

56. Great Lakes would not have issued the Policy, would not have issued it at the same 

premium, or would not have issued it on the same terms and/or conditions, had it known any one 

or any combination of the facts regarding the Vessel set forth above.

57. Therefore, pursuant to the terms of the Policy Application and applicable law, the 

Policy is void from its inception.

WHEREFORE, Great Lakes respectfully requests this Honorable Court to adjudge and 

declare the following:

a. BMI misrepresented, concealed, or omitted facts material to the underwriting of the 

risk;

b. That such misrepresentation, concealment, or omission constituted a breach of 

General Condition m. of the 19-20 Policy;

c. The aforementioned breach of General Condition m. renders the 19-20 Policy void 

ab initio; and

d. Grant any and other such relief this Honorable Court deems just and appropriate 

under the circumstances.

Case 1:20-cv-22480-RNS Document 1 Entered on FLSD Docket 06/16/2020 Page 10 of 11
11

Dated: June 16, 2020.

Respectfully submitted,

DAVANT LAW, P.A.

Attorneys for Great Lakes

12 Southeast 7th Street, Suite 605

Fort Lauderdale, FL 33301

Telephone: (954) 414-0400

By: /s/ Charles S. Davant

Charles S. Davant

Florida Bar No. 15178

csd@davantlaw.com

Aaron M. Dmiszewicki

Florida Bar No. 111455

amd@davantlaw.com

Case 1:20-cv-22480-RNS Document 1 Entered on FLSD Docket 06/16/2020 Page 11 of 11