Filing # 108321382 E-Filed 06/03/2020 12:24:16 PM 

IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT 

IN AND FOR LEON COUNTY, FLORIDA 

CIVIL DIVISION 

FLORIDA COALITION AGAINST DOMESTIC 

VIOLENCE, INC., a Florida Not-for-profit 

corporation, 

CASE NO.: 2020 CA 001044 

Plaintiff, 

v. DIVISION: 

HANOVER INSURANCE COMPANY (THE); 

AND TRAVELERS CASUALTY AND SURETY 

COMPANY OF AMERICA, TIFFANY CARR; 

SANDRA BARNETT; PATRICIA DUARTE; 

MELODY KEETH; LAUREL LYNCH; ANGELA 

DIAZ-VIDAILLET; SHANDRA RIFFEY; 

DONNA FAGAN; THERESA BEACHY; 

SHERYL SCHWAB; LORNA TAYLOR; PENNY 

MORRILL; FLORIDA COALITION AGAINST 

DOMESTIC VIOLENCE FOUNDATION, INC., 

Defendants, 

OFFICE OF THE ATTORNEY GENERAL, 

STATE OF FLORIDA DEPARTMENT OF 

LEGAL AFFAIRS AND FLORIDA 

DEPARTMENT OF CHILDREN AND 

FAMILIES, 

Nominal Defendants. 

// 

COMPLAINT AND DEMAND FOR JURY TRIAL 

COME NOW, the Plaintiff, FLORIDA COALITION AGAINST DOMESTIC 

VIOLENCE, INC., a Florida Not-for-profit corporation, hereinafter referred to as ("FCADV"), 

Exhibit A

Case 4:20-cv-00148-RH-MAF Document 19-1 Filed 06/08/20 Page 1 of 18
by and through their undersigned counsel, and hereby sues Defendants named herein names as 

parties the Nominal Defendants% and alleges as follows: 

JURISDICTION & VENUE 

1. The is an action for declaratory relief pursuant to Fla. Stat. § 86.011 as well as an 

action for damages in excess of $30,000.00 exclusive of costs, pre-judgement interest and 

attorneys' fees. 

2. Venue is proper as to all Defendants because a substantial part of the events or 

omissions giving rise to FCADV's claims against the Defendants occurred in Leon County, 

Florida. 

PARTIES 

3. Plaintiff, FCADV, was and is a Florida Not-for-profit corporation authorized to 

conduct business in the State of Florida and conducting business in and throughout the State of 

Florida. 

4. Upon information and belief, Defendant, HANOVER INSURANCE COMPANY 

(THE) ("HANOVER") is an insurance company and/or corporation organized or existing under 

the laws of the State of New Hampshire. Upon information and belief, at all times relevant herein 

Defendant HANOVER was authorized to and doing business in the State of Florida. 

The Nominal Defendants have interests in the outcome of this litigation as they are asserting claims against 

Plaintiff, which are covered under the Policies at issue in this action. See Southern-Owners Ins. Co. v. Wall 

2 Walls Constr., LLC, 2012 WL 6009752 (M.D. Fla. 2012; Amerisure Ins. Co. v. R.L. Lantana Boatyard, 

Ltd., 2010 WL 4628231 (S.D. Fla. 2010); Independent Fire Ins. Co. v. Paulekas, 633 So. 21 1111 (Fla. 3d 

DCA 1994); Bethel v. Security Nat'l. Ins. Co., 949 So. 2d 219, 223 (Fla. 3d DCA 2006); Balfour Beatty 

Const., LLC v. Zurich Am. Ins. Co., 2014 WL 1230650, at *2 (M.D. Fla. Mar. 25, 2014); Capitol Specialty 

Ins. Corp. v. R.G. Rancho Grande Corp., 2010 WL 1541187, *1-2 (S.D. Fla. April 16, 2010) ; and Auto—

Owners Ins. Co. v. Emerald Star Casino & Resorts, Inc., 2009 WL 3446745, *2 (M.D. Fla. Oct.21, 2009). 

There are no active claims or counts against said Nominal Defendant and Plaintiff is not seeking affirmative 

relief from said Nominal Defendants. 

2 

Case 4:20-cv-00148-RH-MAF Document 19-1 Filed 06/08/20 Page 2 of 18
5. Upon information and belief, Defendant, TRAVELERS CASUALTY AND 

SURETY COMPANY OF AMERICA ("TRAVELERS") is an insurance company and/or 

corporation organized or existing under the laws of the State of Connecticut. Upon information 

and belief, at all times relevant herein Defendant TRAVELERS was authorized to and doing 

business in the State of Florida. 

6. Upon information and belief, Defendant, TIFFANY CARR is a citizen and resident 

of the State of Florida and otherwise suijuris. 

7. Upon information and belief, Defendant, SANDRA BARNETT is a citizen and 

resident of the State of Florida and otherwise suijuris. 

8. Upon information and belief, Defendant, PATRICIA DUARTE is a citizen and 

resident of the State of Florida and otherwise suijuris. 

9. Upon information and belief, Defendant, MELODY KEETH is a citizen and 

resident of the State of Florida and otherwise suijuris. 

10. Upon information and belief, Defendant, LAUREL LYNCH is a citizen and 

resident of the State of Florida and otherwise suijuris. 

11. Upon information and belief, Defendant, ANGELA DIAZ-VIDAILLET is a citizen 

and resident of the State of Florida and otherwise suijuris. 

12. Upon information and belief, Defendant, SHANDRA RIFFEY is a citizen and 

resident of the State of Florida and otherwise suijuris. 

13. Upon information and belief, Defendant, DONNA FAGAN is a citizen and resident 

of the State of Florida and otherwise suijuris. 

14. Upon information and belief, Defendant, THERESA BEACHY is a citizen and 

resident of the State of Florida and otherwise suijuris. 

3 

Case 4:20-cv-00148-RH-MAF Document 19-1 Filed 06/08/20 Page 3 of 18
15. Upon information and belief, Defendant, SHERYL SCHWAB is a citizen and 

resident of the State of Florida and otherwise sui juris. Upon information and belief, Defendant, 

LORNA TAYLOR is a citizen and resident of the State of Florida and otherwise suijuris. 

16. Upon information and belief, Defendant, PENNY MORRILL is a citizen and 

resident of the State of Florida and otherwise suijuris. 

17. Upon information and belief, Defendant, FLORIDA COALITION AGAINST 

DOMESTIC VIOLENCE FOUNDATION, INC., is a Florida Not-for-profit corporation 

authorized to conduct business in the State of Florida and conducting business in and throughout 

the State of Florida, and otherwise suijuris. 

18. Upon information and belief, Nominal Defendant, OFFICE OF THE ATTORNEY 

GENERAL, STATE OF FLORIDA DEPARTMENT OF LEGAL AFFAIRS, acts on behalf of the 

Attorney General and exercise such powers as the Attorney General authorizes conferred by law. 

The Attorney General is the chief legal office for the State of Florida, Art. IV, § 4(b), Fla. Const. 

is broadly empowered to exercise all powers incidental to her office, § 16.01, Fla. Stat.; and is 

the head of the Department of Legal Affairs, § 20.011, Fla. Stat., and the Office of 

the Attorney General. 

19. Upon information and belief, Nominal Defendant, FLORIDA DEPARTMENT OF 

CHILDREN AND FAMILIES, is a State Agency with headquarters in Leon County, Florida and 

otherwise suijuris. 

UNDERLYING ACTIONS AND/OR CLAIMS 

20. FCADV is a Florida not-for-profit corporation developed to assist victims of 

domestic violence to include coordinating and administering statewide activities related to the 

prevention of domestic violence. 

4 

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21. At all times material hereto, Defendants, TIFFANY CARR, SANDRA BARNETT, 

PATRICIA DUARTE , MELODY KEETH, LAUREL LYNCH, ANGELA DIAZ-VIDAILLET, 

SHANDRA RIFFEY, DONNA FAGAN, THERESA BEACHY, SHERYL SCHWAB, LORNA 

TAYLOR, and PENNY MORRILL served as members of the board for FCADV. 

22. On or about March 04, 2020, Office of The Attorney General State of Florida 

Department of Legal Affairs, filed suit against FCADV, and TIFFANY CARR, to have a receiver 

appointed to take control and custody of FCADV or, alternatively, to reorganize FCADV to ensure 

its proper management; (1) to dissolve the Foundation or, alternatively, to reorganize the 

Foundation in its stated mission and objectives; and (2) to recover from Defendant Tiffany Carr 

significant monies wrongly paid to her by FCADV while acting as its president and chief executive 

officer ("CEO"), in the case styled: Office of The Attorney General State of Florida Department 

of Legal Affairs vs. Florida Coalition Against Domestic Violence Inc., Florida Coalition Against 

Domestic Violence Foundation Inc., and Tiffany Cam filed in the Second Judicial Circuit in and 

for Leon County Florida (the "AG Complaint"). A copy of the AG Complaint is attached hereto 

as Exhibit "A." 

23. On or about March 04, 2020, Florida Department of Children and Families (FDCF), 

filed suit against FCADV, Tiffany Carr, Sandra Barnett, Patricia Duarte, Melody Keeth, Laurel 

Lynch, Angela-Diaz-Vidaillet, Shandra Riffey, Donna Fagan, Theresa Beachy, Sheryl Schwab, 

Lorna Taylor and Penny Morrill, alleging FCADV failed and refused to comply with, and 

breached, Contracts LN967 and LJ990, including but not limited to: Violating State and Federal 

statutes, rules, regulations and policies; Failing to advise of legal actions taken against FCADV; 

Failing to maintain and provide adequate financial records; Failing to comply with inspections, 

reviews, investigations or audits deemed necessary by the DCF Office of the Inspector General 

5 

Case 4:20-cv-00148-RH-MAF Document 19-1 Filed 06/08/20 Page 5 of 18
(OIG); using State and Federal funds for a prohibited purpose- Lobbying; 

Violating the Federal Funding Accountability and Transparency Act; and 

Violating of applicable public records and Sunshine laws, in the case styled: Florida Department 

of Children and Families vs. FCADV, Tiffany Carr, Sandra Barnett, Patricia Duarte, Melody 

Keeth, Laurel Lynch, Angela-Diaz-Vidaillet, Shandra Riffey, Donna Fagan, Theresa Beachy, 

Sheryl Schwab, Lorna Taylor and Penny Morrill, Case No: 2020-CA-0004231, filed in the Second 

Judicial Circuit in and for Leon County Florida (the "FDCF Complaint"). A copy of the FDCF 

Complaint is attached hereto as Exhibit "B." 

24. Hereinafter the AG Complaint and the FDCF Complaint will collectively be 

referred to as the "Underlying Complaints." 

THE INSURANCE POLICIES 

25. Upon information and belief, HANOVER issued a Nonprofit Entity Advantage 

Directors & Officers and Entity Liability and Employment Practices Liability Policy to the 

FCADV bearing Policy Number LHJ-H138435-00 with effective dates of December 19, 2019 

through December 19, 2020 (the "HANOVER Policy"). A copy of the HANOVER Policy is 

attached hereto as Exhibit "C." 

26. To solidify its claims, FCADV tendered the Underlying Complaints to HANOVER. 

Copies of FCADV's tender for defense and indemnity and HANOVER' s responses thereto are 

attached hereto as Composite Exhibit "D." 

27. Upon information and belief, TRAVELERS issued a Non-Profit Organization 

Directors & Officers and Identity Fraud Expense Reimbursement Policy to the FCADV, bearing 

Policy Number 106433516 with effective dates of December 19, 2019 through December 19, 2020 

6 

Case 4:20-cv-00148-RH-MAF Document 19-1 Filed 06/08/20 Page 6 of 18
(the "TRAVELERS Policy"). A copy of the TRAVELERS Policy is attached hereto as Exhibit 

“E . 99 

28. To solidify its claims, FCADV tendered the Underlying Complaints to 

TRAVELERS. Copies of FCADV's tender for defense and indemnity and TRAVELERS' 

responses thereto are attached hereto as Composite Exhibit "F." 

COUNT 1- ACTION FOR DECLARATORY RELIEF AGAINST HANOVER & 

DEMAND FOR JURY TRIAL 

29. FCADV re-alleges all common allegations, paragraphs 1 through 28 above, as if 

fully set forth herein. 

30. This Court has jurisdiction over this action for declaratory relief pursuant to 

Chapter 86, Florida Statutes, specifically §86.011, Florida Statutes. 

31. FCADV and Defendants have claims and/or interests that would be affected by the 

requested declarations. 

32. FCADV demands a jury trial, specifically as to this Count. 

33. The HANOVER Policy contains the following relevant provisions: 

,etid.rs drindri. 

insured 

. , in 

arc.1 

INSU !NG AGREEMENTS 

A. 

C. 

1he irg"..hifec 

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P=2,r 

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e' nthty th-s insured lnd'iv.td5a1 

The .f of nn uc red Enttly. Loss trvi,u red Entity is tei•).ally - hAlf 

due to a ciaim firt,t avic; Aaainto. the Entity curio{; oti Period or the Exiended RPPeriod 

7 

Case 4:20-cv-00148-RH-MAF Document 19-1 Filed 06/08/20 Page 7 of 18
III. DEFINITIONS 

Claim means: 

A. With respect to insuring Agreements I A. and I,B., any: 

C. With respect to Insuring Agreement I.C., any: 

1. Written demand received by an Insured for monetary or non-monetary relief including injunctive relief; 

2. Civil proceeding commenced by the service of a complaint or similar pleading; 

3. Criminal proceeding commenced by the filing of charges; 

4. Formal administrative or regulatory proceeding commenced by the fOng of charges, formal investigative 

order or similar document; or 

5. Arbitration or mediation proceeding commenced by the receipt of a demand for arbitration or mediation or 

similar document; 

against an Insured Entity for a Wrongful Act, including any appeal therefrom; or 

6. Written request first received by an Insured to toll or waive a statute of limitations relating to a potential 

Claim described in C.1. through C 5. above: 

Loss means Defense Expenses and the amount the Insured is legally obligated to pay as a result of a Claim 

including: 

A. Monetary judgments. awards or settlements, pre-judgment and post-judgment interest and compensatory 

damages; 

B.. Punitive or exemplary damages or the multiple portion of any multiplied damage award if insurable under the 

law of the jurisdiction most favorable to the insurability of such damages where such jurisdiction has a 

substantial relationship to the Insured, the Insurer, or to the Claim giving rise to such damages; or 

C, Civil fines or penalties assessed against an Insured Individual, including civil penalties assessed against an 

Insured Individual pursuant to the Foreign Corrupt Practices Act (15 U.S.C. 78dd-2(g)(2)(B)). if and to the 

extent such fines or penalties are insurable under the law of the jurisdiction in which such fines and penalties 

are assessed. 

Wrongful Act means Personal Injury. Publisher Liability or any actual or alleged act, error, omission, 

misstatement, misleading statement, neglect, breach of duty committed or attempted or allegedly committed or 

attempted by' 

A With respect to Insuring Agreements I.A. and I.B, an Insured individual in his or her capacity as such or any 

other matter claimed against an Insured Individual solely in his or her status as such; or 

B With respect to Insuring Agreement 1.C., an Insured Entity.

All Related Wrongful Acts shall be considered a single Wrongful Act and all Related Wrongful Acts wil€ be 

deemed to have occurred at the time the first of such Related Wrongful Acts occurred whether prior to or during 

the Policy Period, 

XV. RESCINDABILITY 

The Insurer shall not be entitled under any circumstances to void or rescind this Policy with respect to any 

Insured. 

34. FCADV contends the HANOVER Policy provides coverage for, including but not 

limited to, the following: 

a. FCADV's liability for the claims asserted in the Underlying Complaints; and/or 

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Case 4:20-cv-00148-RH-MAF Document 19-1 Filed 06/08/20 Page 8 of 18
b. FCADV's legal expenses incurred in defending the Underlying Complaints. 

35. FCADV has complied with all conditions precedent to the filing of this lawsuit, and 

notwithstanding the same, HANOVER has reserved its rights to deny its obligations to defend 

FCADV, including the right to recover any and all defense fees and costs incurred in FCADV's 

defense. Alternatively, to the extent that FCADV has failed to comply with any conditions 

precedent, the failure to comply with the same did not prejudice and/or is immaterial as an 

immaterial breach of the subject contracts of insurance as such claims were or would have been 

denied by HANOVER. Alternatively, HANOVER waived any such conditions and/or is estopped 

from asserting any defenses related to conditions precedent. More specifically, FCADV has plainly 

given notice of all claims, which are the subject of this lawsuit to HANOVER and/or their 

designated agents. 

36. To date, HANOVER has only accepted FCADV's defense pursuant to a complete 

reservation of rights and specifically reserved its perceived right to recover any and all defense 

fees and costs paid on FCADV's behalf. Moreover, HANOVER has not paid FCADV's defense 

fees and costs or otherwise provided a defense to FCADV. 

37. As such, an actual controversy exists between HANOVER and FCADV. 

Additionally, TRAVELERS contends there is no "Claim" during the policy period, but 

HANOVER contends all of the events giving rise to a "Claim" preceded its policy period. 

Accordingly, FCADV is in doubt as to their rights, duties, and obligations owed to them pursuant 

to the HANOVER Policy, and the applicability of the HANOVER Policy to the claims as alleged 

in the Underlying Complaints including but not limited to, scope of coverage available to FCADV 

as an insured and whether the damages alleged constitute a covered loss under the HANOVER 

9 

Case 4:20-cv-00148-RH-MAF Document 19-1 Filed 06/08/20 Page 9 of 18
Policy, including an obligation to both defend and indemnify FCADV. Thus, FCADV is in need 

and entitled to a judicial declaration of its rights regarding the same. 

38. More specifically, FCADV believes HANOVER owes FCADV a defense and 

indemnity because: 

a. The Underlying Complaints constitute a "Loss" under the HANOVER Policy that 

FCADV is legally obligated to pay, if proven true, due to a "Claim" first made 

against FCADV during the HANOVER Policy Period; and 

b. The allegations of each of the Underlying Complaints do not fall solely and entirely 

within any exclusions and/or limitations in the HANOVER Policy. 

39. FCADV has been required to retain Boyle, Leonard and Anderson, P.A. and is 

obligated to pay them a reasonable fee for their services. FCADV claims its attorneys' fees, legal 

assistant fees, and costs pursuant to Fla. Stat. §627.428, §57.104, §57.041, and/or §626.9373, 

which are applicable to this litigation. 

40. It is also requested that this Court retain jurisdiction for supplemental relief pursuant 

to §86.061 Florida Statutes. Said supplemental relief may include but not be limited to claims for 

damages and/or bad faith as appropriate. 

WHEREFORE, FCADV respectfully requests that this Honorable Court declare the rights 

of the parties as follows: 

a) That this Court has jurisdiction over the subject matter; 

b) That this Court has jurisdiction over the parties in this matter; 

c) That the HANOVER Policy was in full force and effect at all relevant times; 

d) That the HANOVER Policy provides coverage for FCADV's liability for the claims 

in the Underlying Complaints; 

e) That the HANOVER Policy provides coverage for FCADV's legal expenses 

incurred in defending the Underlying Complaints; 

10 

Case 4:20-cv-00148-RH-MAF Document 19-1 Filed 06/08/20 Page 10 of 18
f) That no exclusions or other limitations of coverage contained in the HANOVER 

Policy are applicable to the claims asserted in the Underlying Complaints; 

g) That HANOVER owes attorneys' fees and costs pursuant to Florida Statutes 

§627.428, 57.104, 57.041 and/or 626.9373; 

h) That FCADV is entitled to pre judgment interest; 

i) That FCADV is entitled to post-judgment interest; 

j) That this Court retain jurisdiction to grant supplemental relief pursuant to §86.061, 

Florida Statutes, including but not limited to claims for damages and/or bad faith, 

as appropriate; 

k) And grant all other relief as is just and proper. 

COUNT 2 — BREACH OF CONTRACT AGAINST HANOVER 

41. FCADV re-alleges and incorporates the allegations contained in Paragraphs 1 

through 28 above as if fully set forth herein. 

42. FCADV demands a jury trial specifically as to this Count. 

43. The HANOVER Policy is a contract and FCADV has satisfied all conditions 

precedent for recovery. 

44. The Underlying Complaints contain claims for damages against FCADV that satisfy 

the definitions of "loss", "wrongful act" and "claim" under the HANOVER Policy. 

45. FCADV provided notice of the claims to HANOVER. HANOVER only accepted 

FCADV's defense pursuant to a complete reservation of rights and specifically reserved its 

perceived right to recover any and all defense fees and costs paid on FCADV's behalf. 

46. HANOVER has further breached the terms and conditions of the HANOVER Policy 

by failing to provide FCADV with a defense in this matter. 

47. There are no conditions and/or exclusions in the HANOVER Policy relied upon by 

HANOVER that would preclude coverage and/or a complete defense being awarded to FCADV. 

48. FCADV has been damaged by HANOVER's breach of the HANOVER Policy and 

such damages included by are not limited to: 

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Case 4:20-cv-00148-RH-MAF Document 19-1 Filed 06/08/20 Page 11 of 18
a. FCADV's costs and attorneys' fees incurred in defending the Underlying 

Complaints; 

b. FCADV's liability for the claims asserted in the Underlying Complaints. 

49. FCADV has retained Boyle, Leonard and Anderson, P.A. to represent them in this 

action and is obligated to pay them a reasonable fee for their services. FCADV is entitled to recover 

its costs pursuant to Fla. Stat. §627.428, §57.104, §57.041, and/or §626.9373, as a result of 

prosecuting this action. 

50. As a result of the foregoing breaches, HANOVER owes to FCADV the damages 

which FCADV has sustained as a result of the claims in the Underlying Complaints which form 

the basis for this subject litigation. 

WHEREFORE, FCADV respectfully requests judgment against HANOVER for damages 

in excess of $30,000.00, including pre judgment and post-judgment interest, and taxable costs, 

taxation of attorneys' fees as a result of prosecuting this action, along with any and all other relief 

this Honorable Court deems just and proper. 

COUNT 3 -ACTION FOR DECLARATORY RELIEF AGAINST TRAVELERS 

& DEMAND FOR JURY TRIAL 

51. FCADV re-alleges and incorporates the allegations contained in Paragraphs 1 

through 28 above as if fully set forth herein. 

52. This Court has jurisdiction over this action for declaratory relief pursuant to Chapter 

86, Florida Statutes, specifically §86.011, Florida Statutes. 

53. FCADV and Defendants have claims and/or interests that would be affected by the 

requested declarations. 

54. FCADV demands a jury trial, specifically as to this Count. 

55. The TRAVELERS Policy contains the following relevant provisions: 

12 

Case 4:20-cv-00148-RH-MAF Document 19-1 Filed 06/08/20 Page 12 of 18
INSURING AGREEMENTS 

The Company will pay on behalf of: 

A. the Insured Persons, Loss for Wrongful Acts, except for Loss which the Insured Organization pays 

to or on behalf of the Insured Persons as indemnification; 

B. the Insured Organization. Loss for Wrongful Acts which the Insured Organization pays to or on 

behalf of the Insured Persons as indemnification, and 

C. the Insured Organization, Loss for Wrongful Acts, 

resulting from any Claim first made during the Policy Period, or if exercised, during the Extended Reporting Period or 

Run-Off Extended Reporting Period.

IL DEFINITIONS 

Wherever appearing in this liability Coverage, the following words and phrases appearing in bold type will have the 

meanings set forth in this Section II. DEFINITIONS: 

A. Claim means 

1. a written demand for monetary damages or non-monetary relief; 

2. a civil proceeding commenced by service of a complaint or similar pleading, 

3. a criminal proceeding commenced by filing of charges; 

4. a formal administrative or regulatory proceeding. commenced by a filing of charges, formal 

investigative order, service of summons or similar document; 

5. an arbitration. mediation or similar alternative dispute resolution proceeding if the Insured is 

obligated to participate in such proceeding or if the Insured agrees to participate in such 

proceeding, with the Company's written consent. such consent not to be unreasonably withheld; 

or 

6. a written request to toll or waive a statute of limitations relating to a potential civil or administrative 

proceeding; 

against an Insured for a Wrongful Act, provided that Claim does not include any labor or grievance 

arbitration or other proceeding pursuant to a collective bargaining agreement. 

A Claim is deemed to be made on the earliest date that any Executive Officer first receives written 

notice of such Claim. However, if any Insured Person who is not an Executive Officer first receives 

written notice of a Claim during the Policy Period, but no Executive Officer receives written notice of 

such Claim until after the Policy Period has expired, then such Claim will be deemed to have been 

made on the date such Insured Person first received written notice of the Claim. 

Loss means Defense Expenses and money which an Insured is legally obligated to pay as a result of a Claim, including 

settlements, judgments, back and front pay. compensatory damages, punitive or exemplary damages or the multiple 

portion of any multiplied damage award for which an Insured is vicariously liable, prejudgment and postjudgment interest. 

and legal fees and expenses awarded pursuant to a court order or judgment. Loss does not include. 

civil or criminal fines, sanctions. liquidated damages other than liquidated damages awarded under the Age 

Discrimination in Employment Act or the Equal Pay Act, payroll or other taxes, or damages. penalties or types of 

relief deemed uninsurable under applicable law; or 

2. any amount allocated to non-covered loss pursuant to section ill. CONDITIONS, P. ALLOCATION of the Liability 

Coverage Terms and Conditions. 

Notwithstanding the above. Loss includes any Excess Benefit Transaction Tax. in an amount not to exceed 510.000. 

that an Insured Person is obligated to pay as a result of a Claim; provided that Loss does not include the 25°/ excise 

tax assessed against any Disqualified Person or the 200% tax assessed for failure to correct an Excess Benefit 

Transaction.

To the extent that this Liability Coverage is construed by a court of competent jurisdiction, or an arbitration panel. under 

the laws of any jurisdiction other than Florida. Loss does not exclude coverage for taxes, fines, penalties, direct or 

vicarious punitive or exemplary damages or the multiple portion of any multiplied damage award incurred by the Insureds 

if such damages are insurable under the laws of that jurisdiction.

13 

Case 4:20-cv-00148-RH-MAF Document 19-1 Filed 06/08/20 Page 13 of 18
Wro 

error, cmisa , or 17each of .:-',uty 

t 

--, Personal l 1 .1 ,1: is t i y mat:tar asse,ted 

;„Firr ,..in hisured r- ei s on in his or he 

P oval Irr hers Liability 7r..3:rd 

e e , --, a ion 

3. „ ornisai,_ Tient,. mi- '7 or bre7t._ duty 

—t Personal injury ::.sr - Publishers Liability i- matter a!,..,3:erted 

the Insure .n.lzatici,m or 

.4_ :.r.- asz::,,:-.Ted d - 'cist an lusured Person solely by reason of his car her status 

All Related Wrongful Acts are 

Related Wrongful Acts v: 

Acts occurred prior to or 

nigful Act for purra 

occurred at the 

the Policy Pe€iod. 

LiMAlity Coverage, eti 

rst. - Related Wro moiul 

56. FCADV contends the TRAVELERS Policy provides coverage for, including but not 

limited to, the following: 

a. FCADV's liability for the claims asserted in one or both of the Underlying 

Complaints; and/or 

b. FCADV's legal expenses incurred in defending the Underlying Complaints. 

57. FCADV has complied with all conditions precedent to the filing of this lawsuit, and 

notwithstanding the same, TRAVELERS denied any obligation to defend or indemnify FCADV. 

Alternatively, to the extent that FCADV has failed to comply with any conditions precedent, the 

failure to comply with the same did not prejudice and/or is immaterial as an immaterial breach of 

the subject contracts of insurance as such claims were or would have been denied by TRAVELERS. 

Alternatively, TRAVELERS waived any such conditions and/or is estopped from asserting any 

defenses related to conditions precedent. More specifically, FCADV has plainly given notice of all 

claims, which are the subject of this lawsuit to TRAVELERS and/or their designated agents. 

58 To date, TRAVELERS has denied any obligation to defend or indemnify FCADV 

from the claims asserted in the Underlying Complaints. TRAVELERS contends the allegations of 

the Underlying Complaints do not trigger its obligation to defend or indemnify FCADV on the 

basis of one or more provisions or exclusions in the TRAVELERS Policy, which FCADV denies. 

14 

Case 4:20-cv-00148-RH-MAF Document 19-1 Filed 06/08/20 Page 14 of 18
More specifically, TRAVELERS contends there is no "Claim" during the policy period, but 

HANOVER contends all of the events giving rise to a "Claim" preceded its policy period. 

59. As such, an actual controversy exists between TRAVELERS and FCADV. FCADV 

is in doubt as to their rights, duties, and obligations owed to them pursuant to the TRAVELERS 

Policy, and the applicability of the TRAVELERS Policy to the claims as alleged in the Underlying 

Complaints including but not limited to, scope of coverage available to FCADV as an insured and 

whether the damages alleged constitute a covered loss under the TRAVELERS Policy, including 

an obligation to both defend and indemnify FCADV. Thus, FCADV is in need and entitled to a 

judicial declaration of its rights regarding the same. 

60. More specifically, FCADV believes TRAVELERS owes FCADV a defense and 

indemnity because: 

a. One or more of the Underlying Complaints and/or the events preceding the filing 

thereof constitute a "Loss" for "Wrongful Acts" under the TRAVELERS Policy 

that FCADV is legally obligated to pay, if proven true, resulting from a "Claim" 

first made against FCADV during the TRAVELERS Policy Period or the Extended 

Reporting Period; and 

b. The allegations of each of the Underlying Complaints do not fall solely and entirely 

within any exclusions and/or limitations in the TRAVELERS Policy. 

61. FCADV has been required to retain Boyle, Leonard & Anderson, P.A. and is 

obligated to pay them a reasonable fee for their services. FCADV claims its attorneys' fees, legal 

assistant fees, and costs pursuant to Fla. Stat. §627.428, §57.104, §57.041, and/or §626.9373, 

which are applicable to this litigation. 

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62. It is also requested that this Court retain jurisdiction for supplemental relief pursuant 

to §86.061 Florida Statutes. Said supplemental relief may include but not be limited to claims for 

damages and/or bad faith as appropriate. 

WHEREFORE, FCADV respectfully requests that this Honorable Court declare the rights 

of the parties as follows: 

a) That this Court has jurisdiction over the subject matter; 

b) That this Court has jurisdiction over the parties in this matter; 

c) That the TRAVELERS Policy was in full force and effect at all relevant times; 

d) That the TRAVELERS Policy provides coverage for FCADV's liability for the 

claims in the Underlying Complaints; 

e) That the TRAVELERS Policy provides coverage for FCADV's legal expenses 

incurred in defending the Underlying Complaints; 

f) That no exclusions or other limitations of coverage contained in the TRAVELERS 

Policy is applicable to the claims asserted in the Underlying Complaints; 

g) That TRAVELERS owes attorneys' fees and costs pursuant to Florida Statutes 

§627.428, 57.104, 57.041 and/or 626.9373; 

h) That FCADV is entitled to pre-judgment interest; 

i) That FCADV is entitled to post-judgment interest; 

j) That this Court retain jurisdiction to grant supplemental relief pursuant to §86.061, 

Florida Statutes, including but not limited to claims for damages and/or bad faith, 

as appropriate; 

k) And grant all other relief as is just and proper. 

COUNT 4 — BREACH OF CONTRACT AGAINST TRAVELERS 

63. FCADV re-alleges and incorporates the allegations contained in Paragraphs 1 

through 28 above as if fully set forth herein. 

64. FCADV demands a jury trial specifically as to this Count. 

65. The TRAVELERS Policy is a contract and FCADV has satisfied all conditions 

precedent for recovery. 

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66. The Underlying Complaints contain claims for damages against FCADV that satisfy 

the definitions of "loss", "wrongful act" and "claim" under the TRAVELERS Policy. 

67. FCADV provided notice of the claims to TRAVELERS. TRAVELERS denied a 

defense to FCADV and further denied that it owes FCADV any indemnity. 

68. There are no conditions and/or exclusions in the TRAVELERS Policy relied upon 

by TRAVELERS that would preclude coverage and/or a complete defense being awarded to 

FCADV. 

69. FCADV has been damaged by TRAVELERS' breach of the TRAVELERS Policy 

and such damages included by are not limited to: 

a. FCADV's costs and attorneys' fees incurred in defending the Underlying 

Complaints; 

b. FCADV's liability for the claims asserted in the Underlying Complaints. 

70. FCADV has retained Boyle, Leonard and Anderson, P.A. to represent them in this 

action and is obligated to pay them a reasonable fee for their services. FCADV is entitled to recover 

its costs pursuant to Fla. Stat. §627.428, §57.104, §57.041, and/or §626.9373, as a result of 

prosecuting this action. 

71. As a result of the foregoing breaches, TRAVELERS owes to FCADV the damages 

which FCADV has sustained as a result of the claims in the Underlying Complaints which form 

the basis for this subject litigation. 

WHEREFORE, FCADV respectfully requests judgment against TRAVELERS for 

damages in excess of $30,000.00, including pre-judgment and post-judgment interest, and taxable 

costs, taxation of attorneys' fees as a result of prosecuting this action, along with any and all other 

relief this Honorable Court deems just and proper. 

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Respectfully submitted. 

Dated June 03, 2020. 

By: /s/ Amanda K. Anderson 

Mark A. Boyle, FBN: 005886 

Amanda K. Anderson, FBN: 0091297 

Boyle, Leonard & Anderson, P.A. 

2050 McGregor Blvd. 

Fort Myers, FL 33901 

Telephone: (239) 337-1303 

Facsimile: (239) 337-7674 

Primary: EService@Insurance-Counsel.com 

Secondary #1: MBov I e(ii) hist wane e-C ounsel.com 

Secondary #2: AAnderson@Insurance-Counsel.com 

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