IN THE UNITED STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF FLORIDA

CARPENTER GROUP INC.,

A Florida Corporation, 

Plaintiff,

vs.

ACCELERANT SPECIALTY INSURANCE COMPANY,

a Foreign Corporation,

Defendant.

________________________________________/

COMPLAINT

COMES NOW, Plaintiff CARPENTER GROUP INC., (hereinafter “PLAINTIFF”), and 

files this COMPLAINT against Defendant ACCELERANT SPECIALTY INSURANCE 

COMPANY (hereinafter “ACCELERANT” or “DEFENDANT”) alleging as follows:

Jurisdiction, Parties, and Venue

1. This action is within the jurisdiction of this Court pursuant to 28 U.S.C.§ 1332 as it 

involves citizens of different States and seeks damages in excess of seventy-five thousand 

dollars ($75,000.00), exclusive of interest and costs. 

2. The events, acts, and circumstances giving rise to this action occurred in Palm Beach, 

County, Florida and venue is proper within this District.

3. Plaintiff is a Florida Corporation with its principal place of business in Palm Beach 

County and owner of a 2001 65′ Viking, which has its home port in Palm Beach County, 

Florida. 

Case 0:22-cv-62067-RKA Document 1 Entered on FLSD Docket 11/07/2022 Page 1 of 6
4. At all times relevant hereto, Defendant ACCELERANT SPECIALTY INSURANCE 

COMPANY is a Foreign Surplus Lines Insurance Company which is eligible to issue 

insurance in the State of Florida and which engaged in business operations in the state of 

Florida within the Southern District and particularly within Miami Dade, Broward and 

Palm Beach Counties. These activities include the issuance of insurance for vessels 

including the vessel owned by Plaintiff. Defendant’s principal place of business is Little 

Rock Arkansas. It has no principal place of business in Florida.

5. This Court has specific jurisdiction over Defendants pursuant to § 48.193(1)(a)(1)10 

because the claims in this action arise from Defendants' operating, conducting, engaging 

in, or carrying on a business venture in Florida. Specifically the Defendant has obtained 

authorization from the state of Florida to issue insurance policies in Florida and engages 

in the business of insurance including the issuance of polices and adjustment and 

payment of claims with Florida insured’s and property in Florida for the purpose of 

thereby realizing pecuniary benefit 

6. The policy was issued to Plaintiff in Palm Beach County.

7. This lawsuit stems from activities by the Defendant in Palm Beach County Florida 

including the breach of contract in Palm Beach County.

8. The amount in controversy is in excess of $810,000.00 excluding interest, cost and 

attorney fees.

General Facts Common to All Causes of Action. 

9. At all times relevant, Plaintiff was the owner of 2001 65′ Viking motor yacht (hereinafter

referred to as the Vessel).

Case 0:22-cv-62067-RKA Document 1 Entered on FLSD Docket 11/07/2022 Page 2 of 6
10. On or about August 16, 2022, Defendant issues a Temporary Binder of insurance (Exhibit 

A) providing Hull and Liability insurance for the Vessel. The period of cover under the 

policy was August 22, 2022, 00.01 LST through August 22, 2023, 00.01 LST. The Sum 

insured was $790,000.00 USD for Hull coverage, $15,000 for Tender (Dingy), and 

$5,000.00 USD for personal property. The Policy also provided $1,000,000.00 USD 

Third Party Liability coverage.

11. The Policy provided coverage for accidental physical loss of or damage to the Scheduled 

Vessel which occurs during the cover period. This is an all-risk policy. 

12. The Policy does not exclude fire as a covered cause of loss for the Vessel. 

13. The vessel was purchased by Plaintiff on August 25, 2022, one day before the fire. The 

Plaintiff took possession of the vessel at approximately 12:00 pm August 25, 2022.

14. The next day on August 26, 2022, it caught fire while being transported to the Plaintiff’s 

dock resulting in a constructive total loss of the vessel.

15. Plaintiff promptly notified the Defendant of the loss.

16. On August 31, 2022, Plaintiff was contacted by a representative of the Defendant 

assigned to handle the claim on behalf of the Defendant. 

17. Plaintiff complied with all requests for information from the representative and was 

advised on September 15, 2022, that Defendant’s fire investigator had inspected the 

wreck and that no further documents were required from the Plaintiff pending review of 

the fire investigator’s findings.

18. Plaintiff received no response from the Defendant regarding acceptance of the claim

since September 15, 2022.

19. No reservation of rights was issued by Defendant.

Case 0:22-cv-62067-RKA Document 1 Entered on FLSD Docket 11/07/2022 Page 3 of 6
20. Plaintiff submitted a Notice of Tender of Abandonment and Sworn Proof of Loss on 

October 2, 2022 (Exhibit B).

21. Defendant has failed to make payment or accept the tender of abandonment within 30 

days of receipt of same.

22. Defendant has not accepted coverage.

23. Defendant has not responded in any manner.

24. All conditions precedent to the commencement of this action have been satisfied or 

waived. 

COUNT 1 BREACH OF CONTRACT

25. Plaintiff incorporates by reference and realleges the allegations contained in paragraphs 

1-22 with the full force and effect as if specifically set forth herein. 

26. The policy of Temporary Binder of coverage issued by Defendant incorporates the 

Private and Pleasure Yacht Insuring Agreement (SYP/22/PPO).

27. The Private and Pleasure Yacht Insuring Agreement (SYP/22/PPO) states that 

Defendants will “provide coverage for accidental physical loss of or damage to the 

Scheduled Vessel” occurring during the coverage period. 

28. The 2001 65′ Viking was a Scheduled Vessel under the policy which sustained a 

constructive total loss from fire during the coverage period. 

29. The loss was fortuitous in nature and is covered per the terms of the policy binder issued 

to Plaintiff.

30. In addition to the total loss of the vessel the Plaintiff sustained loss of personal property

and the Tender (Dingy) which are a covered loss of the property. 

Case 0:22-cv-62067-RKA Document 1 Entered on FLSD Docket 11/07/2022 Page 4 of 6
31. As a result of the covered loss under the policy, Plaintiff also sustained salvage charges 

and sue and labor, preservation and disposal costs which are covered losses under the 

policy. 

32. The Plaintiff submitted a claim payment of its losses in accordance with the terms of the 

policy and has complied with all requests of the Defendant with respect to the claim.

33. The Plaintiff has fulfilled its obligations under the policy entitling it to payment for its 

losses. 

34. The Defendant has failed to tender payment for the covered losses and costs. 

35. Defendant is in breach of its obligations under the policy its contract of insurance by 

failing to indemnify the Plaintiff for its losses including loss of the vessel, Tender 

(Dingy), and personal property. 

36. As a result of the Defendant’s failure to tender payment for the covered loss under the 

policy, the Plaintiff has sustained and continues to suffer damages including direct, 

consequential and incidental damages, carrying and storage charges and attendant fees 

and costs in the maintenance of this action. 

Wherefore, Plaintiff seeks entry of judgment against the Defendant for the insured value of 

its vessel, its covered Tender (Dingy), personal property loss, salvage, sue and labor costs, 

preservation and disposal costs and attendant expenses as well as other direct, consequential 

and incidental damages as may be proper together with an award of prejudgment and post 

judgment interest including attorney fees as allowed by law. 

JURY DEMAND 

Plaintiff demands trial by jury on all issues so triable.

Case 0:22-cv-62067-RKA Document 1 Entered on FLSD Docket 11/07/2022 Page 5 of 6
Respectfully submitted, 

By:/s Christopher R. Fertig

CHRISTOPHER R. FERTIG, ESQ. 

Florida Bar No.: 218421 

chris.fertig@fertig.com 

FERTIG & GRAMLING 

200 S.E. 13th Street 

Fort Lauderdale, FL 33316 

Telephone: 954-763-5020 

Facsimile: 954-763-5412

Case 0:22-cv-62067-RKA Document 1 Entered on FLSD Docket 11/07/2022 Page 6 of 6