10134104-4 

UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

FORT LAUDERDALE DIVISION 

www.flsb.uscourts.gov 

In re: 

 

TAMARAC 10200, LLC and Case No. ____________________ 

UNIPHARMA, LLC, Case No. ____________________ 

 Debtors1. Chapter 11 Cases 

 (Joint Administration Pending) 

___________________________________/ 

DEBTORS’ EMERGENCY MOTION FOR AUTHORIZATION TO (I) CONTINUE 

TO ADMINISTER INSURANCE POLICIES AND RELATED AGREEMENTS 

AND (II) HONOR CERTAIN OBLIGATIONS IN RESPECT THEREOF 

(Emergency Hearing Requested) 

Statement of Exigent Circumstances 

The Debtors respectfully request that the Court conduct an emergency hearing on 

this Motion. In the operation of their business, the Debtors maintain many 

insurance policies. By this Motion, the Debtors seek authority to continue to 

administer these insurance policies and agreements relating thereto, and, in their 

discretion, to honor certain obligations in respect thereof. The Debtors 

reasonably believe that a hearing to consider the relief requested must be held on 

an emergency basis as soon as the Court’s calendar will permit. The Debtors 

respectfully request that the Court waive the provisions of Local Rule 9075-1(B) 

which requires an affirmative statement that a bona fide effort was made in order 

to resolve the issues raised in this motion, as the relief requested herein is urgent 

in nature and does not lend itself to advance resolution. 

Tamarac 10200, LLC (“Tamarac”) and Unipharma, LLC (“Unipharma”, and together 

with Tamarac, collectively, the “Debtors”), by and through their proposed undersigned counsel, 

pursuant to 11 U.S.C. §§ 105(a) and 363(c), file this Emergency Motion for Authorization to (I) 

Continue to Administer Insurance Policies and Related Agreements; and (II) Honor Certain 

Obligations in Respect Thereof (the “Motion”). The Motion seeks entry of an order, 

substantially in the form attached hereto, authorizing the Debtors to continue administering 

1 The last four digits of each Debtor’s federal tax identification number are Tamarac 10200, LLC (2050) and 

Unipharma, LLC (8962). The address of the Debtors is 10200 N.W. 67th Street, Tamarac, FL 33321. 

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insurance policies and agreements relating thereto, and pay certain claims, in the Debtors’ 

discretion, to the extent they become due and payable during the pendency of the Debtors’ 

chapter 11 cases. In support of this Motion, the Debtors rely upon the Declaration of Neil F. 

Luria in Support of Chapter 11 Petitions and First Day Pleadings (the “First Day Declaration”), 

which has been filed with the Court on the date hereof and is incorporated herein and 

respectfully represents as follows: 

Jurisdiction and Venue

1. This Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 

1334. This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2). 

2. Venue is proper before this Court pursuant to 28 U.S.C. §§ 1408 and 1409. 

3. The statutory predicates for the relief sought herein are sections 105(a), 363(c) 

and 507(a)(5) of chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”), Rule 

6003 of the Federal Rule of Bankruptcy Procedure (the “Bankruptcy Rules”) and Local Rule 

9013-1(F). 

Background 

4. On the date hereof (the “Petition Date”), each of the Debtors filed a voluntary 

petition for relief under chapter 11 of the Bankruptcy Code. 

5. The Debtors are operating their businesses and managing their affairs as a 

debtors-in-possession pursuant to sections 1107(a) and 1108 of the Bankruptcy Code. 

6. For a detailed description of the Debtors and their operations, the Debtors 

respectfully refer the Court and parties in interest to the First Day Declaration. 

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Summary of Insurance Policies 

A. Lockton Companies – Commercial Insurance Broker 

7. Recently retained Lockton Companies (“Lockton”) serves as the Debtors’ 

commercial insurance broker, procuring the policies and providing related assistance with regard 

to all of the insurance policies listed on attached Exhibit “A.” As more specifically indicated 

below, the Debtors paid Lockton, the prior broker or the insurance carrier directly for the policy 

premiums. In exchange for its services, Lockton or the prior broker received commissions on 

each policy written. 

B. Workers Compensation/Employers Liability Insurance 

8. As reflected in the Debtor’s Emergency Motion For Order (I) Authorizing 

Debtors to Pay (A) Certain Prepetition Employee Obligations and (B) Prepetition Withholding 

Obligations, (II) Authorizing the Debtors to Maintain Employee Benefit Programs, And (III) 

Directing Banks to Honor Related Prepetition Transfers (the “Employee Wage/Benefits 

Motion”), which is filed simultaneously with this Motion, Federal Insurance Company (Chubb) 

administers Employment Practices Liability Insurance (“EPLI”), Policy No. 8255-1301. As 

further reflected in the Employee Wage/Benefits Motion, ADP handles payroll for Unipharma. 

In exchange for handling payroll and benefits for Unipharma’s employees,2

 Unipharma pays 

ADP $6.76 per employee per payroll, $10.00 per Reverse Wire of Funds Fee, Labor Law posters 

(One in English and One in Spanish) $3.10 each per pay period, rental of InTouch Proximity 

Time Clock and three (3) Biometric Finger Scan of approximately $406.61 per pay period. The 

auditable workers’ compensation coverage is provided by AmTrust North America (“AmTrust”), 

Policy No. AWC1133808.

2

 Tamarac has no employees. 

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9. The workers compensation coverage, in the amount of $100,000 for each 

accident, $500,000 for each disease, was in effect in the location at which Unipharma maintains 

employees as of the Petition Date - 10200 N.W. 67th Street, Tamarac, FL 33321 (the “Property”); 

the term of all coverages is August 8, 2020 through August 8, 2021. The $4,170 premium for 

Unipharma’s workers compensation Policy has been paid in full. 

10. The limit of liability for Unipharma’s EPLI coverage is $1 million per claim (and 

$1 million for third-party liability), subject to a $10,000 deductible, and the term of the EPLI is 

September 5, 2020 through September 5, 2021. The $5,696 premium for this policy has been 

paid in full.3

11. The Employee Wage/Benefits Motion seeks the Court’s authority for ADP to 

continue to administer Unipharma’s payroll and benefits in the ordinary course and for 

Unipharma to honor and pay all prepetition and post-petition fees, costs, and other obligations to 

ADP for its services in the ordinary course of business. By way of this Motion, the Debtors seek 

the same relief because the workers compensation and EPLI policies and other coverages are 

also considered to be commercial insurance policies, and for Lockton to be paid for any 

prepetition and post- petition fees, costs or other obligations to administer all coverages in the 

ordinary course. 

C. Commercial Property Insurance – Unipharma 

12. Unipharma maintains a Commercial Property Insurance Policy with Federal 

Insurance Company (Chubb), Policy No. 3602-85-21, which provides coverage related to the 

Property. The Commercial Property Insurance Policy was in effect as of the Petition Date and is 

3

 AmTrust is requesting that Unipharma perform certain analyses relating to coverage which will likely result in the 

workers’ compensation policy, which expires on August 8, 2021, being rewritten with different terms. This is an 

ongoing process and the relief sought herein includes authority to maintain this policy, including payment of 

additional premiums, if any, beyond that listed above, as it will or may be rewritten. 

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listed on the attached Exhibit “A.” The Commercial Property Insurance Policy provides 

coverage for, among other things, the Property, personal property located within the Property, 

business income, machinery breakdown, flood, and windstorm. The term of the Commercial 

Property Insurance Policy is October 1, 2020 through October 1, 2021 and the annual premium is 

$239,996, inclusive of taxes and surcharges. This premium has been paid in full. 

D. Commercial Property and Liability Insurance – Tamarac 

13. Tamarac maintains a Commercial Property and Liability Insurance Policy with 

Federal Insurance Company (Chubb), Policy No. 36058610 regarding the Property. The 

Commercial Insurance Policy was in effect as of the Petition Date and is listed on the attached 

Exhibit “A.” The Commercial Property Liability Insurance Policy provides coverage for, 

among other things, the Property, personal property located within the Property, business 

income, machinery breakdown, flood, and windstorm. The term of the Property and Liability 

Insurance policy is September 28, 2020 through September 28, 2021 and the annual premium is 

$141,846, inclusive of taxes and surcharges. This premium has been paid in full. 

E. General Liability Insurance Policy - Unipharma 

14. Unipharma maintains a General Liability Insurance Policy with Federal 

Insurance Company (Chubb), Policy No. 3605-13-20. The General Liability Insurance Policy 

was in effect as of the Petition Date and is listed on the attached Exhibit “A.” The General 

Liability Insurance Policy provides coverage for, among other things, personal and advertising 

injury, damages to the Property and employee benefits. The term of the General Liability 

Insurance policy is November 6, 2019 through January 1, 2021, and the total premium is 

$16,011, inclusive of taxes and surcharges. The premium has been paid in full. 

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F. General Liability Insurance Policy – Tamarac 

15. Tamarac maintains a General Liability Insurance Policy with Federal Insurance 

Company (Chubb), Policy No. 3605-86-10. The General Liability Insurance Policy was in effect 

as of the Petition Date and is listed on the attached Exhibit “A.” The General Liability 

Insurance Policy provides coverage for, among other things, personal and advertising injury, 

damages to the Property and employee benefits. The term of the General Liability Insurance 

policy is November 14, 2020 through September 28, 2021, and the annual premium is 

approximately $7,899, inclusive of taxes and surcharges. This estimated premium remains due 

and owing. 

G. Products Liability Insurance Policy 

16. Unipharma maintains a Products Liability Insurance Policy with the Chubb 

Group of Insurance Companies, Policy No. 3605-12-19. The Products Liability Insurance Policy 

was in effect as of the Petition Date and is listed on the attached Exhibit “A.” The Products 

Liability Insurance Policy provides coverage for, among other things, for bodily injury and 

property damage from products and completed operations. The term of the General Liability 

Insurance policy is November 6, 2019 through January 1, 2021, and the total premium is 

$49,808, inclusive of taxes and surcharges. This premium has been paid in full. 

H. Commercial Automobile Liability Insurance 

17. Unipharma maintains a Commercial Automobile Liability Insurance Policy with 

Great Northern Insurance Company, Policy No. (20)7360-64-02. The Commercial Automobile 

Liability Insurance Policy was in effect as of the Petition Date and is listed on the attached 

Exhibit “A.” The Commercial Automobile Liability Insurance Policy provides coverage for 

personal injury and physical damage arising from the use of motor vehicles. The term of the 

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Commercial Automobile Liability Insurance Policy is November 6, 2020 through January 1, 

2021 and the estimated annual premium for the Automobile Liability Insurance Policy totals 

$4,000. Approximately $4,000 remains due and owing for the premium.

I. Product Recall Liability Insurance 

18. Unipharma maintains a Product Recall Liability Insurance Policy with 

Westchester Surplus Lines Insurance Company (Chubb), Policy No. G7174453A-002. The 

Product Recall Liability Insurance Policy was in effect as of the Petition Date and is listed on the 

attached Exhibit “A.” The Product Recall Liability Insurance Policy provides coverage for any 

product recalls. The term of the Product Recall Liability Insurance Policy is October 1, 2020 

through October 1, 2021 and the annual premium totals $34,650. This premium has been paid in 

full. 

J. Cargo Liability Insurance 

19. Unipharma maintains a Cargo Liability Insurance Policy with Navigators Lines 

Insurance Company, Policy No. IS20CARZ03FM901. The Cargo Liability Insurance Policy was 

in effect as of the Petition Date and is listed on the attached Exhibit “A.” The Cargo Liability 

Insurance Policy provides coverage for any shipping-related events. The term of the Cargo 

Liability Insurance Policy is October 24, 2020 through October 24, 2021 and the annual 

premium totals $30,200. This premium has been paid in full. 

K. Cyber Liability Insurance 

20. Unipharma maintains a Cyber Liability Insurance Policy with North American 

Capacity Insurance Company, Policy No. C-4LKR-04429-CYBER-20204LKR-04429-CYBER2020. The Cyber Liability Insurance Policy was in effect as of the Petition Date and is listed on 

the attached Exhibit “A.” The Cyber Liability Insurance Policy provides coverage for cyber 

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incidents, business interruption and extra expenses, digital data recovery and network extortion. 

The term of the Cyber Liability Insurance Policy is November 3, 2020 to November 3, 2021. 

The annual premium totals $11,325. This estimated premium has been paid in full. 

L. Private Management Liability Insurance 

21. Unipharma maintains a Private Management Liability Insurance Policy with 

Scottsdale Indemnity Company, Policy No. EK-13351396. The Private Management Liability 

Insurance Policy was in effect as of the Petition Date and is listed on the attached Exhibit “A.” 

The Private Management Liability Insurance Policy provides coverage for omissions, errors, 

misstatements, neglect or breach of duty (D&O), wrongful acts pertaining to employment and 

work environment (employment practices). The term of the Private Management Liability 

Insurance Policy is October 18, 2020 to October 18, 2021. The annual premium totals $89,057. 

This premium has been paid in full. 

M. Excess Private Management Liability Insurance 

22. Unipharma maintains an Excess Private Management Liability Insurance Policy 

with Scottsdale Indemnity Company, Policy No. ANV-147983A. The Excess Private 

Management Liability Insurance Policy was in effect as of the Petition Date and is listed on the 

attached Exhibit “A.” The Excess Private Management Liability Insurance Policy provides 

excess coverage for omissions, errors, misstatements, neglect or breach of duty (D&O), wrongful 

acts pertaining to employment and work environment (employment practices) beyond that 

provided in the Private Management Liability Insurance Policy with Scottsdale Indemnity 

Company, Policy No. EK-13351396, ¶20, above. The term of the Private Management Liability 

Insurance Policy is October 18, 2020 to October 18, 2021. The annual premium totals $57,750. 

This premium has been paid in full. 

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N. Crime Liability Insurance 

23. Unipharma maintains a Crime Liability Insurance Policy with Hiscox Insurance 

Company, Policy No. UC24625111.20. The Crime Liability Insurance Policy was in effect as of 

the Petition Date and is listed on the attached Exhibit “A.” The Crime Liability Insurance 

Policy provides coverage for employee theft and third party’s property. The term of the Crime 

Liability Insurance Policy is October 18, 2020 to October 18, 2021. The annual premium totals 

$6,672. This premium has been paid in full. 

O. Run Off D&O & Entity Liability Employment Practices Liability Insurance 

24. Unipharma maintains a D&O & Entity Liability Employment Practices

Liability Insurance Policy with Federal Insurance Company, Policy No. 8621-1855. The D&O & 

Entity Liability Employment Practices Policy was in effect as of the Petition Date and is listed on 

the attached Exhibit “A.” The D&O & Entity Liability Employment Practices Liability 

Insurance Policy provides run off coverage for omissions, errors, misstatements, neglect or 

breach of duty (D&O), wrongful acts pertaining to employment and work environment 

(employment practices) directors and officers and employment practices, and wrongful acts or 

breaches of duties relating to a pension benefit or welfare benefit plan (fiduciary liability) for 

pending or prior proceedings date of October 18, 2020. The term of the D&O & Entity Liability 

Employment Practices Liability Insurance Policy is October 18, 2020 to October 18, 2026. The 

annual premium totals $34,995. This premium has been paid in full. 

P. Flood Liability Insurance – Unipharma 

25. Unipharma maintains a Flood Liability Insurance Policy, No. 87059697482019, 

with Capital Preferred Insurance. The Flood Liability Insurance Policy was in effect as of the 

Petition Date and is listed on the attached Exhibit “A.” The Flood Liability Insurance Policy 

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provides flood coverage regarding the Property. The term of the Flood Liability Insurance Policy 

is October 5, 2020 to October 5, 2021. The annual premium totals $1,055. This premium has 

been paid in full. 

Q. Flood Liability Insurance – Tamarac 

26. Tamarac maintains a Flood Liability Insurance Policy, No. 09-1151902239-01, 

with Wright National Flood Insurance Company. The Flood Liability Insurance Policy was in 

effect as of the Petition Date and is listed on the attached Exhibit “A.” The Flood Liability 

Insurance Policy provides flood coverage regarding the Property. The term of the Flood Liability 

Insurance Policy is November 16, 2020 to November 16, 2021. The annual premium totals $925. 

This premium has been paid in full. 

Relief Requested and Basis Therefor 

27. The Debtors seek authority, in their reasonable business judgment, to (i) continue 

to administer the insurance policies described herein (collectively, the “Insurance Policies”); and 

(ii) continue to pay certain claims, deductibles and/or premiums if and to the extent any may 

become due and payable according to the terms of the Insurance Policies. The Debtors further 

request authority to pay certain amounts as they come due under the Insurance Policies in the 

ordinary course of its business, if and to the extent such amounts become due. For the reasons 

set forth below, the Debtors believe that the relief requested is necessary and appropriate under 

the circumstances. 

28. Section 105(a) of the Bankruptcy Code provides, in relevant part: 

The court may issue any order, process, or judgment that is necessary or 

appropriate to carry out the provisions of this title. 

11 U.S.C. § 105(a). 

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29. Section 363(c) of the Bankruptcy Code provides, in relevant part: 

If the business of the debtor is authorized to be operated under section...1108... of 

this title [title 11] and unless the court orders otherwise, the trustee may enter into 

transactions, including the sale or lease of property of the estate, in the ordinary 

course of business, without notice or a hearing, and may use property of the estate 

in the ordinary course of business without notice or a hearing.

11 U.S.C. § 363(c). 

30. It is essential for the Debtors to maintain the Insurance Policies, which provide a 

comprehensive range of coverage for the Debtors. If the Insurance Policies are allowed to lapse, 

the Debtors will be exposed to substantial liability for any damages resulting to persons or 

property of the Debtors and others, and the Debtors would have to bear the costs and expenses of 

defense litigation. Moreover, maintenance of the Insurance Policies is mandatory under the 

United States Trustee guidelines and various state and federal laws. 

31. The Debtors’ continued operations and sale efforts require that the Insurance 

Policies be maintained on an ongoing and uninterrupted basis. In maintaining those obligations, 

it is crucial that the administrative fees paid to providers and the premiums paid for the Insurance 

Policies, to the extent applicable, are continued and maintained by the Debtors. For example, the 

risk that eligible claimants will not receive payments with respect to employment-related injuries 

may have a devastating effect on the financial well-being and morale of the employees, and their 

willingness to remain in the Debtors’ employ. Departures by employees at this critical time may 

result in a severe disruption of the Debtors’ businesses to the detriment of all parties in interest. 

32. For all the reasons stated in this Motion, maintenance of the Insurance Policies, 

payment of all premiums and other amounts due, if and to the extent such payments are due from 

the Debtors, and continuance of the various administration programs serve the best interests of 

the Debtors’ bankruptcy estates and is required by the United States Trustee’s guidelines, Item 

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No. 5 (Proof of Insurance) and federal and/or state law as a condition of operations. 

Consequently, the Court should approve the relief requested in this Motion, which relief has been 

granted in other chapter 11 cases in this District. See, e.g., In re Ruden McClosky, P.A., Case 

No. 11-40603 (RBR) (Bankr. S.D. Fla. Dec. 5, 2011) (Ray, J.); In re Maguire Group Holdings, 

Inc. et al., Case No. 11-39347 (RAM) (Bankr. S.D. Fla. Nov. 30, 2011) (Mark, J.); In re 

HearUSA, Inc., Case No. 11-23341 (EPK) (Bankr. S.D. Fla. May 20, 2011) (Kimball, J.); In re 

Gulfstream Intern. Group, Inc., et al., Case No. 10-44131 (JKO) (Bankr. S.D. Fla. Nov. 8, 2010) 

(Olson, J.); In re DM Indus., Ltd., Case No. 09-15533 (LMI) (Bankr. S.D. Fla. April 10, 2009) 

(Isicoff, J.). 

Expedited Consideration and Waiver of any Applicable Stay 

33. The Debtors respectfully request expedited consideration of this Motion pursuant 

to Bankruptcy Rule 6003, which empowers a court to grant relief within the first 21 days after 

the commencement of a Chapter 11 case “to the extent that relief is necessary to avoid immediate 

and irreparable harm. Here, the Debtors believe an immediate and orderly transition into 

Chapter 11 is critical to the viability of its operations and that any delay in granting the relief 

requested could hinder the Debtors’ operations and cause irreparable harm. Furthermore, the 

failure to receive the requested relief during the first 21 days of these Chapter 11 cases would 

severely disrupt the Debtors’ operations at this critical juncture. Accordingly, the Debtors 

submit that they have satisfied the “immediate and irreparable harm” standard of Bankruptcy 

Rule 6003 and, therefore, respectfully request that the Court approve the relief requested in this 

Motion on an expedited basis. 

34. To implement the foregoing successfully, the Debtors request that the Court enter 

an order providing that notice of the relief requested herein satisfies Bankruptcy Rule 6004(a) 

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and that the Debtors have established cause to exclude such relief from the 14-day stay period 

under Bankruptcy Rule 6004(h). 

Reservation of Rights 

35. Nothing contained herein is intended or should be construed as an admission as to 

the validity of any claim against the Debtors, a waiver of the Debtors’ rights to dispute any 

claim, or an approval or assumption of any agreement, contract, or lease under Bankruptcy Code 

section 365. The Debtors expressly reserve their right to contest any claim related to the relief 

sought herein. Likewise, if the Court grants the relief sought herein, any payment made pursuant 

to an order of the Court is not intended to be nor should it be construed as an admission as to the 

validity of any claim or a waiver of the Debtors’ rights to subsequently dispute such claim. 

 WHEREFORE, the Debtors respectfully request that the Court hear this Motion on an 

emergency basis and enter an order in the form attached hereto as Exhibit “B,” (i) granting the 

relief requested in this Motion, and (ii) granting such other relief as the Court deems just and 

proper. 

Dated: December 7, 2020 Respectfully submitted, 

 BERGER SINGERMAN LLP 

 Proposed Counsel for Debtors in Possession 

1450 Brickell Avenue, Suite 1900 

 Miami, FL 33131 

 Telephone: (305) 755-9500 

 Facsimile: (305) 714-4340 

 By: /s/ Christopher Andrew Jarvinen 

 Paul Steven Singerman 

 Florida Bar No. 0378860 

 singerman@bergersingerman.com 

 Christopher Andrew Jarvinen 

 Florida Bar No. 21745 

 cjarvinen@bergersingerman.com 

 

Case 20-23346-PDR Doc 15 Filed 12/07/20 Page 13 of 21
10134104-4 

EXHIBIT “A” 

(LIST OF INSURANCE POLICIES) 

Case 20-23346-PDR Doc 15 Filed 12/07/20 Page 14 of 21
EXHIBIT A

$34,700,000 - Building - Each Occurrence $10,000 - Building 239,996 $ 

Unipharma, LLC $26,800,000 - Personal Property - Each Occurrence $10,000 - Personal Property Remaining balance: $0.00

PROPERTY $3,000,000 - Business Income - Each Occurrence $10,000 - Business Income 

10/1/2020 - 10/1/2021 $1,000,000 - Flood* $500,000 - Flood*

*See policy for specific sublimits and deductibles 

$1,000,000 - Each Occurrence NA - Deductible 16,011 $ 

Unipharma, LLC $2,000,000 - General Aggregate Remaining balance: $0.00

$1.000,000 - Personal & Advertising Injury

GENERAL LIABILITY $1,000,000 - Damage to Premises rented to You

11/06/2019 - 01/01/2021

$10,000 - Medical Expense

Employee Benefits Liability $1,000 - Deductible

$1,000,000 - Each Employee

$1,000,000 - Aggregate Retroactive Date: 11/1/2018

Unipharma, LLC 

$10,000,000 - Each Occurrence $15,000 - Deductible 49,808 $ 

PRODUCT LIABILITY Remaining balance: $0.00

11/06/2019 - 01/01/2021

$10,000,000 - Products/Completed Operations Aggregate

Retroactive Date: 3/15/2018

Unipharma, LLC 

AUTO $1,000,000 - Liability $1,000 - Comprehensive 4,000 $ 

11/06/2020 - 11/06/2021 $1,000 - Collision Estimated remaining balance: $4,000

Unipharma, LLC 

WORKERS COMPENSATION WC - Statutory NA - Deductible 4,170 $ 

08/08/2020 - 08/08/2021 $100,000 - Bodily Injury by Accident Remaining balance: $0.00

$500,000 - Bodily Injury by Disease, Each Employee Total Payroll - $2,368,637

$100,000 - Bodily Injury by Disease, Policy Limit

Unipharma, LLC 

$1,000,000 - Each Insured Event $50,000 - Self Insured Retention 34,650 $ 

PRODUCT RECALL $1,000,000 - Aggregate Remaining balance: $0.00

10/1/2020 - 10/1/2021

Unipharma, LLC 

$250,000 - Vessel and connecting conveyances $2,500 - Deductible 30,200 $ 

CARGO $250,000 - Aircraft $5,000 - Storage Remaining balance: $0.00

10/24/2020 - 10/24/2021 $250,000 - Domestic truck, trailer or rail car $100,000 - for perils of Quake, 

windstorm, tornado and flood 

$1,000 - Packaged shipped by mail or parcel post

$5,000,000 Network & Information Security -3rd Party $10,000 - Deductible

Unipharma, LLC $5,000,000 Regulatory Defense & Penalties-3rd Party $10,000 - Deductible 11,325 $ 

$5,000,000 Multimedia Content Liability-3rd Party $10,000 - Deductible Remaining balance: $0.00

CYBER $5,000,000 PCI Fines & Acessments-3rd Party $10,000 - Deductible

11/3/2020 - 11/3/2021 $5,000,000 Breach Response-1st Party $10,000 - Deductible

$5,000,000 Crisis Mgmt & Public Relations-1st Party $10,000 - Deductible

$5,000,000 Cyber Extortion-1st Party $10,000 - Deductible

$5,000,000 Business Interruption & Extra Exp.-1st Party $10,000 - Deductible

$5,000,000 Digital Asset Restoration-1st Party $10,000 - Deductible

$500,000 Funds Transfer Fraud-1st Party $25,000 - Deductible

$5,000,000 Affrefate Policy Limit of Liability

Unipharma, LLC $1,000,000 - Employment Practices Liability $10,000 - Deductible 5,696 $ 

$1,000,000 - Third Party Liability $10,000 - Deductible Remaining balance: $0.00

EMPLOYMENT PRACTICES LIABILITY

09/05/2020 - 09/05/2021

Retroactive Date: 09/05/2017

Unipharma, LLC

PRIVATE MANAGEMENT LIABILITY FULL $3,000,000 - Employment Practices - Aggregate $25,000 - Deductible 89,057 $ 

PROGRAM $5,000,000 - Directors and Officers - Aggregate $50,000 - Deductible Remaining balance: $0.00

10/18/2020-10/18/2021 EK13351396 Scottsdale Indemnity 

Company

36051320 Federal Insurance 

Company (Chubb)

G7174453A 002

(20)7360-64-02 Great Northern 

Insurance Co. (Chubb)

AWC1133808 AmTrust North 

America

36051219

8255-1301 Federal Insurance 

Company (Chubb)

C-4LRK-04429-

CYBER-2020

Unipharma, LLC 

Policy Digest 2020-21

Insured/Coverage Line Policy Number Carrier Limits Deductible Premium

North American 

Capacity Insurance 

Company

3605-85-21 Federal Insurance 

Company (Chubb)

Westchester Surplus 

Lines Insurance Co. 

(Chubb)

IS20CARZ03FM901 Navigators Insurance 

Company, Inc.

Chubb Group of 

Insurance Companies

Case 20-23346-PDR Doc 15 Filed 12/07/20 Page 15 of 21
EXHIBIT A

Unipharma, LLC

EXCESS PRIVATE MANAGEMENT 

LIABILITY ANV147983A Republic-Vanguard 

Insurance Company

10/18/2020-10/18/2021 $5,000,000 - Directors and Officers - Aggregate $ 57,750

Remaining balance: $0.00

Unipharma, LLC

$1,000,000 - Employee Theft $10,000 - Deductible 6,672 $ 

CRIME $1,000,000 - Third Parts' Property $10,000 - Deductible Remaining balance: $0.00

10/18/2020-10/18/2021 UC24625111.20 Hiscox Insurance 

Company, Inc.

*See policy for specific sublimits and deductibles 

Unipharma, LLC

D&O & ENTITY LIABILITY $3,000,000 - Directors and Officers - Aggregate $25,000 - Deductible 34,995 $ 

EMPLOYMENT PRACTICIES LIABILITY $1,000,000 - Employment Practices - Aggregate $10,000 - Deductible Remaining balance: $0.00

FIDUCIARY LIABILITY 8261-1855 Federal Insurance 

Company (Chubb) $1,000,000 - Fiduciary Liability - Aggregate NA - Deductible

10/18/2020-10/18/2026

*See policy for specific sublimits and deductibles 

Unipharma, LLC

FLOOD $ 1,055

10/5/2020-10/5/2021 87059697482019 Capital Preferred 

Insurance Company Remaining balance: $0.00

Unipharma, LLC

KEY MAN LIFE AND DISABILITY 

INSURANCE

Covers both Raimundo & Reinaldo 

Santamarta BO621FUNIP000419 Lloyd's of London $ 49,500

12/15/2019-12/15/2020 Remaining balance: $0.00

Unipharma, LLC

PERSONAL UMBRELLA REINALDO J. 

SANTAMARTA 67211339-1 Progressive American 

Insurance Company $ 1,086

5/10/2020 - 5/10/2021 Remaining balance: $0.00

Tamarac 10200, LLC $30,000,000 - Building - Each Occurrence $10,000 - Building 141,846 $ 

PROPERTY $500,000 - Personal Property - Each Occurrence $10,000 - Personal Property Remaining balance: $0.00

09/28/2020 - 09/28/2021

Tamarac 10200, LLC

FLOOD 09 1151902239 01 Wright National Flood 

Insurance Company $ 925

11/16/2020-11/16/2021 Remaining balance: $0.00

Tamarac 10200, LLC $1,000,000 - Each Occurrence NA - Deductible 7,899 $ 

GENERAL LIABILITY $2,000,000 - General Aggregate Estimated remaining balance: $7,899.00

11/14/2020-09/28/2021 $1.000,000 - Personal & Advertising Injury

$1,000,000 - Damage to Premises rented to You

$10,000 - Medical Expense

36058610 Federal Insurance 

Company (Chubb)

36058610 Federal Insurance 

Company (Chubb)

Case 20-23346-PDR Doc 15 Filed 12/07/20 Page 16 of 21
10134104-3 

EXHIBIT “B” 

(PROPOSED ORDER) 

Case 20-23346-PDR Doc 15 Filed 12/07/20 Page 17 of 21
10134105-3 

UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

FORT LAUDERDALE DIVISION 

www.flsb.uscourts.gov 

In re: 

 

TAMARAC 10200, LLC and Case No. ____________________ 

UNIPHARMA, LLC, Case No. ____________________ 

 Debtors1

. Chapter 11 Cases 

 (Joint Administration Pending) 

___________________________________/ 

ORDER GRANTING DEBTORS’ EMERGENCY MOTION FOR 

AUTHORIZATION TO (I) CONTINUE TO ADMINISTER INSURANCE 

POLICIES AND RELATED AGREEMENTS; AND (II) HONOR 

CERTAIN OBLIGATIONS IN RESPECT THEREOF 

THIS MATTER having come before the Court for a hearing on December ___, 2020 at 

_____ a.m./p.m. in Fort Lauderdale, Florida upon the Debtors’ Emergency Motion for 

Authorization to (I) Continue to Administer Insurance Policies and Related Agreements; and (II) 

Honor Certain Obligations in Respect Thereof [ECF No. ____] (the “Motion”) filed by the 

above-captioned debtors-in-possession (the “Debtors”). The Court finds that: (i) it has 

1 The last four digits of each Debtor’s federal tax identification number are Tamarac 10200, LLC (2050) and 

Unipharma, LLC (8962). The address of the Debtors is 10200 N.W. 67th Street, Tamarac, FL 33321. 

Case 20-23346-PDR Doc 15 Filed 12/07/20 Page 18 of 21
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10134105-3 

jurisdiction over the matters raised in the Motion pursuant to 28 U.S.C. §§ 157 and 1334; (ii) this 

is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(A), and that this Court may enter a final 

order consistent with Article III of the Constitution; (iii) venue is proper before this Court 

pursuant to 28 U.S.C. §§ 1408 and 1409; (iv) the relief requested in the Motion is in the best 

interests of the Debtors, their estates, their creditors and other parties in interest; (v) notice of the 

Motion and the hearing were appropriate under the circumstances and no other notice need be 

provided; and (vi) upon review of the record before the Court, including the legal and factual 

bases set forth in the Motion and the First Day Declaration2

 and the statements made by counsel 

at the hearing, good and sufficient cause exists to grant the relief requested. Accordingly, it is 

ORDERED as follows: 

1. The Motion is GRANTED effective as of the Petition Date. 

2. The Debtors may, in their reasonable business judgment, continue to administer 

and maintain the Insurance Policies (as described in Exhibit “A” to the Motion) post-petition in 

the ordinary course of their business, including obligations for the payment of (i) premiums, if 

any; and (ii) certain claims or deductibles if and to the extent they may become due and payable 

according to the terms of the Insurance Policies. 

3. The Debtors are authorized, but not directed, to pay any outstanding premiums as 

of the Petition Date to the extent set forth on Exhibit A with respect to any of the Insurance 

Policies. 

4. To the extent that the Insurance Policies may be deemed executory contracts to 

which the Debtors are a party, entry of this Order shall not constitute an assumption of those 

Insurance Policies pursuant to 11 U.S.C. § 365(a). 

2

 Capitalized terms used herein shall have the meanings ascribed to them in the Motion. 

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10134105-3 

5. The banks and financial institutions on which checks were drawn or electronic 

payment requests made in payment of the prepetition obligations approved herein are authorized 

to receive, process, honor, and pay all such checks and electronic payment requests when 

presented for payment, and all such banks and financial institutions are authorized to rely on the 

Debtors’ designation of any particular check or electronic payment request as approved by this 

Order. 

6. Notwithstanding the relief granted herein and any actions taken hereunder, 

nothing contained in the Motion or this Order or any payment made pursuant to this Order shall 

constitute, nor is it intended to constitute, an admission as to the validity or priority of any claim 

or lien against the Debtors, a waiver of the Debtors’ right to subsequently dispute such claim or 

lien, or the assumption or adoption of any agreement, contract, or lease under section 365 of the 

Bankruptcy Code. 

7. The Debtors are authorized to issue post-petition checks, or to effect post-petition 

fund transfer requests, in replacement of any checks or fund transfer requests that are dishonored 

as a consequence of these chapter 11 cases with respect to pre-petition amounts owed in 

connection with any Insurance Policies. 

8. Notwithstanding the relief granted in this Order, any payment made by the 

Debtors pursuant to the authority granted herein shall be subject to and in compliance with any 

interim or final order entered by the Court approving the Debtors’ entry into any post-petition 

debtor in possession financing facility (the “DIP Financing Order”). To the extent that there is 

any inconsistency between the terms of this Order and the DIP Financing Order, the terms of the 

DIP Financing Order shall control. 

9. The contents of the Motion satisfy the requirements of Bankruptcy Rule 6003(b). 

Case 20-23346-PDR Doc 15 Filed 12/07/20 Page 20 of 21
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10134105-3 

10. Notice of the Motion satisfies the requirements of Bankruptcy Rule 6004(a). 

11. Notwithstanding Bankruptcy Rule 6004(h), the terms and conditions of this Order 

are immediately effective and enforceable upon its entry. 

12. The Debtors are authorized to take all actions necessary to effectuate the relief 

granted in this Order in accordance with the Motion. 

13. This Court retains exclusive jurisdiction with respect to all matters arising from or 

related to the implementation, interpretation, and enforcement of this Order. 

# # # 

Submitted by: 

Christopher Andrew Jarvinen, Esq. 

cjarvinen@bergersingerman.com 

BERGER SINGERMAN LLP 

1450 Brickell Avenue, Ste. 1900 

Miami, FL 33131 

Telephone: (305) 755-9500 

Facsimile: (305) 714-4340 

(Christopher Andrew Jarvinen, Esq. is directed to serve a copy of this order on interested parties 

and file with the Court a certificate of service.) 

Case 20-23346-PDR Doc 15 Filed 12/07/20 Page 21 of 21