J.K. PROJECT GROUP, INC. v. ACE AMERICAN INSURANCE COMPANY Complaint

Case 1:15-cv-23984-KMW Document 1-2 Entered on FLSD Docket 10/23/2015 Page 1 of 82
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EXHIBIT
EXHIBIT 1
1
10/13/2015 4:35 PM

Filing# 19961850 Electronically Filed 10/29/2014 12:40:32 PM
FORM 1.997. CIVIL COVER SHEET

The civil cover sheel and the information contained herein neither replace nor supplement the filing and service
of
pleadings or other papers as required by law. This form shall be filed by the plaintiff or petitioner for the use of the Clerk
of the Court for the purpose of reporting judicial workload data pursuant to Florida Statues section 25.075.
I.
CASE STYLE
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT.

IN AND FOR MIAMI-DADE COUNTY. FLORIDA
Case No.:.
Judge:
J.K. Project Group. Inc.

Plaintiff
vs.
ACE American Insurance Company

Defendant
II.
TYPE OF CASE
fl
? Condominium
Other real properly actions $50,001 - $249,999

Other real property actions $250,000 or more
fl
Professional malpractice
fl Contracts and indebtedness

i
fl Eminent domain
? Auto negligence
fl
Malpractice - business
A Negligence - other
fl
Malpractice - medical
fl
Malpractice - other professional
Business governance
Business torts
Environmental/Toxic tort
Third party indemnification
Business Transaction
Construction defect
fl
Circuit Civil - Not Applicable
fl
Mass tort
Negligent security
Constitutional challenge-statute or
ordinance
fl
Nursing home negligence
A,
Premises liability - commercial
Premises liability residential
Other
fl
fl
Antitrust/TradB Regulation
Constitutional challenge-proposed
amendment
fl
Corporate Trusts
? Products liabilily
Discrimination-employment or other
fl Real Property/Mortgage foreclosure
fl
Insurance claims
Commercial foreclosure $0 - $50,000
fl
Intellectual property
fl
Commercial foreclosure $50,001 - $249,999
Ubei/Slander
Commercial foreclosure $250,000 or more
Shareholder derivative action
fl
Homestead residential foreclosure $0 - 50,000

Homestead residential foreclosure $50,001 $249,999
fl
Securities litigation
fl
Homestead residential foreclosure $250,000 or

more
fl
Non-homestead residential foreclosure $0 $50,000
fl
fl
Non-homestead residential foreclosure $50,001

- $249,999
Non-homestead residential foreclosure $250,00
or more
Other real property actions $0 - $50,000
Trade secrets
Trust litigation
COMPLEX BUSINESS COURT

This action is appropriate for assignment to Complex Business Court as delineated and mandated
by the Administrative Order. Yes ? No
III.
IV.
REMEDIES SOUGHT (check all that apply):
J3
Monetary;
Non-monetary
Non-monetary declaratory or Injunctive relief;
Punitive
NUMBER OF CAUSES OF ACTION: (
(Specify)
V.
IS THIS CASE A CLASS ACTION LAWSUIT?

?
Yes
M No
VI.
HAS NOTICE OF ANY KNOWN RELATED CASE BEEN FILED?
M No
?
I
"!
VII.
Yes - If "yes" list all related cases by name, case number and court:
IS JURY TRIAL DEMANDED IN COMPLAINT?

13
Yes
? No
I CERTIFY that the information I have provided in this cover sheet Is accurate to the best of my knowledge
and belief.
Signature s/ Mariano R Gonzalez

Attorney or party
Mariano R Gonzalez
(Type or print name)
FL Bar No.:
983063
(Bar number, if attorney)
10/29/2014
Date

Filing# 19961850 Electronically Filed 10/29/2014 12:40:32 PM
IN THE CIRCUIT COURT OF THE
1 1 JUDICIAL CIRCUIT IN AND

FOR MIAMI-DADE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION

CASE NO.
J.K. PROJECT GROUP, INC.,
a Florida Corporation.
Plaintiff,
vs.
ACE AMERICAN INSURANCE COMPANY,

a Foreign Corporation.
Defendant.
COMPLAINT
Plaintiff, J.K. PROJECT GROUP, INC. ("J.K. PROJECT"), a Florida Corporation, by and
through undersigned counsel, hereby sues the Defendant, ACE AMERICAN INSURANCE
COMPANY ("ACE"), a Foreign corporation, and states as follows:
I.
This is an action for breach of contract wherein Plaintiff seeks damages in excess
I
of $15,000.00.
:]
2.
Plaintiff, J.K. PROJECT, is a Florida Corporation duly authorized to conduct business
in the State of Florida and operates a gas station in Miami-Dade County, Florida.
3.
Defendant ACE is, upon information- and belief, a corporation duly authorized to
conduct business in the State of Florida, and which does, in fact, issue policies of insurance in Miami
Dade County, Florida.
4.
Defendant issued an insurance policy to Plaintiff bearing Policy No. TSP G2467 1 859
001, which insured the gas station located at 6776 SW 1 17 Avenue, Miami, FL 33183, at all relevant
times herein. Policy number TSP G24671859 001 is hereto attached as Exhibit "A."
1
5.
On or about April 27, 2010, while the subject policy was in full force and effect,
Plaintiff suffered damage lo their business as a result of a release of petroleum from an underground
storage tank which contaminated the property. Upon inspection in August 2010, Plaintiff discovered
the high levels of contamination by way of "free floating product" and notified Defendant of loss on
August 10, 2010.
6.
As such, Plaintiff filed a claim with Defendant and said claim was assigned Ace No.:
JY10J0448470.
7.
Plaintiff complied with and performed all conditions precedent under the subject
policy for the recovery of benefits and/or said conditions were waived by Defendant.
8.
However, Defendant, by word, conduct and deed, has denied coverage and has refused
to pay the benefits due for the covered loss.
9.
Defendant, therefore, has breached the terms of the subject contract of insurance by
failing to pay the benefits which became due and owing to Plaintiff as a result of the covered loss.
10.
As a result of Defendant's breach, Plaintiff has suffered damages in the amount of
insurance benefits dne and owing to them under the subject policy.
1 1,
Defendant's conduct has caused Plaintiff to retain the services of the undersigned
attorney to represent them in this action, and Defendant is, therefore, also liable for reasonable
attorney's fees pursuant to Fla.Stat. 627.428 for such services.
WHEREFORE, Plaintiff, J.K. PROJECT GROUP, INC., a Florida corporation, demands
judgment against the Defendant, ACE AMERICAN INSURANCE COMPANY, a Foreign
corporation, for (i) damages and interest thereon, (ii) attorney's fees and costs pursuant to Fla.Stat.
627.428, and (iii) such other and farther relief as this couit deems just and proper.
DEMAND FOR JURY TRIAL
Plaintiffs demand a trial by jury of all issues so triable as of right by jury.
Dated this 29th day of October, 2014.
Law Offices of
Gonzalez & Associates, P.A.
Attorney for Plaintiffs
3600 Red Road, Suite 603

Miramar, Florida 33025
Tel:
954-538-1304
Email 1: mg@gonzalezlegal.com
Email 2: jennifer@gonzalezlegal.com
By: /s/ Mariano R. Gonzalez

Mariano R. Gonzalez, Esq.
Florida Bar No.: 983063
:!
EXHIBIT "A
Declarations -
Underground Storage Tanks

Liability Policy Claims-Made
POLICY IDENTIFICATION
NAMED INSURED AND ADDRESS
J.K. Project Group, Inc.
G 24 671859 001
TSP
6776 S.W. 117 Avenue

Miami, FL 33183
PRODUCER CODE: 277240
MARKETING OFFICE:
Philadelphia
MARKET HAZARD CODE: N/A

INDUSTRY CODE: N/A
PIIC CODE: 5541
OF
POLICY IS:
: New
NAMED INSURED IS
: J.K. Project Group, Inc.
BUSINESS OF INSURED
: Misc. - Petroleum Storage
POLICY PERIOD
: FROM 10/01/2009
G24671859
TO
10/01/2010
At 12:01 A.M. standard lime at your mailing address shown above.
IN RETURN FOR THE PAYMENT OF PREMIUM, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATES
IN THIS POLICY, SUBJECT TO ALL THE TERMS AND CONDITIONS OF THIS POLICY.
IMPORTANT NOTICE
!:
THIS POLICY IS ISSUED ON A CLAIMS-MADE BASIS
RETROACTIVE DATE:
COVERAGE A OF THIS INSURANCE DOES NOT APPLY TO "BODILY INJURY" OR

"PROPETY DAMAGE", AND COVERAGE B OF THIS INSURANCE DOES NOT APPLY TO
"CORRECTIVE ACTION COSTS", WHICH OCCUR BEFORE THE RETROACTIVE DATE
SHOWN BELOW.
RETROACTIVE DATE:
UW-5X99 (2/97)
10/01/2009
POLICY IDENTIFICATION
DECLARATIONS - UNDERGROUND STORAGE TANK LIABILITY POLICY
Page 2
CLAIMS-MADE
TSP
G24671859 001
LIMITS OF INSURANCE
UNDERGROUND STORAGE TANK INCIDENT LIMIT
$ 1,000.000
AGGREGATE LIMIT
$ 1.000.000
DEFENSE EXPENSE AMOUNT
$ 1.000.000
DEDUCTIBLES
$10,000
DEDUCTIBLE AMOUNT
(Enler amount of deductible or "none"

if no deductible amount applies.)
EPA IDENTIFICATION AND PREMIUM PAYMENT CONDITIONS
EPA IDENTIFICATION NUMBER (If applicable):. As on file with the insurer

AUDIT PERIOD: None
PAYMENT FREQUENCY: Annual
PAYMENT SCHEDULE: N/A
Premium:
$ 1,767.00
Florida Hurricane Catastrophe
$ 17.67
;
'
Florida Insurance Guaranty Association 2007 Regular Assessment
$ 15.90
$ 1,800.57
TOTAL AMOUNT DUE
(Includes 1% Florida & 0.9% RFIGA2007 lax)
PREMIUMS RESULTING FROM AUDIT ARE NOT INCLUDED IN THE ABOVE.

SCHEDULE OF LOCATIONS
LOCATION NUMBER AND ADDRESS OF INSURED SITE: As on file with the insurer
I.
4.
2.
5.
3.
6.
UW-5X99 (2/97)
COMMERCIAL GENERAL LIABILITY

CG 00 4210 01
UNDERGROUND STORAGE TANK POLICY

DESIGNATED TANKS
THIS FORM PROVIDES CLAIMS-MADE COVERAGE.
PLEASE READ THE ENTIRE FORM CAREFULLY.
COVERAGE A OF THIS POLICY PROVIDES BODILY INJURY AND PROPERTY DAMAGE LIABILITY
COVERAGE ON A CLAIMS-MADE BASIS. COVERAGE B OF THIS POLICY PROVIDES CORRECTIVE
ACTION COSTS COVERAGE ON AN INCIDENT-REPORTED BASIS.
THIS POLICY PROVIDES PAYMENTS FOR DEFENSE EXPENSE WHICH ARE LIMITED UNDER THE
PROVISIONS OF DEFENSE EXPENSE PAYMENTS (PARAGRAPH 2. OF SECTION III).
Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and
what Is and is not covered.
Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any
other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and "our"
refer to the company providing this insurance.
The word "insured" means any person or organization qualifying as such under Section II - Who Is An Insured.
The phrase "first Named Insured" means the first person or organization listed as a Named Insured in the Decla
rations.
Other words and phrases that appear in quotation marks have special meaning. Refer to Section Vi - Definitions.
SECTION I - UNDERGROUND STORAGE TANK
COVERAGE
1. Insuring Agreement
a.
Coverage A- Bodily Injury And Property
Damage Liability
(1) We will pay those sums that the Insured

becomes legally obligated to pay as com
pensatory damages because of "bodily in
jury" or "property damage" to which this in
surance applies.
(2) This insurance applies to "bodily injury" and
"property damage" only if:
(c) A claim for damages because of the

"bodily injury" or "property damage" Is
first made against any insured, in writ
ing, in accordance with Paragraph (3)
below, during the policy period or any
Extended Reporting Period we provide
under Section V - Extended Reporting
Periods.
(3) A claim by a person or organization seek
ing damages will be deemed to have been

made at the earlier of the following times:
(a) When notice of such claim is received
and recorded by any insured or by us,
whichever comes first; or
(a) The "bodily injury" or "property damage"

is caused by an "underground storage
tank incident" that commences on or af
ter the Retroactive Dale shown in the
Declarations of this policy and before
the end of the policy period;
(b) The insured's responsibility to pay dam
ages because of "bodily injury" or "prop
erty damage" is determined in a "suit"
on the merits in the "coverage territory"

or in a settlement we agree to; and
CG 00 42 10 01
(b) When we make a settlement in accor

dance with Paragraph 3. below.
All claims for damages because of "bodily
injury" to the same person, including dam

ages claimed by any person or organization
for care, loss of services or death resulting
at any time from the "bodily injury", will be
deemed to have been made at the time the
first of those claims is made against any in
sured.
ISO Properties, Inc., 2000
Page 1 of 12
All claims for damages because of "prop

erty damage" causing loss to the same per
son or organization as a result of an "un
derground storage tank incident" will be
deemed to have been made at the time the
first of those claims is made against any in
(4) The amount we will pay for damages be

cause of "bodily injury" or "properly dam
age" (Coverage A) or for "corrective action
costs" is limited as described in Paragraph

1. of Section III - Limits Of Insurance.
2. Exclusions
sured.
(4) The amount we will pay for damages be

cause of "bodily injury" or "property dam
age" or for "corrective action costs" (Cov
erage B) is limited as described in
Paragraph 1. of Section III - Limits Of In
This insurance does not apply to:
a. Expected Or Intended injury

"Bodily injury" or "property damage" expected
or intended from the standpoint of the insured.

b. Contractual Liability
surance.
b. Coverage B - Corrective Action Costs

(1) We will pay those sums the Insured be
comes legally obligated to pay for "correc
tive action costs" to which this Insurance
applies as a result of an "underground stor
age tank incident".
commences on or after the Retroactive

Date shown in (he Declarations of this
policy and before the end of the policy
period; and
(b) Such "underground storage tank inci

dent" is reported in writing, in accor
dance with Paragraph (3) below, during
the policy period or any Extended Re
porting Period we provide under Section
V - Extended Reporting Periods.
(3) An "underground storage tank incident" will
be considered reported at the earliest time:
(a) You report to us. in writing, an "under

ground storage tank Incident";
(b) You
report
to
an
"implementing
agency", in writing, an "underground
storage tank incident"; or
.
(c) You receive a written notice from an

"implementing agency" which requests
or demands that you take action due to
an "underground storage tank incident".
CG 00 42 10 01
apply to liability for damages thai the insured

would have in the absence of the contract or
c. Workers' Compensation And Similar Laws
(a) An "underground storage tank incident"
the insured is obligated to pay damages by

reason of the assumption of liability in a con
tract or agreement. This exclusion does not
agreement.
(2) This insurance applies only if:

i:
"Bodily injury" or "property damage" for which
Any obligation of the insured under a workers'

compensation, disability benefits or unem
ployment compensation law or any similar law.
d. Employer's Liability
"Bodily injury" to:

(1) An "employee" of the insured arising out of
and in the course of:

(a) Employment by the insured; or
(b) Performing duties related to the conduct
of the insured's business; or

(2) The spouse, child, parent, brother or sister
of that "employee" as a consequence of
Paragraph (1) above.
This exclusion applies:
(1) Whether the insured may be liable as an
employer or in any other capacity; and
(2) To any obligation to share damages with or

repay someone eise who must pay dam
ages because of the injury.
Page 2 of 12
3. Our Right And Duty To Defend
e. Damage To Property
"Property damage" to:
(1) Property you own, rent or occupy, Including

any costs or expenses incurred by you, or
any other person, organization or entity, for
repair, replacement, enhancement, restora
tion or maintenance of such property for

any reason, including prevention of Injury to
a person or damage to another's property;
(2) Premises you sell, give away or abandon, if
the "property damage" arises out of any
part of those premises;
(3) Property loaned to you; or
(4) Personal property in the care, custody or

control of the insured.
f. Failure To Comply With Environmental
Laws
"Bodily injury", "property damage" or "correc

tive action costs" arising out of an "under
ground storage tank incident" which results
from or is directly or indirectly attributable to
failure to comply with any applicable statute,
regulation, ordinance, directive or order relat
ing to the protection of the environment and
promulgated by any governmental body, pro
vided that failure to comply is a willful or delib
erate act or omission of:
(1) The Insured; or
(2) You or any of your members, managers,

partners or "executive officers".
action
costs"
or any other ex
penses:
:]
(1) Resulting from any "underground storage

tank incident" which is intended from the
standpoint of the insured;
(2) Resulting from actions taken to report,
investigate or confirm a "release";
(3) To repair, replace or upgrade any "insured
tank";
(4) Which are fines or penalties imposed by a

federal, state or local governmental authority;
(5) To replace the contents of an "insured
tank"; or
(6) Which are part of your restoration, en

hancement or routine maintenance of any
"insured tank" or of the site where any "in
sured tank" is located.
CG 00 42 10 01
which this insurance applies, or seeking the pay
ment of "corrective action costs" to which this in

surance applies, and to pay or reimburse for "de
fense expense" as provided under Paragraph 2. of
Section III - Limits Of Insurance and Defense Ex
pense Amount and Paragraph 4. - Defense Ex
pense Payments below.

However, we will have no duly to defend the In
sured against, or to pay or reimburse for "defense
expense" for, "suits" seeking damages, or seeking
the payment of "corrective action costs", not cov
ered by this policy.
We may at our discretion investigate any "under

ground storage tank incident" and settle any "suit"
or claim for "bodily injury", "property damage" or
"corrective action costs" that may result.
Our duty to defend and to pay or reimburse for
"defense expense" is limited as described in Para
graph 2. of Section III - Limits Of Insurance and
Defense Expense Amount and Paragraph 4. - De
fense Expense Payments below and ends at the
earlier of the following times:
a. When we have used up the applicable limit of
insurance fn the payment of judgments or set
tlements, or payments or reimbursements for

"corrective action costs"; or
b. When we have used up the Defense Expense

Amount in payments or reimbursements of
"defense expense".
g. Corrective Actions
"Corrective
We wilt have the right and duty to defend the in

sured against any "suit" seeking damages be
cause of "bodily injury" or "property damage" to
This applies both to claims or "suits" pending at

that lime and (hose Hied thereafter.
4. Defense Expense Payments

"Defense expense" payments or reimbursements
are subject to the Defense Expense Amount
shown in the Declarations of this policy. This ap
plies even if, by mutual agreement or court order,
the insured assumes control of the defense of a
"suit" before the Limit Of Insurance or the Defense

Expense Amount is used up. If no Defense Ex
pense Amount is shown in the Declarations of this
policy, the Defense Expense Amount shall be
equal to the Aggregate Limit shown in the Decla
rations of this policy. If the insured assumes con
trol of the defense before the Defense Expense
Amount is used up, we will reimburse the insured,
or pay, for reasonable "defense expense", but only
up to the remaining Defense Expense Amount
then available.
Page 3 of 12
d. An organization other than a partnership, joint
5. Supplementary Payments
venture or limited liability company, you are an

insured. Your "executive officers" and directors
are Insureds, but only with respect to their du
ties as your officers or directors. Your stock
We will pay, with respect to any claim we Investi
gate or settle or any "suit" against an insured we

defend, or any claim or "suit" to which this insur
ance applies and for which an applicable limit of
insurance is available for payment of damages or
holders are also insureds, but only with respect

to their liability as stockholders.
"corrective action costs":
a. All interest on the full amount of any judgment

that accrues after entry of the judgment and
before we have paid, offered to pay, or depos
ited in court the part of the judgment that is
within the applicable limit of insurance.
b. Expenses incurred by the insured for first aid
administered to others at the time of an "un
derground storage tank incident" for "bodily in
jury" to which this insurance applies.
c. Prejudgment interest awarded against the
insured on that part of the judgment we pay. If
we make an offer to pay the applicable limit of
insurance, we will not pay any prejudgment in
terest based on that period of time after the offer.
2,
Each of the following is also an insured:

a. Your "employees", other than either your "ex
ecutive officers" (if you are an organization

other than a partnership, Joint venture or lim
ited liability company) or your managers (if you
are a limited liability company), but only for
acts within the scope of their employment by
you or while performing duties related to the
conduct of your business. However, none of
these "employees" Is an insured for:

(1) "Bodily injury":
(a) To you, to your partners or members (if
you are a partnership or joint venture),

to your members (if you are a limited li
ability company), or to a co-"employee"
while that co-"employeen is either in the
course of his or her employment or per
These amounts will not reduce the Limits Of In

surance or Defense Expense Amount as provided
under Section IN.
6. No Other Obligation Or Liability
forming duties related to the conduct of

your business;
(b) To the spouse, child, parent, brother or
No other obligation or liability to pay sums or to

perform acts or services is covered unless explic
itly provided for in this policy.
sister of that co-"employee" as a conse
quence of Paragraph (1)(a) above; or

(c) For which there is any obligation to
SECTION II - WHO IS AN INSURED
share damages with or repay someone

else who must pay damages because of
1. If you are designated in the Declarations of this
the injury described in Paragraphs (1)(a)

or (b) above.
policy as:
a. An individual, you and your spouse are in

sureds, but only with respect to the conduct of
a business of which you are Ihe sole owner.
b. A partnership or joint venture, you are an in

sured. Your members, your partners and their
spouses are also insureds, but only with re
spect to the conduct of your business.
c. A limited liability company, you are an insured.
Your members are also insureds, but only with
respect to the conduct of your business. Your
(2) "Property damage" to property:
(a) Owned, occupied or used by,

(b) Rented to, in the care, custody or con
trol of, or over which physical control is

being exercised for any purpose by
you, any of your "employees", any partner
or member (if you are a partnership or joint
venture), or any member (if you are a lim

ited liability company).
managers are insureds, but only with respect

to their duties as your managers.
CG 00 4210 01
Page 4 of 12
or organization having proper
If Ihe sum of damages and "corrective action
temporary custody of your property if you die,

but only:
costs" is less than the "Underground Storage Tank
b. Any person
(1) With respect to liability arising out of the

maintenance or use of that property; and
(2) Until your legal representative has been
appointed.
c. Your legal representative if you die, but only

with respect to duties as such. That represen
tative will have all your rights and duties under
this policy.
No person or organization is an Insured with re

spect to the conduct of any current or past part
nership, joint venture or limited liability company
that is not shown as a Named Insured in the Dec
larations of this policy.
SECTION III - LIMITS OF INSURANCE AND

DEFENSE EXPENSE AMOUNT
1. Limits Of Insurance
a. The Limits Of Insurance shown in the Declara

tions of this policy and the rules below fix the
most we will pay regardless of the number of:
(1) Insureds;
(2) Persons or organizations making claims or

bringing "suits";
;
Each payment we make for damages or for "cor

rective action costs" reduces both the "Under
ground Storage Tank Incident" Limit and (he Ag
gregate Limit.
The Limits Of Insurance of this policy apply sepa

rately to each consecutive annual period and to
any remaining period of less than 12 months,
starting with the beginning of Ihe policy period
shown in the Declarations, unless the policy pe
riod is extended after issuance for an additional
period of less than 12 months. In that case, the
additional period will be deemed part of the last
preceding period for purposes of determining Ihe
Limits Of Insurance.
2. Defense Expense Amount
a. The Defense Expense Amount as described in

Paragraph 4. of Section I - Defense Expense
Payments is the most we are obligated to pay
for "defense expense", regardless of the num
ber of:
(3) Claims made or "suits" brought; or
(1) Insureds;
(4) Requests or demands made by "imple

menting agencies" seeking "corrective ac
tion costs" or requiring action by you.
(2) Persons or organizations making claims or

bringing "suits";
b. The Aggregate Limit is the most we will pay for

the sum of:
l
Incident" Limit, we will pay all of any deductible

amount, if applicable, to effect settlement of any
claim or "suit". Upon notice of our payment of a
deductible amount, you shall promptly reimburse
us for the part of the deductible amount we paid.
(1) All damages because of all "bodily injury"

and "property damage"; and
(2) All "corrective action costs".
c. We will pay damages and "corrective action
costs" only for the amount of damages or "cor
rective action costs" which are in excess of the

deductible amount, if any, shown in the Decla
rations. Subject to the Aggregate Limit above,
the most we will pay in any one "underground
storage tank incident" for the sum of:
(1) All damages because of all "bodily injury"

and "property damage"; and
(2) All "corrective action costs"
will be the lesser of the each "Underground

Storage Tank Incident" Limit or the sum of
those damages and "corrective action costs".
CG 00 4210 01
(3) Claims made or "suits" brought; or

(4) "Underground storage tank incidents".
b. Each payment or reimbursement we make for
"defense expense" reduces (he Defense Ex
pense Amount but will not reduce the Limits Of
Insurance.
c. The Defense Expense Amount is not subject to
a deductible, if applicable.
d. The Defense Expense Amount applies sepa
rately to each consecutive annual period and

to any remaining period of less than 12
months, starting with the beginning of (he pol
icy period shown in the Declarations, unless
the policy period Is extended after issuance for
an additional period of less than 12 months. In
that case, the additional period will be deemed
part of the last preceding period for purposes
of determining the Defense Expense Amount.
Page 5 of 12
(3) Cooperate with us in the investigation or

settlement of the claim or defense against
SECTION IV- CONDITIONS

1. Bankruptcy
the "suit", request or demand; and
Bankruptcy or insolvency of the insured or of the

insured's estate will not relieve us of our obliga
tions under this policy.
2. Duties In The Event Of An Underground
Storage Tank Incident
a. You must see to it that we are notified
promptly of an "underground storage tank inci
dent" which may result in a claim, request,

demand or proceeding to impose an obligation
on the insured for damages because of "bodily
injury" or "property damage" or for "corrective

action costs". Notice should include:
(1) How, when and where the "underground
storage tank incident" took place;

(2) The names and addresses of any injured
persons and witnesses; and
(3) The nature and location of any injury, dam
age or "release".
Notice of an "underground storage lank inci
dent" is not notice of a claim under Coverage
A (Section I). Notice of an "underground stor
age tank incident" is not a report of an "under

ground storage tank incident" under Coverage
B (Section I) unless such notice meets the re

porting requirement provided in Paragraph
1 .b.(3) under Coverage B (Section I).
b. If a claim is made or "suit" is brought against
any Insured, or if a request or demand is re
ceived from an "implementing agency" requir
ing action by you, because of an "underground

storage tank incident", you must see to it that
we receive prompt written notice of such claim,
"suit", request or demand.
c.
In connection with an "underground storage
tank incident", you and any other involved in

sured must:
(1) Immediately send us copies of any re
quests, demands, notices, summonses or
legal papers received in connection with
the claim or "suit";
(4) Assist us, upon our request, in the en
forcement of any right against any person

or organization which may be liable to the
insured because of injury or damage to
which this insurance may also apply.
d. With respect to Coverage A, no insured will,
except at that insured's own cost, voluntarily
make a payment, assume any obligation, or
incur any expense,

without our consent.
other than for first aid,
3. Legal Action Against Us

No person or organization has a right under this
policy:
a. To join us as a party or otherwise bring us into
a "suit" asking for damages from an insured; or
b. To sue us under this policy unless all of its
terms have been fully complied with.

A person or organization may sue us to recover
on an agreed settlement or on a final judgment
against an insured; but we will not be liable for

damages or for "corrective action costs" that are
not payable under the terms of this policy or that
are in excess of the applicable limit of insurance.
An agreed settlement means a settlement and re
lease of liability signed by us, the insured and the
claimant or the claimant's legal representative.
4. Other Insurance
If other valid and collectible insurance is available
to the insured for a loss we cover under this pol
icy, our obligations are limited as follows:
a. Primary Insurance
This insurance Is primary except when b. be

low applies. When this insurance is primary,
our obligations are not affected unless any of
the other insurance is also primary. Then, we
will share with all (hat other insurance by the
method described in c. below.
(2) Authorize us to obtain records and other

information;
CG 00 4210 01
Page 6 of 12
If all of the other insurance permits contribu
(1) This insurance is excess over any of the

other insurance, whether primary, excess,
contingent or on any other basis, that is ef
fective prior to the beginning of the policy
period shown in the Declarations of this pol
icy and applies to "bodily injury" or "prop
erty damage" on other than a claims-made
basis or "corrective action costs" on other
than an incident-reported basis, if:
tion by equal shares, we will follow this method

also. Under this approach each insurer con
tributes equal amounts until R has paid its ap
plicable limit of insurance or none of the loss

remains, whichever comes first.
if any of the other insurance does not permit
contribution by equal shares, we will contribute
by limits. Under this method, each insurer's
share is based on the ratio of its applicable
(a) No Retroactive Date is shown in the
limit of insurance to the total applicable limits

of insurance of all insurers.
Declarations of this policy; or
(b) The other insurance has a policy period

which continues after the Retroactive
Date shown in ihe Declarations of this
policy.
(2) When this insurance is excess, we will

have no duty under Section I - Under
ground Storage Tank Coverage to defend
the insured against any "suit" if any other
insurer has a duly to defend the insured
against that "suit". If no other insurer de
fends and the Defense Expense Amount
under this policy has not been used up, we
will undertake to provide a defense In ac
cordance with the provisions of Paragraph
3. of Section I - Underground Storage Tank
Coverage. However, we will be entitled to
the insured's rights against all those other
insurers.
J
:|
c. Method Of Sharing
b. Excess Insurance
(3) When this insurance is excess over other
5.
Premium Audit
a. We will compute ail premiums for this policy in

accordance with our rules and rales.
b. Premium shown in this policy as advance

premium is a deposit premium only. At the
close of each audit period we will compute the
earned premium for that period and send no
tice to the first Named Insured. The due date
for audit and retrospective premiums is the

date shown as the due date on the bill. If the
sum of the advance and audit premiums paid
for the policy period is greater than the earned
premium, we will return the excess to Ihe first
Named Insured.
c. The first Named Insured must keep records of

the information we need for premium computa
tion, and send us copies at such times as we
may request.
insurance, we will pay only our share of the
amount of the loss, if any, that exceeds the

sum of:
(a) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(b) The total of all deductible and selfinsured amounts under all that other in
surance.
6. Representations
By accepting this policy, you agree:
a. The
statements in the Declarations of this
policy are accurate and complete;
b. Those statements are based upon representa

tions you made to us; and
c. We have issued this policy in reliance upon

your representations.
(4) We will share the remaining loss, if any,

with any other insurance that is not de
scribed in this Excess Insurance Provision
and was not bought specifically to apply in
excess of ihe Limits Of Insurance shown in
the Declarations of this policy.
7. Separation Of Insureds
Except with respect to the Limits Of Insurance, the

Defense Expense Amount, and any rights or du
ties specifically assigned in this policy to the first

Named Insured, this insurance applies:
a. As if each
Named
Insured were the only
Named Insured; and

b. Separately
to
each
insured
against
whom
claim is made or "suit" is brought.
CG 00 42 10 01
Page 7 of 12
8. Transfer Of Rights Of Recovery Against

Others To Us
if the insured has rights to recover all or part of

any payment we have made under this policy,
those rights are transferred to us. The insured
must do nothing after loss to Impair them. At our
request, the insured will bring "suit" or transfer
those rights to us and help us enforce them.
9. Policy Issued To Comply With Law Or
Regulation
When requested, we agree to furnish to the direc

tor of the "implementing agency" a signed dupli
cate original of this policy and all endorsements
issued with this policy.
10.Cance!latlon
a. The first Named Insured may cancel this policy

by mailing or delivering to us advance written
notice of cancellation.
b. We may cancel this policy by sending by certi
fied mail, or delivering, to you a written notice
at your last mailing address known to us.
12.Financial Responsibility And Reimbursement

if this policy is issued to certify your compliance
with the Federal Environmental Protection Agency
financial responsibility requirements imposed on
you as an owner or operator of an "insured tank",
we will comply with such financial responsibility
requirements. You agree to reimburse us for any
payment made by us on your behalf which we

would not have been obligated to make under the
terms of this policy but for the agreement con
tained in the first sentence of this condition.
13. Examination Of Your Books And Records
We may examine and audit your books and rec

ords as they relate to this policy at any time during
the policy period and up to three years afterward.
14. Inspections And Surveys
a. We have the right, but are not obligated, to:

(1) Make inspections and surveys at any time;
(2) Give you reports on the conditions we find;

and
(3) Recommend changes.
Cancellation will be effective:

(1) 10 days after you receive notice of cancel
lation if we cancel for nonpayment of pre
mium or misrepresentation by you; or
(2) 60 days after you receive notice of cancel
lation if we cancel for any other reason,
unless we specify a later date in our notice as
the effective date of cancellation.
c. If this policy is cancelled, we will send the first
Named Insured any premium refund due. If we
cancel, the refund will be pro rata. If the first
Named Insured cancels, the refund may be
less than pro rata. The cancellation will be ef

o
b. Any inspections, surveys, reports or recom

mendations relate only to insurability and the
premiums to be charged. We do not make
safety inspections. We do not undertake to
perform Ihe duty of any person or organization
to provide for the health or safety of workers or

the public. And we do not warrant that condi
tions:
(1) Are safe or healthful; or
(2) Comply with laws,
regulations, codes or
standards.
c. This condition applies not only to us, but also

to any rating, advisory, rate service or similar
fective even if we have not made or offered a
organization which makes insurance inspec
refund.
tions, surveys, reports or recommendations.
11. Nonrenewal
If we decide not to renew this policy, we will send

written notice of nonrenewal to you at least 60
days before the end of the policy period. We will
send our nonrenewal notice by certified mail, or
deliver it, to you at your last mailing address
known to us.
CG 00 42 10 01
Page 8 of 12

j
b. When either of the following has occurred:
15. Premiums
The first Named Insured shown in the Declara

tions:
a. Is responsible for the payment of all premiums;

and
b. Will be the payee for any return premium we

pay.
16. If You Are Permitted To Retain Defense

Counsel
If by mutual agreement or court order the Insured

is given the right to retain defense counsel and
neither the Limit Of Insurance nor the Defense
Expense Amount has been used up, the following
(1) A limit of insurance has actually been used
up in the payment of judgments or settle*

menls for damages or In the payment of
"corrective action costs"; or
(2) The Defense Expense Amount has actually

been used up in the payment or reim
bursement of "defense expenses",
we will:
(a) Notify the first Named Insured in writing,

as soon as practicable, that:
(i) Such a limit has actually been used
up and that our duty to defend the
insured against "suits" seeking dam
ages subject to that limit has also
provisions apply:
a. We retain the right, at our discretion, to:
ended; or
(1) Settle, approve or disapprove the settle

ment of any claim or "suit"; and
(ii) The Defense Expense Amount has

actually been used up and that our
duty to defend the insured against
any "suit", seeking damages has
(2) Appeal any Judgment, award or ruling at

our expense.
ended,
b. You and any other involved insured must:

(1) Continue to comply with the Duties In The
Event Of An Underground Storage Tank
incident Condition (Paragraph 2. of this
section) as well as the other provisions of
this policy; and
whichever Is applicable.
(b) Initiate, and cooperate in, the transfer of
control, to any appropriate insured, of
all:
(i) Claims; and
(2) Direct defense counsel of the insured to:
(ii) "Suits" for which the duty lo defend
(a) Furnish us with the information we may

request to evaluate "suils" under this
policy for those "suits"; and
(b) Cooperate with any counsel we may

select to monitor or associate in the de
fense of those "suits".
has ended for the reason described

in b.(1) orb.(2) above
and which are reported to us before that

duty to defend ended.
(c) Take such steps, as we deem appropri

ate, to avoid a default in, or continue
17.Transfer Of Duties When A Limit Of Insurance

Or The Defense Expense Amount Is Used Up
a. If we conclude that, based on "underground

storage tank incidents", claims or "suits" which
have been reported to us and to which this in
surance may apply:
(1) A limit of insurance is likely to be used up
in the payment of judgments or settlements

for damages or in the payment of "correc
tive action costs"; or
(2) The Defense Expense Amount is likely to
be used up in the payment or reimburse
ment of "defense expenses",
we will notify the first Named Insured, in writ

ing, to that effect.
the defense of, such "suits" until such

transfer is completed, provided Ihe ap
propriate insured Is cooperating in com

pleting such transfer.
c. When either b.(1) or b.(2) above has occurred,

the first Named insured, and any other insured
involved in a "suit" seeking damages subject to
that iimit, must:
(1) Cooperate in the transfer of control
of
claims and "suits"; and
(2) Arrange for the
defense of such
"suit"
within such lime period as agreed to be
tween the appropriate insured and us. Ab

sent any such agreement, arrangements for
the defense of such "suit" must be made as
soon as practicable.
CG 00 4210 01
Page 9 of 12
d. We will take no action with respect to defense

for any claim or "suit" if such claim or "suit" is
reported to us after:
(ii) Cooperate with any counsel we may
(1) The applicable limit of insurance has been

used up, even if the Defense Expense
Amount has not been used up; or
(3) Vou have the right to settle any outstanding
select to monitor or associate in de

fense of those "suits".
or additional claims or "suits". However, our

obligation to pay for such a settlement is
limited to the amount within or up to the
(2) The Defense Expense Amount has been
available limit of insurance.
used up, even if the limit of insurance has
g. The exhaustion of:
not been used up.
(1) Any limit of insurance by the payment of:
When either d.(1) or d.(2) above has occurred,

it becomes the responsibility of the first Named
Insured, and any other insured involved in
such a claim or "suit", to arrange defense for
(a) Judgments or settlements for damages;

or
(b) "Corrective action costs"; or
such claim or "suit".
(2) The Defense Expense Amount by the pay
e. The first Named Insured will reimburse us for

expenses we incur in taking those steps we
deem appropriate in accordance with Para
ment or reimbursement of "defense ex

penses",
graph b. above.
and the resulting end of our duty to defend, will
The duty of the first Named Insured to reim

burse us will begin on:
not be affected by our failure to comply with

any of the provisions of this Condition.
(1) The dale on which the applicable limit of

insurance is used up. if we sent notice in
accordance with Paragraph a. above; or
SECTION V- EXTENDED REPORTING PERIODS

1. We will provide one or more Extended Reporting
Periods, as described below, if:
(2) The date on which we sent notice in accor

dance with Paragraph b. above, if we did
not send notice in accordance with Para
graph a. above.
f. If a limit of insurance is available for payment

of damages or "corrective action costs", and If
our duty to defend the insured against "suits"
and to pay "defense expenses" has ended be
cause we have used up the Defense Expense
Amount and we have transferred the control of
defense of "suits" to you, the following provi
sions apply:
a. This policy is cancelled or not renewed; or

b. We renew or replace this policy with insurance
that:
(1) Has a Retroactive Date later than the date

shown in the Declarations of this policy; or
(2) Does not apply to "bodily injury" or "prop
erty damage" on a claims-made basis or

"corrective actions costs1' on an incidentreported basis.
2.
Extended Reporting Periods do not extend the
policy period or change the scope of coverage
(1) We retain the right, at our discretion, to

appeal any judgment, award or ruling at our
expense.
provided. They apply only to claims for:
a. "Bodily injury" or "property damage" caused

by; and
(2) You and any other involved insured must:
b. "Corrective action costs" which result from
(a) Continue to comply with the Duties In

The Event Of An Underground Storage
Tank Incident Condition as well as the
other provisions of this policy; and
an "underground storage tank incident" that com
(b) Direct defense counsel of the insured to:
Once in effect, Extended Reporting Periods may
(I) Furnish us with the information we

may request to evaluate "suits" and
coverage under this policy for those
menced before the end of the policy period, but

not before the Retroactive Dale, if any, shown in
the Declarations.
not be cancelled.
"suits"; and
CG 00 42 10 01
Page 10 of 12
3. A Basic Extended Reporting Period is automati

cally provided, unless you choose to purchase a
Supplemental Extended Reporting Period. When
provided, there is no additional charge for the Ba
sic Extended Reporting Period. The Basic Ex
tended Reporting Period starts with the end of the
policy period and fasts for six months. This period
does not apply to claims for "bodily Injury" or
"properly damage" or for "corrective action costs"
that:
a. Are covered under any subsequent insurance

you purchase; or
b. Would be covered but for the exhaustion of the

applicable amount of either the limits of that
subsequent insurance or the subsequent de
fense expense amount.
c. The insurance provided under the Supplemen

tal Extended Reporting Period Endorsement
will be excess over any other valid and col
lectible
insurance available to the insured,
whether primary, excess, contingent or on any
other basis, whose policy period begins or con

tinues
after
takes effect,
the endorsement
Paragraph 4.b. of Other Insurance in Section

IV - Conditions will be amended accordingly.
d. If the Supplemental Extended Reporting Pe
riod is in effect, we will provide the Supple
mental Aggregate Limit and a Supplemental
Defense Expense Amount as described below,
but only for claims first received and recorded
under Coverage A and incidents reported un

der Coverage B during the Supplemental Ex
tended Reporting Period.
The Basic Extended Reporting Period does not re

instate or increase the Limits of Insurance or the
Defense Expense Amount or extend the policy pe
riod.
The Supplemental Aggregate Limit Of Insur

ance will be equal to the dollar amount shown
in the Declarations In effect at the end of the

policy period for the Aggregate Limit. The Sup
4. Optional Supplemental Extended Reporting
plemental Defense Expense Amount will be
Period Endorsement
equal to the dollar amount shown in the Decla
a. A Supplemental Extended Reporting Period of

two years is available as an option, but only by
an endorsement and for an additional charge.
This supplemental period starts with the end of
the policy period. If the Supplemental Ex
tended Reporting Period is purchased, the Ba
sic Extended Reporting Period does not apply.
rations in effect at the end of the policy period
b. You must notify us in writing of your intent to

purchase the Supplemental Extended Report
ing Period:
(1) Prior to either the end of the policy period
or the date of termination, whichever
comes first, if we cancel or nonrenew this
policy for a reason for which we give less
than 60 days' notice.
Paragraphs 1.b. and 2. of Section III - Limits

Of Insurance And Defense Expense Amount
will be amended accordingly.
SECTION VI - DEFINITIONS
1. "Bodily Injury" means bodily injury, sickness or
disease sustained by a person, including death re
sulting from any of these at any time.

2. "Corrective action costs" means reasonable and
necessary expenses incurred by you in response
to a confirmed "underground storage tank inci
dent" for correclive aclion as specified in 40 CFR

Sections 280.60-280.67 and 40 CFR Section
280.72 promulgated by the Federal Environmental
(2) No less than 30 days prior to either the end

of the policy period or the date of termina
tion, whichever comes first, if we cancel or
nonrenew this policy for a reason for which
we give 60 days' or more notice.
(3) At the same time that you notify us of your
intent to cancel or nonrenew the policy, if
you cancel or nonrenew this policy.

The Supplemental Extended Reporting Period
will not go into effect unless you pay the addi
tional premium promptly when due.
CG 00 4210 01
for the Defense Expense Amount.
Protection Agency (EPA).
3. "Coverage territory" means the United States of
America (including its territories or possessions),

Puerto Rico and Canada.
4. "Defense expense" means payments allocated to
a specific claim or "suit" we investigate, settle or
defend, for its Invesligalion, settlement or de
fense, including:
a. Fees and salaries of attorneys and paralegals
we retain, including attorneys and paralegals
who are our "employees".
Page 11 of 12
b. Fees of attorneys the insured retains when by
b. Loss of use of tangible property that is not
mutual agreement or court order the insured is
physically injured, destroyed or contaminated,

but has been evacuated, withdrawn from use
given the right to retain defense counsel to de

fend a "suit".
d. Reasonable expenses incurred by the Insured

at our request to assist us in the investigation
or defense of the claim or "suit", including ac
tual loss of earnings up to $250 a day because

of time off from work.
e. Costs taxed against the insured in the "suit".
"Defense expense" does not include salaries and

expenses of our "employees" or the insured's
"employees" {other than those described in a. and
d. above) and does not include fees and expenses
of independent adjusters we hire.
5. "Employee" includes a "leased worker". "Em
ployee" does not include a "temporary worker".
6. "Executive officer" means a person holding any of
the officer positions created by your charter,
constitution,
by-laws
or
any other similar
governing document.
case of a state with a program approved under
section 6991c of the Hazardous and Solid Waste

Amendments of 1984, as amended (or pursuant to
a memorandum of agreement with the EPA) the
designated state or local agency responsible for
carrying out an approved underground storage
tank program.
8. "Insured tank" means any petroleum underground
storage tank not excluded or exempted from the
definition of underground storage tank under sec
tion 6991 of the Hazardous and Solid Waste
Amendments of 1984, including any attached un
derground pumps and piping, if such tank is
of use shall be deemed to occur at the time of

the "underground storage tank incident" that
caused it.
For the purposes of this insurance, electronic data

is not tangible property.
As used in this definition, electronic data means

information, facts or programs stored as or on,
created or used on, or transmitted to or from,

computer
software,
including
systems
and
applications software, hard or floppy discs, CD-
ROMS, tapes, drives, cells, data processing

devices or any other media which are used with
electronically controlled equipment.
11. "Release" means any spilling, leaking, emitting,

discharging, escaping, leaching or disposing of
petroleum from an underground slorage tank into
ground water, surface water or subsurface soils.
12. "Suit" means:
7. "Implementing agency" means the Federal Envi

ronmental Protection Agency {EPA), or, in the
:!
or rendered inaccessible because of an "un

derground storage tank incident". All such loss
c. All other litigation expenses.
owned or operated by you and is listed In the Dec
a. A civil proceeding in which damages because

of "bodily injury" or "property damage" to which
this insurance applies are alleged, including:
(1) An
arbitration proceeding in which such
damages are claimed and to which the in

sured must submit or does submit with our
consent; or
(2) Any other alternative dispute

proceeding
in which
such
resolution
damages are
claimed and to which the insured submits

with our consent.
b. A civil proceeding or an administrative hearing
in which payment of "corrective action costs" is

sought.
13. "Temporary worker" means a person who is fur
larations of this policy.
nished to you to substitute for a permanent "em
"Insured tank" does not include any tank which

has been replaced by you during the policy period
or the Extended Reporting Period, if such re
placement is done without our agreement in writ-
ployee" on leave or to meet seasonal or shortterm workload conditions.
ing.
9. "Leased worker" means a person leased to you by

a labor leasing firm under an agreement between
you and the labor leasing firm, to perform duties
related to the conduct of your business. "Leased
14. "Underground storage tank incident" means a

"release" from an "insured tank". The entirety of
continuous or repealed "releases" from the same

"insured tank" shall be deemed to be one "under
ground storage tank Incident".
worker" does not include a "temporary worker".
10. "Property damage" means:
a. Physical injury to. destruction of or contamina

tion of tangible property, including all resulting
loss of use of that property. All such loss of
use shall be deemed to occur at the time of the
physical injury, destruction or contamination
that caused it; or
CG 00 4210 01
Page 12 of 12
SCHEDULE OF COVERED STORAGE TANKS

ENDORSEMENT
Endorsement Number
Named Insured

Policy Symbol
Policy Number
Policy Period
Effective Dale of Endorsement
UST
G24671859 001
10/01/2009 to 10/01/2010
10/01/2009
Issued Dy (Name of Insurance Company)
Illinois Union Insurance Company

Insert Hie policy number. The remainder of the Information Is to be completed only when this endorsement is issued subsequent to the preparation of the policy.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
The "insured" and the Insurer, agree that the following storage tank(s) have been added to the policy as listed "covered
underground storage tanks" and/or "covered aboveground storage tanks":
Insured Facility Name
Tank ID No.
and Address
Tank Size (gal.)
Tank Type
Retroactive Date
(UST or AST)
J.K. Product Group Inc.

6776 S.W. 117 Ave
Miami
10000
UST
10/01/2009
10000
UST
09/14/2009
10000
UST
09/30/2009
Florida
33183
6776 S.W. 117 Ave

Miami
Florida
33183
6776 S.W. 117 Ave
Miami
Florida
33183
PF-14104 (04/03)
ACE USA Copyright, 2003
Page 1 of 2
Alf other terms and conditions of the policy remain unchanged.
Authorized Signature
PF-14104 (04/03)
Page 2 of 2
COMMERCIAL
GENERAL LIABILITY
CG 00 64 12 02
WAR LIABILITY EXCLUSION

This endorsement modifies Insurance provided under the following:
LIQUOR LfABJLITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART

The following exclusion is added:
WAR
Injury or damage, however caused, arising, directly or Indirectly, out of:
1.
War, including undeclared or civil war; or
2.
Warlike action by a military force, including action in hindering or defending against an actual or
expected attack, by any government, sovereign or other authority using military personnel or other
agents; or
3.
Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in

hindering or defending against any of these.
CG 00 6412 02
Page 1 of 1

CG 20 26 07 04
POLICY NUMBER:
ADDITIONAL INSURED - DESIGNATED

PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Personfs) OrOrganization(s)

US Century Bank,
2301 N.W.
87 Ave,
Kendall Weststar Petroleum LLC,
Miami,
11621 S.W.
FL 33172
101 Ave,
Miami,
FL
33176
Information required to complete this Schedule, if not shown above, will be shown In the Declarations,
Section II -
Who Is An insured is amended to include as an

additional insured the person(s) or organization(s)
shown in the Schedule, but only with respect to liabil
ity for "bodily injury", "properly damage" or "personal
and advertising injury" caused, in whole or In part, by
your acts or omissions or the acts or omissions of
those acting on your behalf:
A. In the performance of your ongoing operations; or

B. in connection with your premises owned by or
rented to you.
CG 20 26 07 04
Page 1 of 1
FINANCIAL RESPONSIBILITY CONDITION
ENDORSEMENT
Named Insured
Endorsement Number
Policy Symbol
Policy Number
Policy Period
Effective Date of Endorsement
TSP
G24671859 001
10/01/2009 to 10/01/2010
10/01/2009
Issued By (Name of Insuranco Company)

Insert the policy number. The remainder of the Information ]s to be completed only when this endorsement is Issued subsequent Id the preparation of Ihe policy

:
The "insured" and the Insurer agree to the following Policy change(s):
The following is hereby added to the Conditions Section of this Policy
Financial Responsibility And Reimbursement
If this Policy is issued to certify your compliance with Federal or State financial responsibility requirements, the
Insurer shall comply with such financial responsibility requirements. However, the "insured" agrees to
reimburse the Insurer for any payment made by the Insurer, on behalf of the "insured" which the Insurer would
not have been obligated to make under the terms of this policy but for the agreement contained in the first
sentence of this condition and/or through the Insurer's issuance of a Certificate evidencing this Policy satisfies
financial assurance requirements..
All other terms and conditions of the Policy remain unchanged.
Authorized Agent
PF-18327 (05/05)
Page 1 of 1

CG 21 71 12 02
LIMITED TERRORISM EXCLUSION (OTHER THAN

CERTIFIED ACTS OF TERRORISM); CAP ON LOSSES
FROM CERTIFIED ACTS OF TERRORISM

LIQUOR LIABILITY COVERAGE PART
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
4. The terrorism is earned out by means of the

dispersal or application of pathogenic or poi
A. The following exclusion is added:

sonous biological or chemical materials; or
TERRORISM
"Any injury or damage" arising, directly or indi

rectly, out of an "other act of terrorism". However,
this exclusion applies only when one or more of
the following are attributed to such act:
1. The total of insured damage to all types of
property exceeds $25,000,000. In determining
whether the $25,000,000 threshold is ex
ceeded, we will include all insured damage
sustained by property of all persons and enti
tles affected by the terrorism and business in
terruption losses sustained by owners or occu
pants of the damaged property. For the
purpose of this provision, insured damage
means damage that is covered by any insur
ance plus damage that would be covered by
any insurance but for the application of any
terrorism exclusions; or
2. Fifty or more persons sustain death or serious
physical injury. For Ihe purposes of this provi
sion, serious physical injury means:
a. Physical injury that Involves a substantial

risk of death; or
b. Protracted and obvious physical disfigure
ment; or
c. Protracted loss of or impairment of the

function of a bodily member or organ; or
3. The terrorism involves the use. release or

escape of nuclear materials, or direclly or indi
rectly results in nuclear reaction or radiation or
5. Pathogenic or poisonous biological or chemical

materiafs are released, and it appears that one
purpose of the terrorism was to release such
materials.
With respect to this exclusion, Paragraphs 1. and

2. describe the thresholds used to measure the
magnitude of an Incident of an "other act of terror
ism" and the circumstances in which the threshold
will apply for the purpose of determining whether
this exclusion will apply to that incident.
B. The following definitions are added:
1. For the purposes of this endorsement, "any

injury or damage" means any injury or damage
covered under any Coverage Part to which this
endorsement is applicable, and includes but is
not limited to "bodily injury", "property dam
age", "personal and advertising injury", "injury"
or "environmental damage" as may be defined
in any applicable Coverage Part.
2. "Certified act of terrorism" means an act that is
certified by the Secretary of the Treasury, in
concurrence with the Secretary of Slate and

the Attorney General of the United States, to
be an act of terrorism pursuant to the federal
Terrorism Risk Insurance Act of 2002. The
federal Terrorism Risk Insurance Act of 2002
sets forth the following criteria for a "certified
act of terrorism":
a. The act resulted in aggregate losses in

excess of $5 million; and
radioactive contamination; or
CG 21 71 12 02
ISO Properties, inc., 2002
Page 1 of 2
b. The act is a violent act or an act that is

dangerous to human life, property or infra
structure and is committed by an individual
or individuals acting on behalf of any for
eign person or foreign interest, as part of
an effort to coerce the civilian population of
the United States or to influence the policy
or affect the conduct of the United States
Government by coercion.
3. "Other act of terrorism" means a violent act or

an act that is dangerous to human life, prop
erty or infrastructure that is committed by an
individual or individuals and that appears to be
part of an effort to coerce a civilian population
or to influence the policy or affect the conduct
of any government by coercion, and the act is
not certified as a terrorist act pursuant to the
federal Terrorism Risk Insurance Act of 2002.
However, "other act of terrorism" does not in
clude an act which meets the criteria set forth
in Paragraph b. of the definition of "certified
act of terrorism" when such act resulted in ag
gregate losses of $5 million or less. Multiple
Incidents of an "other act of terrorism" which
occur within a seventy-two hour period and
appear to be carried out in concert or to have a
related purpose or common leadership shall be
considered to be one incident.
,
C. In the event of an "other act of terrorism" that is

not subject to this exclusion, coverage does not
apply to any loss or damage that is otherwise ex

cluded under this Coverage Part.
D. With respect to any one or more "certified acts of
terrorism", we will not pay any amounts for which

we are not responsible under the terms of 1he fed
eral Terrorism Risk Insurance Act of 2002 (includ

ing subsequent acts of Congress pursuant to the
Act) due to the application of any clause which re
sults in a cap on our liability for payments for ter
rorism losses.
CG 21 71 12 02
Page 2 of 2
TERRORISM RISK INSURANCE ACT ENDORSEMENT

Endorsement Number
Named Insured

Policy Symbol
Policy Number
Policy Period
TSP
G24671859 001
10/01/2009 to 10/01/2010
10/01/2009
Issued By (Name of Insurance Company)

Insert Ihe policy number. The remainder of the information is to be completed only vrhen this endorsement is issued subsequent lolhe preparation of the policy.
Terrorism Premium (Certified Acts of Terrorism): $0
In consideration of the additional premium indicated above, which is included in the Premium as listed on the
Declarations, the "insured" and the Insurer, hereby agree to the following Policy change(s):
A.
With respect to any "hostile acts" or "terrorism" exclusions contained in this Policy, or attached to this Policy
by endorsement, such exclusions do not apply to a "certified act of terrorism", as defined in Paragraph C
below.
B. With respect to any one or more "certified acts of terrorism", the Insurer will not pay any amounts for which
the Insurer is not responsible under the terms of the federal Terrorism Risk Insurance Act ("TR[A"),due to
the application of any clause which results in a cap on the Insurer's liability for payments for terrorism losses.
C.
"Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in concurrence with
the Secretary of State and the Attorney General of the United States, to be an act of terrorism pursuant to
TRIA. The criteria contained TRIA for a "certified act of terrorism" includes the following:
1. The act resulted in insured losses in excess of $5 million attributable to all types of insurance subject to
TRIA; and
2. The act is a violent act or an act that is dangerous to human life, properly or infrastructure and is
committed by an Individual or Individuals as part of an effort to coerce the civilian population of the United
States or to influence the policy or affect the conduct of the United States Government by coercion.
D.
Notwithstanding any coverage that may otherwise be afforded for punitive damages under this Policy, if any,
coverage shall not be afforded for damages arising, directly or indirectly, out of a "certified act of terrorism"
that are awarded as punitive damages.
E.
The coverage afforded under this endorsement shall expire at the earlier of the following dates:
1.
The end of the "policy period", as indicated on the Declarations; or
2. December 31, 2014.
F.
The premium for "certified acts of terrorism" coverage is calculated based in part on the federal participation
in payment of terrorism losses as set forth in TRIA. The federal program established by TRIA is scheduled to
terminate at the end of December 31 , 2014, unless extended by the federal government.
PF-23726 (01/08)
2008
Page 1 of 2
G. If this "policy period" extends beyond December 31, 2014, please note that the TRIA premium, above, is
premised on the parties' assumption that TRIA will later be extended through the end of the "policy period",
thereby mandating that Insurer make available coverage for "certified acts of terrorism" for the entire "policy
period". In the event that TRIA Is not extended beyond December 31, 2014, or otherwise expires at some
point during the "policy "period", the Insurer will refund the unearned portion of our TRIA premium to the
insured on a pro-rata basis. In the event that new TRIA extension or replacement legislation is enacted
requiring Ihe Insurer to offer coverage for terrorism that is materially different than the coverage
requirements included in the current version of TRIA that expires on December 31, 2014, the Insurer
reserves the right to re-price and prospectively modify terrorism coverage to conform with the statutory
requirements and risks presented by any such new legislation.
All other terms and conditions of the policy remain unchanged.
Authorized Agent
PF-23728 (01/08)
200B
Page 2 of 2

CG 30 15 03 98
FLORIDA CHANGES - CANCELLATION

AND NONRENEWAL
A Condition 10. Cancellation (Section IV -Condi

tions) Is replaced by the following:
a. The first Named Insured may cancel this

policy by mailing or delivering to us ad
vance written notice of cancellation.
b. If this policy has been in effect for 90 days

or less, we may cancel this policy by send
ing by certified mall, or delivering, to you a
notice,
ing, to you a written notice, accompa

nied by the reason(s) for cancellation, at
your last mailing address known to us.
10. Cancellation
written
(2) By sending by certified mail, or deliver
accompanied by the rea
son (s) for cancellation, at your last mailing

address known to us.
(1) 10 days after you receive notice of
cancellation If we cancel for nonpay
ment of premium or a material mis
statement by you; or
(2) 60 days after you
receive notice of
cancellation if we cancel for any other

(a) 10 days after you receive notice of
cancellation if we cancel for non
payment of premium;
(b) 45 days after you receive notice of
cancellation If we cancel for a mate

rial misstatement by you; or
(c) 60 days after you receive notice of
cancellation if we cancel for any of

the other permissible reasons stated
in Paragraph 10.c.(1),
unless we specify a later date in our no
tice as the effective date of cancellation.

d. if this policy is cancelled, we will send the
first Named Insured any premium refund
due. If we cancel, the refund will be pro
reason,
unless we specify a later date in our notice

as the effective date of cancellation.
c. If this policy has been in effect for more
than 90 days, we may cancel this policy:
(1) Only for one or more of the following
rata. If the first Named Insured cancels, the

refund may be less than pro rata. The can
cellation will be effective even if we have
not made or offered a refund.
B. Condition 11. Nonrenewal (Section IV - Condi
tions) is replaced by the following:
reasons:
11. Nonrenewal
(a) Nonpayment of premium;
If we decide not to renew (his policy, we will
(b) The policy was obtained by material

misstatement;
(c) Failure to comply with underwriting

requirements established by the in
surer within 90 days of the effective

date of coverage;
(d) A
substantial
change
in
the
send written notice of nonrenewal to you, ac
companied by the reason(s) for nonrenewal, at

least 60 days before the end of the policy pe
riod. We will send our nonrenewal notice by
certified mail, or deliver it, to you at your last
mailing address known to us.
risk
covered by the policy; or
(e) The cancellation is for all insureds

under such policies for a given class
of insureds; and
CG 30 15 03 98
Copyright, Insurance Services Office, Inc., 1997
Page 1 of 1
IL 00 17 11 98
COMMON POLICY CONDITIONS

All Coverage Parts included in this policy are subject to the following conditions.
b. Give you reports on the conditions we find;
A. Cancellation
1. The first Named Insured shown in the Declara

tions may cancel this policy by mailing or de
livering to us advance written notice of cancel
lation.
2. We are not obligated to make any inspections,

surveys, reports or recommendations and any
2. We may cancel this policy by mailing or deliv

ering to the first Named Insured written notice
of cancellation at least;
a. 10 days before the effective date of cancel
lation if we cancel for nonpayment of pre
mium; or
b. 30 days before the effective date of cancel

lation if we cancel for any other reason.
3. We will mail or deliver our notice to the first
Named Insured's last mailing address known to
us.
4. Notice of cancellation will state the effective

date of cancellation. The policy period will end
on that date.
'i
and
c. Recommend changes.
5. If this policy is cancelled, we will send the first

Named Insured any premium refund due. If we
cancel, the refund will be pro rata. If the first
Named insured cancels, the refund may be
less lhan pro rata. The cancellation will be ef
fective even If we have not made or offered a
refund.
6. If notice is mailed, proof of mailing will be suf
such actions we do undertake relate only to in

surability and the premiums to be charged. We
do not make safety inspections. We do not un
dertake to perform the duty of any person or
organization to provide for the health or safety

of workers or the public. And we do not warrant
that conditions:
a. Are safe or healthful; or
b. Comply wilh laws, regulations, codes or
standards.
3. Paragraphs 1. and 2. of this condition apply
not only to us, but also to any rating, advisory,
rate service or similar organization which
makes insurance inspections, surveys, reports
or recommendations.
4. Paragraph 2. of this condition does not apply
to any inspections, surveys, reports or recom
mendations we may make relative to certifica
tion, under state or municipal statutes, ordi
nances or regulations, of boilers, pressure ves
sels or elevators.
E. Premiums
The first Named Insured shown in the Declara
ficient proof of notice.
tions:
B. Changes
This policy contains all the agreements between
you and us concerning the Insurance afforded.
The first Named Insured shown In the Declara
tions is authorized to make changes in the terms
of this policy with our consent. This policy's terms
can be amended or waived only by endorsement
issued by us and made a part of this policy.
C. Examination Of Your Books And Records
We may examine and audit your books and rec
ords as they relate to this policy at any time during
the policy period and up to three years afterward.
D. Inspections And Surveys
1. Is responsible for the payment of all premiums;

and
2. Will be the payee for any return premiums we
pay.
F. Transfer Of Your Rights And Duties Under

This Policy
Your rights and duties under this policy may not
be transferred without our written consent except
in the case of death of an individual named in

sured.
If you die, your rights and duties will be trans

ferred to your legal representative but only while
acting within the scope of duties as your legal rep
1. We have the right to:
resentative. Until your legal representative is ap
a. Make inspections and surveys at any time;
pointed, anyone having proper temporary custody
of your property will have your rights and duties

but only with respect to that property.
IL 001711 98
Copyright, Insurance Services Office, Inc., 1998
Page 1 of 1
IL 00 21 07 02
NUCLEAR ENERGY LIABILITY EXCLUSION

ENDORSEMENT
(Broad Form)
COMMERCIAL AUTOMOBILE COVERAGE PART

FARM COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
PROFESSIONAL LIABILITY COVERAGE PART
B. Under any
1. The insurance does not apply:

A. Under any Liability Coverage, to "bodily injury"
or "properly damage":
.]
;J
(1) With respect to which an "insured" under

the policy is also an insured under a nu
clear energy liability policy issued by Nu
clear Energy Liability Insurance Associa
Atomic Energy Liability
Mutual
tion,
Underwriters, Nuclear Insurance Associa
tion of Canada or any of their successors,
or would be an insured under any such pol
icy but for its termination upon exhaustion
of its limit of liability: or
(2) Resulting from the "hazardous properties"
of "nuclear material" and with respect to

which (a) any person or organization is re
quired to maintain financial protection pur
suant to the Atomic Energy Act of 1954, or
any law amendatory thereof, or (b) the "in
sured" is, or had this policy not been issued
would be, entitled to indemnity from the
United States of America, or any agency
thereof, under any agreement entered into
by the United States of America, or any
agency thereof, with any person or organi
zation.
Medical
Payments coverage,
to
expenses incurred with respect to "bodily in

jury" resulting from the "hazardous properties"
of "nuclear material" and arising out of the op
eration of a "nuclear facility" by any person or
organization.
C. Under any Liability Coverage, to "bodily injury"

or "property damage" resulting from "hazard
ous properties" of "nuclear material", if:
(1) The "nuclear material" (a) is at any "nuclear

facility" owned by, or operated by or on be
half of, an "insured" or (b) has been dis
charged or dispersed therefrom:
(2) The "nuclear material" is contained in
"spent fuel" or "waste" at any time pos
sessed, handled, used, processed, stored,
transported or disposed of, by or on behalf
of an "insured"; or
(3) The "bodily injury" or "property damage"
arises out of the furnishing by an "insured"
of services, materials, parts or equipment
in connection with the planning, construc
tion, maintenance, operation or use of any
"nuclear facility", but if such facility is lo

cated within the United States of America,
its territories or possessions or Canada, this
exclusion (3) applies only to "property dam
age" to such "nuclear facility" and any prop
erty thereat.
IL 00 21 07 02
Page 1 of 2
2. As used in this endorsement:
"Hazardous properties" includes radioactive, toxic

or explosive properties.
(c) Any equipment or device used for the

processing, fabricating or alloying of "spe
cial nuclear material" if at any time the total
amount of such material in the custody of
"Nuclear material" means "source material", "Spe
the "insured" at the premises where such
cial nuclear material" or "by-product material".
equipment or device is located consists of

or contains more than 25 grams of pluto
"Source material", "special nuclear material", and

"by-product material" have the meanings given
them in the Atomic Energy Act of 1954 or in any
law amendatory thereof.
"Spent fuel" means any fuel element or fuel com
ponent, solid or liquid, which has been used or
exposed to radiation in a "nuclear reactor".
"Waste" means any waste material (a) containing

"by-product material" other than the tailings or
wastes produced by the extraction or concentra
tion of uranium or thorium from any ore processed
primarily for its "source material" content, and (b)
resulting from the operation by any person or or
ganization of any "nuclear facility" included under
the first two paragraphs of the definition of "nu
clear facility".
nium or uranium 233 or any combination

thereof, or more than 250 grams of ura
nium 235;
(d) Any structure, basin, excavation, premises

or place prepared or used for the storage or
disposal of "waste";
and Includes the site on which any of the forego

ing is located, all operations conducted on such
site and all premises used for such operations.
"Nuclear reactor" means any apparatus designed

or used to sustain nuclear fission in a selfsupporting chain reaction or to contain a critical
mass of fissionable material.
"Property damage" includes all forms of radioac

tive contamination of property.
"Nuclear facility" means:

(a) Any "nuclear reactor";
(b) Any equipment or device designed or used

for (1) separating the isotopes of uranium
or plutonium, (2) processing or utilizing
"spent fuel", or (3) handling, processing or
packaging "waste";
IL 00 21 07 02
Page 2 of 2
SIGNATURES
Endorsement Number
Named Insured

Policy Symbol
Policy Number
Policy Period
TSP
G24671859 001
10/01/2009 to 10/01/2010
10/01/2009

Insert Ihe policy number. The remainder of the information ie to be completed only When this endorsement is issued subsequent to the preparation of the policy.
THE ONLY SIGNATURES APPLICABLE TO THIS POLICY ARE THOSE REPRESENTING THE COMPANY
NAMED ON THE FIRST PAGE OF THE DECLARATIONS.
By signing and delivering the policy to you, we state that it is a valid contract.
INDEMNITY INSURANCE COMPANY OF NORTH AMERICA
436 Walnut Street, P.O. Box 1000, Philadelphia, Pennsylvania 19106-3703

BANKERS STANDARD FIRE AND MARINE COMPANY

BANKERS STANDARD INSURANCE COMPANY
ACE INDEMNITY INSURANCE COMPANY

ACE AMERICAN INSURANCE COMPANY

ACE PROPERTY AND CASUALTY INSURANCE COMPANY
i
INSURANCE COMPANY OF NORTH AMERICA

PACIFIC EMPLOYERS INSURANCE COMPANY

ACE FIRE UNDERWRITERS INSURANCE COMPANY
GEORGE D. MULLIGAN, Secretary
JOHN J. LUPICA, President
WESTCHESTER FIRE INSURANCE COMPANY
1325 Avenue of the Americas, 19th Floor, New York, NY 10019
GEORGE D.
MULLIGAN, Secretary
DENNIS A. CROSBY, JR., President
Authorized Agent
CC-1K11e (02/06) Pld. in U.SA
IL P 001 01 04
U. S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN

ASSETS CONTROL ("OFAC")
ADVISORY NOTICE TO POLICYHOLDERS
No coverage is provided by this Policyholder Notice nor can it be construed to replace any
provisions of your policy. You should read your policy and review your Declarations page for
complete information on the coverages you are provided.
This Notice provides information concerning possible impact on your insurance coverage due to
directives issued by OFAC. Please read this Notice carefully.
The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on
Presidential declarations of "national emergency". OFAC has identified and listed numerous:
Foreign agents;
Front organizations;
Terrorists;
Terrorist organizations; and
Narcotics traffickers;
as "Specially Designated Nationals and Blocked Persons". This list can be located on the United
States Treasury's web site - http//www.treas,gov/ofac.
In accordance with OFAC regulations, if it is determined that you or any other insured, or any
person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a
Specially Designated National and Blocked Person, as identified by OFAC, this insurance will be
considered a blocked or frozen contract and all provisions of this insurance are immediately subjecl
to OFAC. When an insurance poficy is considered to be such a blocked or frozen contract, no
payments nor premium refunds may be made without authorization from OFAC. Other limitations
on the premiums and payments also apply.
IL P 001 01 04
ACE Producer Compensation

Practices & Policies
ACE believes that policyholders should have access to information about ACE's practices and policies related to
the payment of compensation to brokers and independent agents. You can obtain that information by accessing
our website at httD://www.aceDroducercompensation.com or by calling the following toll-free telephone number:
1-866-512-2862.
>
ALL-20887 (10/06)
Trade Or Economic Sanctions Endorsement

Named Insured
Endorsement Number
Policy Symbol
Policy Number
Policy Period
TSP
G24671859 001
10/01/2009 to 10/01/2010
10/01/2009

Inset! the policy number. The remainder of the information is to be completed only when this endorsement Is Issued subsequent to the preparation of the policy.
This insurance does not apply to the extent that trade or economic sanctions or other laws or regulations prohibit
us from providing insurance, including, but not limited to, the payment of claims. /MI other terms and conditions of
policy remain unchanged.
Authorized Agent
ALL-21101 (11/06) Ptd. in U.S.A.
Page 1 of 1
DISCLOSURE PURSUANT TO TERRORISM RISK

INSURANCE ACT
Named insured
Endorsement Number
Policy Symbol
Policy Number
Policy Period
Effective Date or Endorsement
TSP
G24671859 001
10/01/2009 to 10/01/2010
10/01/2009
Issued By (Name o( Insurance Company)
ACE American insurance Company

Insert the policy number. The remainder of the information is to be completed only when this endorsement is Issued subsequent lo llie preparation of the policy.

:!
Disclosure Of Premium
In accordance with the federal Terrorism Risk Insurance Act, we are required to provide you with a notice
disclosing the portion of your premium, if any, attributable to coverage for terrorist acts certified under the
Terrorism Risk Insurance Act.
The portion of your premium attributable to such coverage is shown in this
endorsement or in the policy Declarations.
Disclosure Of Federal Participation In Payment Of Terrorism Losses

The United States Government, Department of the Treasury, will pay a share of terrorism losses insured under
the federal program.
The federal share equals 85% of that portion of the amount of such insured losses that
exceeds the applicable insurer retention.
However, if aggregate insured losses attributable to terrorist acts
certified under the Terrorism Risk Insurance Act exceed $100 billion in a Program Year (January 1 through
December 31), the Treasury shall not make any payment for any portion of the amount of such losses that
exceeds $100 billion.
Cap On Insurer Participation In Payment Of Terrorism Losses
:!!
if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed
$100 billion in a Program Year (January 1 through December 31) and we have met our insurer deductible under
the Terrorism Risk Insurance Act, we shall not be liable for the payment of any portion of the amount of such
losses that exceeds $100 billion, and in such case insured Tosses up to that amount are subject to pro rata
allocation in accordance with procedures established by the Secretary of the Treasury.
Terrorism Risk Insurance Act premium: $<)
Authorized Agent
includes copyrighted material of Insurance Services office, inc., with its permission
TRIA11b (1/08)

printing document
hllps://www2.miami-dndeclerk.com/ocs/Viewer.aspx?QS=7nu9WLj
Filing A 2 1 X4G376 Olcclrmticitlly Filed 1 2/22/20 14 O&J&JO AM
IN THE CfRCUIT COURT OF THE
1 INJUDICIAL CIRCUIT [N AND


CASE NO. 14 -027709 CA
J.K. PROJECT GROUP, INC..
Plaintiff,
vs.

Defendant.
ANSWER AND AFFIRMATIVE DEFENSES
For its Answer and Affirmative Defenses to the Plaintiffs Complaint, (he Defendant,
ACE American Insurance Company ("ACE"), by and through its undersigned counsel, stales
as
follows:
Paragraph UL' of the Complaint does not state an allegation against ACL' for
which a response is required. To the extent a response js required, ACE denies the truth of tire
allegations as staled.
2.
With respect to (lie allegations in Paragraph "2" of the Complaint, ACE denies
knowledge or information sufficient to form a belief as to the truth of lite assertions staled
therein.
3.
With respect lo the allegations in Paragraph u3" of the Complaint, ACE admits
only that it is authorized to do business in the State of Florida and that it has issued policies of
insurance in Miami-Dade County, Florida.
i of 5
10/13/2015 4:41 PM

hUps://wvv\v2.miami-dadeclerk.com/ocs/Vie\ver.aspx?QS=7nu9WL..
printing document
4.
With respect to the allegations in Paragraph "4" ol" the Complaint, ACH admits
only that it issued to J.K. Project Group, Inc. an Underground Storage Tanks Liability Policy,
policy number TSP G2467 1 859 00 1 , on a claims-made and reported basis for the period October
I, 2009 to October 1, 2010 (the "Policy"), the terms and conditions which speak for themselves.
5.
With respect to the allegations in Paragraph
of the Complaint, ACL denies
knowledge or information sufficient to form a belief as to the truth of the assertions stated
therein, other than that J.K. Project maintains that it discovered "free floating product" while the
Policy was in effect and that J.K. Project gave notice to ACL of this purported discovery on
August 10, 2010.
6.
With respect to the allegations in Paragraph "6" of the Complaint, ACL admits
only that it received notice from J.K. Project of a purported "underground storage lank incident"
while the Policy was in effect and lhat ACH assigned file number JY10J0448470 to this
purported incident, and denies each and every allegation contained in Paragraph "6."
7.
ACli denies the truth of each and every allegation contained in Paragraph "7" of
the Complaint
8.
Willi respect to the allegations in Paragraph "8" of the Complaint, ACL admits
only that it has disclaimed coverage under the Policy lor the costs claimed by J.K, Project for the
purported "underground storage tank incident" reported to ACL on August 10, 2010. By way of
further response, ACK denies that it has any coverage obligations with respect to such costs as
J.K. Project has failed to evidence any "underground storage tank incident" for which coverage
is afforded under the Policy.
9.
ACli denies the truth of each and every allegation contained in Paragraph "9" of
the Complain!.
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10.
ACE denies the truth of each and every alienation contained in Paragraph "10" of
the Complaint.
II.
ACE denies the truth of each and every allegation contained in Paragraph "1 1" of
the Complaint.
WHEREFORE, the Defendant, ACE American Insurance Company, demands that a
judgment be entered in its favor, that il he awarded its costs expended herein, and that it he
awarded any such further relief in law or in equity to which it is appropriately entitled.
FIRST AFFIRMATIVE DEFENSE
The Complaint fails to stale a claim upon which relief may he granted.
SECOND AFFIRMATIVE DEFENSE
Coverage is unavailable for any "corrective action costs" associated with the "free
floating product" described in the Complaint as plaintiff has failed to demonstrate that the "free
floating product" resulted from a "storage tank incident" that commenced on or after the Policy's
October 1 , 2009 retroactive date.
THIRD AFFIRMATIVE DEFENSE
Coverage is unavailable Ibr any "corrective action costs" associated with the "free
floating product'' described in the Complaint as plaintiff on the basis of the doctrines of known
loss and loss in progress.
FOURTH AFFIRMATIVE DEFENSE
Coverage is unavailable, for any "corrective notion costs" associated with the "lice
floating product" described in the Complaint to the extent thai the Policy's exclusion tilled
Failure To Comply With Environmental Laws applies.
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FIFTH AFFIRMATIVE DEFENSE
Coverage is unavailable for any "corrective action costs'' associated with the "free
flouting product" described in the Complaint to the extent that the Policy's exclusion tilled
Corrective Actions applies.
SIXTH AFFIRMATIVE DEFENSE
To ihc extent that ACE has any obligation to indemnify plaintiff for "corrective action
costs" associated with the "free floating product" described in the Complaint, which is denied,
such obligation is limited only to "corrective action costs" associated with an "storage tank
incident" (hot happened on or after October 1 , 2009, and ACE lias no indemnity obligations with
respect to any "free floating product" thai was released or discharged into the ground prior to this
dale.
SEVENTH AFFIRMATIVE DEFENSE
The liability of ACE under the Policy, if any, is subject to the applicable limits of liability
and all applicable terms, provisions, conditions and exclusions contained therein,
EIGHTH AFFIRMATIVE DEFENSE
Coverage is unavailable under the Policy with respect to any costs associated with the
"free floating product" described in the Complaint to the extent (hat ACE was prejudiced as a
result of plaintiffs failure to give timely notice of a "storage lank incident."
NINTH AFFIRMATIVE DEFENSE
ACE fully reserves its lights to assert additional defenses upon further investigation and
discovery, and upon further delineation of plaintiffs specific claims against ACE.
' !
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WHEREFORE. the Dcfendaut, ACE American Insurance Company, demands that a

judgment he entered in its favor, that il he awarded its costs expended herein, and that it he
awarded any such further relief in inw or in equity to which it is appropriately entitled.
Respectfully submitted,
TRAUB LlEBEUMAN STRAUS & SHREWSBERRY LLP
/')
(if
kf
'\-r:
i (
LAUREN S. CURTIS, ESQ.

FBN: 150940
leuilisiWdranhliehermnn.com
BRADLEY T. GULDALIAN, ESQ,
FBN: 1 01608
bmildalinn@tiauhlicbernian.eoni
First Central Tower
360 Central Avenue, Suite 1000
St. Petersburg, Florida 33701
(727) 898-8100 (Tct)

(727) 895-4838 (Fax)
Counsel for ACE American Ins. Co.
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Filing // 23354814 E-Filed 02/04/2015 12:41:38 PM
IN TUB CIRCUIT COURT OF TUB
1 I JUDICIAL CIRCUIT IN AND

GENERAL J URISDICTION DIVISION
CASE NO. 14-027709 CA
J,K. PROJECT GROUP, INC.,
a. Florida Corporation.
Plaintiff,
vs.
ACE AMERICAN INSURANCE COMPANY.

Defendant.
REPLY TO DEFENDANT'S AFFIRMATIVE DEFENSES

Plaintiff, J.K. PROJECT GROUP, INC., by and through undersigned counsel, hereby reply
to Defendant's Affirmative Defenses, and would stale that PluiniifTdcnfas each amlcvury affirmative
defense raised by Defendant in its Answer to Plaintiff's Complaint, and demand strict proof thereof.
In addition, Plaintiff states that by its actions Defendant waived Plaintiffs duly to comply
with certain conditions precedent and post -loss conditions of the subject policy of insurance and is
.v
thus estopped from asserting same as a defense, including, hut not limited to, any allegation thaL a
proof of loss wits not provided by Plaintiff or that Plaintiff failed to mitigate damages.
Plaintiff further states thai any allegation concerning the late reporting of the subject claim.
the failure (o furnish proper notice or (he failure to provide a proof of loss is hereby denied as well
since Defendant would not have been prejudiced by such action or lack of action.
CERTIFICATE OF SERVICE
1 HEREBY CERTIFY that a true and correct copy of the foregoing document was sent via
U*.S. Mail on this 4"' day of February, 2015 to: Lauren Curtis. Esq. at Trnub Lieberman Straus &
Shrewsbury LLP
Primary; k'nnisClrnnhliebenrimrcnm
Secondary; !i viHiJiiliaji
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Law Offices of
Gonzalez. & Associates, P.A.

3600 Red Road. Suite 603
Tel:
954-538-1304
Email I: mg@gonzalczIegal.com
Email 2: jcnnitcr@gonzalczlegaI.com
By! /s/ Mariano R. Gonzalez

Mariano R. Gonzalez* Esq.
Florida Bur No.: 983063
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Piling H 23354814 E-Filed 02/04/2015 12:41:38 PM
IN I I IB CIRCUIT COURT OP TUB
1 1 JUDICIAL CIRCUIT IN AND

CASE NO. 14-027709 CA

Plaintiff,
VS.

Defendant.
PLAINTIFF'S MOTION TO STRUCK DEPENDANTS SEVENTH AFFIRMATIVE

DEFENSE
Plaintiff, J.K. PROJECT GROUP, INC.,, by and through undersigned counsel, and pursuant
to Hlii. R. Civ. P, LI 40, hereby file their Motion to Strike Defendant's Seventh Affirmative Defense
in Defendant's Answer and Affirmative Defenses, and in support thereof state as follows:
On December 22, 2014, Defendant filed its Answer and Affirmative Defenses to
Plaintiffs Complaint. Plaintiff is now seeking lo strike Defendant's Seventh Affirmative Defenses.
2,
In Defendant's Seventh Affirmative Defense, Defendant states that the liability of
ACE under the policy, if any, is subject to the applicable limits of liability and all applicable terms.
provisions, conditions and exclusions contained therein. However, Defendant does not specifically
slate (lie policy language, exclusion, condition or limitation that relieves it front liability under lite
policy for Plaintiffs' loss.
3.
An affirmative defense is a defense which admits the cause of action, but avoids
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liability, in whole or in part, by alleging tin excuse, justification, or other matter negating or limiting
liability. AY. Paul Manny Ins. Co. v. Couchur, 837 So. 2d 483 (F)a. 5 1,1 DCA 2002). Furthermore,
the case law clearly holds that if any insurer is relying on an exclusion in the policy, said exclusion
should be raised as an affirmative defense. Id at 487. Therefore, Defendant's Seventh Affirmative

Defense lacks the required sufficiency in which it must be pled, and as such, should be stricken by
this Court.
WHEREFORE, FRANCISCO MARIN and MARIA ALVA, respectfully request this
Honorable Court enter an Order striking Defendant's Seventh Affirmative Defenses and any and all
further relief the Court deems just and proper,
CERTIFICATE OF SERVICK
I HEREBY CERTIFY that a true and correct copy of the foregoing document was sent
via U.S. Mail on this 4'" dav of February. 2015 to: Lauren Curtis, Esq. at Traub Lieberinan Straus
& Shrcwsbcrry LLP
Pi'i maty: Icurds ('MrflnhlitHnuman.com
Secondary: l^tklalMn^tnuddiohennM^mi
Law Offices of
Gonzalez & Associates, I\A;


Miruniur, Florida 33025
:=
Tel:
954-538-1304
Email 1: mg@gonzulczlegal.com
Email 2; jennlfer@gonzalczlegal.com
By: /s/ Mariano R, Gonzalez.
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Filing II 23354814 E-Filed 02/04/2015 12:41:38 PM
IN THE CIRCUIT COURT OF Tl IH
I fm JUDICIAL CIRCUIT IN AND


CASE NO. 14-027709 CA
J.K, PROJECT GROUP, INC..

n Florida Corporation,
Plaintiff,
vs.
Defendant.
/
PLAINTIFFS1 FIRST REQUEST FOR PRODUCTION

Plaintiffs, by and through undersigned counsel and pursuant to 1 .350 of the Florida Rules of
Civil Procedure, requests the Defendant, ACE AMERICAN INSURANCE COMPANY to produce
the following:
AH policies, declarations, endorsements, orridtfrsforany insurance issued to Plaintiff

by Defendant.
2.
All
notes,
correspondence,
documentation
or
other
writings
evidencing
communication between Plaintiff and Defendant concerning the claim at. issue.
3.
AH
notes,
correspondence,
documentation
or
oilier
writings
evidencing
communication between Defendant and any agents or other tliird parlies concerning the
claim at issue.
I
;
I
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I.
All notations regarding notice of the incident that is the subject of this legal action,
including assignment of claim, computer print-oitl of notice, first notice of loss report, or report from
agent of loss concerning the claim at issue.
5.
All telephone messages to or from you, or any of your agents on your behalf, regarding
receipt of notice of claim concerning Plaintiff.

6.
All interoffice memoranda and claim notes regarding receipt of notice of claims and
telephone conversations with anyone about the receipt of notice of claims concerning Plaintiff.
7.
Any and all documents containing any information on what was said by the Plaintiff
at any time during the handling of any claim for the incident (hat is the subject of this legal action,
including adjuster notes, claim reports, interoffice memoranda, tape recordings of any statements
made by the Plaintiff, and any transcript or written statement from the Plaintiff.
8.
Copies of each and every paper submitted by the Plaintiff in support of any claimed
loss that is the subject of this legal action.
9.
All written statements (including transcribed recorded statements) obtained of the
Plaintiff or any third party concerning the claim which is the subject of this action.
10.
A copy of your underwriting manual and manual for your insurance agents and
adjusters regarding the policies and procedures by which your company determines exclusions of
coverage for the .same type of policy, property* and claimed losses, as claimed by the Plaintiff in this
legal action.
II.
All photographs in Defendant's possession, custody, or control regarding the claim
which is the subject of this matter.
12.
All photographs in Defendant's possession, custody, or control taken at any time prior
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to the claim which in the subject of this matter.

1 3.
AH estimates* appraisals or other documentation performed by Defendant and/or its
agents or assigns for the loss(es) being claimed under the subject insurance policy which is the
subject of this complaint.
Id,
Any and all applications for insurance submitted by Plaintiff to Defendant for any
policy issued by Defendant to Plaintiff.

15.
All inspection reports, appraisals, and/or photographs of the subject residence
performed by Defendant for purposes of issuing the initial insurance policy to Plaintiff.
Id.
All inspection reports, appraisals, and/or photographs of the subject residence
performed by Defendant prior to the date of the claim tit issue.

I HEREBY CERTIFY that a true and correct copy of the foregoing document was sent
via U.S. Mail on this 4lh day of February. 2015 to: Lauren Curtis, Esq. at Trail b Llcbcnnan Stratus
& Shrewsbury LLP
Primary:
Secondary; BjUiidaikmftH rauhlioherniuii.com

Law Offices of
Gonzalez & Associates, P.A,
Tel:
954-538- 1 304
Email I: mg@gonzulez1egal.cont
Email 2: jennifer@grm7a1ezlegal.com
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Filing if 23354814 E-Fi led 02/04/20 15 12:41:38 PM
in thr circuit court of ti ib
1 1 111 JUDICIAL CIRCUIT IN AND

CASE NO. 14-027709 CA

Plaintiff.
vs.

Defendant.
NOTICE OF SERVICE OF PLAINTIFF'S FIRST SET OF INTERROGATORIES

Plaintiff, by and through undersigned counsel, propound the attached Interrogatories to
Defendant to be answered, in writing, in accordance with Fla.R.Civ.P. 1.340.
;!
I HEREBY CERTIFY thai a true and correct copy of the foregoing document was sent
via U.S. Mail on this 4th day of February. 20(5 to; Lauren Curtis, Esq. at Truub Liebemum Straus
& Shrewsberry LLP
Primary: tcwlLfti:iraLitdiclwiiinuLeurri
Secondary:
Law Offices of
Gonzalez & Associates, P. A.

Mirumar, Florida 33025
Tel:
954-538-1304
Email I: mg@gonzalezlegal.coni
Email 2: jennifer@gonzalezlegal.com
By; hf Mariano R. Gonzalez
Florida Bar No,: 983063
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PLAINTIFFS FIRST SET OF 1NTKKKOCATOK1RS TO DEFENDANT
Please slate the full name, current huiuc street address, and telephone number of (lie
I.
person or persons answering, or assisting in the answering, of these Interrogatories.
2.
List the names, addresses, and phone numbers of all persons believed or known by
you, your agents or attorneys Lo have any knowledge concerning the investigation of (heclaim which
is the subject of this litigation or which has any knowledge concerning any of your defenses lo the
complaint filed in this action. In addition, please state the subject matter of each person's knowledge
with regards to said claim or defense.
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Please slate the name and address of the current custodian of any and all documents
3.
produced pursuant to Plaintiffs First Request for Production.
Have you obtained any of the following, and if so, identify its custodian and from
4.
whom any of the following was obtained: statements from any party to or witnesses) to litis
litigation; statements from any person who may know about any issues in this litigation.
;!
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Are you claiming (hat an exclusion contained in the .subject policy applies' to (lie
5.
subject claim? If so, please provide- all underlying facts which support such claimed exclusion,
including all relevant dates; explain how you became aware or obtained such facts; the name,
address, and telephone number of all persons who have knowledge of such facts; the name of the
person with the most knowledge concerning such facts; and identify all documents which support
such facts (list the date, author, recipient and subject matter of each such document).
6.
If Defendant is churning any privilege as to any document requested by Plaintiff, or
interrogatory which relies on information contained in any privileged document, pleuse provide, a
privilege log identifying such documents. Please state the title, subject matter, persons involved,
and/or any other means of identifying said documents, in addition to die privilege claimed, for every
document for which you are claiming a privilege.
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Affiant
:
STATE OF
)SS
COUNTY OF
BEFORE ME, the undersigned authority, personally appeared
who upon being first duly sworn, says that the foregoing answers to interrogatories are true and
correct to the best of his/her knowledge and belief.
clay of
SWORN TO AND SUBSCRIBED Itiis
, 2015.
Notary Public
My Commission Expires:
Took Oath, or
Did Not Take Oath.
Personally known to me, or
Produced Identification
Type of Identification
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Filing I! 23438885 E-Filed 02/05/2015 05:24:56 PM
IN Tl IH CIRCUIT COURT OF TI IE
1 I JUDICIAL CIRCUIT IN AND

CASE NO, 14-027709 CA

J.K. PROJECT GROUP. INC..
n Florida Corporal ion.
NOTICE OF HEARING
Plaintiff,
vs.

Defendant.
TO:
Lauren Curtis, Esq.

Traub Licbcrman Straus & Shrcwsbcrry LLP
Primary: kîrlisClrav^
Secondary: Bguldaljan^frauldiebermaji.coni
YOU WILL PLEASE TAKE NOTICE that the undersigned will call up for hearing before
the Honorable Peter R. Lopez Circuit Court Judge, in his chambers, at the Miami-Dade County
Courthouse, 73 West Flagler Street, Room DCC (201, Miami, Florida 33130, on Thursday,
March 19, 2015, at 9:00 A.M., or as soon thereafter as same may be heard:
PLAINTIFF'S MO TION TO STRIKE DEFENDANT'S SEVENTH AFFIRMATIVE

i
DEFENSE
I HEREBY CERTIFY (hat a true and correct copy of the foregoing was senl via email on
this 5"' day of February, '2015, to the above-named addressee.
Law Offices of
Gonzalez & Associates, P,A.

Tel:
954=538-1304
Email I: mg@gonzaIczleg5d.com
Email 2: jennifer@gonzalezleg5il.com
By: /s/ Mariano R, Gonzalez

Mariano R, Gonzalez, Esq.
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Filing It 24979212 E-Filed 03/17/2015 02:34:35 PM
I J111 JUDICIAL CIRCUIT IN AND

FOR MIAMI-DADE COUNTY. FLORIDA

CASE NO. (4-027709 CA
J.K. PROJEC T GROUP, INC.,
NOTICE OF CANCELLATION OF
Plaintiff,
HEARING
vs.
Defendant.
TO:
Lauren Curtis, Esq.

Traub Llebcrman Straus & Shrewsbcrry LLP
Primary: Icurti.stnMraublieherman.coni
V
> -nr'in'
'i 1 "
ii*~i
rr
Secondary: BguldaIian@traul)liel)crniaii.coni
YOU WILL PLEASE TAKE NOTICE that the undersigned hereby CANCELS the hearing
before the Honorable Peter R. Lopez Circuit Court Judge, in his chambers, at the Miami-Dade
Count)' Courthouse, 73 West Flagler Street. Room DCC 1201, Miami, Florida 33130, on
Thursday, March 19, 20J 5, at 9:00 A.M.. or as soon thereafter as same may be heard:
PLAINTIFF'S MOTION TO STRIKE DEFENDANT'S SEVENTH AFFIRMATIVE
DEFENSE
1 HEREBY CERTIFY thai a true and correct copy of the foregoing was sent via email on
this 17lh dav of March, 2015, to the above-named addressee.

Law Offices of
Gonzalez & Associates, P. A.

3600 Red Road, .Suite 603
Tel:
954-538-1304
Email I: mg@gonzalczlcgal.com
Email 2: jennifei@goiizalezlcgal.com
By: hi Mariano R. Gonzalez

Mariano R. Gonzalez. Esq.

Filing // 28562912 E-Filed 06/16/2015 04:27:20 PM
1 I 111 JUDICIAL CIRCUIT IN AND

FOR MIAMPDADE COUNTY. FLORIDA

CASE NO. 14-027709 CA
J.K, PROJECT GROUP, INC.,
Plaintiff,
vs.

Defendant.
/
MOTION TO WITHDRAW
Counsel for Plaintiff, LAW OFFICES OF GONZALEZ & ASSOCIATES, P. A., hereby
files this Motion to Withdraw as counsel of record for J.K. PROJECT GROUP, INC., and as
grounds therefore, stales as follows:

Undersigned counsel is attorney of record for Plaintiff, J.K. PROJECT GROUP,
INC.
2.
Certain irreconcilable differences have arisen by and between undersigned counsel
and J.K. PROJECT GROUP. INC

;
3.
As a result of these differences, it would he in the best interest of J.K. PROJECT
GROUP. INC. that they seek the advice and representation of other counsel.
WI 1EREFORE, counsel for Plaintiff. LAW OFFICES OF GONZALEZ & ASSOCIATES,
P.A., respectfully requests this Court enter an Order granting ihis Motion to Withdraw as attorney
for Plaintiff. J.K. PROJECT GROUP, INC.
']
1
I HEREBY CERTIFY that a true and correct copy of the foregoing document was sent via
U.S. Mail and email on this 16"' day of June, 20 (5 to: Lauren Curtis, Esq, aiTraub Liebermaii Straus
& Shrewsbeny LLP; Thomas Pequeno at 0776 SW 1 17"' Ave, Miami, HI.; Kelly Kubtofc at Merlin
Law Group, P.A.
Primary: lcuilis@trnuhlie.hcrnian.com
Secondary: BguldaUan@traubIlebcrman.com
Primal)'; ngenriquez@aol.com
Primary: l4>radle.y@mei1inla\vgroiin.coni
Law Offices of
Gonzalez & Associates. P.A.


Tel;
954-538-1304
Email 1; mg@gonzalezlegal.com
Email 2: jennifer@gonzale7.legnl.com
By: A7 Mariano R. Gonzalez

!

Filing// 28562912 E-Filed 06/16/2015 04:27:20 PM
in the circuit court oi rnii

1 I1" JUDICIAL CIRCUIT in and
FOR MIAMI-DADK COUN TY, FLORIDA

CASH NO. 14-027709 OA
J.K. PROJECT CROUP, INC..
a llorida Corjxiration.
NOTICE OF HEARING
Plaintiff,
vs.

Defendant.
TO:
Lauren Curtis, Esq.

Trauh Llcbcrman Straus
& Shrewsberry LLP
Thomas Petjueno
6776 SW U7,h Ave

Miami, Fl,
Primary: lcurtis@lrauhlicbDrman.com
Primary: Htcnr8tmez@aoLcom
Secondary: ltculdalioTi@lraubHehermnn.com
Kelly Kubidk
1
Merlin Law Group, P.A.
Primary: FhrariIcv@merlinIawcroun.com
YOU WII .1 . PI .hasp: TA Kp: NOTICE that (ho undersigned will call up for hearing before the
Honorable Pclcr R. Lopez Circuit C?ouri Judge, in his chambers, ai the Miami-Dade County
Coutlliou.se, 73 West Plagler Street, Room IX:C 1201. Miami. Morida 33 1 30. on Tuesday, June 30,
2015, sit 9:00 A.M., or as soon thereafter as same may be heard:
PLAINTIFF'S MOTION TO WITHDRAW
I iikrkhy CERTIFY i hat a true and corned copy of the foregoing was .sent via email on this 16'"
.day of June, 2015. to (lie above-named addressee.
Law Offices of
36(H) Red Road, Suite (>03
Tel:
954-538-1304
Email I: mg@gon/.alezlegstJ.eoni
I {mail 2: jennifer@goiizalezlcgal.eom
liy: hf Mariano K. Gonzalez

Florida Par No.: 983063

Filing // 28564873 E-Filed 06/16/201 5 04:43:21 PM
IN THIS CIRCUIT COURT OF THE
1 1 1,1 JUDICIAL CIRCUIT IN AND

PGR MIAMI-DADF COUNTY, FLORIDA
GENERAL J(JR/vSDICTfON DIVISION
CASH NO, 144)27709 CA

a Honda Corporation.
NOTICE OF CANCELLATION HEARING
Plaintiff.
vs.
ACE AMERICAN INSURANCE COMPANY.

Defendant.
TO;
Lauren Curtis, Esq.

Traub Liebcrmnu Straus
Thomas Pequeno
6776 SW 117"' Ave
& Shrewsberry LLP
Miami, Fl.
Primary: Hecnrlnucz@aol.coiu
Primary: lairtis@trtuihlicbcrmaii.cQm
,eani
Secondary: Bgnldnlinn@traubl{eberman
Kelly Kubiok
Merlin Iâw Group, P,A.
Primary: Fbradlcv@mcilinhi\veroun.com
YOU WILL PLEASE TAKE NOTICE Ihut live undersigned hereby CANCELS I he bearing before the
Honorable Peter R. Lopez Circuit Court Judge, in bis chambers, at the Miami-Dade County
Courthouse, 73 West Flagler Street, Room DCC 1201. Miami, Florida 33130. on Tuesday, June 30,
2015, at 9:00 A,M., or as soon (hereafter as same may be hoard:
PLAINTIFF'S MOTION TO WITHDRAW
I HEREBY CERTIFY thai a true and correct copy of lite foregoing was seal via email on this iff"
day of June, 2015, to (he above-named addressee.
Law Offices of
Con/ale/. & Associates, P.A,

3600 Red Road, Suite. 603
954-538-1304
Tel:
Email I: mg@gonzafczlegiiLcom
Email 2: jenniferCw'eonzale/Jegal.eimi
By: M Mariano R. Gonzalez

Mariano R. (ion /ale/, Esq.

Filing// 30333646 E- Filed 07/31/2015 1 1:47:23 AM
I i m JUD1CIALCIRCU IT IN AND

CASH NO, 14-027709 CA
Plaintiff,
vs.

Defendant.
J
NOTICE AND CLAIM OF ATTORNEY'S CHARGING LIEN
Florida Bar No. 983063
ALL PARTIES TO THIS CAUSE AND ALL OTHERS WHOM IT MAY CONCERN
ARE HEREBY CALLED UPON TO TAKE NOTICE THAT:
I.
Law Offices of Gonzalez & Associates* P. A. is entitled to a special lien orcharding
lien in this cause for its representation of Plaintiff.
The iicn claimed is for expenses and
compensation due to the Law Offices of Gonzalez & Associates, P. A., pursuant to the contract with
Plaintiff, for legal services rendered in the above-styled cause. The Lien is claimed against any
monies or other properties received by Plaintiff in the above-styled cause as security for payment of
the fees and disbursements incurred on the Plaintiffs behalf.
2.
The Law Offices of Gonzalez & Associates, P. A., is simultaneously filing an
Affidavit of Indebtedness in support of this Notice and Claim.
certificate; of service
I HEREBY CERTIFY thai a true and correct copy of the foregoing document was sent
via U.S. Mail and email on this 31*' day of July, 20 1 5 lot Lauren Curtis, Esq. ai Traub
Liebernmn Straus & Shnewsbeiry LIT; Thomas Pequeno at 6776 SW 1 17th Ave, Miami, Fl.;
Kelly Kuhiak ai Merlin Law Group, P.A.
Primary; lcartls@lraublicberinaii.com
Secondary: Bguldalian@traubllcbcrman.com
Primary: I lgcnriqtroz@aol.com
Primary: Ifrradleytfomerlinlawgroup.coro
Law Offices of

Tel:
954-538-1304
Email 1: rug @ gotizalezlegal .com
Kmail 2: jennifer($gonzalezlenl.com

Filing// 31279510 E- Filed 08/25/2015 01:1 1:20 PM
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT

0 K Tl I E STATE OF FLORIDA, IN AND FOR MIAMI-DADE COUNTY
CIVIL DIVISION
A Florida Corporation,
CASH NO.: 14-027709 CA
Plaintiffs,
vs.

A Foreign Corporation,
Defendant.
JOINT STIPULATION FOR SUBSTITUTION OF COUNSEL

PLEASE TAKE NOTICE, J.K. PROJECT GROUP, INC., a Florida Corporation,
by and through the undersigned

Substitution of Counsel
Counsel, hereby file this Joint Stipulation for
as to Case No.:
14-027709 CA, substituting Mariano R.
Gonzalez, Esquire, Gonzalez. & Associates, P. A., .1600 Red Road, Suite 603, Miramar,
FL
33025,
E-mail:
mg@Konzal ezl ega 1 . com ;
following Counsel of Record:

Kelly L. Kubiak, Esq., Fla. Bar No. 108952
Francisco O. Garcia, Esq., Fla. Bar No. 105149
MERLIN LAW GROUP, PA
777 S. Harbour Island Blvd., Suite 950

Tampa, Florida 33602
Telephone: (813)229-1000
Facsimile: (812)229-3692
E-mail: kkubiak@merlinlawmoup.com
fuarcia@meriin!awflTPui).com
fbra (lley@merlintowuroup.com
dalvarez@meriinIawuroup.com
!
Tl 1425li7.IXK;l
JenniferffigpnzalezlegaLcom,
for
I he
Plaintiff requests all further Pleadings, Orders, and Notices as lo the abovercfcrcnccd cause of action should be directed to substitute counsel, Kelly L. Kubiak, Esq.
and Francisco 0. Garcia, Esq,, of Merlin Law Group, PA, as provided herein.
Dated: August 25, 201 5
GONZ.ALKZ- & ASSOCIATES, PA
fsf Kcllv L. Knbink

Kelly L. Kubiak, Esq./ PI. Bart/ 108952
Francisco 0. Garcia, Esq./Fl. Bar#105149
777 S. Harbour Island Blvd., Suite 950
/s/ Mariano R. Gonzalez

Mariano R. Gonzalez, Esq./ FL Bar# 983063
Gonzalez & Associates, P A,
Tampa, FL 33602

Miramar, FL 33025
Telephone:^ 13) 229-1000
Telephone: (954) 538-1304
Facsimile:^ 1 3) 229-3692
Email: kkubiak@tnerHnlawafoup.coin
fGaicia@merliiilawuronp.com
Email: nig@tionzalezleual.com
dalvarcz@mcrliiilawttroup.coni
,rU'l25l>7 IX')C,t
.lcnnifcr@uonzalczlcKal.com

Filing li 32195436 E-Filed 09/17/2015 04:40:20 PM
in Tfir:ciK(*i;rrc:t)L'RT uKTiii- kuivrnth .a.'DiciALCiRcm
Oh" TIIK Si ATK OK Ki.OKlBA, IN AND KOR MIAMI-IMDK C'OUNTV
avii, DIVISION
,i,K- PROJECT GROUP. INC..
A Florida Corporation.
PlaiudlTs.
CASK NO.: M-0277MCA
vs.
ACF. AMKkK.VW INSURANT!- COMPANY

A Foreign Corporation.
Delendanl.
JOINT STIPULATION FOR SUBSTITUTION OF COUNSK 1

IM.KASI: I'AKh NOTICK. i.K. PROJRCT GROUP. INT., u Florida Corporation.
In
i
i
:nkl
through
(lit.-
undersigned
Counsel,
hereby
01c
this
Joint
Stipulation
tor
Substitution of Coun.vcl as to Case No.: 14-027709 CV\. substituting Mariano k.
C'ioi'i/nkv. Ixjuiiv. (ion/ale/ & Associates. P.A., .1600 Red Road. Suite 60.1. Miraninr.
1
II.
5.1025.
I (-mail:
nm ii-aon/afcgloual.com:
following Counsel of Record:

Kelly L Kubk.k. Esq.. Fla. Bar No. 108952
Francisco O. Garcia. I:sq.. Ma. Bar No. 105)49
MI-RI.IN !.A\V GROUP. PA
777 S. 1 laihour Island Blvd.. Suite 950
Tampa. Morula .13602
\
"I elcphone; fS 1 3) 229- 1 000

Facsimile: (8(3)229-3692
K-mail: k l> nl ihtUaanerh'nlavviiroiip.coin
("unrein iFiucrliul aweroii p.com
lhradie\fr/?me.rlinlaw inoup.com
didvmy/VrOierlinlaWK^
I MW7M49II: K ,1
Jennifer rfiion/ak'/lceiri.eom.
for
the
g-15 iv ? 3 z
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OF THE STATE OF FLORIDA, IN AND FOR MIAMI-DADE COUNTY

CIVIL DIVISION
J.K. PROJECT GROUP. INC.,

Plaintiffs.
CASE NO.: 14-027709 CA
vs,

A Foreign Corporation,
Defendant.
ORDER APPROVING JOINT
STIPULATION FOR SUBSTITUTION OF COUNSEL
THIS CAUSE came on for consideration on the Joint Stipulation for Substitution
of Counsel for the Plaintiff, and the CouiT being fully advised in (he premises, it. is:
ORDERED AND ADJUDGED that said Stipulation he and the same is hereby
granted thai Kelly L. Kubiak, Esquire and Francisco Garcia, Inquire of Merlin Law
Group, PA shall henceforth be substituted as counsel on behalf otThe Plaintiff in place of
Mariano R, Gonzalez, Esquire, Gonzalez & Associates, P. A and said firm shall be
relieved of all responsibility to (bis Plaintiff in Ibis cause.

DONE AND ORDERED in Chambers
Miami-Dade County, Florida, on
09/18/15.
'MiO- /
t
/
6
PETER R. LOPEZ
CIRCUIT COURT JUDGE
No Further Judicial Action Required on THIS

MOTION
CLERK TO RKCLOSK CASE IF DOST
I I UfOso IKK'J
JUDGMENT
The parties served with this Order are indicated in the accompanying 11th Circuit
email confirmation which includes all emails provided by the submitter. The
movant shall IMMEDIATELY serve a true and correct copy of this Order, by mail,
facsimile, email or hand-delivery, to all parties/counsel of record for whom
service is not indicated by the accompanying 11th Circuit confirmation, and file
proof of service with the Clerk of Court,

Signed original order sent electronically to the Clerk of Courts for filing In the
Court file.
Copies furnished to:
Kelly L Kubiak, lisquirc Ckkidruvk-^nuM'lin^

ll)i'Kdlcvrf^nitfdinlwm'OU|.u-on]: dnlvai\?ztfr:moLliiiltnvmni[!>.ooii)
Maritino Gonzalez, Esquire tmg^gonzaIezleg;d,eom; iennLlVr(f(M;i)ii/.ale/lega5A Oiii)
Lauren Curtis, Esquire
rM-NtfM.IKX-:!

Filing // 32391997 E-Piled 09/23/2015 12:33:44 FM

IN AND FOR MIAMI-DADE COUNTY, FLORIDA
CIVIL DIVISION
Plaintiff,
Case No. 14-027709 CA
v.
ACE AMERICAN INSURANCE

COMPANY,
Defendant.
PLAINTIFF'S MOTION FOR LEAVE

TO FILE AMENDED COMPLAINT
COME
NOW,
the
Plaintiff,
J.K.
PROJECT
GROUP,
INC.,
Florida
Corporation ("Plaintiff'), by and through its undersigned counsel, and pursuant to Ida. R.
Civ. P. 1.190, hereby files tins, its Motion for Leave to File Amended Complaint, and in
support thereof, slate the following:

I.
On October 29, 2014, Plaintiff filed a Complaint against its insurer, ACE
AMERICAN INSURANCE COMPANY ("Defendant"), seeking a breach of contract

action which arose out of a fuel discharge from a fuel truck which occurred in April of
2010.
2.
Since (hat lime, the Department of Environmental Resources Management
inspected and discovered a discharge that was confirmed on or about December 12, 20 1 0.
3.
Plaintiff now seeks leave of this Honorable Court to add the second
i
discharge claim to the Complaint as a separate count and a declaratory action regarding
TihWU.lXX;!-
in nw.u ixx:-.i ; |'n Fhw.uixx;.!}
1
;
coverage for the April of 2010 loss and February II, 2014 loss.
Plaintiffs proposed
Amended Complaint is attached hereto as Exhibit "A",

4.
Plaintiff would be prejudiced should this Honorable Court deny its
.Motion for Leave to lile her Amended Complaint.

5.
Defendant has agreed to Plaintiffs Motion for Leave to OJc its Amended
Complaint.
6.
As no parties would be prejudiced by Plaintiff s Amended Complaint, it
would be proper for this Honorable Court to grant Plaintiffs' Motion for Leave to file its
Amended Complaint. Dimick v. liay, 774 So. 2d 830, 833 (Fla. 4lh DCA 2000) ("It is
axiomatic that under Florida law, the trial court must liberally allow amendments to a
complaint unless the defendant would be 'prejudiced1 thereby."); srn also, fCAC USA,
INC. v. Ktnra, 805 So. 2d 1, 10 (Fla. 2d DCA 2001) ("Public policy favors the liberal
amendment of pleadings so that cases may be decided on their merits.").

j
WHEREFORE, for the foregoing reasons, Plaintiff, J.K. PROJECT GROUP,
INC., respectfully requests this Honorable Court enter an Order:

a.
Granting Plaintiffs Motion for Leave to File Amended Complaint;
b.
Allowing Plaintiff to file her Amended Complaint after Defendant's
production of the certified policies of both claims.
I HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished via email generated by the Florida Court's K-Filing Portal Service to: Lauren S.
Curtis, Esq. and Bradley T. Guldalian, Esq. of Trttuh Libenlian Straus & Shrewsberry
TllMffW-IXX ;l
! n kw.u rx:x:.i \ jti hwmjxx:, i j
LLP, I'irsl Central Tower, 300 Central Avenue, Suite IOOO, St. Petersburg, PL 33701
('lcurtis@traublielKrman.com; bfflldflnan@trouhlidiermiw.conO on this 23rd day of

September. 2015.

/s/Kc/JvL Kubiak
KELLY I. KUBIAK, ESQUIRE

!

Francisco O. Garcia, Esq.
111 South Harbour Island Blvd., Sie. 950
Tampa, FL 33602
Tel: (813) 229-1000/Fax: (813) 229-3692
Attorneys for Plaintiff

kkubiak@inerltnlawgrotiD.com
fgarcia@mcrlinlawaroup.com
fl3radlev@mcrlinlnwaroup.com
dalvarez@uxe^
T1 UW7.M JXX';I
11 1 KW7.U 1 X K.';l 1 J J 1
X.\ I \

IN AND FOR MIAMI-DADE COUNTY, FLORIDA
CIVIL DIVISION
J.K. PROJECT GROUP* INC.,

A Florida Corporation.
Case No.
Plaintiff;
14-027709 CA
Vv
AC 12 AMUR (CAN INSURANCE

COMPANY,
Defendant.
AMENDED COMPLAINT
Plaintiff, J,K. PROJECT GROUP, INC. ("Plaintiff*), by and through (he undersigned
counsel, hereby sues Defendant, ACR AMERICAN INSURANCE COMPANY (herein after
referred to as"ACK"), and as grounds therefore would state as follows;
GENERAL ALLEGATIONS
1.
This is an action for damages in excess of fifteen thousand (S 15,000.00) dollars exclusive
of interest and costs
2.
At all limes material hereto Plaintiff was and is the owner of a storage tank and real
property located at 6776 SW 1 1 7'1' Ave, Miami, in Dade County, Florida ("properly.'").
3.
Plaintiff purchased a policy of insurance from ACB, policy number G24671859 002,
policy period from October I, 2009 through October I, 2010. A true and accurate copy of the
policy is attached hereto as Exhibit "A".
EXHIBIT "A"
Tiuwfii ixxru
rni^Thi.ixx'iin'nwtii.otKi-.ijpniiwTfit.ixxû
d.
Plaintiff has paid all premiums on said policy, and the policy was in lull force and effect
at all relevant times herein,
5.
On or about April of 2010, a fuel truck discharged fuel onlo Plaintiffs subject property
so that the Department of Environmental Resources Management ("DERM") issued a Notice (hat
corrective actions must take place,
6.
The damage to the Plaintiff s property was due to a release and therefore a covered peril
under the policy.
7.
Prior to the loss, DERM was monitoring the property. There were no corrective actions
.1
required other than monitoring.

S.
Plaintiff has made application for insurance benefits under the policy. Plaintiff submitted
to ACE the requested documentation in its possession.
Defendant/Insurer, ACE has failed and
refused to pay for any damages,

9.
In
December of 2010,
the Department of Environmental
Resources Management
discovered 12 inches of free (lowing produce in a different area of Plaintiffs property.

unknown how the discharge occurred.
TIKWfU IXSC.I
JTI 1 lW(> I IXC.I! {Tl I (WiS ),IXK_\t; J
It is
10.
The damage to the Plaintiff's properly was due to a release and therefore a covered peril
under the policy.
11.
Plaintiff purchased a policy of insurance from ACE. policy number G24671859 002,
policy period from October I, 2010 through October 1, 201 1.
A true and accurate copy of lite
policy is attached hereto as Exhibit "B".

12.
Plaintiff
has
made
application
for
insurance
benefits
under
the
policy,
but
Defendant/Insurer, ACE has failed and refused to pay for any damages.
Count I - Breach of Contract

(Breach of contract for April of 2010 discharge)
13.
Plaintiff re-alleges all allegations contained in paragraphs one through seven and further
alleges the following:

Id.
Sometime in April of 2010, a fuel truck owned by Direct Fuel Transport, Inc. discharged
fuel onto Plaintiffs subject property so that Ihe Department of Environmental Resources
Management ("DERM") issued a Notice that corrective actions must take place.
15.
On or about Fcbmary 26, 2009, the prior owner provided a lank and line lest. The (esl
results were good.
Additionally, on June 27, 2009, J.co I). Adancs, President of Blue Stone
Environmental guaranteed (hat there was no further action required by DERM.
The only
requirement was monitoring the site. DERM did not require the soils to be remediated.
Trtftrtrii IX'iCl
{THfWol IX>C';ljfT[ W7M.[X>CU j J
16".
The claim was timely reported lo Plaintiffs insurer, Defendant, ACE.

17.
Plaintiff has complied with all conditions precedent to bringing all causes of action
alleged in this complaint or the Defendant, ACE, has waived or is estopped from asserting the
same.
18.
As a result of Defendant, ACE'S, refusal to accept coverage, Plaintiff retained a public

adjuster. Defendant, ACE, still refused to give coverage.
19.
Defendant, ACE, has breached the policy by denying the claim.

20.
Defendant, ACE, has breached its insurance contract by failing to pay all of the
aforementioned benefits due and owing under the policy.

21.
;;
Plaintiff has suffered damages as a result of not having benefits paid pursuant lo the
insurance policy.
22.
All conditions precedent to obtaining payment of said benefits under the policy from
Defendant/, ACE, have been complied with, met, or waived.

23.
Plaintiff was forced to retain legal counsel to represent their interests in this cause and is
obligated to pay a reasonable fee for services rendered pursuant to Florida Statute v5627.d28,
ixx\i
O'llMTM 1XX.'.|;;VI
WHEREFORE, Plaintiff, J.K. PROJECT GROUP, INC., demands judgment against the
Defendant, ACE AMERICAN INSURANCE COMPANY, for an amount exceeding FifteenThousand Dollars ($15,000.00), exclusive of costs, interest, pre-judgment interest, attorney's
fees and costs and all other relief deemed just and appropriate by this Court and Plaintiff
respectfully requests a jury trial.
Count II Breach of Contract
(Breach of contract For December 2010 discharge)
24.
Plaintiff re-alleges all allegations contained in paragraphs one, two, seven through twelve
and further alleges the following:
25.
On or about December 12, 2010, DERM performed an inspection which revealed at least
;l
12 inches of free flowing product in a different area of the loss.

26.
It is unknown what caused the release.
DERM has acknowledged a discharge and
requires that the property be remediated.
27.
The claim was timely reported to Plaintiffs insurer, Defendant, ACE.

28.
same.
29.
Defendant, ACE, has breached the policy by improperly denying the claim.
rii(W6i ixte.i
ixc: i int ifW'7M.ixx:jj .>
30.
Defendant* ACE, has breached its insurance contract by failing to pay all of the
aforementioned benefits due and owing under the policy.
31.
Plaintiff lias suffered damages as a result of not having benefits paid pursuant to the
insurance policy.
32.
obligated to pay a reasonable fee for services rendered pursuant (o Florida Statute 627,428.
WHEREFORE, Plaintiff; J.K. PROJECT GROUP, INC., demands judgment against the
Defendant, ACE AMERICAN INSURANCE COMPANY, for an amount exceeding FifteenThousand Dollars (515,000.00), exclusive of costs, interest, pre-judgment interest, attorney's
fees and costs and all other relief deemed just and appropriate by this Court and Plaintiff
respectfully requests a jury trial.

Count III - Declaratory Action
(Declaratory Action for February 11, 2014 discharge)
33,
Plaintiff re-alleges all allegations contained in paragraphs one through thirty two ant!
further alleges the following:
34.
Plaintiff files this declaratory action concerning its rights under Storage Tank Third Party
Liability Correction Action and Cleanup Costs Policy Number policy number G24G7 1859 002,
policy period from October 1, 2013 through October I, 2014. A true and accurate copy of the
policy is attached hereto as Exhibit "C'\
Tltrty?6l IX1CI
35.
On or about February 1 I, 2014, Cos la Oil Company's fuel truck discharged fuel onto
Plaintiffs subject property so lhat the Department of Environmental Resources Management
("DKRM") issued a Notice that corrective actions must take place.
The spill occurred in the
same area as the first loss. It did not

36.
DERM has acknowledged a discharge and requires thai the property be remediated.
37.
The claim was timely reported to Plaintiff s insurer, [Defendant, ACH,

38.
Defendant, ACE, has accepted coverage for this loss, but refuses to withdraw lite
wrongful denials for the April of 2010 loss and the December 12, 2010 loss.
i!
39.
The damages caused by the April of 2010 loss and the February II, 2014 loss exceed the
coverage available for the February 11, 2014 loss.
40.
in order lo repair the property in the area of the April of 20 1 0 loss and the February 1 1 ,
2014 loss, the denial of coverage for the April of 2010 loss must be determined. If the denial of
the April of 201 10 loss was wrongful, then this coverage should be afforded to Plaintiff along
with the coverage for the February 1 1 , 20 14 loss. Both coverages are necessary to repair the area
of loss for the April of20!0 and February 1 1, 2014 losses.
TMfiWil IX KJ.l
{TUtortSI OsX.\l}p llrOTftUX*;i: J
41.
same.
40.
An actual controversy exists between the parties which has let! the parties uncertain with
respect to their legal rights and responsibilities, particularly related to Plaintiff's rights/coverages
under the Policies marked as Exhibit A and D.

41.
obligated to pay a reasonable fee for services rendered pursuant to Florida Statute 627.428.
42.
There exists a bona fide, actual, present and practicable need for a declaration of each
parties' rights and obligations under the Policies marked as Exhibit A and B.
WHEREFORE, Plaintiff, J.K. PROJECT GROUP, INC., requests that this Court enter
judgment in its favor as follows:
a)
That if a jury finds that there Defendant, ACE AMERICAN INSURANCE
COMPANY, wrongfully denied coverage for the April of 2010 loss, then
the coverage available for the April of 2010 loss will apply, as well as the
coverage available for the February 1 1, 2014 loss.
b)
That Plaintiff be awarded attorney fees and costs pursuant to Fla. Stat.
627.428.
c)
And any further relief that the Court deems just and proper.
Tl WOM OiiC.1
{TfKwTtfl IXK'.tjm IftWUlOet} H
I HEREBY CERTIFY lhat a line and correct copy of the foregoing has been furnished
via email generated by the Florida Court's E-Filing Portal Service to: Lauren S. Curtis. Esq. and
Bradley 'J'. Guldalian, Esq. of Traub Libennan Straus <& Shrewsberiy LLP, First Central Towei;
360 Central Avenue,
Suite
1000,
St.
Petersburg, FL 33701
tlcurtis@traubliebenuan.eom:
btnild.ilian@7traublieberman.cor>!) on this 23rd day of September, 2015.
MERLIN LAW GROUP. P.A,

fs/ Kelly A. Kubiak
KELLY L. KUBIAK, ESQUIRE
Florida Bar No.
108952
Francisco 0. Garcia, Esq,

777 South Harbour Island Blvd., Ste. 950
Tampa, FL 33602
Tel: (S 1 3) 229-lOOQ/Fax: (813) 229-3692

Attorneys for Plaintiff
kkubiak@mcrlinlavvuroup.com
fbradley@merlinlawuroup.com
:!
dalvarez@ineiTmlawaroup.com
rnwjhi ixxm
ill I ()>?() I IX*.:I}< Tl lf>v?r>l.|XK':i; '>

J.K. PROJECT GROUP, INC. v. ACE AMERICAN INSURANCE COMPANY Complaint

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Case 1:15-cv-23984-KMW Document 1-2 Entered on FLSD Docket 10/23/2015 Page 1 of 82

https://www2.mianii-dadeclerk.eom/o cs/Viewer, aspx?QS=7nu9 WL .

Clerk's Office: rtiowi Unde County* m

Civil Circuit Fee.

,?13V Suwuoris Issue Foe

11/4/2014 ?:3V flti

CASE NO. f^" 2-^1-P i

PLAINTIFF T" [<

MULTIPLE DEFENDANT FEE

PHO HAV VICE FEE

NOTE! THIS 1$ NOT A RECEIPT

SORTING UNIT: PLEASE SORT AND SCAN

Case 1:15-cv-23984-KMW Document 1-2 Entered on FLSD Docket 10/23/2015 Page 2 of 82

FORM 1.997. CIVIL COVER SHEET

IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT.

J.K. Project Group. Inc.

ACE American Insurance Company

Other real properly actions $50,001 - $249,999

fl Contracts and indebtedness

Malpractice - other professional

Third party indemnification

Circuit Civil - Not Applicable

Nursing home negligence

Premises liability - commercial

Premises liability residential

fl Real Property/Mortgage foreclosure

Commercial foreclosure $0 - $50,000

Commercial foreclosure $50,001 - $249,999

Commercial foreclosure $250,000 or more

Shareholder derivative action

Homestead residential foreclosure $0 - 50,000

Homestead residential foreclosure $250,000 or

Non-homestead residential foreclosure $0 $50,000

Non-homestead residential foreclosure $50,001

Other real property actions $0 - $50,000

Case 1:15-cv-23984-KMW Document 1-2 Entered on FLSD Docket 10/23/2015 Page 3 of 82

COMPLEX BUSINESS COURT

REMEDIES SOUGHT (check all that apply):

Non-monetary declaratory or Injunctive relief;

NUMBER OF CAUSES OF ACTION: (

IS THIS CASE A CLASS ACTION LAWSUIT?

HAS NOTICE OF ANY KNOWN RELATED CASE BEEN FILED?

IS JURY TRIAL DEMANDED IN COMPLAINT?

Signature s/ Mariano R Gonzalez

(Bar number, if attorney)

Case 1:15-cv-23984-KMW Document 1-2 Entered on FLSD Docket 10/23/2015 Page 4 of 82

IN THE CIRCUIT COURT OF THE

1 1 JUDICIAL CIRCUIT IN AND

GENERAL JURISDICTION DIVISION

ACE AMERICAN INSURANCE COMPANY,

Plaintiff, J.K. PROJECT, is a Florida Corporation duly authorized to conduct business

Case 1:15-cv-23984-KMW Document 1-2 Entered on FLSD Docket 10/23/2015 Page 5 of 82

to pay the benefits due for the covered loss.

As a result of Defendant's breach, Plaintiff has suffered damages in the amount of

Case 1:15-cv-23984-KMW Document 1-2 Entered on FLSD Docket 10/23/2015 Page 6 of 82

DEMAND FOR JURY TRIAL

Plaintiffs demand a trial by jury of all issues so triable as of right by jury.

Dated this 29th day of October, 2014.

3600 Red Road, Suite 603

By: /s/ Mariano R. Gonzalez

Case 1:15-cv-23984-KMW Document 1-2 Entered on FLSD Docket 10/23/2015 Page 7 of 82

Case 1:15-cv-23984-KMW Document 1-2 Entered on FLSD Docket 10/23/2015 Page 8 of 82