MIAMI — An insurance company seeks a judicial declaration against a diving company after a man allegedly died while on an expedition with the company.
Travelers Property Casualty Co. of America filed for the declaration on July 22 in U.S. District Court for the Southern District of Florida against the defendants, alleging that they release the plaintiff from liability.
According to court documents, the plaintiff seeks a declaratory judgment releasing it from liability that involved a diver, decedent Joseph Grosso, in a scuba diving incident, although the plaintiff as an insurance company of the defendants should cover any accidents aboard the vessel, its staff and passengers. The plaintiff alleges it does not provide coverage for hazardous activities with inherent risks and damages, particularly scuba diving, even though the decedent allegedly signed a "complete liability release."
The plaintiff holds Salt 'N Blue LLC, Robert Wranovics and Douglas Barkley responsible because the defendants allegedly owed Grosso a duty of reasonable care by failing to properly supervise a dive trip.
The plaintiff seeks declaration that there is no coverage under the policy for the diving related death of decedent Grosso and that as a consequence of the exclusions and absence of coverage, the plaintiff is not obligated to provide a defense to the defendants. It is represented by Michael E. Conroy and Adria G. Notari of McAlpin Conroy P.A in Miami.
U.S. District Court for the Southern District of Florida case number 16-cv-61768