Lakeshore Sail Charters, LLC v. Acadia Insurance

168 F. Supp. 3d 1048, 2016 U.S. Dist. LEXIS 30257, 2016 WL 861218
CourtDistrict Court, N.D. Illinois
DecidedMarch 7, 2016
Docket14-cv-2410
StatusPublished
Cited by3 cases

This text of 168 F. Supp. 3d 1048 (Lakeshore Sail Charters, LLC v. Acadia Insurance) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lakeshore Sail Charters, LLC v. Acadia Insurance, 168 F. Supp. 3d 1048, 2016 U.S. Dist. LEXIS 30257, 2016 WL 861218 (N.D. Ill. 2016).

Opinion

MEMORANDUM OPINION AND ORDER

JOHN Z. LEE, United States District Judge .

This suit for breach of an insurance contract is brought under the Court’s admiralty jurisdiction, 28 U.S.C. § 1333. Plaintiff Lakeshore Sail Charters, LLC, claims that Defendant Acadia Insurance Company breached its contract to insure Lakeshore against damage to a sailing vessel, the Halie & Matthew, and against any resulting lost earnings. Lakeshore further claims that Acadia acted in bad faith by refusing to honor the contract, entitling Lakeshore to additional compensation under Illinois law. Acadia retorts that it has fulfilled its obligations under the contract and that Illinois law does not apply.

Both sides have moved for summary judgment. Acadia also has moved to strike two affidavits Lakeshore submitted in support of its motion. For the reasons given below, the Court denies Acadia’s motions to strike, and the motions for summary judgment are granted in part and denied in part. Judgment is granted in favor of Lakeshore as to its loss of earnings claim, but denied in all other respects.

I. Factual Background1

' Lakeshore Sail Charters, an Illinois company, acquired a 79-foot schooner named the Halie & Matthew with the intention of participating in various “tall ship” festivals in the Great Lakes during the summer of 2013. Pl.’s SOF ¶¶ 7; Pl.’s Ex. 1 (Affidavit of Karen Randall) ¶ 2. As a participating sailing vessel, the Halie & Matthew would have the opportunity to sell tickets for scheduled excursions. Pl.’s SOF ¶ 9; Pl.’s Ex. 1 (Randall Aff). In advance of the festivals, Lakeshore purchased an insurance policy for the Halie & Matthew from an agent in Maine. PL’s SOF ¶ 3; Def.’s SOF ¶ 6. The policy, which went into effect on June 12, 2013, was issued by Acadia Insurance, a New Hamp[1051]*1051shire company. PL’s SOF ¶¶ 3, 12; Def.’s SOF ¶ 5.

The policy covered damage to the vessel while voyaging in the Great Lakes. Def.’s SOF ¶ 8. Lakeshore also purchased several endorsements from Acadia to expand the policy’s coverage. Id. Three of the purchased endorsements are relevant to the claims in this case.

First, the Loss of Earnings Endorsement covered losses due to an interruption in business resulting from damage to the ship. PL’s SOF ¶ 13; PL’s Ex. 2 (Contract) at 30. “Loss of Earnings” is defined as “net profits and continuing expenses.” Id. To make a claim under the Loss of Earnings Endorsement, the insured was required to submit a good faith estimate of its losses. PL’s Ex. 2 (Contract) at 30. The coverage amount under this endorsement was capped at $250,000. PL’s SOF ¶30. The endorsement did not provide coverage “in the event the interruption in business is caused as a result of the suspension or termination of the insured’s authority to operate by a governmental or regulatory body.” PL’s Ex. 2 (Contract) at 30.

Second, the Medical Payments Endorsement expanded the policy’s “Protection and Indemnity Clauses” to add “medical payments.” This endorsement applied “to fare paying passengers only.” PL’s SOF ¶ 15; Ex. 2 (Contract) at 33.

Finally, an untitled endorsement expanded the coverage of the policy from voyages in the Great Lakes to a “[o]ne time trip from Maine to Chicago.” Def.’s SOF ¶ 9; PL’s Ex. 2 (Contract) at 36. The same endorsement also specified that “there is no coverage for fare paying passengers until a new COI is received and accepted by Acadia Insurance Company.” Id. A COI is a certificate of inspection from the Coast Guard. Id. The parties agree that the Halie & Matthew had a certificate of inspection issued by the Coast Guard in Maine, see PL’s Additional Facts ¶ 13; Def.’s Resp. PL’s Additional Facts ¶ 13, but that the ship could not carry passengers after leaving Maine until it arrived in the Great Lakes and was authorized by the Coast Guard there, see Def.’s SOF ¶ 12; PL’s Resp. Def.’s SOF ¶ 12. According to Acadia, the Coast Guard in the Great Lakes would actually issue a new certificate, while Lakeshore contends that the existing certificate would simply be updated. Def.’s SOF ¶ 12; PL’s Resp. Def.’s SOF ¶ 12. (As will be seen, the distinction makes no difference.)

On June 28 or 29, 2013, while en route to the Great Lakes, the Halie & Matthew encountered bad weather and sustained significant damage to its bowsprit. PL’s SOF ¶ 10; Def.’s SOF ¶ 14. The ship could not continue to its destination before being repaired. PL’s SOF ¶ 11.

The repairs were begun in Quebec but had to be completed in New York. Def.’s SOF ¶ 14. According to Lakeshore, the time needed to complete the repairs caused the Halie & Matthew to miss most of the tall ship festivals it was scheduled to attend, causing a substantial financial loss. PL’s SOF ¶ 11; PL’s Ex. 1 (Randall Aff.) ¶6; PL’s Ex. 6 (Loss Estimate). Acadia disputes this statement, denying the sufficiency of the evidence offered in support. See Def.’s Resp. PL’s SOF ¶ 11.

Lakeshore submitted a claim to Acadia for costs related to the ship’s repair. The claim sought $100,700.64. PL’s SOF 35. Acadia approved payment in the amount of $63,661.86, but denied the remainder of the claim. Def.’s SOF ¶ 31.

Lakeshore also submitted a claim under the Loss of Earnings Endorsement for the profits it had anticipated from the tall ship festivals it missed. PL’s SOF ¶¶ 24-25; PL’s Ex. 1 (Randall Aff.) ¶ 12; PL’s Ex. 6 (Loss Estimate). In support of that claim, Lake-shore provided a detailed estimate of its lost earnings along with copies of the “ap[1052]*1052pearance agreements” it had executed with festival organizers. Id. Those agreements provided the schedules for those festivals and division of ticket-sale revenues between Lakeshore and the festival organizers. Id.

Lakeshore calculated its anticipated profits from ticket sales at the four festivals by multiplying its share of each ticket sale by an estimated number of passengers for each event and then subtracting estimated crew and fuel costs. Id. Lakeshore explained that it estimated the number of passengers who would have bought tickets for excursions on the Halie & Matthew based on reports from festival organizers of the percentage of tickets sold by the ships that did participate. Id.

Lakeshore estimated its net profits at $385,000. Id. In compiling that estimate, Lakeshore included only -four of the five festivals it missed and did not include an estimate of “continuing expenses” because the estimated net profits from the first four festivals far exceeded the policy cap of $250,000. Id. Lakeshore invited Acadia to forward any information that it believed would affect that estimate. Id.

Acadia denied Lakeshore’s loss of earnings claim entirely, contending that the Loss of Earnings Endorsement was not in effect at the time of the accident because the Halie & Matthew had not yet obtained a new certificate of inspection from the Coast Guard in the Great Lakes. Id. ¶ 28; Pl.’s Ex. 9 (Denial Letter of 11/26/13). Faced with the denial, Lakeshore filed this lawsuit, bringing two claims for breach of contract and one for a statutory penalty and damages under 215 Ill. Comp. Stat. § 5/155. Acadia in turn filed a counterclaim seeking a declaratory judgment that it is not liable to Lakeshore.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
168 F. Supp. 3d 1048, 2016 U.S. Dist. LEXIS 30257, 2016 WL 861218, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lakeshore-sail-charters-llc-v-acadia-insurance-ilnd-2016.