Case 4:11-cv-04090-HFB Document 1-1

Filed 09/16/11 Page 1 of 22 PagelD #: 4

IN THE CIRCUIT COURT OF HEMPSTEAD COUNTY, ARKANSAS STEVEN WYLIE VS. INSURANCE COMPANY OF NORTH AMERICA COMPLAINT Comes now the Plaintiff, Steven Wylie, by and through his legal counsel, Patton Roberts, PLLC, and for his cause of action against Insurance Company of North America, (hereinafter "Defendant"), alleges: PARTIES 1. The Plaintiff is currently and at all times relevant to this cause of action a citizen and resident of Hempstead County, Arkansas with a mailing address of 1304 Wilson Drive; Hope, Arkansas 71801. 2. Defendant, is a liability insurance company domiciled out of state with authority to conduct business in the State of Arkansas and had in force and effect an insured policy, as defined by A.C.A. 23-89-209, issued to Plaintiff, Steven Wylie, at the time of this incident. Its agent of service is: The DEFENDANT CASE NO. CIV. 2011PLAINTIFF

Corporation Company, 124 West Capitol Avenue, Suite 1900, Little Rock, AR 72201.

EXHIBIT

Case 4:11-cv-04090-HFB Document 1-1

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JURISDICTION AND VENUE 3. This court has subject matter jurisdiction over the cause and in personam jurisdiction over the parties. Venue is proper in this court pursuant to A.C.A. 23-79-204 FACTUAL BACKGROUND 4. Insurance Company of North America issued a boat owner insurance policy (Policy Number: YKL YO 651301 3) to Steven Wylie to cover his houseboat with Hull ID Number: 37ZZ376C. This policy was in full force and in effect at all times relevant to this cause of action. In exchange for the Plaintiff paying a premium to the Defendant, the Defendant agreed to provide coverage as stated in the "coverage provided" section of the policy. 5. Attached as Exhibit 1 is a copy of the Boat owners' Insurance Policy that was obtained from the Hope agent. 6. On or around May 22, 2009, Steven Wiley was informed by marina employees that his boat had sunk. After receiving notice, Steven Wiley hired a company to remove the boat from the water. 7. The Plaintiff gave proper notice of the loss to the Defendant and its agents. 8. The Plaintiff has performed all conditions precedent to obtaining loss benefits. CAUSE OF ACTION 9. Defendant has breached its contract with the Plaintiff by denying coverage for this loss.

Case 4:11-cv-04090-HFB Document 1-1

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COMPENSATORY DAMAGES 10. As a result of the breach of contract by the Defendant, the Plaintiff has suffered the following damages: (a) Loss of use of his 1976 Chrysler Houseboat; (b) Storage fees incurred as a result of Defendant's failure to pay for the loss of the boat; (c) Towing and assistance expenses; (d) Loss of personal property that was aboard the vessel; (e) Reimbursement for reasonable expenses incurred while protecting the vessel from further damage. 11. In addition, the Plaintiff is entitled to twelve percent (12%) damages, plus interest, upon said amount, together with a reasonable attorney's fee for being forced to prosecute the insurer in this civil action as provided in A.C.A. 23-79-208. JURY TRIAL DEMANDED 12. Plaintiff demands a trial by jury upon all factual issues herein pursuant to Rule 38 of the Arkansas Rules of Civil Procedure.

WHEREFORE, Steven Wylie prays for judgment against the Defendant for compensatory damages; for 12% damages plus interest; pre-judgment interest and post-judgment interest; for a reasonable attorney's fee, for a trial by jury, for their costs herein expended; and for all other just and proper relief to which Steven Wylie may be entitled.

Case 4:11-cv-04090-HFB Document 1-1

Filed 09/16/11 Page 4 of 22 PagelD #: 7

Respectfully submitted:

'Jackson c. Bar No. 93209 r Reid D. Miller Ark. Bar No. 2008264 PATTON ROBERTS, PLLC 111 Center Street; Suite 1350 Little Rock, AR 72201 Telephone: 501-372-3480 Facsimile: 501-372-3488 jjackson@pattonroberts.com rmiller@pattonroberts.com ATTORNEYS FOR PLAINTIFF

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