Florida Resident Sues Marine Insurers After Minor Passenger Bitten by Iguana Aboard Charter Vessel
Mark Quartiano, a resident of Pompano Beach, Florida, is the subject of a federal maritime lawsuit filed in the Southern District of Florida. The action, filed under Case No. 0:26-cv-60319-WPD, was initiated by a group of insurers including Accelerant Specialty Insurance Company and several Lloyd’s Syndicates. The insurance companies are seeking a declaratory judgment to void Quartiano’s commercial yacht policy following an incident where a minor passenger was bitten by an iguana during a fishing charter.
Marine Insurance Dispute Arises After Iguana Bite Injury During Florida Fishing Charter
The underlying incident occurred on July 25, 2025, aboard the vessel “Striker,” a 1978 46-foot Hatteras. According to the complaint, a minor passenger identified as C.D.L.E. was part of a charter party that included his siblings, father, and grandfather. During the trip, the child attempted to pet an iguana that had allegedly been brought onto the boat by the captain’s son. The animal bit the child’s left index finger with enough force to cause bleeding and require medical evaluation. Following the incident, the child’s father informed Quartiano that the wound required antibiotics and expressed concerns over potential bacterial contamination and permanent mobility issues in the finger.
Insurers Seek to Void Policy Citing Breach of Liability Release Warranties and Passenger Limits
A primary focus of the lawsuit is the allegation that Quartiano failed to adhere to strict policy warranties regarding passenger safety and documentation. The insurers claim that the policy specifically required every charter participant, whether paying or complimentary, to sign a specific release of liability form prior to the commencement of any activity. Investigation by the insurers allegedly revealed that Quartiano did not require the minor or other participants to sign the mandated Concept Special Risks liability waiver. Furthermore, the insurers allege that while the policy and original application limited the vessel to a maximum of six fare-paying passengers, Quartiano routinely carried seven or more individuals, which the plaintiffs argue constitutes a material misrepresentation of the risk.
Complaint Alleges Unapproved Vessel Operation by Eight Year Old Son as Breach of Warranty
Beyond the paperwork and passenger counts, the insurers raise significant safety concerns regarding the operation of the vessel. The complaint asserts that the insurance policy contained a “Named Operator Warranty,” which dictated that the vessel only be operated by covered persons approved by the underwriters in writing. The insurers allege that their investigation discovered multiple instances where the vessel was operated by Quartiano’s eight-year-old son while passengers were on board. Because the minor son was never declared as a qualified operator or approved by the insurance companies, the plaintiffs argue this breach of warranty renders the insurance contract null and void from its inception.
Marine Underwriters Invoke Uberrimae Fidei Doctrine to Deny Coverage for Maritime Injury Claim
The lawsuit invokes the long-standing maritime legal doctrine of Uberrimae Fidei, or the duty of utmost good faith. This principle requires an insured party to disclose all facts material to the calculation of insurance risk. The insurers contend that Quartiano’s alleged failure to use liability waivers, the exceeding of passenger limits, and the use of unapproved operators were material facts that would have influenced their decision to issue the policy or the premium charged. Additionally, the insurers argue that the iguana bite did not arise from the “ownership or operation” of the vessel itself, but rather from the presence of an animal, and further cite that Quartiano failed to provide notice of the claim within the required thirty-day window.
Contact a Maritime Insurance and Charter Boat Injury Lawyer if You Were Injured on a Vessel
Passengers who suffer injuries during fishing charters or private excursions due to animal bites, improper supervision, or vessel negligence may face complex legal hurdles involving maritime insurance coverage. Insurance companies often look for any breach of policy warranties to avoid paying claims, leaving both captains and injured passengers in difficult positions. If you or a loved one has been injured while on a charter boat or encountered a dispute regarding maritime liability, it is essential to seek guidance from experienced legal professionals who understand the intricacies of federal admiralty law and insurance defense tactics.
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Disclaimer: Our firm does not represent the plaintiff in this case and is not involved in the litigation. The information provided is a summary of allegations based on publicly available court filings. We make no representations about the truth of these allegations, are not commenting on the merits of the case, and are not predicting any outcome.
