Case 2:12-cv-02059-JAM-EFB Document 1 Filed 08/07/12 Page 1 of 9

1 LARRY L. BAUMBACH
State Bar No. 50086
2 LAW OFFICES OF LARRY L. BAUMBACH
686 Rio Lindo Avenue
3 Chico, CA 95926
Telephone: 530-891-6222
4
Attorney for Petitioner
5 ELIZABETH SANTOS
6
7
UNITED STATES DISTRICT COURT
8
9
10
11
FOR THE EASTERN DISTRICT OF CALIFORNIA
ELIZABETH SANTOS,
vs.
Plaintiff,
Case No.:
COMPLAINT FOR DECLARATORY
RELIEF
12 (JURY TRIAL DEMANDED)
13 ACE AMERICAN INSURANCE
COMPANY; and DOES 1 through 20,
14 Inclusive,
15 Defendants.
16 I
17 Plaintiff, Elizabeth Santos, an individual and a resident of Butte County and
18 hereinafter sometimes referred to as "Plaintiff' alleges against Defendants named in the
19 caption and each of them as follows:
20 JURISDICTION
21 1.
Plaintiff is a citizen of the State of California. Defendant is a corporation
22 incorporated under the laws of the State of Pennsylvania having its principal place of
23 business in Pennsylvania. The amount in controversy exceeds $75,000.00, exclusive of
24 interest and costs, the sum specified by 28 U.S.C. 1332.
25 2.
Plaintiff, Elizabeth Santos, hereinafter to be, referred as the insured or as
26 Plaintiff, was and is at all times material herein an individual who at the time of the
27 automobile accident referenced herein was an employee of Boehringer Ingelheim and was
28
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COMPLAINT FOR DECLARATORY RELIEF
Case 2:12-cv-02059-JAM-EFB Document 1 Filed 08/07/12 Page 2 of 9
1 therefore insured under policy #ISAH08250418 issued by Ace American Insurance to
2 Boehringer Ingelheim.
3 3. At all times material herein, Jessica Amber Waterman, Valerie Kosak and
4 Wayne Griffith were insured under Progressive Insurance Policy 0900424-0 with policy
5 limits of $15,000.00. Jessica Amber Waterman was operating the Progressive insured
6 automobile on July 14, 2009 when it collided with an automobile drive by Plaintiff, herein
7 Elizabeth Santos.
8 4. The true names and identities and capacities of Does 1 through 20, inclusive,
9 are presently unknown to the Plaintiff Santos. Therefore, Plaintiff sues these Defendants
10 by such fictitious names. When Plaintiff has learned the true names and identities and
11 capacities of said Defendants sued herein as Does 1 through 20, inclusive, Plaintiff will
12 amend the complaint to set forth their true names and identities and capacities. Plaintiff is
13 informed and believes and based upon this information and belief alleges that the
14 fictitiously named Defendants have made or will make claims under and by virtue of the
15 Ace American Policy, hereinafter referred to and issued by Ace American Insurance to
16 Plaintiffs employer, Boehringer Ingelheim, as the named insured. The identity of Doe
17 Defendants may be determined by discovery (Wakefield v Thompson, 177 F3d 1160 (9
th
18 Cir.1999)).
19 5. Plaintiff Santos is informed and believes and based upon such information
20 and belief alleges that the Defendants and each of them issued a policy of insurance to
21 Plaintiff's employer, Boehringer Ingelheim. Prior to 14th of July, 2009, Defendant, Ace
22 American, issued an automobile liability policy to Boehringer Ingelheim as the named
23 insured. This policy is designated policy number ISAH08250418. The policy provided
24 automobile liability coverage for a 2008 Saturn Aura which was operated by Plaintiff in the
25 course of her employment. Attached hereto and labeled Exhibit "A" is a true and correct
26 copy of said policy coverage sheet. Said policy was in full force on July 14, 2009, and
27 covered Plaintiff for underinsured motorist benefits as an employee of Boehringer
28 Ingelheim.
-2-
COMPLAINT FOR DECLARATORY RELIEF
Case 2:12-cv-02059-JAM-EFB Document 1 Filed 08/07/12 Page 3 of 9
1 6. Plaintiff Santos is informed and believes and thereon alleges that on or about
2 July 14, 2009, one Jessica Amber Waterman was operating a motor vehicle owned by
3 Valerie Kosak and/or Wayne Griffith and covered by Progressive Policy 0900424-0. As a
4 result of the injury sustained by Elizabeth Santos, Jessica Amber Waterman paid the policy
5 limits under her policy. Thereafter, Plaintiff, Elizabeth Santos, made a demand on Ace
6 American Insurance for coverage pursuant to underinsured motorist benefits. On or about
7 September 24, 2010, a claims adjustor, one Steven Beech, representing Ace American
8 through ESIS HEL Claims of Scranton, Pennsylvania, sent a letter confirming the existence
9 of $1,000,000 in underinsured motorist coverage. A copy of said letter is attached and
10 marked as Exhibit "B".
11 7. On January 21 of 2011 the Plaintiff, Elizabeth Santos, petitioned the Butte
12 County Superior Court in Elizabeth Santos v. Ace American Insurance Company, Case
13 Number 152742, for an order compelling underinsured motorist arbitration. Without
14 conducting discovery and without hearing evidence, the Butte County Superior Court
15 rejected the Plaintiff's request for an order and denied Petitioner's Petition and
16 Supplemental Petition to compel arbitration on January 31, 2012. It therefore became
17 necessary for the Plaintiff to file this complaint for declaratory relief. California decisional
18 law does not consider the denial of a Motion to Compel Arbitration to be a decision on the
19 merits (Fleur Du Lac Estates Association v Mansouri, 205 Cal.App.4
th
249 (2012.
20 8. An actual controversy has arisen and now exists between Plaintiff, Elizabeth
21 Santos and Defendants, and each of them, regarding the issue of whether the Ace
22 American Insurance policy referred to herein provides underinsured motorist coverage for
23 the claims which have arisen outof the accident of July 14, 2009.
24 9. Although Ace American coverage sheet states that a $1,000,000 coverage for
25 underinsured motorist incidents is provided with its policy, Ace American has refused to
26 honor the policy of insurance and refused to provide such coverage. The contentions
27 between the two parties require resolution by a court.
28
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COMPLAINT FOR DECLARATORY RELIEF
Case 2:12-cv-02059-JAM-EFB Document 1 Filed 08/07/12 Page 4 of 9
1 10. Defendants, Ace American, and each of them dispute the contentions of
2 Plaintiff, Elizabeth Santos, and contends alternatively that Boehringer Ingelheim has not
3 subscribed to a policy coverage for underinsured motorist, that it was not charged for a
4 policy of underinsured motorist benefits and therefore none exists, despite the printed
5 coverage sheet included with its policy and the affirmation of such coverage in the letter
6 from Defendant, Ace American's insurance claims representative.
7 11. Plaintiff, Elizabeth Santos, seeks a judicial determination of whether the Ace
8 American policy referred to herein provides underinsured motorist coverage for claims
9 arising out of the events of July 14, 2009.
10 12. Plaintiff, Elizabeth Santos, seeks a judicial declaration of Ace American's
11 rights, duties and obligations, if any, with regard to the claims arising out of the events of
12 July 14, 2009.
13 13. Wherefore, Plaintiff, Elizabeth Santos requests this Court issue its judgment
14 in favor of Plaintiff, Elizabeth Santos, and against Defendants and each of them in further
15 declaring Ace American's rights, duties and obligations, if any, with respect to the claims
16 which arose out of the events of July 14, 2009.
17 14. Plaintiff, Elizabeth Santos, requests that this Court issue its judgment
18 declaring that Ace American sold to Boehringer Ingelheim a policy which included therein
19 coverage for underinsured motorist benefits that applied directly to the vehicle Plaintiff was
20 operating in the course and scope of her employment with Boehringer Ingelheim and that
21 Plaintiff was a covered insured subject to all of the benefits conferred under the policy
22 including underinsured motorist coverage up to the sum of $1 ,000,000.
23 15. Plaintiff, Elizabeth Santos, further requests that this Court award her its costs
24 of suit incurred herein and for such further relief as the Court may deem proper.
25 Dated: AugustiL, 2012 LAW OFFICES OF LARRY L. BAUMBACH
26
27
28
_
LARRY L.
-4-
COMPLAINT FOR DECLARATORY RELIEF
Case 2:12-cv-02059-JAM-EFB Document 1 Filed 08/07/12 Page 5 of 9
ACE USA
ACe: American lnsuranca company
43SWolnutSUeat
0. Box 10DD
Phllodalphla, FA 1lI1ll._'
EXPIRING POUCY NUMBER: l:SA
Named Insured: Boehringer Ingal.he:i.m USA Ccn:poration
Address: SGG Ridgebury Road
Ri.dgef;ield, c:r G6877
Producer Number: 331727
& Co Inc.
Producer Address: 350 Hudson Street
4th Floor
New York, NY 10G14
Renewal
Fonn of BiJSlness: (gl Corporation 0 Umlted UabltIty Company 0 Other _
Named Insured's i:MIiness:
Policy Period: Policy covers from G1/01l2009 10 01/01/2010 12:01 am standard lime at the named insured's address
slated above. .
Aualt Period: Annual. unless otherwise etated: 0 Semi-Annual 0 Quarter!)' 0
Estimated Total Premium: IlnCludlng taxes and surcharge amounli>l $1,112,457* * Deposit/Minimum Premium
Colorado Automohile :rbeft Prevantion Aui:hor:i.qr F.... $45
Miab.iga,n Catastrophic Cl.aims Aesoc. SUrcharge
New Jersey Prope.rty/I.iabiJ.;iqr Insuranca Guaranty Association
Surcharge
New York vehiolQ Law Enforoament Fee
:rexas AutolllobiJ.e !!'haft Prevention Autho.ri ty Fee
West V;irginia Surcharge **Refar to the Notice of Election
$677
$221
$15,120
$581
$1,295
$251
$41
OEIvmeint of premium and subject 10 all !he terms of this policy we agree With you to provide the insurance as
DM9661 (0212006)
Case 2:12-cv-02059-JAM-EFB Document 1 Filed 08/07/12 Page 6 of 9

ACE tmA
ACEAmerfcan instll"illMaCompany
436 Walnut Stf1>OI
Business Auto Deo1arations
'loon
PItIhidaIpbla, PA "'06-37113
This polley Win those coverages where a charge is shown In !he premium column below. Each of Ihese
only to those 'autos" shown as covered "autos". "Autos" are shown as covered "autos' for a
the entry of one or more of the symbols from the Covered Autos Section of the Business Auto
. ! Fonn next' I the nar te
COVERED AUTOS
(Entry of one or
mDl&oftilesymbois UMlT
from tile COVERED .
AUTO Section of tile
THE MOST WE WlLL PAY FOR ANY
COVERAGES
8uel"""" AUlD
ONE ACCIDENT OR l..OSS
PREMIUM
C_ ..... Form
ehows which autos
UABiLlTY 1 '$2,000,000 $ l:nel uc\ed
PERSONAL INJURY
SEPARATELY STATED IN EACH PJ.P
(or equivalent
S
ENDORSEMENT $Statutox:y OED.
$l:neluc\ed
ADDED PERSONAL INJURY
SEPARATELY STATED IN EACH ADDED P.I.P.
$
PROT'ISCTlON (oreqt4lla1enl
ENDORSEMENT.
Added No fauft C_ej
OPTIONAL BASIC ECONOMIC
LOSS COVERAGE
$ $
(New YOI!< Only)
AGGREGATE PERSONAL
$
...
INJURY PROTECTION
t:;,
(New Yot1t only) Maximum Monthly Wor!< Loss $.
t '}
Death Benefit
I> ki
OIher Necessary Expense {per $.
;{i'
day)
I"?'!C""" "
PROPERTY PROTECTION SEPARATELY STATED IN THE P.P.I ENDORSEMENT. $
INSURANCE
MINUS $ OED FOR EACH ACCIDENT.
{MlohlgBll only}
MEDICAL PAYMENTS 2 $5,000 $:rneluded
UNINSURED MOTORISTS 2
$1,000,000
$:rneluded
UNDERINSURED 2 $1,000,000 $:rnelud<>d
MOTORISTS
(When not included in
Uninsured _sts)
(Nat Applicable in New YmI<)
.
SUPPLEMENTARY $ $
UNINSURED MOTORIST
The maximum amount payable under SUM coverage shall
(New YOlk onfY)
be the policy's SUM JimIts, reduced end thus offset by the
motor vehicle Bodily Injury fiabiJily insurance and policy or
from,or on behalf of, any
party in !he accident as spedlied in the
'SUM
DA-19661 (02J2OO6l Copyright, Insurance Services Oflice, Inc. 2000
Case 2:12-cv-02059-JAM-EFB Document 1 Filed 08/07/12 Page 7 of 9

.
ACE tlSl'.
Business Auto Declara.tions
ACE __ rarn:e Company
43SW8Inut_
0. Box 1000
l'hn.o.lphla, PA 161US.ml
POUCY NUMBER: ISA H08250418
m:M 'TWo . SCHEDUI..E OF CO'\fERAGES AND COVERSD. AUTQS .
..
' .. :;'
.... ".(.'
,
COVERED AUTOS
(Entry of one or
mora oflbe UIIIIIT
_Ilie
AUTO Section oftil.
THE MOST WE WIll PAY FOR ANY
COVERAGES
Bualn ..... Auta
ONE ACCIDENT OR LOSS
PREIIIIIUM
coverage;::
en ..... which
PHYSICAL DAMAGE ACTUAl. CASH VALUE OR COST OF REPAIR, $
COMPREHENSIVE COVERAGE
WHICHEVER IS LESS, MINUS $ OED. FOR
EACH COVERED AUTO, BUT NO DEDUC11BLE
APPUES TO LOSS CAUSED BY FIRE OR UGHTN1NG.
(NiA Private Passenger type vehicles in NY)
See Schedule On File WlIh Company For Vehicle
Deductlbles. . .
See ITEM FOUR For Hired Or Borrowed "Autos".
PHYSICAL DAMAGE
ACTUAl. CASH VAl.UE OR COST OF REPAIR, $
SPECIFIED CAUSES OF LOSS
WHICHEVER IS LESS MINUS $ OED. FOR
COVERAGE
EACH COVERED AUTO FOR LOSS CAUSED BY
MISCHIEF OR VANDAUSM.
...
See Schedule On File With Company For Vehicle
Deductlbles.
See ITEM FOUR For Hired Or Borrowed "AutoS."
PHYSICAl. DAMAGE
ACTUAl. CASH VALUE OR COST OF REPAIR,

COlUSION COVERAGE WHICHEVER IS LESS MINUS DED.FOR
EACH COVERED AUTO.
See Schedule On File WIth Company For Vehicle
Deductlbles.
See ITEM FOUR For HIred Or 8Orrowad "Autos.
PHVSICAI. DAMAGE $ for esch disablement of a private passenger $
TOWING AND lASOR auto.
PREMiUM FOR ENDORSEMENTS
ESTII\IiATED TOTAL -" ... , ..
$1 .1.l.2 457
ITEM tHREE - SCHEDULE OF coveREO AUTOS YOU OWN
............ <
DESCRIPTION
Covemd Year, Model Trade Name, Original
Cl'Jde Auto No Serial Number or Vehicle Identification Numb..- (VIN) Cost New
AS PER SCHEDULE ON FILE WITH COMPANY
OA-19661 (0212006) Copyright. Insurance Services Office, Inc. 2000
Case 2:12-cv-02059-JAM-EFB Document 1 Filed 08/07/12 Page 8 of 9

ACE USA
Business Aut.o DecJ.arations
ACE Americ;ln Jnsuranca Company
41Sw.JnutStrae!
P. 0. SlJ]( 1000
PA
POLley NUMBER J:SA H0825041B
ITEM FOUR SCHEDI.lLE OF HIRED OR SORROWED AUTO COVERAGl: AND PRElIIIIUMS
. . - .' I . . -
...
.':-
UABIUTY COVERAGE. RATING BASIS, COST OF HIRE
STATE ESTIMATED COST OF HIRE FOR
RATE PER .
FACTOR (If liab.
PREMIUM
EACH STATE COY. Is
AU $If Any
$
$Inc1uded
t
TOTAL PREMiUM
"T.
Cost of hire means the total amount you incur for the hire of "autos" you don't own (not including 'autos" you borrow or
rent from your partners or employees or their family members). Cost of hire does not include charges for services
performed by motor carriers of property or passengers.
" DAMAGE COVERAGE
COVERAGES UMlT OF INSURANCE ESTIMATED RATE PER
THE MOST WEWIU. PAY ANNUAL EACH
PREMIUM
DEDUCTIBLE COSTOFHlRE $100 ANNUAL
.. COST OF HIRE
ACTUAL CASH VAlliE OR COST OF REPAIR,
$ $ $
OR$ WHICHEVER IS LESS,
MlNUS$ DED. FOR EACH COVEREO
AlITO, BUT NO OEDUCTiBLE APPUES TO
I.OSS CAUSED BY FIRE OR UGHTENING.
SPECIFIED ACTUAL CASH VAlliE OR COST OF REPAIR,
$ $ $
CAUSES OF WHiCHEVER is LESS, MINUS $ OED.
LOSS FOR EACH COVERED AUTO FOR LOSS
CAUSED BY MISCHIEF OR VANDAUSM.
COLUSION ACTUAL CASH VALUE OR COST OF REPAIR, $ $ $
OR$ WHICHEVER IS LESS,
MINUS $ OED. FOR EACH COVERED
AUTO.
ITEM FIVE - SCHEDULE FOR NON..QWNERSHIP i.JABIUTY .
. ................... <-;> ...
. .. ......
NAMED INSURED'S BUSINESS RATING BASIS NUMBER PREMIUM
Other Than A Social Service Agency Number of Employees 0-25 $Inc1uded
Number of Partners $
Social Service Agency Number of Employees $
Number of Volunteers $
Garage Service Operations $
Number of Partners $
TOTAL PREMIUM $Included
DA19661 (02/2005) Copyright. Insurance Services Office, Inc. 2000
Case 2:12-cv-02059-JAM-EFB Document 1 Filed 08/07/12 Page 9 of 9
AGE Group 9/24/2010 3:45:04 PM PAGE 3/004 Fax Server
esis
September 24, 2010
Law Offices of Larry L. Baumbach.
Attn: Larry L. Baumbach
660 Rio Lindo Avenue
ESIS, Inc. PO Box' 3 860.731.6915 tel
New England APL Claims Tampa, FL -:s3631-3123 800.981.4353 fax
2 Waterside Crossing
Windsor, CT 06095 Steven.Beach@esis.com
'WVWV. es is. com
Steven Beach
Sr. Claims Representative
Chico, CA 95926 FAX: 530-891-<i222
RE: AccOlmt:
Claimant:
Accident Location:
Date of Incident:
File Number:
Boehringer Ingelheim
Elizabeth Santos
Wearverville, CA
07/14/09
5982 1600674751
Please be advised we are the third party administrator for the accollllt listed above.
We have recently become aware of your representation of the claimant( s) listed above .. This letter is also
to acknowledge your request for Arbitration in the matter refereced above
Per your request our accollllt has $1,000,000 in Illlderinsured benefits coverage
To date if have not received aoy medical records or reports from your office .. Please forward all medical
bills and records that you have to date to the Fax number below, or if you prefer, the mailing address
below.
We have received documeutation that the carrier for at fault vehicle for this loss has extended their
$25,000 policy limits. We have not received proper documentation that the at fault driver Jessica Amber
Watermao did not have a personal or household policy in effect at the time of the accident.
Please contact me as soon as possible at 800832-9130, ext 6915 to discuss the details of this accident, the
resulting injuries, aod to secure a recorded statement of your client(s). lam available Monday - Friday
from 7:30 am to 4:00pm EST.
Sincerely,
Steven Beach
Sr. Claims Representative
ESIS, Inc.
A Risk Management SeNicesCompany" One of the KE Group at ComfEnies
EXHIBIT"B"