Accelerant and Texas Insurance challenge yacht dog bite claim in court

Accelerant and Texas Insurance say their policy doesn't cover a guest's dog bite - and want a court to back them up

Accelerant and Texas Insurance challenge yacht dog bite claim in court

Risk, Compliance & Legal

By Matthew Sellers

Marine insurers Accelerant Specialty Insurance Company and Texas Insurance Company are asking a Florida federal court to rule that they don’t have to cover a guest’s dog bite injury on a client’s yacht, raising questions about what marine insurance really covers and how strictly policy rules are enforced. 

Filed on August 12, 2025, in the Middle District of Florida, the case revolves around a June 22, 2024, incident aboard a 53-foot Hatteras motor yacht called “TOOLS N TOYS.” The boat, owned by Peter Gutska, was docked in St. Petersburg, Florida, when Cheryl Anderton, a guest, was bitten in the face by another passenger’s dog. Anderton later sued Gutska and fellow guest Albert Goldstone in state court, claiming she wasn’t warned about the dog’s temperament before the attack. 

Now, Accelerant and Texas Insurance Company want a judge to declare that their marine insurance policy doesn’t cover this kind of injury. Their argument is straightforward: the policy only covers injuries that result from the ownership or operation of the vessel itself. In their view, the dog—not the boat—caused the injury, so the policy shouldn’t apply. They point out that nothing about the vessel itself led to the incident, and the complaint in state court doesn’t say otherwise. 

The policy at the heart of the dispute offered $500,000 in third-party liability coverage and $25,000 in medical payments, but with clear conditions. The insurers say the coverage is only triggered if the accident is directly tied to the vessel’s operation or inherent risks. Here, they argue, the yacht was just the setting, not the cause. 

But there’s another twist. The insurers also claim the policy is void because of a technical breach: the boat’s fire extinguishing system hadn’t been certified since 2022, and the portable extinguishers were outdated and not properly maintained. According to the policy, any breach of warranty - no matter how minor or unrelated to the injury - voids the contract from the start. The insurers cite several federal court decisions that back up this strict approach to marine insurance warranties. 

In their complaint, Accelerant and Texas Insurance Company ask the court to confirm that they don’t have to defend or pay out for Gutska or Goldstone in the state lawsuit and that the policy is void because of the fire safety lapses. 

It’s important to remember that these are the insurers’ claims, not established facts. The court will have to decide whether the policy language supports their position and whether the fire extinguisher issue is enough to void the contract entirely. 

For marine insurers, underwriters, and claims professionals, this case is a reminder that compliance with policy warranties isn’t just paperwork - it can mean the difference between a covered claim and a costly denial. 

As the case moves forward, insurance professionals across the industry will be watching for the court’s take on what counts as a covered event and how strictly policy rules will be enforced. The outcome could shape how marine insurance policies are written, enforced, and challenged in the future.  

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