ST. CROIX — Dorchester Insurance Company has filed a complaint with the Virgin Islands Superior Court for declaratory judgment against St. Croix resident Warren Mosler confirming it has no duty to defend the economist, entrepreneur, and financial analyst in a lawsuit after denying an aircraft accident claim it says falls directly within his policy’s exclusions.
Mosler, a native of Connecticut, has sought public office a handful of times since 2004. He most recently ran for governor in 2018 alongside his running mate, Ray Fonseca, who is now serving his second term as senator after initially being elected to the Legislature of the Virgin Islands in 2022. Mosler ran for delegate to Congress in 2004, 2006, and 2012. He filed to run for president in 2009 but withdrew to instead run for a U.S. Senate seat in 2010 in Connecticut.
Mosler sought defense and reimbursement from Dorchester in multiple lawsuits arising from a fatal 2008 aircraft accident near Rio Grande, Puerto Rico, according to Dorchester’s eight-page complaint filed with the Superior Court on February 25 by attorney Kevin D’Amour.
The lawsuits included actions filed by the estates and representatives of passengers against Mosler, Ramo LLC, and Websta’s Aviation Services Inc. in federal courts, including the Southern District of Florida. The lawsuits claim Mosler owned or controlled Ramo, an entity allegedly engaged in aviation-related business operations, and that he was personally responsible for acts or omissions related to an aircraft accident that occurred on December 3, 2008, including negligence and operational liability.
Related claims were consolidated in a multidistrict litigation proceeding in the Southern District of Florida. Although one count against Mosler in the multidistrict litigation was dismissed with prejudice in 2016, claims related to alleged fraudulent transfers and Mosler’s involvement with Ramo remain pending. The remaining claims against Mosler, like the previously dismissed claims, arise solely from his alleged ownership, operation, or financial interest in Ramo.
Dorchester issued written denials of coverage in 2011 and reaffirmed its denial in 2013 after Mosler sought reconsideration. Because the claims relate to business activities and aviation operations, Dorchester argued in its complaint that they fall directly within the policy’s exclusions. Dorchester maintained its position throughout the litigation, consistently asserting that the claims in the lawsuits fall within the policy’s exclusions and that it had no duty to provide a defense or reimbursement. Mosler, however, continues to seek reimbursement from the insurance company for defense costs, asserting that Dorchester had a duty to defend him in all aspects of the litigation.
Dorchester requested that the Superior Court declare it had no obligation to provide defense or reimbursement to Mosler under the policy given that the claims made against him in the lawsuits fall within policy exclusions, given that Dorchester had no duty to defend, and given that there has been no judgment or order requiring Mosler to pay damages. Dorchester further requested that the court award the insurance company its costs and attorney’s fees incurred in this action, and such other and further relief the court deems just and proper.
