HENDERSON, CYNDI et al vs ASI PREFERRED INSURANCE CORP

This action arises from the denial of insurance benefits. Defendant issued Plaintiffs

a homeowner’s insurance policy numbered FSA16682 (the “Policy”). A complete copy of the

Policy is within Defendant’s possession and is incorporated into this Complaint. The Policy

provided dwelling and other coverages for the premises located at 6470 SW 50" Court, Ocala,

Florida 34474.

Plaintiffs’ residence suffered damage from a covered peril. Plaintiffs made a claim

under the Policy for the damage. Defendant assigned it claim #1036792-221013 and then

proceeded to improperly deny the claim in part, failed to acknowledge a substantial amount of the

damage caused by the covered peril, and failed to calculate properly the amount of damage for the

items it admitted were damaged.

Electronically Filed Marion Case # 22CA001861AX 09/09/2022 01:37:28 AM3. Defendant’s refusal to cover all of the damage violated its contractual duty.

Plaintiffs therefore bring this action for breach of contract to obtain the benefits due under the

Policy and such other remedies available at law.

Moreover, its claim settlement procedures, including (without limitation) failure to

timely and fairly adjust the claim and properly calculate undisputed damage constitutes bad faith.

Parties and Jurisdiction

Plaintiffs are natural persons and own the subject real property located in this

County.

Defendant is an insurance company with its principal place of business in St.

Petersburg, Florida. Defendant has engaged in business in this County by issuing insurance

policies and adjusting claims.

The amount at issue in this case is in excess of $30,000.00, exclusive of interest,

attorneys’ fees and costs.

Venue is proper in this Circuit because the conduct at issue occurred in this County

and Defendant is present in this Circuit through its business activities.

Factual Allegations

Defendant issued the Policy to Plaintiffs pursuant to which Defendant insured

Plaintiffs against loss to their dwelling and property, including loss from windstorm, rain, theft

and fire.

| Onor about April 17, 2022, Plaintiffs’ dwelling suffered damage due to a wind and

rain event.

Plaintiffs made a claim under the Policy for the damage to their dwelling.12. Defendant’s field adjuster acknowledged damage and Defendant admitted coverage

for the event. Nonetheless, Defendant declined coverage for a substantial portion of the damage

caused by the covered peril. Moreover, Defendant improperly calculated actual cash value of the

property damage.

On June 27, 2022, Plaintiff filed a Notice of Intent to Initiate Litigation (“NIL”)

pursuant to Florida Statute 627.70152. The NIL was assigned number 42211. A copy of the NIL

/floridacfo.gov/.

is in Defendant’s possession and available online at htt

Causes of Action

COUNT I

Causes of Action

Causes of Action

COUNT I BREACH OF INSURANCE CONTRACT

COUNT II STATUTORY BAD FAITH CLAIM PURSUANT TO FLA. STAT. SEC. 624.155