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Filing # 134519178 E-Filed 09/14/2021 09:21:25 AM
IN THE CIRCUIT COURT OF THE SEVENTEENTHJUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
NECHAMA & AMIR BEN-ISHAY,
Plaintiffs,
VS.
Case No: CACE-21-007642
TYPTAP INSURANCE COMPANY,
Defendant.
i
COMPLAINT
PLAINTIFFS,NECHAMA & AMIR BEN - ISHAY, by and throughthe undersignedattorney
sues the Defendant, TYPTAP INSURANCE COMPANY, (hereinafter "Defendant")and in support
thereofalleges the following:
JURISDICTIONAL ALLEGATIONS
1. This is an action for Breach of Contract for damages greater than Thirty Thousand Dollars
($30,000.00), exclusive ofinterest,costs and attorney's fees.
2. At all times material hereto, NECHAMA & AMIR BEN - ISHAY, (hereinafter Plaintiffs),
were and are the owners ofproperty located at 4830 NW 65th Ave., Lauderhill,FL 33319.
3. At all times material hereto, the Defendant was and is a corporation authorized to do business,
maintains an office and agents in Broward County, Florida and regularlysells insurancepolicies to the
general public in BrowardCounty.
4. Jurisdiction and venue are proper in Broward County, Florida.
GENERAL ALLEGATIONS
5. Prior to November 8,2020, Defendant issued a policy ofinsuranceto Plaintiffs under Policy
No.: 12-1013535-02,for Plaintiffspropertylocated at 4830 NW 65th Ave., Lauderhill,FL 33319.
*** FILED: BROWARDCOUNTY, FL BRENDA D. FORMAN, CLERK 09/14/2021 09:21:25 AM.****
6. The policy ofinsuranceissued by Defendant includedcoveragefor dwelling, other structures,
personalproperty, and loss ofuse sufferedby Plaintiffs.
7. At all times material hereto, Plaintiffs' insurancepolicy with Defendant was in full force and
effect including on November 8,2020, the Date ofLoss.
8. Plaintiffs are not in possession of a copy ofthe policy to attach; however, Plaintiffs believe
that the Defendant has a copy ofsaid policy.
9. Plaintiffs have complied with all terms and conditions of the Policy, and all conditions
precedentto the bringing ofthis actionhave been performed, waived, or excused.
10. At all times material hereto, is not immune from liability for breach of contractpertaining
to insurancecoveragein accordance with Fla. Stat. §627.351(6)(s)(1) et. seq.
COUNTI
BREACH OF CONTRACT
11. Plaintiffs re-aver andre-allegeparagraphs 1 through 10 ofthis Complaint.
12. On or about, November 8,2020, Plaintiffs' propertywas damaged by a covered loss.
13. Plaintiffs gave timely notice of the loss and resulting damage to Defendant and/or its
authorized agents, employees or representatives. Defendant assigned Claim No. 12-3002004-20 to
this loss. Additionally, Defendant admitted coverage for the hurricane loss as reported by the
Plaintiffby opening coverage in the matter.
14. As a result ofthe loss on November 8,2020, Plaintiffs sustained damage to their property.
15. Defendant has breached the policy of insurance by failing to pay the full amount of
damages sustained by Plaintiff. Defendant is aware of the exact areas that were damaged on this
date of loss as Defendant inspected the property following the loss. Plaintiff provided
documentation, including but not limited to an executed sworn proof of loss and estimate in this
claim, showing the cost ofrepairs per area/room ofthe propertyto Defendant.
16. Although Defendant opened coverage on the claim and admittedthe loss is covered on
the policy, Defendant continues to refuse to pay the full amount of Plaintiff's covered losses
despite Plaintiff's demands for full payment.
17. Plaintiffs have been damaged as a resultofDefendant'sbreachas insurancebenefitsare due
and owing,plus interest, costs and attorney'sfees and costs.
18. Plaintiffs have retained the undersignedcounsel to prosecutethis action and is obligated to
pay the undersigned counsel a reasonable attorney'sfee and costs.
19. Plaintiffs are entitled to recover reasonable attorney'sfees from Defendant pursuantto F.S.
627.428.
WHEREFORE, Plaintiffs demand judgment for damages against Defendant, together with
pre-judgment interest, costs and attorneys and any other relief this Court deems proper under the
circumstances. Plaintiffs demandtrial byjury on all issuestriable as ofright.
DATED this September14, 2021.
RespectfullySubmitted,
/s/ Alena Lulchak
ALENA LULCHAK, ESQ.
Florida Bar No. 1011375
BRETT L. SCHLACTER, ESQ.
Florida Bar No. 98112
SCHLACTER LAW
1108 Kane Concourse,Suite 305
Bay HarborIslands, Florida 33154
(305) 999 - 1111 (Telephone)
(305) 440 - 1354 (Facsimile)
E-mail:
E-mail:
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Filing # 134519178 E-Filed 09/14/2021 09:21:25 AM IN THE CIRCUIT COURT OF THE SEVENTEENTHJUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA NECHAMA & AMIR BEN-ISHAY, Plaintiffs, VS. Case No: CACE-21-007642 TYPTAP INSURANCE COMPANY, Defendant. i COMPLAINT PLAINTIFFS,NECHAMA & AMIR BEN - ISHAY, by and throughthe undersignedattorney sues the Defendant, TYPTAP INSURANCE COMPANY, (hereinafter "Defendant")and in support thereofalleges the following: JURISDICTIONAL ALLEGATIONS 1. This is an action for Breach of Contract for damages greater than Thirty Thousand Dollars ($30,000.00), exclusive ofinterest,costs and attorney's fees. 2. At all times material hereto, NECHAMA & AMIR BEN - ISHAY, (hereinafter Plaintiffs), were and are the owners ofproperty located at 4830 NW 65th Ave., Lauderhill,FL 33319. 3. At all times material hereto, the Defendant was and is a corporation authorized to do business, maintains an office and agents in Broward County, Florida and regularlysells insurancepolicies to the general public in BrowardCounty. 4. Jurisdiction and venue are proper in Broward County, Florida. GENERAL ALLEGATIONS 5. Prior to November 8,2020, Defendant issued a policy ofinsuranceto Plaintiffs under Policy No.: 12-1013535-02,for Plaintiffspropertylocated at 4830 NW 65th Ave., Lauderhill,FL 33319. *** FILED: BROWARDCOUNTY, FL BRENDA D. FORMAN, CLERK 09/14/2021 09:21:25 AM.**** 6. The policy ofinsuranceissued by Defendant includedcoveragefor dwelling, other structures, personalproperty, and loss ofuse sufferedby Plaintiffs. 7. At all times material hereto, Plaintiffs' insurancepolicy with Defendant was in full force and effect including on November 8,2020, the Date ofLoss. 8. Plaintiffs are not in possession of a copy ofthe policy to attach; however, Plaintiffs believe that the Defendant has a copy ofsaid policy. 9. Plaintiffs have complied with all terms and conditions of the Policy, and all conditions precedentto the bringing ofthis actionhave been performed, waived, or excused. 10. At all times material hereto, is not immune from liability for breach of contractpertaining to insurancecoveragein accordance with Fla. Stat. §627.351(6)(s)(1) et. seq. COUNTI BREACH OF CONTRACT 11. Plaintiffs re-aver andre-allegeparagraphs 1 through 10 ofthis Complaint. 12. On or about, November 8,2020, Plaintiffs' propertywas damaged by a covered loss. 13. Plaintiffs gave timely notice of the loss and resulting damage to Defendant and/or its authorized agents, employees or representatives. Defendant assigned Claim No. 12-3002004-20 to this loss. Additionally, Defendant admitted coverage for the hurricane loss as reported by the Plaintiffby opening coverage in the matter. 14. As a result ofthe loss on November 8,2020, Plaintiffs sustained damage to their property. 15. Defendant has breached the policy of insurance by failing to pay the full amount of damages sustained by Plaintiff. Defendant is aware of the exact areas that were damaged on this date of loss as Defendant inspected the property following the loss. Plaintiff provided documentation, including but not limited to an executed sworn proof of loss and estimate in this claim, showing the cost ofrepairs per area/room ofthe propertyto Defendant. 16. Although Defendant opened coverage on the claim and admittedthe loss is covered on the policy, Defendant continues to refuse to pay the full amount of Plaintiff's covered losses despite Plaintiff's demands for full payment. 17. Plaintiffs have been damaged as a resultofDefendant'sbreachas insurancebenefitsare due and owing,plus interest, costs and attorney'sfees and costs. 18. Plaintiffs have retained the undersignedcounsel to prosecutethis action and is obligated to pay the undersigned counsel a reasonable attorney'sfee and costs. 19. Plaintiffs are entitled to recover reasonable attorney'sfees from Defendant pursuantto F.S. 627.428. WHEREFORE, Plaintiffs demand judgment for damages against Defendant, together with pre-judgment interest, costs and attorneys and any other relief this Court deems proper under the circumstances. Plaintiffs demandtrial byjury on all issuestriable as ofright. DATED this September14, 2021. RespectfullySubmitted, /s/ Alena Lulchak ALENA LULCHAK, ESQ. Florida Bar No. 1011375 BRETT L. SCHLACTER, ESQ. Florida Bar No. 98112 SCHLACTER LAW 1108 Kane Concourse,Suite 305 Bay HarborIslands, Florida 33154 (305) 999 - 1111 (Telephone) (305) 440 - 1354 (Facsimile) E-mail: E-mail: