Preview
Filing # 134138870 E-Filed 09/07/2021 08:24:01 PM
IN THE CIRCUIT COURT OF THE 15TH
JUDICIAL CIRCUIT IN AND FOR PALM
BEACH COUNTY, FLORIDA.
CASE NO: 50-2021-CA-0075 17-XXXX-MB
JAMES N. MANOLAKOS,
Plaintiff,
vs.
RONALD PAUL HIMEBACK,
Defendant.
/
PLAINTIFF’S MOTION FOR LEAVE TO AMEND
Plaintiff, JAMES N. MANOLAKOS (hereinafter referred to as Plaintiff),
pursuant to Fla. R. Civ. P. 1.190, moves the court for an order granting leave to
amend and for grounds states:
1. Plaintiff needs leave to amend to join his UM insurer.
2. The proposed amended complaint is attached hereto as Exhibit A.
3. The privilege of amending has never been abused by Plaintiff.
4, Actually, Plaintiff has never previously requested leave to amend.
5. The amendment would not be futile.
6. Liberality is the general rule on allowing amendments.
7. Granting leave to amend will not result in any unfair prejudice.
WHEREFORE, Plaintiff respectfully requests the court’s order granting leave
to amend and immediate issuance of summons for the newly added party.
1
*** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 09/07/2021 08:24:01 PM ***MEMO OF LAW
Fla. R. Civ. P. 1.190(e) provides in relevant part that pleadings may be
amended at any time in furtherance of justice and upon such terms as are just.
Specifically, Fla. R. Civ. P. 1.190(e) states relevant part (emphasis supplied) :
(e) Amendments Generally. At any time in furtherance of justice,
upon such terms as may be just, the court may permit any process,
proceeding, pleading, or record to be amended or material
supplemental matter to be set forth in an amended or supplemental
pleading.
Fla. R. Civ. P. 1.190(e) is to be liberally construed. Arch Specialty Ins. Co. v.
Kubicki Draper, LLP, 16 So.3d 149 (Fla. 4th DCA 2014). Mere possibility that the
plaintiff has a cause of action requires that leave to amend the pleadings be given,
provided the privilege to amend has not been abused. General Container service, Inc.
v. McGee & Co., 734 So.2d 570 (Fla. 3d DCA 1999). As a general rule, refusal to
allow amendment to a pleading constitutes an abuse of discretion unless it clearly
appears that allowing the amendment would prejudice the opposing party, the
privilege to amend has been abused, or amendment would be futile. Karn v. Coldwell
Banker Residential Estate, Inc., 705 So.2d 680 (Fla. 4th DCA 1998).
WHEREFORE, Plaintiff requests leave to amend and asks this court to allow
the amended complaint attached as exhibit A to be filed and served.
I HEREBY CERTIFY that a true and correct copy of the foregoing has been served
He eh
by filing it with the clerk of the court on this ee day of September 2021 and byemail true and accurate copies hereof to: dstephens@oslegal.com,
LOlds@oslegal.com, volds@oslegal.com, PPecaro@lawdrive.com,
gigi@lawdrive.com, pastillman@gmail.com, phil@baderstillman.com,
alexis@baderstillman.com,
Diego C. Asencio, P.A.
4440 PGA Blvd. Suite 600
Palm Beach Gardens, FL 33410
Tel: (561) 844-0840
ail: d 4
lego C. Asencio, Esq.
lorida Bar #: 352942EXHIBIT AIN THE CIRCUIT COURT OF THE 15TH
JUDICIAL CIRCUIT IN AND FOR PALM
BEACH COUNTY, FLORIDA.
CASE NO: 50-2021-CA-007517-XXXX-MB
JAMES N. MANOLAKOS,
Plaintiff,
vs.
RONALD PAUL HIMEBACK,
Defendant.
/
AMENDED COMPLAINT
Plaintiff, JAMES N. MANOLAKOS (hereinafter MR. MANOLAKOS),
sues Defendants RONALD PAUL HIMEBACK (hereinafter MR. HIMEBACK)
and SAFECO INSURANCE COMPANY OF ILLINOIS (hereinafter SAFECO)
and alleges:
1. This is an action for damages that exceed the sum of $30,000 and for
declaratory relief.
2. At all times material hereto, MR. MANOLAKOS is and was a resident and
domiciliary of Palm Beach County, Florida.
3. At all times material hereto, MR. HIMEBACK was and is a resident and
domiciliary of Palm Beach County, Florida.
4. At all times material hereto, SAFECO was an insurer authorized by the Florida
Department of Financial Servicesto do business in Florida with agents for the
1transaction of its customary business in Palm Beach County, Florida.
. On or about 11-08-2020 at 3:55 PM, MR. HIMEBACK operated a motor
vehicle on Handcock Creek Road in the Riverwalk community in West Palm
Beach, Palm Beach County, Florida.
COUNT I
AUTO NEGLIGENCE
. MR. MANOLAKOS te-alleges and incorporates by reference allegations 1-5 as
set forth above.
. At the above date, time and place, MR. HIMEBACK negligently operated or
maintained the motor vehicle he was driving so that it struck MR.
MANOLAKOS as a pedestrian.
. More specifically, MR. HIMEBACK negligently operated the motor vehicle he
was occupying by at least, but not limited to, the following acts and/or
omissions:
A. Driving too fast for conditions;
B. Failing to maintain a proper lookout;
C. Failing to exercise due care.
. Asa direct result of the above, the vehicle MR. HIMEBACK was operating
violently struck MR. MANOLAKOS as he was walking as a pedestrian and
MR. MANOLAKOS suffered bodily injury and resulting disability,
disfigurement, expense of medical and nursing care and treatment, loss of
2earnings, loss of ability to earn money, loss of capacity for the enjoyment of
life, loss of ordinary and necessary household services and aggravation of an
existing disease or physical defect or activation of a latent disease or physical
defect. These losses are permanent or continuing in nature and MR.
MANOLAKOS will suffer these losses in the future. MR. MANOLAKOS also
claims damages for pain, suffering, mental anguish, and inconvenience based
on having satisfied the tort threshold of the Florida Motor Vehicle No-Fault
Law.
WHEREFORE, MR. MANOLAKOS demands compensatory damages
against MR. HIMEBACK together with his costs pursuant to F.S. §§92.231,
57.041, 57.071 and Fla. R. Civ. Pro. 1.390(b) and further demands trial by jury.
COUNT IT
REQUEST FOR DECLARATORY RELIEF UNDER FS. §86.11 ET SEQ ON
UM COVERAGE ISSUES WITH REGARD TO SAFECO AUTO POLICY
MR. MANOLAKOS re-alleges and incorporates by reference allegations 1-5
and 7 and 9 above.
11. MR. HIMEBACK had a policy of auto insurance which did not provide
sufficient bodily injury liability insurance limits to compensate MR.
MANOLAKOS for all the personal injuries MR. MANOLAKOS sustained in
the above described 11-08-2020 motor vehicle verses pedestrian accident.
12. MR. MANOLAKOS suffered bodily injury because of the negligence of an
3uninsured motorist MR. HIMEBACK in thel 1-08-2020 motor vehicle verses
pedestrian accident as set forth above in Count I of this Complaint.
13. SAFECO issued a policy ##X6010248 which provides uninsured motorist
(hereinafter UM) coverage.
14. The policy declarations for above-described SAFECO policy #X6010248 is
attached as Exhibit A. MR. MANOLAKOS has not been furnished with a full
and complete copy of the policy to attach but SAFECO has the full policy.
15. The above-described SAFECO policy #X6010248 covered MR.
MANOLAKOS as a named insured with UM coverage for the 11-08-2020
motor vehicle verses pedestrian accident.
16. The UM coverage of the above-described SAFECO policy #X6010248 is
governed by Florida law and more specifically by F.S. §627.727.
17. SAFECO “steps into the shoes” of MR. HIMEBACK by the terms of the
above- described SAFECO policy #X6010248 and pursuant to F.S. §627.727
and the Florida case law thereunder.
18. MR. MANOLAKOS gave timely written notice to SAFECO that he was
presenting bodily injury claims for injuries sustained in the 11-08-2020 motor
vehicle versus pedestrian accident under the UM coverage of the above-
described SAFECO policy #X6010248.
19. MR. MANOLAKOS complied with all his other duties related the UMcoverage under the above-described SAFECO policy #X6010248.
20. MR. MANOLAKOS fulfilled all conditions precedent under the above-
described SAFECO policy # X6010248 to have SAFECO consider MR.
MANOLAKOS’s bodily injury claims under that policy’s UM coverage and to
bring this action.
21.SAFECO acknowledged UM coverage exits under the above SAFECO policy
#X6010248 for MR. MANOLAKOS’s injuries sustained in the 11-08-2020
motor vehicle verses pedestrian accident.
22. The UM coverage under the above described SAFECO policy ##X6010248
covers all compensatory damages which the uninsured motorist MR.
HIMEBACK legally owes MR. MANOLAKOS under Count I, which include
bodily injury and resulting disability, disfigurement, expense of medical and
nursing care and treatment, loss of earnings, loss of ability to earn money, loss
of capacity for the enjoyment of life, loss of ordinary and necessary household
services and aggravation of an existing disease or physical defect or activation
of a latent disease or physical defect. These losses are either permanent or
continuing in nature and MR. MANOLAKOS also claims as losses covered
under UM his losses in the future. MR. MANOLAKOS also claims damages
for pain, suffering, mental anguish, and inconvenience to be covered under theUM of the above-described SAFECO policy #X6010248 based on having
satisfied the tort threshold of the Florida Motor Vehicle No-Fault Law.
23. SAFECO has conditionally tendered its policy limits to MR. MANOLAKOS
for the bodily injuries MR. MANOLAKOS sustained as a result of the 11-08-
2020 motor vehicle verses pedestrian accident.
24, SAFECO tendered the UM policy limits on the condition that MR.
MANOLAKOS accept a release written by SAFECO.
25. MR. MANOLAKOS does not want to accept SAFECO’s release.
26. SAFECO has failed to unconditionally tender any part of the UM benefits for
the bodily injuries MR. MANOLAKOS claims to have sustained.
27. There is a dispute between SAFECO and MR. MANOLAKOS over whether
MR. MANOLAKOS is required to sign any release and/or whether the release
proposed by SAFECO is appropriate.
28. MR. MANOLAKOS would like to propose his own release.
29. Due to the above dispute over whether any release and/or whether the release
proposed by SAFECO is appropriate, MR, MANOLAKOS may properly join
SAFECO in this lawsuit together with MR. HIMEBACK as co-defendants.
30. Based upon the above dispute, MR. MANOLAKOS is in doubt as to his rights
under the policy issued by SAFECO and MR. MANOLAKOS is in need of
immediate judicial determination of his rights with regard to the signing anyrelease and/or the release proposed by SAFECO. WHEREFORE, MR.
MANOLAKOS requests:
A. That the court order full disclosure of all documents and allow full and
liberal discovery of all facts that may lead to admissible evidence relevant to
the determinations herein including production of the complete policy of
insurance and a complete copy of the written material in the possession of
SAFECO that would shed light on the issues involved herein;
B. That the court issue a declaratory judgment determining the issues set forth
above including whether Plaintiff must sign any release and whether the
release proposed by SAFECO is appropriate and whether the court may
require a different release written by MR. MANOLAKOS to be used.
C. That the court determine the applicable law, including the provisions of
Florida Statutes, that apply to the policy and to the parties and that the court
declare that each policy provision not in conformity with Florida law be
amended to conform with Florida law;
D. That the court determine and declare any other material matters pertaining to
the coverage or otherwise as to the respective rights and responsibilities of
the party under the policy as needed to do complete justice in this case;
E. That upon Plaintiff prevailing on any of the above issues related to the UM
coverage, that the court consider and determine which hours of work
performed by the undersigned were related to UM coverage and award any
such attorneys’ fees owed by SAFECO as a result of engendering these
issues.
WHEREFORE, MR. MANOLAKOS demands declaratory relief pursuant to
F.S. §86.011 et seq. with regard to the SAFECO policy issued under policy #
X6010248 and MR. MANOLAKOS further demands attorneys’ fees pursuant to
F.S. §627.428 and F.S. §627.727(8), legal assistant fees pursuant to F.S. §57.104
and costs pursuant to F.S. §92.231, Rule 1.390(c), F.S. §57.041 and F.S. §57.71against SAFECO.
I HEREBY CERTIFY that a true and correct copy of the foregoing has been
served by filing it with the clerk of the court on this ___ day of September 2021 and
by email true and accurate copies hereof to: dstephens@oslegal.com,
LOlds@oslegal.com, volds@oslegal.com, PPecaro@lawdrive.com,
gigi@lawdrive.com, pastillman@gmail.com, phil@baderstillman.com,
alexis@pbaderstillman.com,
Diego C. Asencio, P.A.
4440 PGA Blvd. Suite 600
Palm Beach Gardens, FL 33410
Tel: (561) 844-0840
Email: diego634c@aol.com
By:
Diego C. Asencio, Esq.
Florida Bar #: 352942EXHIBIT A~
“ REPRINTED
Insurance.
Aliberty Mutual Company
I THE ARCHIVE, THE ORIGINAL TRANSACTION MAY INCLUDE ADE
ALFORMS ‘**
POLICY NUMBER: X6010248
SAFECO INSURANCE COMPANY OF ILLINOIS
AUTOMOBILE POLICY DECLARATIONS
NAMED INSURED:
JAMES MANOLAKOS
GAIL MANOLAKOS
2790 HANCOCK CREEK
RD
WEST PALM BEACH FL 33411-5732
AGENT:
HORACE MANN SERVICE CORP
UNITED BUSINESS MGT
9270 INDIANTOWN RD
JUPITER FL 33478-2206
POLICY CHANGE
CHANGED EFFECTIVE: MAY 5 2020
POLICY PERIOD FROM: MAY 5 2020
TO: MAY 5 2021
at 12:01 A.M. standard time at
the address of the insured as
stated herein.
AGENT TELEPHONE:
1-800-578-6701
RATED DRIVERS JAMES MANOLAKOS, GAIL MANOLAKOS
2016 JEEP GRAND CHEROKEE LAR 4 DOOR
LOSS PAYEE CAPITAL ONE AUTO FINANCE
2011 TOYOTA AVALON BASE/LIMITE 4 DOOR SEDAN
LOSS PAYEE GOLD COAST FCU
Insurance is afforded onl
premium charges are indicated.
ID# 1C4R3IFAG9GC445123
ID# 4T1BK3DBXBU434398
y for the coverages for which limits of liability or
[CovERAGES 2016 JEEP LIMITS | PREMIUMS | 2011 TOYT LIMITS | PREMIUMS |
LIABILITY:
BODILY INJURY $250,000 $ 957.10 $250,000 $ 858.30
Each Person Each Person
$500,000 $500,000
Each Occurrence Each Occurrence
PROPERTY DAMAGE 000 244.80 100,000 206.50
Each Occurrence fach Occurrence
PIP 129.60 158.80
WORK LOSS EXCL.
-NAMED INSURED
& RELATIVES
$1,000
DEDUCTIBLE
APPLIES TO
NAMED INSURED
& RELATIVES
UNINSURED MOTORISTS (NON-STACKED LIMITS):
BODILY INJURY $100,000 294.00 $100,000 260.30
Each Person Each Person
$300,000 $300,000
Each Accident Each Accident
COMPREHENSIVE Actual Cash Value 86.70 Actual Cash Value 79.30
Less $500 Deductible Less $500 Deductible
COLLISION Actual Cash Value 353.70 Actual Cash Value 286.00
Less $500 Deductible Less $500 Deductible
ADDITIONAL COVERAGES:
LOSS OF USE $50 Per Day/$1500 Max 29.50 $50 Per Day/$1500 Max
TOTAL $ 2,095.40
~CONTINUED-
PO BOX 515097,
SAAGSTIEP 9/90 Page 1 of 2
LOS ANGELES,
TOTAL $ 1,867. 80
CA 90051
DATE PREPARED: APR. 15 2020~ ~
REPRINTED | THE ARCHIVE. THE ORIGINAL TRANSACTIONMAY INCLUDE ADE ALFORMS *“**
Beied Insurance. POLICY NUMBER: x6010248
A Liberty Mutual Company
SAFECO INSURANCE COMPANY OF ILLINOIS
AUTOMOBILE POLICY DECLARATIONS
CCONTINUED)
TOTAL EACH VEHICLE: 2016 JEEP $ 2,095.40
2011 TOYT 1,867.80
PREMIUM SUMMARY PREMIUM
VEHICLE COVERAGES $ 3,963.20
DISCOUNTS & SAFECO SAFETY REWARDS You saved $1,270.70 Included
TOTAL 12 MONTH PREMIUM FOR ALL VEHICLES ....
YOU SAVED $1,270.70 BY QUALIFYING FOR THE FOLLOWING DISCOUNTS:
Anti-Lock Brakes
Anti-Theft
Advance Quoting
Low Mileage
Accident Free
Violation Free
Coverage
Homeowners
Multi-Car
Both Side Air Bag
Preferred Payment Method
SA-1698/EP 9/90 Page 2 of 2
ae
Preview
Filing # 134138870 E-Filed 09/07/2021 08:24:01 PM IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA. CASE NO: 50-2021-CA-0075 17-XXXX-MB JAMES N. MANOLAKOS, Plaintiff, vs. RONALD PAUL HIMEBACK, Defendant. / PLAINTIFF’S MOTION FOR LEAVE TO AMEND Plaintiff, JAMES N. MANOLAKOS (hereinafter referred to as Plaintiff), pursuant to Fla. R. Civ. P. 1.190, moves the court for an order granting leave to amend and for grounds states: 1. Plaintiff needs leave to amend to join his UM insurer. 2. The proposed amended complaint is attached hereto as Exhibit A. 3. The privilege of amending has never been abused by Plaintiff. 4, Actually, Plaintiff has never previously requested leave to amend. 5. The amendment would not be futile. 6. Liberality is the general rule on allowing amendments. 7. Granting leave to amend will not result in any unfair prejudice. WHEREFORE, Plaintiff respectfully requests the court’s order granting leave to amend and immediate issuance of summons for the newly added party. 1 *** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 09/07/2021 08:24:01 PM ***MEMO OF LAW Fla. R. Civ. P. 1.190(e) provides in relevant part that pleadings may be amended at any time in furtherance of justice and upon such terms as are just. Specifically, Fla. R. Civ. P. 1.190(e) states relevant part (emphasis supplied) : (e) Amendments Generally. At any time in furtherance of justice, upon such terms as may be just, the court may permit any process, proceeding, pleading, or record to be amended or material supplemental matter to be set forth in an amended or supplemental pleading. Fla. R. Civ. P. 1.190(e) is to be liberally construed. Arch Specialty Ins. Co. v. Kubicki Draper, LLP, 16 So.3d 149 (Fla. 4th DCA 2014). Mere possibility that the plaintiff has a cause of action requires that leave to amend the pleadings be given, provided the privilege to amend has not been abused. General Container service, Inc. v. McGee & Co., 734 So.2d 570 (Fla. 3d DCA 1999). As a general rule, refusal to allow amendment to a pleading constitutes an abuse of discretion unless it clearly appears that allowing the amendment would prejudice the opposing party, the privilege to amend has been abused, or amendment would be futile. Karn v. Coldwell Banker Residential Estate, Inc., 705 So.2d 680 (Fla. 4th DCA 1998). WHEREFORE, Plaintiff requests leave to amend and asks this court to allow the amended complaint attached as exhibit A to be filed and served. I HEREBY CERTIFY that a true and correct copy of the foregoing has been served He eh by filing it with the clerk of the court on this ee day of September 2021 and byemail true and accurate copies hereof to: dstephens@oslegal.com, LOlds@oslegal.com, volds@oslegal.com, PPecaro@lawdrive.com, gigi@lawdrive.com, pastillman@gmail.com, phil@baderstillman.com, alexis@baderstillman.com, Diego C. Asencio, P.A. 4440 PGA Blvd. Suite 600 Palm Beach Gardens, FL 33410 Tel: (561) 844-0840 ail: d 4 lego C. Asencio, Esq. lorida Bar #: 352942EXHIBIT AIN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA. CASE NO: 50-2021-CA-007517-XXXX-MB JAMES N. MANOLAKOS, Plaintiff, vs. RONALD PAUL HIMEBACK, Defendant. / AMENDED COMPLAINT Plaintiff, JAMES N. MANOLAKOS (hereinafter MR. MANOLAKOS), sues Defendants RONALD PAUL HIMEBACK (hereinafter MR. HIMEBACK) and SAFECO INSURANCE COMPANY OF ILLINOIS (hereinafter SAFECO) and alleges: 1. This is an action for damages that exceed the sum of $30,000 and for declaratory relief. 2. At all times material hereto, MR. MANOLAKOS is and was a resident and domiciliary of Palm Beach County, Florida. 3. At all times material hereto, MR. HIMEBACK was and is a resident and domiciliary of Palm Beach County, Florida. 4. At all times material hereto, SAFECO was an insurer authorized by the Florida Department of Financial Servicesto do business in Florida with agents for the 1transaction of its customary business in Palm Beach County, Florida. . On or about 11-08-2020 at 3:55 PM, MR. HIMEBACK operated a motor vehicle on Handcock Creek Road in the Riverwalk community in West Palm Beach, Palm Beach County, Florida. COUNT I AUTO NEGLIGENCE . MR. MANOLAKOS te-alleges and incorporates by reference allegations 1-5 as set forth above. . At the above date, time and place, MR. HIMEBACK negligently operated or maintained the motor vehicle he was driving so that it struck MR. MANOLAKOS as a pedestrian. . More specifically, MR. HIMEBACK negligently operated the motor vehicle he was occupying by at least, but not limited to, the following acts and/or omissions: A. Driving too fast for conditions; B. Failing to maintain a proper lookout; C. Failing to exercise due care. . Asa direct result of the above, the vehicle MR. HIMEBACK was operating violently struck MR. MANOLAKOS as he was walking as a pedestrian and MR. MANOLAKOS suffered bodily injury and resulting disability, disfigurement, expense of medical and nursing care and treatment, loss of 2earnings, loss of ability to earn money, loss of capacity for the enjoyment of life, loss of ordinary and necessary household services and aggravation of an existing disease or physical defect or activation of a latent disease or physical defect. These losses are permanent or continuing in nature and MR. MANOLAKOS will suffer these losses in the future. MR. MANOLAKOS also claims damages for pain, suffering, mental anguish, and inconvenience based on having satisfied the tort threshold of the Florida Motor Vehicle No-Fault Law. WHEREFORE, MR. MANOLAKOS demands compensatory damages against MR. HIMEBACK together with his costs pursuant to F.S. §§92.231, 57.041, 57.071 and Fla. R. Civ. Pro. 1.390(b) and further demands trial by jury. COUNT IT REQUEST FOR DECLARATORY RELIEF UNDER FS. §86.11 ET SEQ ON UM COVERAGE ISSUES WITH REGARD TO SAFECO AUTO POLICY MR. MANOLAKOS re-alleges and incorporates by reference allegations 1-5 and 7 and 9 above. 11. MR. HIMEBACK had a policy of auto insurance which did not provide sufficient bodily injury liability insurance limits to compensate MR. MANOLAKOS for all the personal injuries MR. MANOLAKOS sustained in the above described 11-08-2020 motor vehicle verses pedestrian accident. 12. MR. MANOLAKOS suffered bodily injury because of the negligence of an 3uninsured motorist MR. HIMEBACK in thel 1-08-2020 motor vehicle verses pedestrian accident as set forth above in Count I of this Complaint. 13. SAFECO issued a policy ##X6010248 which provides uninsured motorist (hereinafter UM) coverage. 14. The policy declarations for above-described SAFECO policy #X6010248 is attached as Exhibit A. MR. MANOLAKOS has not been furnished with a full and complete copy of the policy to attach but SAFECO has the full policy. 15. The above-described SAFECO policy #X6010248 covered MR. MANOLAKOS as a named insured with UM coverage for the 11-08-2020 motor vehicle verses pedestrian accident. 16. The UM coverage of the above-described SAFECO policy #X6010248 is governed by Florida law and more specifically by F.S. §627.727. 17. SAFECO “steps into the shoes” of MR. HIMEBACK by the terms of the above- described SAFECO policy #X6010248 and pursuant to F.S. §627.727 and the Florida case law thereunder. 18. MR. MANOLAKOS gave timely written notice to SAFECO that he was presenting bodily injury claims for injuries sustained in the 11-08-2020 motor vehicle versus pedestrian accident under the UM coverage of the above- described SAFECO policy #X6010248. 19. MR. MANOLAKOS complied with all his other duties related the UMcoverage under the above-described SAFECO policy #X6010248. 20. MR. MANOLAKOS fulfilled all conditions precedent under the above- described SAFECO policy # X6010248 to have SAFECO consider MR. MANOLAKOS’s bodily injury claims under that policy’s UM coverage and to bring this action. 21.SAFECO acknowledged UM coverage exits under the above SAFECO policy #X6010248 for MR. MANOLAKOS’s injuries sustained in the 11-08-2020 motor vehicle verses pedestrian accident. 22. The UM coverage under the above described SAFECO policy ##X6010248 covers all compensatory damages which the uninsured motorist MR. HIMEBACK legally owes MR. MANOLAKOS under Count I, which include bodily injury and resulting disability, disfigurement, expense of medical and nursing care and treatment, loss of earnings, loss of ability to earn money, loss of capacity for the enjoyment of life, loss of ordinary and necessary household services and aggravation of an existing disease or physical defect or activation of a latent disease or physical defect. These losses are either permanent or continuing in nature and MR. MANOLAKOS also claims as losses covered under UM his losses in the future. MR. MANOLAKOS also claims damages for pain, suffering, mental anguish, and inconvenience to be covered under theUM of the above-described SAFECO policy #X6010248 based on having satisfied the tort threshold of the Florida Motor Vehicle No-Fault Law. 23. SAFECO has conditionally tendered its policy limits to MR. MANOLAKOS for the bodily injuries MR. MANOLAKOS sustained as a result of the 11-08- 2020 motor vehicle verses pedestrian accident. 24, SAFECO tendered the UM policy limits on the condition that MR. MANOLAKOS accept a release written by SAFECO. 25. MR. MANOLAKOS does not want to accept SAFECO’s release. 26. SAFECO has failed to unconditionally tender any part of the UM benefits for the bodily injuries MR. MANOLAKOS claims to have sustained. 27. There is a dispute between SAFECO and MR. MANOLAKOS over whether MR. MANOLAKOS is required to sign any release and/or whether the release proposed by SAFECO is appropriate. 28. MR. MANOLAKOS would like to propose his own release. 29. Due to the above dispute over whether any release and/or whether the release proposed by SAFECO is appropriate, MR, MANOLAKOS may properly join SAFECO in this lawsuit together with MR. HIMEBACK as co-defendants. 30. Based upon the above dispute, MR. MANOLAKOS is in doubt as to his rights under the policy issued by SAFECO and MR. MANOLAKOS is in need of immediate judicial determination of his rights with regard to the signing anyrelease and/or the release proposed by SAFECO. WHEREFORE, MR. MANOLAKOS requests: A. That the court order full disclosure of all documents and allow full and liberal discovery of all facts that may lead to admissible evidence relevant to the determinations herein including production of the complete policy of insurance and a complete copy of the written material in the possession of SAFECO that would shed light on the issues involved herein; B. That the court issue a declaratory judgment determining the issues set forth above including whether Plaintiff must sign any release and whether the release proposed by SAFECO is appropriate and whether the court may require a different release written by MR. MANOLAKOS to be used. C. That the court determine the applicable law, including the provisions of Florida Statutes, that apply to the policy and to the parties and that the court declare that each policy provision not in conformity with Florida law be amended to conform with Florida law; D. That the court determine and declare any other material matters pertaining to the coverage or otherwise as to the respective rights and responsibilities of the party under the policy as needed to do complete justice in this case; E. That upon Plaintiff prevailing on any of the above issues related to the UM coverage, that the court consider and determine which hours of work performed by the undersigned were related to UM coverage and award any such attorneys’ fees owed by SAFECO as a result of engendering these issues. WHEREFORE, MR. MANOLAKOS demands declaratory relief pursuant to F.S. §86.011 et seq. with regard to the SAFECO policy issued under policy # X6010248 and MR. MANOLAKOS further demands attorneys’ fees pursuant to F.S. §627.428 and F.S. §627.727(8), legal assistant fees pursuant to F.S. §57.104 and costs pursuant to F.S. §92.231, Rule 1.390(c), F.S. §57.041 and F.S. §57.71against SAFECO. I HEREBY CERTIFY that a true and correct copy of the foregoing has been served by filing it with the clerk of the court on this ___ day of September 2021 and by email true and accurate copies hereof to: dstephens@oslegal.com, LOlds@oslegal.com, volds@oslegal.com, PPecaro@lawdrive.com, gigi@lawdrive.com, pastillman@gmail.com, phil@baderstillman.com, alexis@pbaderstillman.com, Diego C. Asencio, P.A. 4440 PGA Blvd. Suite 600 Palm Beach Gardens, FL 33410 Tel: (561) 844-0840 Email: diego634c@aol.com By: Diego C. Asencio, Esq. Florida Bar #: 352942EXHIBIT A~ “ REPRINTED Insurance. Aliberty Mutual Company I THE ARCHIVE, THE ORIGINAL TRANSACTION MAY INCLUDE ADE ALFORMS ‘** POLICY NUMBER: X6010248 SAFECO INSURANCE COMPANY OF ILLINOIS AUTOMOBILE POLICY DECLARATIONS NAMED INSURED: JAMES MANOLAKOS GAIL MANOLAKOS 2790 HANCOCK CREEK RD WEST PALM BEACH FL 33411-5732 AGENT: HORACE MANN SERVICE CORP UNITED BUSINESS MGT 9270 INDIANTOWN RD JUPITER FL 33478-2206 POLICY CHANGE CHANGED EFFECTIVE: MAY 5 2020 POLICY PERIOD FROM: MAY 5 2020 TO: MAY 5 2021 at 12:01 A.M. standard time at the address of the insured as stated herein. AGENT TELEPHONE: 1-800-578-6701 RATED DRIVERS JAMES MANOLAKOS, GAIL MANOLAKOS 2016 JEEP GRAND CHEROKEE LAR 4 DOOR LOSS PAYEE CAPITAL ONE AUTO FINANCE 2011 TOYOTA AVALON BASE/LIMITE 4 DOOR SEDAN LOSS PAYEE GOLD COAST FCU Insurance is afforded onl premium charges are indicated. ID# 1C4R3IFAG9GC445123 ID# 4T1BK3DBXBU434398 y for the coverages for which limits of liability or [CovERAGES 2016 JEEP LIMITS | PREMIUMS | 2011 TOYT LIMITS | PREMIUMS | LIABILITY: BODILY INJURY $250,000 $ 957.10 $250,000 $ 858.30 Each Person Each Person $500,000 $500,000 Each Occurrence Each Occurrence PROPERTY DAMAGE 000 244.80 100,000 206.50 Each Occurrence fach Occurrence PIP 129.60 158.80 WORK LOSS EXCL. -NAMED INSURED & RELATIVES $1,000 DEDUCTIBLE APPLIES TO NAMED INSURED & RELATIVES UNINSURED MOTORISTS (NON-STACKED LIMITS): BODILY INJURY $100,000 294.00 $100,000 260.30 Each Person Each Person $300,000 $300,000 Each Accident Each Accident COMPREHENSIVE Actual Cash Value 86.70 Actual Cash Value 79.30 Less $500 Deductible Less $500 Deductible COLLISION Actual Cash Value 353.70 Actual Cash Value 286.00 Less $500 Deductible Less $500 Deductible ADDITIONAL COVERAGES: LOSS OF USE $50 Per Day/$1500 Max 29.50 $50 Per Day/$1500 Max TOTAL $ 2,095.40 ~CONTINUED- PO BOX 515097, SAAGSTIEP 9/90 Page 1 of 2 LOS ANGELES, TOTAL $ 1,867. 80 CA 90051 DATE PREPARED: APR. 15 2020~ ~ REPRINTED | THE ARCHIVE. THE ORIGINAL TRANSACTIONMAY INCLUDE ADE ALFORMS *“** Beied Insurance. POLICY NUMBER: x6010248 A Liberty Mutual Company SAFECO INSURANCE COMPANY OF ILLINOIS AUTOMOBILE POLICY DECLARATIONS CCONTINUED) TOTAL EACH VEHICLE: 2016 JEEP $ 2,095.40 2011 TOYT 1,867.80 PREMIUM SUMMARY PREMIUM VEHICLE COVERAGES $ 3,963.20 DISCOUNTS & SAFECO SAFETY REWARDS You saved $1,270.70 Included TOTAL 12 MONTH PREMIUM FOR ALL VEHICLES .... YOU SAVED $1,270.70 BY QUALIFYING FOR THE FOLLOWING DISCOUNTS: Anti-Lock Brakes Anti-Theft Advance Quoting Low Mileage Accident Free Violation Free Coverage Homeowners Multi-Car Both Side Air Bag Preferred Payment Method SA-1698/EP 9/90 Page 2 of 2 ae