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  • Irma Qureshi, et al Plaintiff vs. Universal Property & Casualty Insurance Company Defendant 3 document preview
  • Irma Qureshi, et al Plaintiff vs. Universal Property & Casualty Insurance Company Defendant 3 document preview
  • Irma Qureshi, et al Plaintiff vs. Universal Property & Casualty Insurance Company Defendant 3 document preview
  • Irma Qureshi, et al Plaintiff vs. Universal Property & Casualty Insurance Company Defendant 3 document preview
  • Irma Qureshi, et al Plaintiff vs. Universal Property & Casualty Insurance Company Defendant 3 document preview
  • Irma Qureshi, et al Plaintiff vs. Universal Property & Casualty Insurance Company Defendant 3 document preview
  • Irma Qureshi, et al Plaintiff vs. Universal Property & Casualty Insurance Company Defendant 3 document preview
  • Irma Qureshi, et al Plaintiff vs. Universal Property & Casualty Insurance Company Defendant 3 document preview
						
                                

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Case Number: CACE-21-007238 Division: 08 Filing # 124683002 E-Filed 04/09/2021 05:46:25 PM IN THE CIRCUIT COURT OF THE 17th JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA IRMA QURESHI, an individual, and GENERAL JURISDICTION DIVISION GEORGE GUERRERO, an individual, CASE NO.: Plaintiffs, ve UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, a Florida corporation, Defendant. / COMPLAINT AND DEMAND FOR JURY TRIAL Irma Qureshi & George Guerrero (“Plaintiffs”), sue Universal Property & Casualty Insurance Company (“Defendant”), and allege as follows: PARTIES, JURISDICTION & VENUE 1. This is an action for damages with an amount in controversy that exceeds thirty thousand dollars ($30,000.00) exclusive of interest, costs and fees. 2. Irma Qureshi is an individual who at all times material hereto has resided in Broward County, Florida. 3. George Guerrero is an individual who at all times material hereto has resided in Broward County, Florida. 4. Defendant is a Florida corporation, organized and existing under the laws of Florida, qualified to do business in Florida, and has at all times material hereto been conducting business in Broward County, Florida. TAYLOR ESPINO VEGA & TOURON, PLLC *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 04/09/2021 05:46:22 PM.****5. Venue is proper in this judicial circuit pursuant to Chapter 47 of the Florida Statutes as Plaintiffs’ cause of action accrued in Broward County, Florida, the contract which forms the subject matter of this Complaint was executed in Broward County, Florida, and the property which is the subject matter of this lawsuit, is located in Broward County, Florida. 6. All conditions precedent to the filing of this lawsuit occurred, were waived by Defendant, or were performed by Plaintiffs. GENERAL ALLEGATIONS 7. At all times material hereto, in consideration of a premium paid by Plaintiffs, there was in full force and effect a certain homeowner’s insurance policy issued by Defendant with a policy number of 1501-1503-2106 (the “Policy”). ! 8. Accordingly, under the terms of the Policy, Defendant agreed to provide insurance coverage to Plaintiffs’ property against certain losses. 9. The damaged property is located at 661 Alabama Avenue, Fort Lauderdale, Florida 33312 (the “Property”). 10. On or about October 14, 2020, while the Policy was in full force and effect, the Property sustained a covered loss as a result of a sudden and accidental pipe leak. 11. Pursuant to the Policy, Defendant agreed to provide coverage to the Property for all risks including the Loss, unless expressly and specifically excluded by the Policy’s terms. 12. After the Loss occurred, Plaintiffs promptly notified Defendant of the Loss. 13. Defendant assigned claim number FL20-0148684 and an adjuster to adjust the Loss. 14. Plaintiffs complied with Defendant’s request to inspect the Property. | See Declarations Page attached hereto as Exhibit “A”. -2- TAYLOR ESPINO VEGA & TOURON, PLLC15. Plaintiffs cooperated with Defendant in the investigation of the subject claim. 16. Plaintiffs provided Defendant with their Sworn Statement in Proof of Loss and all documents requested that were within their possession. 17. Atall times relevant hereto, Plaintiffs satisfied all post-loss obligations required in the Policy for the subject claim. 18. Defendant later issued an underpayment for the Loss and denied portions of Plaintiffs’ water damages. 19. Defendant breached its duties and obligations under the Policy by, among other things, failing to properly adjust the Loss and failing to issue proper payment to Plaintiffs for the structural damages. 20. Defendant failed to properly indemnify Plaintiffs pursuant to the terms and conditions of the subject Policy. 21. Asa direct and proximate result of Defendant’s breach of the Policy, Plaintiffs have and continue to sustain damages. 22. Plaintiffs have retained the undersigned counsel to prosecute this action and remain obligated to pay counsel a reasonable attorney’s fee. 23. Plaintiffs are entitled to reasonable attorney’s fees pursuant to Section 627.428, Florida Statutes, and Defendant is responsible for same. WHEREFORE, Plaintiffs, Irma Qureshi and George Guerrero, respectfully demand a judgment against Defendant, Universal Property & Casualty Insurance Company, from this Honorable Court, on all damages incurred, prejudgment interest, attorney’s fees, costs, and all other relief this Court deems just and proper. -3- TAYLOR ESPINO VEGA & TOURON, PLLCDEMAND FOR JURY TRIAL Plaintiffs demand trial by jury on all issues so triable. Respectfully submitted, /s/ Amy E. Ruiz Francisco Touron, III, FBN: 527319 FTouron@tevtlaw.com Amy E. Ruiz, FBN: 99129 ARuiz@tevtlaw.com Antonio Villa de Rey. FBN: 1022522 AVRey@tevtlaw.com Taylor Espino Vega & Touron, PLLC 201 Alhambra Circle, Suite 801 Coral Gables, Florida 33134 Telephone: 305.443.2043 Telefacsimile: 305.443.2048 Attorneys for Plaintiffs, Irma Qureshi & George Guerrero 4 TAYLOR ESPINO VEGA & TOURON, PLLCEXHIBIT “A”A Stock Company Sata eae clo Evolution Risk Advisors, Inc. Poareton teonve PROPERTY 06/05/2020 8 GASUAETY INSURANCE COMPANY 1110 W. Commercial Blvd Fort Lauderdale, FL 33309 Renewal Policy Universal Property & Casualty Insurance Company, Homeowners @) UNIVERSAL THIS IS NOT A BILL For Policy or Claims Questions Contact Your Agent Listed Below Policy Number FROM Policy Period TO [MORTGAGEE BILLED] Agent Code 1501-1503-2106 06/05/2020 06/05/2021 12:01 AM Standard Time Ba70 Named Insured and Address Agent Name and Address Irma Qureshi CR Processing Inc 661 Alabama ave 6971 N Federal Hwy #405 Ft Lauderdale, FL 33312 Boca Raton, FL 33487 (305) 775-3148 (561) 450-6528 In: Le tion 661 ALABAMA AVE FT LAUDERDALE, FL 33312 BROWARD COUNTY Premium Summary Basic Coverages Attached Endorsements Total Policy Premium Premium’ Premium Assessments / Surcharges MGA Fees/Policy Fees _ (Including Assessments & Surcharges) $4,433.24 ($4,131.24) $1,260.00 $27.00 $1,589.00 Rating Information Townhouse/ Number of Protection Form Construction Year Rowhouse Families Occupied Class Territory BCEG HO3 Masonry 1953 N 1 Y 1 36 99 Dwelling Personal Property Protective Device Credits: County Replacement Cost Replacement Cost Burglar Fire Sprinkler Broward Y N N N N We will provide the insurance described in this policy in return for the premium and compliance with all applicable provisions of this policy. For renewals: If we elect to continue this insurance, we will renew this policy if you pay the required renewal premium for each successive policy period subject to our premiums, rules and forms then in effect. You must pay us prior to the end of the current policy period or else this policy will expire. Insurance is provided only with respect to the following coverages for which a limit of liability is specified, subject to all the conditions of this policy. COVERAGES - SECTION | LIMITS PREMIUMS COVERAGES - SECTION II LIMITS PREMIUMS Coverage A - Dwelling $152,964 $4,433.24 Coverage E - Personal Liability $100,000 $0.00 Coverage B - Other Structure $15,300 Coverage F - Medical Payments $1,000 $0.00 Coverage C - Personal Property $38,241 Coverage D - Loss of Use $30,593 NOTE: The portion of your premium for hurricane coverage is: $674.14 The portion of your premium for all other coverages is: $914.86 Section I Coverages Subject to a 5.0% of Coverage A - $7,648 Hurricane Deductible Per Calendar Year. Section | Coverages Subject to $2,500 All Other Perils (Non-Hurricane, Non-Sinkhole) Deductible Per Loss. The Ordinance or Law Coverage amount is 25% of Coverage A - $38,241 THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR HURRICANE LOSSES WHICH MAY RESULT IN HIGH OUT- OF-POCKET EXPENSES TO YOU. Flood coverage is not provided by Universal Property & Casualty Insurance Company and is not part of this policy. CR Processing Inc Mark 4 Countersignature Date Chief Executive Officer UPCIC HO DEC 15 02 20 Printed Date: 10/15/2020 11:38:43 AM. 10f3A Stock Company Declaration Effective PROPERTY Universal Property & Casualty Insurance Company, @S UNIVERSAL c/o Evolution Risk Advisors, Inc. 1110 W. Commercial Blvd Fort Lauderdale, FL 33309 06/05/2020 Renewal Policy THIS IS NOT A BILL Policy Number FROM Policy Period TO [MORTGAGEE BILLED] Agent Code 1501-1503-2106 06/05/2020 06/05/2021 12:01 AM Standard Time BQ70 Additional Interest Mortgagee/Additional Interest 01 Mortgagee/Additional Interest 02 Mortgagee/Additional Interest 03 Flagstar Bank, FSB ISAOA/ATIMA. PO Box 52198 Phoenix, AZ 85072 440699712 Mortgagee Policy Forms & Endorsements Applicable to This Policy NUMBER EDITION DESCRIPTION LIMITS PREMIUMS: UPCIC HOS 15 05 18 Homeowners 3 Special Form $4,433.24 UPCIC 905 15 03 18 Outline of Your Homeowner Policy UPCIC 801 15 12 17 Windstorm Protective Devices ($4,093.00) HO 23 70 05 13 Windstorm Exterior Paint or Waterproofing Endorsement UPCIC 201 15 02 18 UPCIC 601 15 12 17 Calendar Year Hurricane Deductible With Supplemental Reporting Requirement - Florida No Coverage for Home Day Care Business Personal Property Increase/Decrease $38,241 ($38.24) Year Built Surcharge $1,260.00 Emergency Management Preparedness Assistance Trust Fund $2.00 MGA Fee $25.00 YOUR POLICY PROVIDES COVERAGE FOR A CATASTROPHIC GROUND COVER COLLAPSE THAT RESULTS IN THE PROPERTY BEING CONDEMNED AND UNINHABITABLE. OTHERWISE, YOUR POLICY DOES NOT PROVIDE COVERAGE FOR SINKHOLE LOSSES. YOU MAY PURCHASE ADDITIONAL COVERAGE FOR SINKHOLE LOSSES FOR AN ADDITIONAL PREMIUM. UPCIC HO DEC 15 02 20 Printed Date: 10/15/2020 11:38:43 AM. 20f3Universal Property & Casualty Insurance Company, A Stock Company : : UNIVERSAL clo Evolution Risk Advisors, Inc. Peaaen erect’ PROPERTY 06/05/2020 fe castanr muna MMT 1110 W. Commercial Blvd Fort Lauderdale, FL 33309 Renewal Policy THIS IS NOT A BILL Policy Number FROM Policy Period TO [MORTGAGEE BILLED] Agent Code 1501-1503-2106 06/05/2020 06/05/2021 12:01 AM Standard Time BQ70 PLEASE VISIT UNIVERSALPROPERTY.COM TO VIEW YOUR APPLICABLE POLICY FORMS AND ENDORSEMENTS. LOG IN AND CLICK MY POLICIES/POLICY DETAILS OR TYPE THIS URL INTO YOUR INTERNET BROWSER: HTTPS://UNIVERSALPROPERTY.COM/ACCOUNTILOGIN. YOU HAVE THE RIGHT TO REQUEST AND OBTAIN WITHOUT CHARGE A PAPER OR ELECTRONIC COPY OF YOUR POLICY AND ENDORSEMENTS BY CONTACTING YOUR AGENT OR CALLING CUSTOMER SERVICE AT 1-800-425-9113. LAW AND ORDINANCE: LAW AND ORDINANCE COVERAGE IS AN IMPORTANT COVERAGE THAT YOU MAY WISH TO PURCHASE. PLEASE DISCUSS WITH YOUR INSURANCE AGENT. FLOOD INSURANCE: YOU MAY ALSO NEED TO CONSIDER THE PURCHASE OF FLOOD INSURANCE. YOUR HOMEOWNER'S INSURANCE POLICY DOES NOT INCLUDE COVERAGE FOR DAMAGE RESULTING FROM FLOOD EVEN IF HURRICANE WINDS AND RAIN CAUSED THE FLOOD TO OCCUR. WITHOUT SEPARATE FLOOD INSURANCE COVERAGE, YOU MAY HAVE UNCOVERED LOSSES CAUSED BY FLOOD. PLEASE DISCUSS THE NEED TO PURCHASE SEPARATE FLOOD INSURANCE COVERAGE WITH YOUR INSURANCE AGENT. COINSURANCE CONTRACT: THIS POLICY CONTAINS A CO- PAY PROVISION THAT MAY RESULT IN HIGH OUT-OF- POCKET EXPENSES TO YOU. IMPORTANT: This replaces all previously issued policy declarations, if any and is subject to all forms and endorsements attached to this policy. UPCIC HO DEC 15 02 20 Printed Date: 10/15/2020 11:38:43 AM. 3of3