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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”.
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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.
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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
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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