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Filing # 142450447 E-Filed 01/21/2022 05:04:59 PM
IN THE CIRCUIT COURT OF THE 1*
JUDICIAL CIRCUIT IN AND FOR
ESCAMBIA COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO.:
LAWRENCE WIGGINS
AND LETHA WIGGINS,
Plaintiffs,
vs.
STATE FARM FLORIDA
INSURANCE COMPANY,
Defendant,
/
COMPLAINT FOR DAMAGES
COME NOW the Plaintiffs, LAWRENCE WIGGINS AND LETHA WIGGINS,
(hereinafter referred to as the “Plaintiffs”) by and through their undersigned counsel and files
their complaint for damages against the Defendant, STATE FARM FLORIDA INSURANCE
COMPANY, (hereinafter referred to as “Defendant”) and states the following:
PARTIES, JURISDICTION & VENUE
1 This is an action for damages that exceeds $30,000 exclusive of interest, costs and
attorneys’ fees.
2 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 conducting
business in Escambia County, Florida.
3 Venue is Proper in Escambia County, Florida because the contract, which forms
the subject matter of this lawsuit, was executed in Escambia County, Florida, the subject
property is located in Escambia County, Florida and Defendant has engaged in substantial and
not isolated activity within Escambia County, Florida pursuant to Fla. Stat. §48.193 (2).
4. All conditions precedent to the filing of this lawsuit has occurred, have been
waived, or have been performed.
GENERAL ALLEGATIONS
5 At all times material hereto, in consideration of a premium paid by Plaintiffs,
there were in full force and effect a certain homeowners insurance policy issued by Defendant
with a policy number of 80-84-3369-0 (hereinafter referred to as “Policy”.
6 Plaintiffs are not in possession of a full copy of the insurance policy sued upon
herein and are therefore unable to attach a copy of the entire policy that forms the basis of the
Complaint. However, Plaintiffs hereby incorporates by reference the insurance policy pursuant to
Fla. R. Civ. P. 1.350(a). A copy of the Policy will be obtained via Discovery.
7
Accordingly, under the terms of the Policy, the Defendant agreed to provide
insurance coverage to Plaintiffs’ property against certain losses. The damaged property is located
at 1573 Kyle Drive, Escambia County, Pensacola, Florida 32505 (hereinafter referred to as
“Property”).
8 On or about September 16, 2020, while the Policy was in full force and effect, the
Property sustained damages due to Hurricane Sally (hereinafter referred to as “Loss”) a covered
peril under the policy. The high winds and rain produced by Hurricane Sally damaged the roof
causing water leaks throughout the home. The damage includes but is not limited to the kitchen,
living room, hallway, bathroom, bedroom one, master bedroom, den, exterior, and general items.
9 Shortly thereafter Plaintiffs reported the Loss to the Defendant.
10. Accordingly, Defendant assigned claim number 59-11Q5-25H and inspected the
Property.
11. Subsequently, Defendant failed to adequately indemnify Plaintiffs for the Loss.
12. By its failure to tender an appropriate amount to repair the Property, Defendant
has materially breached the Policy.
13, Defendant has failed to properly indemnify Plaintiffs for their losses stemming
from the Loss.
14. Plaintiffs have suffered and continued to suffer damages resulting from
Defendant’s breach of the Policy.
15, Plaintiffs were obligated to retain the undersigned attorneys for the prosecution of
this action and are entitled to reasonable attorneys’ fees pursuant to Fla. Stat. §627.428.
COUNT I
BREACH OF CONTRACT
Plaintiffs reincorporates paragraphs 1 through 15 as if fully set forth herein.
16. It is undisputed that Plaintiffs and Defendant entered into a written contract, the
Policy, wherein Plaintiffs agreed to pay a premium in exchange Defendant agreed to insure the
Property.
17. Plaintiffs have paid all premiums due and owing as contemplated by the Policy,
thus, fully performing their obligation under the Policy.
18. Further, at all times material hereto, Plaintiffs have satisfied all post-loss
obligations accorded in the Policy, including but not limited to: (i) promptly reporting the Loss to
Defendant; (ii) providing all documents in their possession and control; and (iii) making the
property available for inspection.
19, Defendant has failed to properly indemnify Plaintiffs for their losses stemming
from the covered peril.
20. Asa result of the foregoing, Defendant has breached the Policy.
21. As a direct and proximate result of Defendant’s breach of the Policy, Plaintiffs
have sustained damages.
WHEREFORE, the Plaintiffs, LAWRENCE WIGGINS AND LETHA WIGGINS,
hereby demand judgment against the Defendant, STATE FARM FLORIDA INSURANCE
COMPANY Y, for damages, plus interest, court costs and reasonable attorneys’ fees pursuant to
Florida Statute §627.428, and that the drafts for insurance proceeds comply with Fla. Stat. §
627.70121.
DEMAND FOR JURY TRIAL
The Plaintiffs demand a trial by jury of all issues so triable.
Dated this 21‘ day of January 2022.
M.S.P.G. LAW GROUP, PA
Attorney for the Plaintiffs
770 Ponce de Leon Blvd., Suite 101
Coral Gables, FL 33134
Telephone: 305-444-1887
Facsimile: 305-666-8427
By: _/s/ Leo A. Manzanilla
LEO A. MANZANILLA, ESQ.
FLA BAR NO.: 0652921
For Service Document Only:
Service@mspglawegroup.cor
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Filing # 142450447 E-Filed 01/21/2022 05:04:59 PM IN THE CIRCUIT COURT OF THE 1* JUDICIAL CIRCUIT IN AND FOR ESCAMBIA COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO.: LAWRENCE WIGGINS AND LETHA WIGGINS, Plaintiffs, vs. STATE FARM FLORIDA INSURANCE COMPANY, Defendant, / COMPLAINT FOR DAMAGES COME NOW the Plaintiffs, LAWRENCE WIGGINS AND LETHA WIGGINS, (hereinafter referred to as the “Plaintiffs”) by and through their undersigned counsel and files their complaint for damages against the Defendant, STATE FARM FLORIDA INSURANCE COMPANY, (hereinafter referred to as “Defendant”) and states the following: PARTIES, JURISDICTION & VENUE 1 This is an action for damages that exceeds $30,000 exclusive of interest, costs and attorneys’ fees. 2 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 conducting business in Escambia County, Florida. 3 Venue is Proper in Escambia County, Florida because the contract, which forms the subject matter of this lawsuit, was executed in Escambia County, Florida, the subject property is located in Escambia County, Florida and Defendant has engaged in substantial and not isolated activity within Escambia County, Florida pursuant to Fla. Stat. §48.193 (2). 4. All conditions precedent to the filing of this lawsuit has occurred, have been waived, or have been performed. GENERAL ALLEGATIONS 5 At all times material hereto, in consideration of a premium paid by Plaintiffs, there were in full force and effect a certain homeowners insurance policy issued by Defendant with a policy number of 80-84-3369-0 (hereinafter referred to as “Policy”. 6 Plaintiffs are not in possession of a full copy of the insurance policy sued upon herein and are therefore unable to attach a copy of the entire policy that forms the basis of the Complaint. However, Plaintiffs hereby incorporates by reference the insurance policy pursuant to Fla. R. Civ. P. 1.350(a). A copy of the Policy will be obtained via Discovery. 7 Accordingly, under the terms of the Policy, the Defendant agreed to provide insurance coverage to Plaintiffs’ property against certain losses. The damaged property is located at 1573 Kyle Drive, Escambia County, Pensacola, Florida 32505 (hereinafter referred to as “Property”). 8 On or about September 16, 2020, while the Policy was in full force and effect, the Property sustained damages due to Hurricane Sally (hereinafter referred to as “Loss”) a covered peril under the policy. The high winds and rain produced by Hurricane Sally damaged the roof causing water leaks throughout the home. The damage includes but is not limited to the kitchen, living room, hallway, bathroom, bedroom one, master bedroom, den, exterior, and general items. 9 Shortly thereafter Plaintiffs reported the Loss to the Defendant. 10. Accordingly, Defendant assigned claim number 59-11Q5-25H and inspected the Property. 11. Subsequently, Defendant failed to adequately indemnify Plaintiffs for the Loss. 12. By its failure to tender an appropriate amount to repair the Property, Defendant has materially breached the Policy. 13, Defendant has failed to properly indemnify Plaintiffs for their losses stemming from the Loss. 14. Plaintiffs have suffered and continued to suffer damages resulting from Defendant’s breach of the Policy. 15, Plaintiffs were obligated to retain the undersigned attorneys for the prosecution of this action and are entitled to reasonable attorneys’ fees pursuant to Fla. Stat. §627.428. COUNT I BREACH OF CONTRACT Plaintiffs reincorporates paragraphs 1 through 15 as if fully set forth herein. 16. It is undisputed that Plaintiffs and Defendant entered into a written contract, the Policy, wherein Plaintiffs agreed to pay a premium in exchange Defendant agreed to insure the Property. 17. Plaintiffs have paid all premiums due and owing as contemplated by the Policy, thus, fully performing their obligation under the Policy. 18. Further, at all times material hereto, Plaintiffs have satisfied all post-loss obligations accorded in the Policy, including but not limited to: (i) promptly reporting the Loss to Defendant; (ii) providing all documents in their possession and control; and (iii) making the property available for inspection. 19, Defendant has failed to properly indemnify Plaintiffs for their losses stemming from the covered peril. 20. Asa result of the foregoing, Defendant has breached the Policy. 21. As a direct and proximate result of Defendant’s breach of the Policy, Plaintiffs have sustained damages. WHEREFORE, the Plaintiffs, LAWRENCE WIGGINS AND LETHA WIGGINS, hereby demand judgment against the Defendant, STATE FARM FLORIDA INSURANCE COMPANY Y, for damages, plus interest, court costs and reasonable attorneys’ fees pursuant to Florida Statute §627.428, and that the drafts for insurance proceeds comply with Fla. Stat. § 627.70121. DEMAND FOR JURY TRIAL The Plaintiffs demand a trial by jury of all issues so triable. Dated this 21‘ day of January 2022. M.S.P.G. LAW GROUP, PA Attorney for the Plaintiffs 770 Ponce de Leon Blvd., Suite 101 Coral Gables, FL 33134 Telephone: 305-444-1887 Facsimile: 305-666-8427 By: _/s/ Leo A. Manzanilla LEO A. MANZANILLA, ESQ. FLA BAR NO.: 0652921 For Service Document Only: Service@mspglawegroup.cor