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35-2022-CA-000832-AXXX-XX
Filing # 149217983 E-Filed 05/09/2022 03:03:54 PM
IN THE CIRCUIT COURT OF THE STH JUDICIAL
CIRCUIT IN AND FOR LAKE COUNTY, FLORIDA
CASE No.:
DAMON AND BRITTANY ARNETT,
Plaintiff,
vs.
AMERICAN SECURITY INSURANCE COMPANY,
Defendant.
/
COMPLAINT
Comes Now the Plaintiff, DAMON AND BRITTANY ARNETT, (hereinafter referred to as
“Brittany and Damon Arnett”), by and through the undersigned counsel and hereby files this
Complaint against the Defendant, AMERICAN SECURITY INSURANCE COMPANY (hereinafter
referred to as “American Security”), and as grounds therefore states as follows:
1. This is an action for damages which exceeds Thirty Thousand Dollars ($30,000.00),
exclusive of interest, attorneys’ fees, and costs, and is otherwise within the jurisdictional
limits of this Court.
2. At all times material hereto the Defendant, American Security, was and is an Insurance
Company authorized to do business in the State of Florida and doing business in Lake
County, Florida, and is otherwise sui juris.
3. At all times, material hereto the Plaintiff, Brittany and Damon Arnett, was and is a resident
of Lake County, Florida, and is otherwise sui juris.
4. At all material times, American Security insured Plaintiffs dwelling, pursuant to policy
number 2MR002291901 (hereafter “the Policy”). Plaintiffs are unsure whether Plaintiff
has a complete copy of the Policy; however, a complete copy of the Policy has been
requested from Defendant and will be produced during discovery.
5. On or about 10/28/2021, Plaintiff’s dwelling, located at 1108 Cedar Street, Leesburg, FL
34748 (hereafter “the Property”), sustained a covered loss due to Wind/Hail/Water
Damage.
FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 05/10/2022 02:44:12 PMPlaintiff notified Defendant of the damages.
Defendant assigned claim number 00103400944 to the loss.
Defendant assigned a date of loss of 10/28/2021.
Plaintiffs complied with all conditions precedent to entitle Plaintiffs to recover under the
ew nrnsa
Policy, or Defendant waived compliance with such conditions.
10. Defendant has failed to provide coverage for certain of Plaintiff's losses.
11. Asaresult, Defendant has failed to pay for all of Plaintiff's losses.
12. Defendant’s failure to pay for all or some of Plaintiffs losses is a material breach of
contract.
13. Asaresult of Defendant’s material breach of contract, it has become necessary for Plaintiff
to retain the services of the undersigned attorney.
WHEREFORE, Plaintiff demand judgment against Defendant for all losses with interest on any
overdue payments, any incidental and foreseeable consequential damages caused by Defendant’s
breach of contract, plus attorneys’ fees and costs, pursuant to sections 627.428, 57.041, and 92.231,
Florida Statutes (2018), and demand a trial by jury.
DATED this May 09, 2022.
Vihwos wll
Thomas L. Morelli, Esq.
Florida Bar No.: 104796
Morelli Law PLLC
132 W. Plant Street, Suite 230
Winter Garden, FL 34787
tom@morelli-law.com
407-900-9515
Attorney for Plaintiff
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35-2022-CA-000832-AXXX-XX Filing # 149217983 E-Filed 05/09/2022 03:03:54 PM IN THE CIRCUIT COURT OF THE STH JUDICIAL CIRCUIT IN AND FOR LAKE COUNTY, FLORIDA CASE No.: DAMON AND BRITTANY ARNETT, Plaintiff, vs. AMERICAN SECURITY INSURANCE COMPANY, Defendant. / COMPLAINT Comes Now the Plaintiff, DAMON AND BRITTANY ARNETT, (hereinafter referred to as “Brittany and Damon Arnett”), by and through the undersigned counsel and hereby files this Complaint against the Defendant, AMERICAN SECURITY INSURANCE COMPANY (hereinafter referred to as “American Security”), and as grounds therefore states as follows: 1. This is an action for damages which exceeds Thirty Thousand Dollars ($30,000.00), exclusive of interest, attorneys’ fees, and costs, and is otherwise within the jurisdictional limits of this Court. 2. At all times material hereto the Defendant, American Security, was and is an Insurance Company authorized to do business in the State of Florida and doing business in Lake County, Florida, and is otherwise sui juris. 3. At all times, material hereto the Plaintiff, Brittany and Damon Arnett, was and is a resident of Lake County, Florida, and is otherwise sui juris. 4. At all material times, American Security insured Plaintiffs dwelling, pursuant to policy number 2MR002291901 (hereafter “the Policy”). Plaintiffs are unsure whether Plaintiff has a complete copy of the Policy; however, a complete copy of the Policy has been requested from Defendant and will be produced during discovery. 5. On or about 10/28/2021, Plaintiff’s dwelling, located at 1108 Cedar Street, Leesburg, FL 34748 (hereafter “the Property”), sustained a covered loss due to Wind/Hail/Water Damage. FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 05/10/2022 02:44:12 PMPlaintiff notified Defendant of the damages. Defendant assigned claim number 00103400944 to the loss. Defendant assigned a date of loss of 10/28/2021. Plaintiffs complied with all conditions precedent to entitle Plaintiffs to recover under the ew nrnsa Policy, or Defendant waived compliance with such conditions. 10. Defendant has failed to provide coverage for certain of Plaintiff's losses. 11. Asaresult, Defendant has failed to pay for all of Plaintiff's losses. 12. Defendant’s failure to pay for all or some of Plaintiffs losses is a material breach of contract. 13. Asaresult of Defendant’s material breach of contract, it has become necessary for Plaintiff to retain the services of the undersigned attorney. WHEREFORE, Plaintiff demand judgment against Defendant for all losses with interest on any overdue payments, any incidental and foreseeable consequential damages caused by Defendant’s breach of contract, plus attorneys’ fees and costs, pursuant to sections 627.428, 57.041, and 92.231, Florida Statutes (2018), and demand a trial by jury. DATED this May 09, 2022. Vihwos wll Thomas L. Morelli, Esq. Florida Bar No.: 104796 Morelli Law PLLC 132 W. Plant Street, Suite 230 Winter Garden, FL 34787 tom@morelli-law.com 407-900-9515 Attorney for Plaintiff