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Filing # 172626980 E-Filed 05/08/2023 11:14:18 AM
IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
CASE NO.: 23001791CA
AURIANA LAUTURE,
Plaintiff,
vs.
EDISON INSURANCE COMPANY,
Defendant.
/
COMPLAINT
COMES NOW the Plaintiff, AURIANA LAUTURE (hereinafter “Plaintiff’), by and
through undersigned counsel, and brings this action against the Defendant, EDISON
INSURANCE COMPANY (hereinafter “Defendant”), and alleges as follows:
GENERAL ALLEGATIONS, JURISDICTION AND VENUE
1 This is an action for damages in excess of $50,000.00, exclusive of interest, costs, and
attorneys’ fees.
2. At all material times relevant to this Complaint, Plaintiff has been and is the owner of
real and personal property in the State of Florida, located at 1541 Rommel Street, Port Charlotte,
FL 33952 (hereinafter the “Property”) and is otherwise sui juris.
3 Defendant has been and is now a foreign corporation that is authorized to engage in
the business of insurance with Florida citizens, regularly conducts business in Charlotte County,
and is otherwise sui juris.
4 In consideration for the premiums paid to it, Defendant issued Plaintiff a valid,
binding, and enforceable policy of insurance bearing Policy Number EDH53787 14-00 (hereinafter
the “Policy”) that insured the Property on or about the date of loss of September 29, 2022. A true
and correct copy of the Policy is not in the possession of the Plaintiff, is in the possession and
control of the Defendant, will be produced through discovery, and will be filed with the Court.
5 The Policy is an “All Risk” policy that covers all direct physical losses to the Property
that are not otherwise expressly excluded.
6. The Policy was in full force and effect on or about September 29, 2022.
7
On or about September 29, 2022, Plaintiff's Property sustained direct physical loss
caused by windstorm and/or ensuing losses (hereinafter the “Loss”).
8 Damage caused by windstorm and/or ensuing losses are covered under the Policy.
9 Damage caused by windstorm and/or ensuing losses are not expressly excluded from
the Policy.
10. Plaintiff timely notified Defendant of the Loss.
11. Defendant responded to the Loss by opening claim number EDI953157 (hereinafter
the “Claim’”).
12. The damage for the Loss and Claim, as alleged herein, arose as a direct and proximate
result of windstorm and/or ensuing losses that occurred on or about September 29, 2022.
13. Defendant has been afforded the opportunity to fully inspect the Loss, investigate the
cause of the Loss, and quantify the amount of the Loss.
14. Defendant inspected the Loss and Property in its investigation of the Claim.
15. On or about January 23, 2023, Defendant afforded coverage for the Claim.
16. In making a payment on the Claim, Defendant admitted liability for the Loss.
17. The amount paid by Defendant is grossly inadequate to perform the repairs necessary
to Plaintiff's Property as a result of the Loss.
18. Defendant has failed to pay Plaintiff additional insurance Policy benefits for the
Claim.
19. The Policy involved herein was issued by Defendant to Plaintiff in Charlotte County,
Florida, and covers real property in Charlotte County, Florida. Additionally, the cause of action
arose in Charlotte County, Florida. As such, venue is proper in Broward County pursuant to Fla.
Stat. $47.051.
20. Plaintiff has complied with all prerequisites, whether denominated conditions
precedent, duties after loss, or otherwise, to receive benefits or proceeds under the Policy, or
maintain the instant suit for the breach or declaration of the Policy. Alternatively, Defendant has
accepted performance, waived, or never had standing to assert any prerequisites, whether
denominated as conditions precedent, duties after loss, or otherwise.
COUNT I- BREACH OF CONTRACT
21. Plaintiff re-alleges and incorporates by reference Paragraphs | through 20 as if fully
set forth herein and further states:
22. This is a cause for breach of contact arising out an insurance Policy that was in effect
at the time of the Loss to the insured Property.
23. On or about September 29, 2022, the Plaintiff's insured Property sustained direct,
physical Loss by windstorm and/or ensuing losses.
24. The Loss at the insured Property has caused Plaintiff to suffer economic damages and
substantial hardship as a result of a covered loss to the insured Property, and Plaintiff continues to
suffer the Loss.
25. Plaintiff timely notified Defendant of the Loss and filed the Claim in accordance with
the terms and conditions of the Policy.
26. Defendant fully inspected the Property and was provided the full opportunity to
evaluate the Loss, cause of the Loss, and amount of damages.
27. Defendant paid Policy benefits on the Claim.
28. Defendant admitted liability for the Loss through payment on the Claim and, in a letter
to the Plaintiff, admitted liability.
29. The amount of the Policy benefits the Defendant paid is grossly inadequate to
complete the repairs to the Property required by the Loss.
30. Defendant denied contractual liability for the Loss and Claim as shown.
31. Defendant failed and/or refused to honor the contractual coverage in the Policy by
failing and/or refusing to fully compensate Plaintiff, by failing and/or refusing to pay the correct
amount of benefits owed under the Policy for the Claim based on the Loss.
32. Plaintiff suffered damages including, but not limited to, insurance benefits under the
Policy and damages from Defendant’s breach of the insurance Policy.
33. Plaintiff at all times cooperated with Defendant in the adjustment of the Claim.
34. Plaintiff also complied with all of their obligations under the Policy, or in the
alternative, has been excused from performance by the acts, representations, omissions, or conduct
of Defendant.
35. Notwithstanding the foregoing, Defendant has failed to timely and promptly pay the
full amount due and owing under the Policy for the covered Loss sustained. Defendant’s failure to
timely and promptly pay all amounts due and owing under the Policy is a breach of the insurance
contract.
36. Asa result of this dispute, it has become necessary that Plaintiff retains the services
of the undersigned attorneys. Plaintiff is obligated to pay a reasonable fee for the undersigned
attorneys’ services in bringing this action, plus costs. Plaintiffis entitled to reimbursement of these
fees and costs by the Defendant subject to Fla. Stat. §627.428.
37. Should Plaintiff prevail in this action, Plaintiff shall be entitled to interest from the
date of the loss or date of the breach, as prescribed by Florida law.
38. Plaintiff respectfully requests that this Honorable Court enter an Award of general
compensatory damages, interest, attorneys’ fees and costs including a contingency fee multiplier,
and any and all other relief deemed just and proper.
WHEREFORE Plaintiff respectfully requests this Court enter an award of all:
A General compensatory damages;
B Interest;
Attorneys’ fees associated with this instant litigation;
Costs incurred as a result of the instant litigation; and
Any such other and further relief as this Court deems just and appropriate.
DEMAND FOR JURY TRIAL
Plaintiff, AURIANA LAUTURE, demands trial byjury of all issues so triable.
NOTICE OF DESIGNATION OF EMAIL ADDRESS
PURSUANT TO 2.516, FLA. R. JUD. AMIN.
Plaintiff, AURIANA LAUTURE, by and through undersigned counsel,
and pursuant to Rule 2.516, Fla. R. Jud. Admin., hereby designates the following e-
mail addresses for the purpose of receiving all documents required to be served in this
proceeding:
Primary E-Mail Address: oberges@alliancelawfirm.org
Secondary E-Mail Address: jbendel@alliancelawfirm.org.
Tertiary E-Mail Address: eservice@alliancelawfirm.org
Respectfully submitted this 8" day, May 2023.
ALLIANCE LAW FIRM
Attorneys for Plaintiff
1665 Palm Beach Lakes Blvd., Suite 1001
West Palm Beach, FL 33401
Telephone: (561) 898-0351
Facsimile: (561) 335-1245
oberges@alliancelawfirm.org
jbendel@alliancelawfirm.org
eservice@alliancelawfirm.org
By: bs) Ce Lez, Cid
Otto E. Bergés, Esq.
Florida Bar No.: 193380
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Filing # 172626980 E-Filed 05/08/2023 11:14:18 AM IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CASE NO.: 23001791CA AURIANA LAUTURE, Plaintiff, vs. EDISON INSURANCE COMPANY, Defendant. / COMPLAINT COMES NOW the Plaintiff, AURIANA LAUTURE (hereinafter “Plaintiff’), by and through undersigned counsel, and brings this action against the Defendant, EDISON INSURANCE COMPANY (hereinafter “Defendant”), and alleges as follows: GENERAL ALLEGATIONS, JURISDICTION AND VENUE 1 This is an action for damages in excess of $50,000.00, exclusive of interest, costs, and attorneys’ fees. 2. At all material times relevant to this Complaint, Plaintiff has been and is the owner of real and personal property in the State of Florida, located at 1541 Rommel Street, Port Charlotte, FL 33952 (hereinafter the “Property”) and is otherwise sui juris. 3 Defendant has been and is now a foreign corporation that is authorized to engage in the business of insurance with Florida citizens, regularly conducts business in Charlotte County, and is otherwise sui juris. 4 In consideration for the premiums paid to it, Defendant issued Plaintiff a valid, binding, and enforceable policy of insurance bearing Policy Number EDH53787 14-00 (hereinafter the “Policy”) that insured the Property on or about the date of loss of September 29, 2022. A true and correct copy of the Policy is not in the possession of the Plaintiff, is in the possession and control of the Defendant, will be produced through discovery, and will be filed with the Court. 5 The Policy is an “All Risk” policy that covers all direct physical losses to the Property that are not otherwise expressly excluded. 6. The Policy was in full force and effect on or about September 29, 2022. 7 On or about September 29, 2022, Plaintiff's Property sustained direct physical loss caused by windstorm and/or ensuing losses (hereinafter the “Loss”). 8 Damage caused by windstorm and/or ensuing losses are covered under the Policy. 9 Damage caused by windstorm and/or ensuing losses are not expressly excluded from the Policy. 10. Plaintiff timely notified Defendant of the Loss. 11. Defendant responded to the Loss by opening claim number EDI953157 (hereinafter the “Claim’”). 12. The damage for the Loss and Claim, as alleged herein, arose as a direct and proximate result of windstorm and/or ensuing losses that occurred on or about September 29, 2022. 13. Defendant has been afforded the opportunity to fully inspect the Loss, investigate the cause of the Loss, and quantify the amount of the Loss. 14. Defendant inspected the Loss and Property in its investigation of the Claim. 15. On or about January 23, 2023, Defendant afforded coverage for the Claim. 16. In making a payment on the Claim, Defendant admitted liability for the Loss. 17. The amount paid by Defendant is grossly inadequate to perform the repairs necessary to Plaintiff's Property as a result of the Loss. 18. Defendant has failed to pay Plaintiff additional insurance Policy benefits for the Claim. 19. The Policy involved herein was issued by Defendant to Plaintiff in Charlotte County, Florida, and covers real property in Charlotte County, Florida. Additionally, the cause of action arose in Charlotte County, Florida. As such, venue is proper in Broward County pursuant to Fla. Stat. $47.051. 20. Plaintiff has complied with all prerequisites, whether denominated conditions precedent, duties after loss, or otherwise, to receive benefits or proceeds under the Policy, or maintain the instant suit for the breach or declaration of the Policy. Alternatively, Defendant has accepted performance, waived, or never had standing to assert any prerequisites, whether denominated as conditions precedent, duties after loss, or otherwise. COUNT I- BREACH OF CONTRACT 21. Plaintiff re-alleges and incorporates by reference Paragraphs | through 20 as if fully set forth herein and further states: 22. This is a cause for breach of contact arising out an insurance Policy that was in effect at the time of the Loss to the insured Property. 23. On or about September 29, 2022, the Plaintiff's insured Property sustained direct, physical Loss by windstorm and/or ensuing losses. 24. The Loss at the insured Property has caused Plaintiff to suffer economic damages and substantial hardship as a result of a covered loss to the insured Property, and Plaintiff continues to suffer the Loss. 25. Plaintiff timely notified Defendant of the Loss and filed the Claim in accordance with the terms and conditions of the Policy. 26. Defendant fully inspected the Property and was provided the full opportunity to evaluate the Loss, cause of the Loss, and amount of damages. 27. Defendant paid Policy benefits on the Claim. 28. Defendant admitted liability for the Loss through payment on the Claim and, in a letter to the Plaintiff, admitted liability. 29. The amount of the Policy benefits the Defendant paid is grossly inadequate to complete the repairs to the Property required by the Loss. 30. Defendant denied contractual liability for the Loss and Claim as shown. 31. Defendant failed and/or refused to honor the contractual coverage in the Policy by failing and/or refusing to fully compensate Plaintiff, by failing and/or refusing to pay the correct amount of benefits owed under the Policy for the Claim based on the Loss. 32. Plaintiff suffered damages including, but not limited to, insurance benefits under the Policy and damages from Defendant’s breach of the insurance Policy. 33. Plaintiff at all times cooperated with Defendant in the adjustment of the Claim. 34. Plaintiff also complied with all of their obligations under the Policy, or in the alternative, has been excused from performance by the acts, representations, omissions, or conduct of Defendant. 35. Notwithstanding the foregoing, Defendant has failed to timely and promptly pay the full amount due and owing under the Policy for the covered Loss sustained. Defendant’s failure to timely and promptly pay all amounts due and owing under the Policy is a breach of the insurance contract. 36. Asa result of this dispute, it has become necessary that Plaintiff retains the services of the undersigned attorneys. Plaintiff is obligated to pay a reasonable fee for the undersigned attorneys’ services in bringing this action, plus costs. Plaintiffis entitled to reimbursement of these fees and costs by the Defendant subject to Fla. Stat. §627.428. 37. Should Plaintiff prevail in this action, Plaintiff shall be entitled to interest from the date of the loss or date of the breach, as prescribed by Florida law. 38. Plaintiff respectfully requests that this Honorable Court enter an Award of general compensatory damages, interest, attorneys’ fees and costs including a contingency fee multiplier, and any and all other relief deemed just and proper. WHEREFORE Plaintiff respectfully requests this Court enter an award of all: A General compensatory damages; B Interest; Attorneys’ fees associated with this instant litigation; Costs incurred as a result of the instant litigation; and Any such other and further relief as this Court deems just and appropriate. DEMAND FOR JURY TRIAL Plaintiff, AURIANA LAUTURE, demands trial byjury of all issues so triable. NOTICE OF DESIGNATION OF EMAIL ADDRESS PURSUANT TO 2.516, FLA. R. JUD. AMIN. Plaintiff, AURIANA LAUTURE, by and through undersigned counsel, and pursuant to Rule 2.516, Fla. R. Jud. Admin., hereby designates the following e- mail addresses for the purpose of receiving all documents required to be served in this proceeding: Primary E-Mail Address: oberges@alliancelawfirm.org Secondary E-Mail Address: jbendel@alliancelawfirm.org. Tertiary E-Mail Address: eservice@alliancelawfirm.org Respectfully submitted this 8" day, May 2023. ALLIANCE LAW FIRM Attorneys for Plaintiff 1665 Palm Beach Lakes Blvd., Suite 1001 West Palm Beach, FL 33401 Telephone: (561) 898-0351 Facsimile: (561) 335-1245 oberges@alliancelawfirm.org jbendel@alliancelawfirm.org eservice@alliancelawfirm.org By: bs) Ce Lez, Cid Otto E. Bergés, Esq. Florida Bar No.: 193380