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IN THE CIRCUIT COURT OF THE
TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE
COUNTY, FLORIDA
CASE NUMBER:
GARY MOORMAN AND REBECCA
MOORMAN,
Plaintiffs,
vs.
EDISON INSURANCE COMPANY,
Defendant.
_________________________________________/
COMPLAINT
COME NOW the Plaintiffs, GARY MOORMAN AND REBECCA MOORMAN, by and
through their undersigned attorney, and sue the Defendant, EDISON INSURANCE COMPANY,
and allege as follows:
This action for breach contract with damages more than Fifty Thousand Dollars
($50,000.00), exclusive interest, costs, and attorney’s fees.
all material times hereto, the Plaintiffs, GARY MOORMAN REBECCA
MOORMAN,(hereinafter “Plaintiffs”) were andare res idents of Florida.
all material times hereto, Defendant, EDISON INSURANCE COMPANY, was a
corporation duly licensed transact insurance business the State of Florida. Defendant
does business, has offices, and/or maintained agents for the transaction of customary
business Charlotte County, Florida.
Prior September 29, 2022, Plaintiffs sought and purchased homeowner’s insurance from
Defendant cover the property located 105 Westwind Drive, Placida, 33946
(hereinafter “Insureds’ Property”). Said property was insured under policy insurance
issued Defendant beari policy number EDH5416599 complete copy the Policy
Plaintiffs’ possession. However, Defendant has possession, custody and control
thispolicyand the policywill providedthrough discovery.
The policy described above was ful force and effect September and
provided benefits for damage caused theInsureds’ Property from covered loss including,
limited to,wind, rain,hail, and/or water damage.
about September 29, Insureds’ Property and dwelling Westwind Drive,
Placida, was damaged windstorm event. Said event was covered under the
Insureds’ Policy issued Defendant Insuredand was assigned claim number EDI953653.
result the windstorm event described bove, Plaintiffs sustained severe roof and
interiordamage the insuredproperty.
This action related Defendant’s breach contract and failure pay Plaintiffs for
therepairs necessary return the insuredproperty pre lossconditi
Plaintiffs have complied with all duties after loss and pre suit requirements providing
Defendant with Notice Intent Initiate Litigation March through the Florida
Department Financial Services compliance with Section Florida Statutes. See
Notice Intent InitiateLitigation attached hereto Exhibit “A”.
Jurisdiction and venue this matter are proper Circuit Court for Charlotte County,
Florida.
Plaintiffstimely notified the Defendant the loss and otherwise performed all conditions
precedent entitle Plaintiffs coverage and benefits under the policy Defendant waived
theconditions.
COUNT I BREACH OF CONTRACT AGAINST DEFENDANT
COME N the Plaintiffs, GARY MOORMAN AND REBECCA MOORMAN, by and
through their undersigned attorney sue the Defendant, EDISON INSURANCE COMPANY, and
allege as follows:
The Plaintiffs hereby repeat and allege Paragraphs 1 through 11 above and incorporates
the samereference herein.
The Plaintiffs are the named insureds under the homeowner’s insurance policy, and said
policy was full force and effect on the date loss.
Despite demand for payment, Defendant has failed or refused either: provide coverage,
pay Plaintiffs full for repairs necessary return the home pre-loss condition, issue
payment for personal property or provide payment for alternative living expenses/loss of use.
Defendant’s refusal provide coverage or adequate reimburse Plaintiffs, or otherwise
makePlaintiffs whole, constitutes a breach contract.
Due Defendant’s breach of contract, Plaintiffs have been damaged the form
insurance proceedswhich have not beenpaid, interest, costs, and attorney’s fees.
Due Defendant’s breach of contract, Plaintiffs had retain the services the
undersigned attorney initiate and prosecute this action. Plaintiffs are obligated pay their
attorney a reasonablefee andcosts for the services provided.
Plaintiffs have been and remain fully prepared comply with all the obligations
pursuant the aforesaid contract of insurance.
laintiffs are entitled recover attorney’s fees and costs under Fla. Stat. §627.428,
and
WHEREFORE, Plaintiffs, GARY MOORMAN AND REBECCA MOORMAN, demand
judgment against Defendant, EDISON INSURANCE COMPANY for all unpaid bills with
interest on any overdue payments, costs, attorney fees pursuant to Fla. Stat. § 627.428, §626.9373,
§57.041, and any other relief this Court deems just and proper.
PLAINTIFFS HEREBY DEMAND A JURY TRIAL ON ALL ISSUES SO
TRIABLE.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this document will be served on the
Defendant along with a copy of the Summons this action.
Dated:May 9, 2023
/s/Corey Justus
Corey Justus Esq.
Fla.Bar No. 113864
Payne Law,PLLC
Jefferson Street
Orlando, 32801
Phone: (407) 915-5447
corey@thepaynelaw.com
Attorney forPlaintiffs
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CASE NUMBER: GARY MOORMAN AND REBECCA MOORMAN, Plaintiffs, vs. EDISON INSURANCE COMPANY, Defendant. _________________________________________/ COMPLAINT COME NOW the Plaintiffs, GARY MOORMAN AND REBECCA MOORMAN, by and through their undersigned attorney, and sue the Defendant, EDISON INSURANCE COMPANY, and allege as follows: This action for breach contract with damages more than Fifty Thousand Dollars ($50,000.00), exclusive interest, costs, and attorney’s fees. all material times hereto, the Plaintiffs, GARY MOORMAN REBECCA MOORMAN,(hereinafter “Plaintiffs”) were andare res idents of Florida. all material times hereto, Defendant, EDISON INSURANCE COMPANY, was a corporation duly licensed transact insurance business the State of Florida. Defendant does business, has offices, and/or maintained agents for the transaction of customary business Charlotte County, Florida. Prior September 29, 2022, Plaintiffs sought and purchased homeowner’s insurance from Defendant cover the property located 105 Westwind Drive, Placida, 33946 (hereinafter “Insureds’ Property”). Said property was insured under policy insurance issued Defendant beari policy number EDH5416599 complete copy the Policy Plaintiffs’ possession. However, Defendant has possession, custody and control thispolicyand the policywill providedthrough discovery. The policy described above was ful force and effect September and provided benefits for damage caused theInsureds’ Property from covered loss including, limited to,wind, rain,hail, and/or water damage. about September 29, Insureds’ Property and dwelling Westwind Drive, Placida, was damaged windstorm event. Said event was covered under the Insureds’ Policy issued Defendant Insuredand was assigned claim number EDI953653. result the windstorm event described bove, Plaintiffs sustained severe roof and interiordamage the insuredproperty. This action related Defendant’s breach contract and failure pay Plaintiffs for therepairs necessary return the insuredproperty pre lossconditi Plaintiffs have complied with all duties after loss and pre suit requirements providing Defendant with Notice Intent Initiate Litigation March through the Florida Department Financial Services compliance with Section Florida Statutes. See Notice Intent InitiateLitigation attached hereto Exhibit “A”. Jurisdiction and venue this matter are proper Circuit Court for Charlotte County, Florida. Plaintiffstimely notified the Defendant the loss and otherwise performed all conditions precedent entitle Plaintiffs coverage and benefits under the policy Defendant waived theconditions. COUNT I BREACH OF CONTRACT AGAINST DEFENDANT COME N the Plaintiffs, GARY MOORMAN AND REBECCA MOORMAN, by and through their undersigned attorney sue the Defendant, EDISON INSURANCE COMPANY, and allege as follows: The Plaintiffs hereby repeat and allege Paragraphs 1 through 11 above and incorporates the samereference herein. The Plaintiffs are the named insureds under the homeowner’s insurance policy, and said policy was full force and effect on the date loss. Despite demand for payment, Defendant has failed or refused either: provide coverage, pay Plaintiffs full for repairs necessary return the home pre-loss condition, issue payment for personal property or provide payment for alternative living expenses/loss of use. Defendant’s refusal provide coverage or adequate reimburse Plaintiffs, or otherwise makePlaintiffs whole, constitutes a breach contract. Due Defendant’s breach of contract, Plaintiffs have been damaged the form insurance proceedswhich have not beenpaid, interest, costs, and attorney’s fees. Due Defendant’s breach of contract, Plaintiffs had retain the services the undersigned attorney initiate and prosecute this action. Plaintiffs are obligated pay their attorney a reasonablefee andcosts for the services provided. Plaintiffs have been and remain fully prepared comply with all the obligations pursuant the aforesaid contract of insurance. laintiffs are entitled recover attorney’s fees and costs under Fla. Stat. §627.428, and WHEREFORE, Plaintiffs, GARY MOORMAN AND REBECCA MOORMAN, demand judgment against Defendant, EDISON INSURANCE COMPANY for all unpaid bills with interest on any overdue payments, costs, attorney fees pursuant to Fla. Stat. § 627.428, §626.9373, §57.041, and any other relief this Court deems just and proper. PLAINTIFFS HEREBY DEMAND A JURY TRIAL ON ALL ISSUES SO TRIABLE. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this document will be served on the Defendant along with a copy of the Summons this action. Dated:May 9, 2023 /s/Corey Justus Corey Justus Esq. Fla.Bar No. 113864 Payne Law,PLLC Jefferson Street Orlando, 32801 Phone: (407) 915-5447 corey@thepaynelaw.com Attorney forPlaintiffs Page: 1 of 2 Page: 2 of 2