Preview
CPM-L-000270-23 07/07/2023 10:18:45 AM Pg 1 of 5 Trans ID: LCV20232024929
Daniel W. Ballard, Esq. (NJ Bar I.D. No. : 044232011)
MERLIN LAW GROUP, P.A.
125 Half Mile Road, Suite 110
Red Bank, New Jersey 07701
(T) 732-704-4647
(F) 732-704-4651
Attorney for Plaintiff
NICHOLAS KONIDES, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION – CAPE MAY COUNTY
Plaintiff
vs. DOCKET No.: CPM-L-
GREAT BAY INSURANCE COMPANY CIVIL ACTION
Defendant. COMPLAINT AND JURY DEMAND
Plaintiff, NICHOLAS KONIDES (“Plaintiff”), by and through his undersigned counsel,
by way of Complaint against the above-named Defendant, GREAT BAY INSURANCE
COMPANY (“GREAT BAY”) states as follows:
NATURE OF THE CASE
1. This is an action by the Plaintiff, homeowner, against his insurance carrier, GREAT BAY
INSURANCE COMPANY (“Defendant” or “GREAT BAY”), for benefits owed under
the insurance policy, which have not been paid, as a result of a homeowner insurance claim
for windstorm damage to his property.
2. Plaintiff purchased an “all risk” insurance policy from Great Bay, which covers all risks
of direct physical loss unless excluded under the policy.
3. Great Bay failed to fully pay the damages due and owing under the insurance policy in
breach of the terms of the underlying policy.
PARTIES
Merlin law
group, pa
4. Plaintiff is a resident of the State of New Jersey and the owner of the property located at
125 Half Mile Road
Suite 110
Red Bank, New Jersey, 07701
www.Merlinlawgroup.com
198 40th Street, Avalon, NJ 08202.
1
CPM-L-000270-23 07/07/2023 10:18:45 AM Pg 2 of 5 Trans ID: LCV20232024929
5. Defendant is an insurance company authorized to do business in the State of New Jersey
with its principal place of business in New Jersey.
JURISDICTION AND VENUE
6. Defendant is subject to the jurisdiction of this Court because it issued an insurance policy,
which was to be performed in the state of New Jersey, and the Defendant failed to pay full
benefits to the Plaintiff.
7. Subject-matter jurisdiction is proper in the Law Division pursuant to New Jersey Rules of
Civil Procedure Rule 4:3-1(a)(4).
8. Venue is properly laid in Cape May County pursuant to New Jersey Rules of Civil
Procedure Rule 4:3-2(b), because the subject property is located within Cape May County
and the Defendant voluntarily insured property located in Cape May County.
COUNT 1
(Breach of Contract)
9. Plaintiff, at all relevant times, has been the owner of certain real property located at 198
40th Street, Avalon, NJ 08202.
10. The aforementioned-property is a residential property.
11. Plaintiff purchased an insurance policy that was in effect from 07/21/2022 – 07/21/2023
(the “Policy”) from Great Bay which covered the property at issue in this matter.
12. All premiums on the Policy were paid, and the Policy was in full force and effect at all
relevant times herein.
13. The Policy includes insurance coverage for direct physical loss to Plaintiff’s property.
14. On or about March 4, 2023, a sudden and accidental windstorm loss caused significant
Merlin law damage to Plaintiff’s property.
group, pa
125 Half Mile Road
Suite 110
Red Bank, New Jersey, 07701
www.Merlinlawgroup.com
2
CPM-L-000270-23 07/07/2023 10:18:45 AM Pg 3 of 5 Trans ID: LCV20232024929
15. Plaintiff promptly submitted an insurance claim to Great Bay for the damage to the
property.
16. Great Bay assigned claim number CGB-2023-55 to the Plaintiff’s claim.
17. Great Bay sent an adjuster to evaluate the damage to the Plaintiff’s property associated
with the windstorm damage.
18. Great Bay, through its adjuster and/or other representatives, underpaid Plaintiff’s claim.
19. The Plaintiff has cooperated with Great Bay and has complied with all post-loss obligations
contained in the Policy.
20. Great Bay has failed and refused to provide full coverage and payment for Plaintiff’s loss
from the windstorm damage.
21. The Plaintiff suffered damage from a sudden and accidental windstorm loss which Great
Bay has failed to fully cover and pay.
22. Plaintiff has demanded payment pursuant to the terms of the Policy.
23. Great Bay has failed and refused to pay the full insurance proceeds due to the Plaintiff as
required under the Policy.
24. Great Bay’s failure to pay the full amount of insurance proceeds due and owing under the
Policy constitutes a breach of the express terms of the insurance contract.
25. As a direct result of Great Bay’s breach of the insurance contract, Plaintiff has suffered
and continues to suffer financial damages.
26. As a direct result of Great Bay’s breach of the insurance contract, Plaintiff has become
obligated for attorney’s fees and costs in connection with the prosecution of this action.
Merlin law
group, pa
125 Half Mile Road
Suite 110
Red Bank, New Jersey, 07701
www.Merlinlawgroup.com
3
CPM-L-000270-23 07/07/2023 10:18:45 AM Pg 4 of 5 Trans ID: LCV20232024929
WHEREFORE, Plaintiff, NICHOLAS KONIDES, demands judgment against GREAT
BAY INSURANCE COMPANY for:
(a) Compensatory damages;
(b) Consequential damages;
(c) Pre-judgment interest and post-judgment interest;
(d) Costs of suit; and
(e) For such other relief as the court may deem equitable and just.
CERTIFICATION PURSUANT TO R. 4:5-1
I hereby certify that the matter in controversy is not the subject of any other action pending
in any Court, is not the subject of a pending arbitration proceeding, and is not the subject of any
other contemplated action or arbitration proceeding.
CERTIFICATION PURSUANT TO 4:5-1(b)(3)
I hereby certify that confidential personal identifiers have been redacted from documents
now submitted to the Court, and will be redacted from all documents submitted in the future in
accordance with Rule 1;38-7(b).
JURY DEMAND
Plaintiff hereby demands trial by jury as to all issues in the above matter.
Merlin law
group, pa
125 Half Mile Road
Suite 110
Red Bank, New Jersey, 07701
www.Merlinlawgroup.com
4
CPM-L-000270-23 07/07/2023 10:18:45 AM Pg 5 of 5 Trans ID: LCV20232024929
DESIGNATION OF TRIAL ATTORNEY
In accordance with R. 4:25-4, Daniel W. Ballard, Esq., is hereby designated as trial counsel
for the Plaintiff in the above matter.
MERLIN LAW GROUP, P.A.
Date: July 7, 2023 /s/ Daniel W. Ballard
Daniel W. Ballard, Esq.
Attorney for Plaintiff
Merlin law
group, pa
125 Half Mile Road
Suite 110
Red Bank, New Jersey, 07701
www.Merlinlawgroup.com
5
CPM-L-000270-23 07/07/2023
CPM-L-000270-23 07/07/202310:18:45
10:18:45AM
AM Pg 1 of 1 Trans
TransID:
ID:LCV20232024929
LCV20232024929
Civil Case Information Statement
Case Details: CAPE MAY | Civil Part Docket# L-000270-23
Case Caption: KONIDES NICHOLAS VS GREAT BAY Case Type: CONTRACT/COMMERCIAL TRANSACTION
INSURANCE COMPANY Document Type: Complaint with Jury Demand
Case Initiation Date: 07/07/2023 Jury Demand: YES - 6 JURORS
Attorney Name: DANIEL W BALLARD JR Is this a professional malpractice case? NO
Firm Name: MERLIN LAW GROUP Related cases pending: NO
Address: 125 HALF MILE ROUTE STE 201 If yes, list docket numbers:
RED BANK NJ 07701 Do you anticipate adding any parties (arising out of same
Phone: 7327044647 transaction or occurrence)? NO
Name of Party: PLAINTIFF : Konides, Nicholas Does this case involve claims related to COVID-19? NO
Name of Defendant’s Primary Insurance Company
(if known): Unknown Are sexual abuse claims alleged by: Nicholas Konides? NO
THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE
CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION
Do parties have a current, past, or recurrent relationship? NO
If yes, is that relationship:
Does the statute governing this case provide for payment of fees by the losing party? NO
Use this space to alert the court to any special case characteristics that may warrant individual
management or accelerated disposition:
Do you or your client need any disability accommodations? NO
If yes, please identify the requested accommodation:
Will an interpreter be needed? NO
If yes, for what language:
Please check off each applicable category: Putative Class Action? NO Title 59? NO Consumer Fraud? NO
I certify that confidential personal identifiers have been redacted from documents now submitted to the
court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b)
07/07/2023 /s/ DANIEL W BALLARD JR
Dated Signed
Preview
CPM-L-000270-23 07/07/2023 10:18:45 AM Pg 1 of 5 Trans ID: LCV20232024929 Daniel W. Ballard, Esq. (NJ Bar I.D. No. : 044232011) MERLIN LAW GROUP, P.A. 125 Half Mile Road, Suite 110 Red Bank, New Jersey 07701 (T) 732-704-4647 (F) 732-704-4651 Attorney for Plaintiff NICHOLAS KONIDES, SUPERIOR COURT OF NEW JERSEY LAW DIVISION – CAPE MAY COUNTY Plaintiff vs. DOCKET No.: CPM-L- GREAT BAY INSURANCE COMPANY CIVIL ACTION Defendant. COMPLAINT AND JURY DEMAND Plaintiff, NICHOLAS KONIDES (“Plaintiff”), by and through his undersigned counsel, by way of Complaint against the above-named Defendant, GREAT BAY INSURANCE COMPANY (“GREAT BAY”) states as follows: NATURE OF THE CASE 1. This is an action by the Plaintiff, homeowner, against his insurance carrier, GREAT BAY INSURANCE COMPANY (“Defendant” or “GREAT BAY”), for benefits owed under the insurance policy, which have not been paid, as a result of a homeowner insurance claim for windstorm damage to his property. 2. Plaintiff purchased an “all risk” insurance policy from Great Bay, which covers all risks of direct physical loss unless excluded under the policy. 3. Great Bay failed to fully pay the damages due and owing under the insurance policy in breach of the terms of the underlying policy. PARTIES Merlin law group, pa 4. Plaintiff is a resident of the State of New Jersey and the owner of the property located at 125 Half Mile Road Suite 110 Red Bank, New Jersey, 07701 www.Merlinlawgroup.com 198 40th Street, Avalon, NJ 08202. 1 CPM-L-000270-23 07/07/2023 10:18:45 AM Pg 2 of 5 Trans ID: LCV20232024929 5. Defendant is an insurance company authorized to do business in the State of New Jersey with its principal place of business in New Jersey. JURISDICTION AND VENUE 6. Defendant is subject to the jurisdiction of this Court because it issued an insurance policy, which was to be performed in the state of New Jersey, and the Defendant failed to pay full benefits to the Plaintiff. 7. Subject-matter jurisdiction is proper in the Law Division pursuant to New Jersey Rules of Civil Procedure Rule 4:3-1(a)(4). 8. Venue is properly laid in Cape May County pursuant to New Jersey Rules of Civil Procedure Rule 4:3-2(b), because the subject property is located within Cape May County and the Defendant voluntarily insured property located in Cape May County. COUNT 1 (Breach of Contract) 9. Plaintiff, at all relevant times, has been the owner of certain real property located at 198 40th Street, Avalon, NJ 08202. 10. The aforementioned-property is a residential property. 11. Plaintiff purchased an insurance policy that was in effect from 07/21/2022 – 07/21/2023 (the “Policy”) from Great Bay which covered the property at issue in this matter. 12. All premiums on the Policy were paid, and the Policy was in full force and effect at all relevant times herein. 13. The Policy includes insurance coverage for direct physical loss to Plaintiff’s property. 14. On or about March 4, 2023, a sudden and accidental windstorm loss caused significant Merlin law damage to Plaintiff’s property. group, pa 125 Half Mile Road Suite 110 Red Bank, New Jersey, 07701 www.Merlinlawgroup.com 2 CPM-L-000270-23 07/07/2023 10:18:45 AM Pg 3 of 5 Trans ID: LCV20232024929 15. Plaintiff promptly submitted an insurance claim to Great Bay for the damage to the property. 16. Great Bay assigned claim number CGB-2023-55 to the Plaintiff’s claim. 17. Great Bay sent an adjuster to evaluate the damage to the Plaintiff’s property associated with the windstorm damage. 18. Great Bay, through its adjuster and/or other representatives, underpaid Plaintiff’s claim. 19. The Plaintiff has cooperated with Great Bay and has complied with all post-loss obligations contained in the Policy. 20. Great Bay has failed and refused to provide full coverage and payment for Plaintiff’s loss from the windstorm damage. 21. The Plaintiff suffered damage from a sudden and accidental windstorm loss which Great Bay has failed to fully cover and pay. 22. Plaintiff has demanded payment pursuant to the terms of the Policy. 23. Great Bay has failed and refused to pay the full insurance proceeds due to the Plaintiff as required under the Policy. 24. Great Bay’s failure to pay the full amount of insurance proceeds due and owing under the Policy constitutes a breach of the express terms of the insurance contract. 25. As a direct result of Great Bay’s breach of the insurance contract, Plaintiff has suffered and continues to suffer financial damages. 26. As a direct result of Great Bay’s breach of the insurance contract, Plaintiff has become obligated for attorney’s fees and costs in connection with the prosecution of this action. Merlin law group, pa 125 Half Mile Road Suite 110 Red Bank, New Jersey, 07701 www.Merlinlawgroup.com 3 CPM-L-000270-23 07/07/2023 10:18:45 AM Pg 4 of 5 Trans ID: LCV20232024929 WHEREFORE, Plaintiff, NICHOLAS KONIDES, demands judgment against GREAT BAY INSURANCE COMPANY for: (a) Compensatory damages; (b) Consequential damages; (c) Pre-judgment interest and post-judgment interest; (d) Costs of suit; and (e) For such other relief as the court may deem equitable and just. CERTIFICATION PURSUANT TO R. 4:5-1 I hereby certify that the matter in controversy is not the subject of any other action pending in any Court, is not the subject of a pending arbitration proceeding, and is not the subject of any other contemplated action or arbitration proceeding. CERTIFICATION PURSUANT TO 4:5-1(b)(3) I hereby certify that confidential personal identifiers have been redacted from documents now submitted to the Court, and will be redacted from all documents submitted in the future in accordance with Rule 1;38-7(b). JURY DEMAND Plaintiff hereby demands trial by jury as to all issues in the above matter. Merlin law group, pa 125 Half Mile Road Suite 110 Red Bank, New Jersey, 07701 www.Merlinlawgroup.com 4 CPM-L-000270-23 07/07/2023 10:18:45 AM Pg 5 of 5 Trans ID: LCV20232024929 DESIGNATION OF TRIAL ATTORNEY In accordance with R. 4:25-4, Daniel W. Ballard, Esq., is hereby designated as trial counsel for the Plaintiff in the above matter. MERLIN LAW GROUP, P.A. Date: July 7, 2023 /s/ Daniel W. Ballard Daniel W. Ballard, Esq. Attorney for Plaintiff Merlin law group, pa 125 Half Mile Road Suite 110 Red Bank, New Jersey, 07701 www.Merlinlawgroup.com 5 CPM-L-000270-23 07/07/2023 CPM-L-000270-23 07/07/202310:18:45 10:18:45AM AM Pg 1 of 1 Trans TransID: ID:LCV20232024929 LCV20232024929 Civil Case Information Statement Case Details: CAPE MAY | Civil Part Docket# L-000270-23 Case Caption: KONIDES NICHOLAS VS GREAT BAY Case Type: CONTRACT/COMMERCIAL TRANSACTION INSURANCE COMPANY Document Type: Complaint with Jury Demand Case Initiation Date: 07/07/2023 Jury Demand: YES - 6 JURORS Attorney Name: DANIEL W BALLARD JR Is this a professional malpractice case? NO Firm Name: MERLIN LAW GROUP Related cases pending: NO Address: 125 HALF MILE ROUTE STE 201 If yes, list docket numbers: RED BANK NJ 07701 Do you anticipate adding any parties (arising out of same Phone: 7327044647 transaction or occurrence)? NO Name of Party: PLAINTIFF : Konides, Nicholas Does this case involve claims related to COVID-19? NO Name of Defendant’s Primary Insurance Company (if known): Unknown Are sexual abuse claims alleged by: Nicholas Konides? NO THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION Do parties have a current, past, or recurrent relationship? NO If yes, is that relationship: Does the statute governing this case provide for payment of fees by the losing party? NO Use this space to alert the court to any special case characteristics that may warrant individual management or accelerated disposition: Do you or your client need any disability accommodations? NO If yes, please identify the requested accommodation: Will an interpreter be needed? NO If yes, for what language: Please check off each applicable category: Putative Class Action? NO Title 59? NO Consumer Fraud? NO I certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b) 07/07/2023 /s/ DANIEL W BALLARD JR Dated Signed