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Filing # 182292928 E-Filed 09/21/2023 05:29:39 AM
IN THE CIRCUIT COURT OF THE 14™
JUDICIAL CIRCUIT IN AND FOR
JACKSON COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO.:
JUANITA LESLIE,
Plaintiff,
VS.
UNITED CASUALTY INSURANCE
COMPANY OF AMERICA,
Defendant,
/
COMPLAINT FOR DAMAGES
COMES NOW the Plaintiff, JUANITA LESLIE, (hereinafter referred to as the
“Plaintiff’) by and through her undersigned counsel and files her complaint for damages against
the Defendant, UNITED CASUALTY INSURANCE COMPANY OF AMERICA (hereinafter
referred to as “Defendant”) and states the following:
PARTIES, JURISDICTION & VENUE
1 This is an action for damages that exceeds Fifty Thousand Dollars ($50,000),
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 Jackson County, Florida.
3 Venue is Proper in Jackson County, Florida because the contract, which forms the
subject matter of this lawsuit, was executed in Jackson County, Florida, the subject property is
Electronically File Jackson Case# 23000221CAAXMX 09/21/2023 04:29:39 AM
located in Jackson County, Florida and Defendant has engaged in substantial and not isolated
activity within Jackson County, Florida pursuant to Fla. Stat. §48.193 (2).
4 All conditions precedent to the filing of this lawsuit have occurred, have been
waived, or have been performed.
GENERAL ALLEGATIONS
5 At all times material hereto, in consideration of a premium paid by Plaintiff, there
were in full force and effect a certain homeowners insurance policy issued by Defendant with a
policy number of 6018008114 (hereinafter referred to as “Policy”).
6 Plaintiff is 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, Plaintiff 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 Plaintiff property against certain losses. The damaged property is located
at 4480 Marion Street, Marianna, Jackson County, FL 32448 (hereinafter referred to as
“Property”).
8 On or about October 10, 2018, while the Policy was in full force and effect, the
Property sustained damages due to Hurricane Michael (hereinafter referred to as “Loss”) a
covered peril under the policy. The high winds and rain produced by Hurricane Michael
damaged the roof causing water leaks throughout the home. The damage includes but is not
limited to the roof, hallway, bedroom closet, utility room, master bedroom, exterior, and general
items..
9 Shortly thereafter Plaintiff reported the Loss to the Defendant.
10. Accordingly, Defendant assigned claim number 6018008114 and inspected the
Property.
11. Subsequently, Defendant failed to adequately indemnify Plaintiff 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 Plaintiff for her losses stemming from
the Loss.
14. Plaintiff has suffered and continues to suffer damages resulting from Defendant’s
breach of the Policy.
15. Plaintiff was 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.
COUNTI
BREACH OF CONTRACT
Plaintiff reincorporates paragraphs 1 through 15 as if fully set forth herein.
16. It is undisputed that Plaintiff and Defendant entered into a written contract, the
Policy, wherein Plaintiff agreed to pay a premium in exchange Defendant agreed to insure the
Property.
17. Plaintiff has paid all premiums due and owing as contemplated by the Policy,
thus, fully performing her obligation under the Policy.
18. Further, at all times material hereto, Plaintiff has 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 her possession and control; and (iii) making the property available
for inspection.
19. Defendant has failed to properly indemnify Plaintiff for her losses stemming from
the covered peril.
20. As a result of the foregoing, Defendant has breached the Policy.
21. As a direct and proximate result of Defendant’s breach of the Policy, Plaintiff has
sustained damages.
WHEREFORE, the Plaintiff, JUANITA LESLIE, hereby demand judgment against the
Defendant, UNITED CASUALTY INSURANCE COMPANY OF AMERICA, 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 Plaintiff demands a trial by jury of all issues so triable.
Dated this 21‘ day of September 2023.
M.S.P.G. LAW GROUP, PA
Attorney for the Plaintiff
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@mspglawgroup.com
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Filing # 182292928 E-Filed 09/21/2023 05:29:39 AM IN THE CIRCUIT COURT OF THE 14™ JUDICIAL CIRCUIT IN AND FOR JACKSON COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO.: JUANITA LESLIE, Plaintiff, VS. UNITED CASUALTY INSURANCE COMPANY OF AMERICA, Defendant, / COMPLAINT FOR DAMAGES COMES NOW the Plaintiff, JUANITA LESLIE, (hereinafter referred to as the “Plaintiff’) by and through her undersigned counsel and files her complaint for damages against the Defendant, UNITED CASUALTY INSURANCE COMPANY OF AMERICA (hereinafter referred to as “Defendant”) and states the following: PARTIES, JURISDICTION & VENUE 1 This is an action for damages that exceeds Fifty Thousand Dollars ($50,000), 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 Jackson County, Florida. 3 Venue is Proper in Jackson County, Florida because the contract, which forms the subject matter of this lawsuit, was executed in Jackson County, Florida, the subject property is Electronically File Jackson Case# 23000221CAAXMX 09/21/2023 04:29:39 AM located in Jackson County, Florida and Defendant has engaged in substantial and not isolated activity within Jackson County, Florida pursuant to Fla. Stat. §48.193 (2). 4 All conditions precedent to the filing of this lawsuit have occurred, have been waived, or have been performed. GENERAL ALLEGATIONS 5 At all times material hereto, in consideration of a premium paid by Plaintiff, there were in full force and effect a certain homeowners insurance policy issued by Defendant with a policy number of 6018008114 (hereinafter referred to as “Policy”). 6 Plaintiff is 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, Plaintiff 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 Plaintiff property against certain losses. The damaged property is located at 4480 Marion Street, Marianna, Jackson County, FL 32448 (hereinafter referred to as “Property”). 8 On or about October 10, 2018, while the Policy was in full force and effect, the Property sustained damages due to Hurricane Michael (hereinafter referred to as “Loss”) a covered peril under the policy. The high winds and rain produced by Hurricane Michael damaged the roof causing water leaks throughout the home. The damage includes but is not limited to the roof, hallway, bedroom closet, utility room, master bedroom, exterior, and general items.. 9 Shortly thereafter Plaintiff reported the Loss to the Defendant. 10. Accordingly, Defendant assigned claim number 6018008114 and inspected the Property. 11. Subsequently, Defendant failed to adequately indemnify Plaintiff 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 Plaintiff for her losses stemming from the Loss. 14. Plaintiff has suffered and continues to suffer damages resulting from Defendant’s breach of the Policy. 15. Plaintiff was 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. COUNTI BREACH OF CONTRACT Plaintiff reincorporates paragraphs 1 through 15 as if fully set forth herein. 16. It is undisputed that Plaintiff and Defendant entered into a written contract, the Policy, wherein Plaintiff agreed to pay a premium in exchange Defendant agreed to insure the Property. 17. Plaintiff has paid all premiums due and owing as contemplated by the Policy, thus, fully performing her obligation under the Policy. 18. Further, at all times material hereto, Plaintiff has 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 her possession and control; and (iii) making the property available for inspection. 19. Defendant has failed to properly indemnify Plaintiff for her losses stemming from the covered peril. 20. As a result of the foregoing, Defendant has breached the Policy. 21. As a direct and proximate result of Defendant’s breach of the Policy, Plaintiff has sustained damages. WHEREFORE, the Plaintiff, JUANITA LESLIE, hereby demand judgment against the Defendant, UNITED CASUALTY INSURANCE COMPANY OF AMERICA, 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 Plaintiff demands a trial by jury of all issues so triable. Dated this 21‘ day of September 2023. M.S.P.G. LAW GROUP, PA Attorney for the Plaintiff 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@mspglawgroup.com