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Filing# 167497647 E-Filed 02/24/2023 12:49:24 PM
IN THE CIRCUIT COURT OF THE
17th JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
IRMA QURESHI, an individual, and GENERAL JURISDICTION DIVISION
GEORGE GUERRERO, an individual,
CASE NO- CACE 2021-007238 (08)
Plaintiffs,
V
UNIVRESAL PROPERTY & CASUALTY
INSURANCE COMPANY, a Florida
corporation,
Defendant.
i
IRMA QURESHI AND GEORGE GUERRERO'S MOTION FOR ENTRY OF
FINAL JUDGMENT AND ENTITLEMENT TO ATTORNEYS' FEES AND COSTS
Irma Qureshi and George Guerrero ("Plaintiffs")
request that this Court enter Final
Judgment in their favor followingthe February 22,2023, Jury Verdict in their favor. In support,
Plaintiffs state as follows:
1. On April 9, 2021, Plaintiffs sued Universal Property & Casualty Insurance
Company ("Defendant")for breach of contract, which Defendant denied, and in turn, Defendant
asserted multiple affirmative defenses.
2. After a four-dayjury trial on February 14, 202 and February 20, 2023 through
February 22,2023, before the Honorable David A. Haimes, the jury returned a verdict in Plaintiffs'
favor findingthat Defendant breached the contract at issue and awarding Plaintiffs damages. A
copy o f the Verdict in favor o f Plaintiffs is attached as Exhibit vr.
3 Consequently, Plaintiffs are entitled to the entry of Final Judgment in their favor (a
proposed Final Judgment is attached as Exhibit "B").
4. Further,Plaintiffs move this Court to grant them entitlement to their attorneys'fees
RUIZ I GETMAN LAW, PLLC
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 02/24/2023 12:49:24 PM.****
CASE NO.: CACE 2021-007238 (08)
and costs pursuant to Section 627.428, Florida Statutes,and determine the amount at a later date.
WHEREFORE, Irma Qureshi and George Guerrero request entry of a final judgment in
their favor againstDefendant in the manner proposed in Exhibit B, plus all other relief this Court
deems proper.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that on this 24th day of February 2023, a true and correct copy
of this document is being served on Ryan J. Galka, Esq. at:
UPCICeservice03@universalproperty.com; RG0714@universalproperty.com and
BB 1008@universalproperty.comfrom Universal Property & Casualty Insurance Company, P.O.
Box 9388 Fort Lauderdale, Florida 33309.
Respectfullysubmitted,
STEVEN J. GETMAN
lsl
Amy E. Ruiz, FBN: 99129
ARuiz@RuizGetmanLaw.com
Steven J. Getman, FBN: 67198
SGetman@RuizGetmanLaw.com
Ruiz 1Getman Law, PLLC
6800 SW 40th Street,#394
Miami, Florida 33155
Telephone:786.881.2261
Facsimile: 305.397.2760
Irma Qureshi
Attorneysfor Plaintiffs, & George
Guerrero
-2-
RUIZ I GETMAN LAW, PLLC
'
Exhibit
INTHE CIRCUIT COURT OF THE
JUDICIAL CIRCUIT IN AND FOR
17th
BROWARD COUNTY, FLORIDA
IRMA QURESHI, an individual, and GENERAL JURISDICTION DIVISION
GEORGE GUERRERO, an individual,
CASE NO.: CACE 2021-007238 (08)
Plaintiffs,
V.
UNIVERSAL PROPERTY & CASUALTY
INSURANCE COMPANY, a Florida
corporation,
Defendant.
VERDICT
We, the jury,return the followingverdict:
1. Did the Plaintiffs prove by the greater weight of the evidence that the property incurred
a direct physical loss within the policy period June 5,2020 to June 5,2021?
Yes V No
2. Did the Plaintiffs prove by the greater weight of the evidence that the property incurred
a direct physicalloss due to constant or repeatedseepage or leakageof water or steam or
the presence or condensation of humidity,moisture or vapor, over a period of weeks,
months or years, and that such a seepage or leakageof water or steam or the presence or
damage is unknown to all
eondensation of humidity,moisture or vapor, and the resulting
insureds and is hidden within the walls or ceilingsor beneath the floors or above the
of a structure?
ceilings
Yes No
If your answer to Questions 1 or 2 is "Yes", please proceed to answer Question No.
3. If you answer "No" to both Questions 1 and 2, your verdict is for Universal
Property & Casualty Insurance Company. Please skip Questions 3 and 4, sign and
date the Verdict Form and return it to the Bailiff.
1
3. Did Universal Property and Casualty Insurance Company prove by the greater weight of
comply with all of their post-loss
the evidence that the Plaintiffs failed to substantially
obligationconditions in the insurance policy(providingrequesteddocuments, timely
providinga valid sworn proof of loss,showing the damaged property and cause of loss,
if reasonablypossible) comply caused prejudiceto
and that such failure to substantially
Universal Property & Casualty Insurance Company?
Yes No 1
Al "
Ifyour answer is 'No'',please proceed to answer Question No. 4. If your answer is
"Yes", then your verdict is for Universal Property & Casualty Insurance Company.
Please skip Question No. 4, sign and date the Verdict Form and return it to the
Bailiff.
4. What is the total amount of damages excludingmold (fungi, wet or dry rot, or bacteria)
that the Plaintiffs are entitled to recover from Universal Property & CasualtyInsurance
Company under the subjectpolicy?
Please sign and date the Verdiqt Form(and\indicate to the Bailiff that you have
reached a verdict.
1+
Jur-y
/repersoy/
-
Dated this ,<);7- day of February2023.
JUDGEDAVID 22
2023
FEB
COPY
A TRUE
2
Exhibit "B"
IN THE CIRCUIT COURT OF THE
17th JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
IRMA QURESHI, an individual, and GENERAL JURISDICTION DIVISION
GEORGE GUERRERO, an individual,
CASE NO- CACE 2021-007238 (08)
Plaintiffs,
V
UNIVRESAL PROPERTY & CASUALTY
INSURANCE COMPANY, a Florida
corporation,
Defendant.
i
FINAL JUDGMENT FOR IRMA OURESHI AND GEORGE GUERRERO
THIS MATTER came before the Court for a 4-day jury trial on February 14, 2023 and
February 20,2023 throughFebruary 22,2023. The issues were duly tried before the jury and the jury
returned a verdict,a true and correct copy ofwhich is attached as Exhibit "1." The Verdict is in Irma
Qureshi and George Guerrero's favor and againstUniversal Property & CasualtyInsurance Company
findingthat Universal Property & CasualtyInsurance Company breached the contract at issue and
awarding damages to Irma Qureshi and George Guerrero.
IT IS ORDERED AND ADJUDGED that Universal Property & Casualty Insurance
Company, 1110 West Commercial Boulevard, Fort Lauderdale, Florida 33309, pay Irma Qureshi
and George Guerrero, 9323 Savannah Estates Drive, Lake Worth, Florida 33467, the principalsum
of Fifty-Seven Thousand Eight Hundred Thirty-Six Dollars and Eighty-Three Cents
($57,836.83).
The Court further finds that Irma Qureshi and George Guerrero are the prevailingparties
and, pursuant to Section 627.428, Florida Statutes, are entitled to recover their reasonable
CASE NO.: CACE 2021-007238 (08)
attorneys'fees from Universal Property & CasualtyInsurance Company. Irma Qureshi and George
Guerrero are also entitled to recover their taxable costs pursuant to Section 57.041, Florida
Statutes.
The Court reserves jurisdiction
to determine the amount ofprejudgment interest,
attorneys'
fees and costs to be awarded to Irma Qureshi and George Guerrero, which will be determined at a
later date in accordance with Florida Rule of Civil Procedure 1.525.
DONE AND ORDERED in chambers in Broward County, Florida, this day or
2023.
HONORABLE DAVID A. HAIMES
CIRCUIT COURT JUDGE
Copies Furnished to:
All counsel of record
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Filing# 167497647 E-Filed 02/24/2023 12:49:24 PM IN THE CIRCUIT COURT OF THE 17th JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA IRMA QURESHI, an individual, and GENERAL JURISDICTION DIVISION GEORGE GUERRERO, an individual, CASE NO- CACE 2021-007238 (08) Plaintiffs, V UNIVRESAL PROPERTY & CASUALTY INSURANCE COMPANY, a Florida corporation, Defendant. i IRMA QURESHI AND GEORGE GUERRERO'S MOTION FOR ENTRY OF FINAL JUDGMENT AND ENTITLEMENT TO ATTORNEYS' FEES AND COSTS Irma Qureshi and George Guerrero ("Plaintiffs") request that this Court enter Final Judgment in their favor followingthe February 22,2023, Jury Verdict in their favor. In support, Plaintiffs state as follows: 1. On April 9, 2021, Plaintiffs sued Universal Property & Casualty Insurance Company ("Defendant")for breach of contract, which Defendant denied, and in turn, Defendant asserted multiple affirmative defenses. 2. After a four-dayjury trial on February 14, 202 and February 20, 2023 through February 22,2023, before the Honorable David A. Haimes, the jury returned a verdict in Plaintiffs' favor findingthat Defendant breached the contract at issue and awarding Plaintiffs damages. A copy o f the Verdict in favor o f Plaintiffs is attached as Exhibit vr. 3 Consequently, Plaintiffs are entitled to the entry of Final Judgment in their favor (a proposed Final Judgment is attached as Exhibit "B"). 4. Further,Plaintiffs move this Court to grant them entitlement to their attorneys'fees RUIZ I GETMAN LAW, PLLC *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 02/24/2023 12:49:24 PM.**** CASE NO.: CACE 2021-007238 (08) and costs pursuant to Section 627.428, Florida Statutes,and determine the amount at a later date. WHEREFORE, Irma Qureshi and George Guerrero request entry of a final judgment in their favor againstDefendant in the manner proposed in Exhibit B, plus all other relief this Court deems proper. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that on this 24th day of February 2023, a true and correct copy of this document is being served on Ryan J. Galka, Esq. at: UPCICeservice03@universalproperty.com; RG0714@universalproperty.com and BB 1008@universalproperty.comfrom Universal Property & Casualty Insurance Company, P.O. Box 9388 Fort Lauderdale, Florida 33309. Respectfullysubmitted, STEVEN J. GETMAN lsl Amy E. Ruiz, FBN: 99129 ARuiz@RuizGetmanLaw.com Steven J. Getman, FBN: 67198 SGetman@RuizGetmanLaw.com Ruiz 1Getman Law, PLLC 6800 SW 40th Street,#394 Miami, Florida 33155 Telephone:786.881.2261 Facsimile: 305.397.2760 Irma Qureshi Attorneysfor Plaintiffs, & George Guerrero -2- RUIZ I GETMAN LAW, PLLC ' Exhibit INTHE CIRCUIT COURT OF THE JUDICIAL CIRCUIT IN AND FOR 17th BROWARD COUNTY, FLORIDA IRMA QURESHI, an individual, and GENERAL JURISDICTION DIVISION GEORGE GUERRERO, an individual, CASE NO.: CACE 2021-007238 (08) Plaintiffs, V. UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, a Florida corporation, Defendant. VERDICT We, the jury,return the followingverdict: 1. Did the Plaintiffs prove by the greater weight of the evidence that the property incurred a direct physical loss within the policy period June 5,2020 to June 5,2021? Yes V No 2. Did the Plaintiffs prove by the greater weight of the evidence that the property incurred a direct physicalloss due to constant or repeatedseepage or leakageof water or steam or the presence or condensation of humidity,moisture or vapor, over a period of weeks, months or years, and that such a seepage or leakageof water or steam or the presence or damage is unknown to all eondensation of humidity,moisture or vapor, and the resulting insureds and is hidden within the walls or ceilingsor beneath the floors or above the of a structure? ceilings Yes No If your answer to Questions 1 or 2 is "Yes", please proceed to answer Question No. 3. If you answer "No" to both Questions 1 and 2, your verdict is for Universal Property & Casualty Insurance Company. Please skip Questions 3 and 4, sign and date the Verdict Form and return it to the Bailiff. 1 3. Did Universal Property and Casualty Insurance Company prove by the greater weight of comply with all of their post-loss the evidence that the Plaintiffs failed to substantially obligationconditions in the insurance policy(providingrequesteddocuments, timely providinga valid sworn proof of loss,showing the damaged property and cause of loss, if reasonablypossible) comply caused prejudiceto and that such failure to substantially Universal Property & Casualty Insurance Company? Yes No 1 Al " Ifyour answer is 'No'',please proceed to answer Question No. 4. If your answer is "Yes", then your verdict is for Universal Property & Casualty Insurance Company. Please skip Question No. 4, sign and date the Verdict Form and return it to the Bailiff. 4. What is the total amount of damages excludingmold (fungi, wet or dry rot, or bacteria) that the Plaintiffs are entitled to recover from Universal Property & CasualtyInsurance Company under the subjectpolicy? Please sign and date the Verdiqt Form(and\indicate to the Bailiff that you have reached a verdict. 1+ Jur-y /repersoy/ - Dated this ,<);7- day of February2023. JUDGEDAVID 22 2023 FEB COPY A TRUE 2 Exhibit "B" IN THE CIRCUIT COURT OF THE 17th JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA IRMA QURESHI, an individual, and GENERAL JURISDICTION DIVISION GEORGE GUERRERO, an individual, CASE NO- CACE 2021-007238 (08) Plaintiffs, V UNIVRESAL PROPERTY & CASUALTY INSURANCE COMPANY, a Florida corporation, Defendant. i FINAL JUDGMENT FOR IRMA OURESHI AND GEORGE GUERRERO THIS MATTER came before the Court for a 4-day jury trial on February 14, 2023 and February 20,2023 throughFebruary 22,2023. The issues were duly tried before the jury and the jury returned a verdict,a true and correct copy ofwhich is attached as Exhibit "1." The Verdict is in Irma Qureshi and George Guerrero's favor and againstUniversal Property & CasualtyInsurance Company findingthat Universal Property & CasualtyInsurance Company breached the contract at issue and awarding damages to Irma Qureshi and George Guerrero. IT IS ORDERED AND ADJUDGED that Universal Property & Casualty Insurance Company, 1110 West Commercial Boulevard, Fort Lauderdale, Florida 33309, pay Irma Qureshi and George Guerrero, 9323 Savannah Estates Drive, Lake Worth, Florida 33467, the principalsum of Fifty-Seven Thousand Eight Hundred Thirty-Six Dollars and Eighty-Three Cents ($57,836.83). The Court further finds that Irma Qureshi and George Guerrero are the prevailingparties and, pursuant to Section 627.428, Florida Statutes, are entitled to recover their reasonable CASE NO.: CACE 2021-007238 (08) attorneys'fees from Universal Property & CasualtyInsurance Company. Irma Qureshi and George Guerrero are also entitled to recover their taxable costs pursuant to Section 57.041, Florida Statutes. The Court reserves jurisdiction to determine the amount ofprejudgment interest, attorneys' fees and costs to be awarded to Irma Qureshi and George Guerrero, which will be determined at a later date in accordance with Florida Rule of Civil Procedure 1.525. DONE AND ORDERED in chambers in Broward County, Florida, this day or 2023. HONORABLE DAVID A. HAIMES CIRCUIT COURT JUDGE Copies Furnished to: All counsel of record