On April 17, 2020 a
Complaint,Petition
was filed
involving a dispute between
Davis Anthony Jr,
and
Security First Florida,
Security First Insurance Company,
for CONTRACT & INDEBTEDNESS
in the District Court of Brevard County.
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Filing # 106408909 E-Filed 04/17/2020 04:39:46 PM
IN THE CIRCUIT COURT OF THE
EIGHTEENTH JUDICIAL CIRCUIT IN
AND FOR BREVARD COUNTY, FL
CASE NO.
ANTHONY DAVIS JR.,
Plaintiff,
Vv
SECURITY FIRST INSURANCE COMPANY
DBA SECURITY FIRST FLORIDA,
Defendant.
/
COMPLAINT
Plaintiff, ANTHONY DAVIS JR., sues the Defendant, SECURITY FIRST INSURANCE
COMPANY DBA SECURITY FIRST FLORIDA, and alleges as follows:
1. This is an action for damages in excess of Thirty Thousand Dollars
($30,000.00), exclusive of prejudgment interest, attorney's fees, and costs.
2. Atall material times, Defendant was a corporation, duly authorized and licensed
to transact insurance business in the State of Florida. Defendant regularly conducted
business, had offices, and/or maintained agents for the transaction of its customary
business in Brevard County, Florida.
3. Plaintiff resides in Brevard County, Florida, and is otherwise sui juris.
4. Plaintiff's dwelling, located at 4835 Key Biscayne Drive, Titusville, FL 32780
(hereafter “the Property”), sustained covered losses due to water.
5. Plaintiff notified Defendant of the damages.
6. Defendant assigned claim number 183125 to the loss.
7. Defendant assigned a date of loss of September 9, 2019.
Filing 106408909 VS 05-2020-CA-024628-XXXX-XX
8. Defendant insured Plaintiff's dwelling, pursuant to policy number P004111407
(hereafter “the Policy”).
9. The Policy, including the coverages to protect Plaintiff against the above loss,
was in full force and effect as to Plaintiff when Plaintiffs property was damaged. Plaintiffis
unsure whether Plaintiff has a complete copy of the Policy; however, a complete copy of
the Policy has been requested from Defendant and will be produced during discovery.
10. Plaintiff complied with all conditions precedent to entitle Plaintiff to recover under
the Policy, or Defendant waived compliance with such conditions.
11. On January 30, 2020, Plaintiff submitted to Defendant an estimate from a
contractor ready to perform repairs to Plaintiff's home related to the covered losses.
Defendant failed or refused to pay the appropriate amount for the repairs.
12. Defendant has failed to provide coverage for certain of Plaintiff's losses.
13. As a result, Defendant has failed to pay for all of Plaintiff's losses.
14. Defendant's failure to pay for all of Plaintiff's losses is a material breach of
contract.
15. As a result of Defendant's material breach of contract, it has become necessary
for Plaintiff to retain the services of the undersigned attorney.
WHEREFORE, Plaintiff demands judgment against Defendant for all losses with
interest on any overdue payments, plus attorney's fees and costs, pursuant to sections
627.428, 57.041, and 92.231, Florida Statutes, and demands a trial by jury.
Dated this 17 day of April, 2020.
Filing 106408909 VS 05-2020-CA-024628-XXXX-XX
bes
A TION LAW FIRM, LLP
o rp
CorefB. Justus, Esquire
Florida Bar No. 113864
570 Crown Oak Centre Drive
Longwood, FL 32750
Telephone: (407) 339-1104
Facsimile: (407) 339-1118
Primary Email: lobrien@nationlaw.com
Secondary Email: cjustus@nationlaw.com
Attorneys for Plaintiff
Filing 106408909 VS 05-2020-CA-024628-XXXX-XX
Document Filed Date
April 17, 2020
Case Filing Date
April 17, 2020
Category
CONTRACT & INDEBTEDNESS
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Filing # 106408909 E-Filed 04/17/2020 04:39:46 PM IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FL CASE NO. ANTHONY DAVIS JR., Plaintiff, Vv SECURITY FIRST INSURANCE COMPANY DBA SECURITY FIRST FLORIDA, Defendant. / COMPLAINT Plaintiff, ANTHONY DAVIS JR., sues the Defendant, SECURITY FIRST INSURANCE COMPANY DBA SECURITY FIRST FLORIDA, and alleges as follows: 1. This is an action for damages in excess of Thirty Thousand Dollars ($30,000.00), exclusive of prejudgment interest, attorney's fees, and costs. 2. Atall material times, Defendant was a corporation, duly authorized and licensed to transact insurance business in the State of Florida. Defendant regularly conducted business, had offices, and/or maintained agents for the transaction of its customary business in Brevard County, Florida. 3. Plaintiff resides in Brevard County, Florida, and is otherwise sui juris. 4. Plaintiff's dwelling, located at 4835 Key Biscayne Drive, Titusville, FL 32780 (hereafter “the Property”), sustained covered losses due to water. 5. Plaintiff notified Defendant of the damages. 6. Defendant assigned claim number 183125 to the loss. 7. Defendant assigned a date of loss of September 9, 2019. Filing 106408909 VS 05-2020-CA-024628-XXXX-XX 8. Defendant insured Plaintiff's dwelling, pursuant to policy number P004111407 (hereafter “the Policy”). 9. The Policy, including the coverages to protect Plaintiff against the above loss, was in full force and effect as to Plaintiff when Plaintiffs property was damaged. Plaintiffis unsure whether Plaintiff has a complete copy of the Policy; however, a complete copy of the Policy has been requested from Defendant and will be produced during discovery. 10. Plaintiff complied with all conditions precedent to entitle Plaintiff to recover under the Policy, or Defendant waived compliance with such conditions. 11. On January 30, 2020, Plaintiff submitted to Defendant an estimate from a contractor ready to perform repairs to Plaintiff's home related to the covered losses. Defendant failed or refused to pay the appropriate amount for the repairs. 12. Defendant has failed to provide coverage for certain of Plaintiff's losses. 13. As a result, Defendant has failed to pay for all of Plaintiff's losses. 14. Defendant's failure to pay for all of Plaintiff's losses is a material breach of contract. 15. As a result of Defendant's material breach of contract, it has become necessary for Plaintiff to retain the services of the undersigned attorney. WHEREFORE, Plaintiff demands judgment against Defendant for all losses with interest on any overdue payments, plus attorney's fees and costs, pursuant to sections 627.428, 57.041, and 92.231, Florida Statutes, and demands a trial by jury. Dated this 17 day of April, 2020. Filing 106408909 VS 05-2020-CA-024628-XXXX-XX bes A TION LAW FIRM, LLP o rp CorefB. Justus, Esquire Florida Bar No. 113864 570 Crown Oak Centre Drive Longwood, FL 32750 Telephone: (407) 339-1104 Facsimile: (407) 339-1118 Primary Email: lobrien@nationlaw.com Secondary Email: cjustus@nationlaw.com Attorneys for Plaintiff Filing 106408909 VS 05-2020-CA-024628-XXXX-XX