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Filing # 124307272 E-Filed 04/05/2021 12:22:59 PM
IN THE CIRCUIT COURT OF THE
THIRTEENTH JUDICIAL CIRCUIT IN AND
FOR HILLSBOROUGH COUNTY, FLORIDA
CASE NUMBER:
SAMER SAMHOURY AND CHRYSSA
SAMHOURY,
Plaintiffs,
v.
CENTAURI SPECIALTY INSURANCE
COMPANY,
Defendant.
_______________________________________/
COMPLAINT & DEMAND FOR JURY TRIAL
Plaintiffs Samer Samhoury and Chryssa Samhoury, by and through their undersigned
counsel hereby sue Defendant, Centauri Specialty Insurance Company and allege as follows:
1. This is an action for breach of contract with damages more than Thirty Thousand Dollars
($30,000.00), exclusive of interest, costs, and attorney’s fees.
2. At all times material hereto, Plaintiffs were and are Florida residents.
3. Defendant, is upon information and belief, a corporation duly authorized to conduct
business in the State of Florida, and which does issue policies of insurance in Hillsborough
County, Florida.
4. Jurisdiction and venue of this matter are proper in Circuit Court for Hillsborough County,
Florida.
5. At all times material hereto there was in full force and effect a homeowner’s property
insurance policy believe to be CHP5008780. A formal copy of the Plaintiffs’ Policy is not
currently in the possession of Plaintiffs, but is well known to Defendant, and has been requested
4/5/2021 12:22 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1
by Plaintiffs through a Request to Produce (which has been served upon Defendant
contemporaneously with this Complaint). See: Equity Premium, Inc. v. Twin City Fire Ins. Co.,
956 So.2d 1257 (Fla 4th DCA 2007); Amiker v. Mid-Century Ins. Co., 398 So.2d 974 (Fla 1st
DCA 1981); Parkway General Hospital, Inc. v. Allstate Ins. Co., 393 So.2d 1171 (Fla. 3rd DCA
1981) and Sasche v. Tampa Music Co., 262 So.2d 17( Fla. 2nd DCA 1972).
6. Under Policy’s terms, Defendant insured the Plaintiffs against certain losses to Plaintiffs’
home located in Hillsborough County at 5404 Reflections Blvd., Lutz, Florida, 33558 (the
“Property”).
7. On or about November 2, 2018, while the policy was in full force and effect, the Property
sustained damage that was covered under the Policy as a result of a wind storm.
8. Plaintiffs filed a claim with Defendant that was assigned Claim Number CL18205974.
COUNT I - BREACH OF CONTRACT AGAINST DEFENDANT
Plaintiffs Samer Samhoury and Chryssa Samhoury by and through the undersigned
attorney sue Defendant Centauri Specialty Insurance Company and allege as follows:
9. Plaintiffs re-allege paragraphs 1 through 8 above and incorporate the same by reference
herein.
10. Plaintiffs are the named insureds under the Policy which was in full force and effect all
times material to this Complaint.
11. All conditions precedent under the Policy for the recovery of benefits have been
performed, complied with, or otherwise waived.
12. Despite receiving Plaintiffs’ demand for payment, Defendant has failed or refused to
fully indemnify Plaintiffs from the amount of loss.
4/5/2021 12:22 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2
13. Defendant’s refusal to reimburse Plaintiffs adequately for damages and otherwise make
Plaintiffs whole constitutes a breach of contract.
14. Plaintiffs have been damaged because of Defendant’s breach; their damages include
insurance proceeds which have not been paid, interest, costs, and attorney’s fees.
15. Plaintiffs have been and remain fully prepared to comply with all of the Policy’s
obligations.
16. Defendant’s conduct has caused the Plaintiffs to retain the services of the undersigned
attorney to represent them in this action, and Plaintiffs are entitled to recover attorney’s fees and
costs under Sections 627.428, 626.9373, 57.041 and 57.104, Florida Statutes, for such services.
WHEREFORE, Plaintiffs Samer Samhoury and Chryssa Samhoury, by and through the
undersigned counsel, demand judgment against Defendant Centauri Specialty Insurance
Company, for all damages with interest, costs, attorney fees pursuant to Sections 627.428,
626.9373, 57.041, and 57.104, Florida Statutes, and for all other remedies the Court sees fit to
grant, and Plaintiff demand trial by jury.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this document will be served on
Defendant along with the Summons in this action.
Date: April 5, 2021
/s/Kevin E. Vorhis
COHEN LAW GROUP
Kevin E. Vorhis
Florida Bar Number: 0118482
FOR THE FIRM
350 North Lake Destiny Road
Maitland, Florida 32751
Phone: (407) 478-4878
Fax: (407) 478-0204
Primary: kvorhis@itsaboutjustice.law
Secondary: rachael@itsaboutjustice.law
4/5/2021 12:22 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3
Preview
Filing # 124307272 E-Filed 04/05/2021 12:22:59 PM IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA CASE NUMBER: SAMER SAMHOURY AND CHRYSSA SAMHOURY, Plaintiffs, v. CENTAURI SPECIALTY INSURANCE COMPANY, Defendant. _______________________________________/ COMPLAINT & DEMAND FOR JURY TRIAL Plaintiffs Samer Samhoury and Chryssa Samhoury, by and through their undersigned counsel hereby sue Defendant, Centauri Specialty Insurance Company and allege as follows: 1. This is an action for breach of contract with damages more than Thirty Thousand Dollars ($30,000.00), exclusive of interest, costs, and attorney’s fees. 2. At all times material hereto, Plaintiffs were and are Florida residents. 3. Defendant, is upon information and belief, a corporation duly authorized to conduct business in the State of Florida, and which does issue policies of insurance in Hillsborough County, Florida. 4. Jurisdiction and venue of this matter are proper in Circuit Court for Hillsborough County, Florida. 5. At all times material hereto there was in full force and effect a homeowner’s property insurance policy believe to be CHP5008780. A formal copy of the Plaintiffs’ Policy is not currently in the possession of Plaintiffs, but is well known to Defendant, and has been requested 4/5/2021 12:22 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1 by Plaintiffs through a Request to Produce (which has been served upon Defendant contemporaneously with this Complaint). See: Equity Premium, Inc. v. Twin City Fire Ins. Co., 956 So.2d 1257 (Fla 4th DCA 2007); Amiker v. Mid-Century Ins. Co., 398 So.2d 974 (Fla 1st DCA 1981); Parkway General Hospital, Inc. v. Allstate Ins. Co., 393 So.2d 1171 (Fla. 3rd DCA 1981) and Sasche v. Tampa Music Co., 262 So.2d 17( Fla. 2nd DCA 1972). 6. Under Policy’s terms, Defendant insured the Plaintiffs against certain losses to Plaintiffs’ home located in Hillsborough County at 5404 Reflections Blvd., Lutz, Florida, 33558 (the “Property”). 7. On or about November 2, 2018, while the policy was in full force and effect, the Property sustained damage that was covered under the Policy as a result of a wind storm. 8. Plaintiffs filed a claim with Defendant that was assigned Claim Number CL18205974. COUNT I - BREACH OF CONTRACT AGAINST DEFENDANT Plaintiffs Samer Samhoury and Chryssa Samhoury by and through the undersigned attorney sue Defendant Centauri Specialty Insurance Company and allege as follows: 9. Plaintiffs re-allege paragraphs 1 through 8 above and incorporate the same by reference herein. 10. Plaintiffs are the named insureds under the Policy which was in full force and effect all times material to this Complaint. 11. All conditions precedent under the Policy for the recovery of benefits have been performed, complied with, or otherwise waived. 12. Despite receiving Plaintiffs’ demand for payment, Defendant has failed or refused to fully indemnify Plaintiffs from the amount of loss. 4/5/2021 12:22 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2 13. Defendant’s refusal to reimburse Plaintiffs adequately for damages and otherwise make Plaintiffs whole constitutes a breach of contract. 14. Plaintiffs have been damaged because of Defendant’s breach; their damages include insurance proceeds which have not been paid, interest, costs, and attorney’s fees. 15. Plaintiffs have been and remain fully prepared to comply with all of the Policy’s obligations. 16. Defendant’s conduct has caused the Plaintiffs to retain the services of the undersigned attorney to represent them in this action, and Plaintiffs are entitled to recover attorney’s fees and costs under Sections 627.428, 626.9373, 57.041 and 57.104, Florida Statutes, for such services. WHEREFORE, Plaintiffs Samer Samhoury and Chryssa Samhoury, by and through the undersigned counsel, demand judgment against Defendant Centauri Specialty Insurance Company, for all damages with interest, costs, attorney fees pursuant to Sections 627.428, 626.9373, 57.041, and 57.104, Florida Statutes, and for all other remedies the Court sees fit to grant, and Plaintiff demand trial by jury. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this document will be served on Defendant along with the Summons in this action. Date: April 5, 2021 /s/Kevin E. Vorhis COHEN LAW GROUP Kevin E. Vorhis Florida Bar Number: 0118482 FOR THE FIRM 350 North Lake Destiny Road Maitland, Florida 32751 Phone: (407) 478-4878 Fax: (407) 478-0204 Primary: kvorhis@itsaboutjustice.law Secondary: rachael@itsaboutjustice.law 4/5/2021 12:22 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3