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Filing # 185644640 E-Filed 11/07/2023 02:00:43 PM
IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT
IN AND FOR HIGHLANDS COUNTY, FLORIDA
CIVIL DIVISION
RICHARD ROOKS, FOR THE
ESTATE OF BEVERLY ANN ROOKS
Plaintiff, CASE NO.:
VS.
UNIVERSAL PROPERTY & CASUALTY
INSURANCE COMPANY
Defendant.
/
COMPL.
RICHARD ROOKS, FOR THE ESTATE OF BEVERLY ANN ROOKS, (hereinafter
referred to as “Plaintiff’), by and through their undersigned counsel, hereby sue the Defendant,
and as grounds therefore state as follows:
GENERAL ALLEGATIONS
1 This is an action for damages in excess of fifty thousand dollars ($50,000) exclusive
of interest, attorneys’ fees, and costs.
2 At all times material hereto, Plaintiff owned property located at 906 Gwendolynn
Street, Avon Park, Highlands County, FL 33825 (hereinafter referred to as the “Insured Property”).
3 At all times material hereto, Defendant was and is a domestic corporation in the
State of Florida and engages in the business of providing property insurance coverage to residents
of Florida in exchange for the payment of a premium.
4 In consideration of the premium paid to it by Plaintiff, Defendant issued to Plaintiff
an insurance policy, Policy No. 1504-2001-0887 (hereinafter referred to as the “Policy’”), which
Electronically Filed Highlands Case # 23000696GCAXMX 11/07/2023 02:00:43 PM
was in full force and effect at the same time damage occurred to the Insured Property. A copy of
the Policy is in Defendant’s possession and will be subsequently filed.
5 Plaintiff timely notified Defendant of the damage.
6. Defendant assigned claim number FL22-0141431-A322 to the reported loss.
7
Defendant inspected the Insured Property and observed damage to Plaintiff's
property.
8 Defendant observed damage to Plaintiffs property during a policy period in which
Defendant insured Plaintiff's property.
9. Under the terms of the Policy, Defendant is obligated to pay insurance benefits for
covered losses to Plaintiff.
10. The damage to Plaintiff’s Insured Property is caused by a covered peril under the
Policy.
11. All conditions precedent to obtaining payment of said benefits under the Policy
from Defendant have been complied with, met, or waived.
BREACH OF CONTRACT
12. Plaintiff re-alleges paragraphs 1 through 11 as if fully set forth herein.
13. Defendant has breached the Policy by underpaying and/or undervaluing the claim.
14. Plaintiff has made an application for insurance benefits under the Policy, but
Defendant has failed and/or refused to pay all of the benefits to which Plaintiff is entitled for the
loss.
15. Defendant breached the contract by failing to pay based on Plaintiff's Proof of Loss
which was submitted to Defendant on or about March 30, 2023.
16. Defendant and its agents have failed and/or refused to properly investigate the loss
and have failed and/or refused to tender all insurance proceeds due and owing to Plaintiff under
the Policy.
17. Defendant knew or should have known, that Plaintiff had outstanding damages that
were directly caused by covered perils under the Policy and that insurance monies were due and
owing to Plaintiff.
18. Defendant knew or should have known, that Plaintiff had continuing damages that
were and are directly covered under the Policy and whereupon Plaintiff submitted claims for
payment under the Policy.
19, Defendant’s conduct is contrary to the provisions of the contract.
20. Plaintiff has done and performed all those matters and things properly required of
them under the insurance policy, or alternatively, they have been excused from performance by
the acts of Defendant by its representations and/or conduct.
21. Pursuant to Florida Statute 627.70152, Plaintiff filed a Notice of Intent to Initiate
Litigation Notice prior to filing this action on or about September 18, 2023.
22. Defendant has breached the Policy by failing to pay all benefits due under the
Policy.
23. Defendant breached the contract by failing to pay the full costs necessary to restore
Plaintiff's property to its pre-loss condition.
24. Defendant breached the contract by improperly withholding certain amounts for
depreciation.
25. Other breaches may be determined during discovery in this matter.
26. As a direct result of Defendant’s breach of its insurance contract, Plaintiff has lost
the full value and full benefit of the Insured Property and continues to suffer such loss.
27. As a direct result of Defendant’s breach of its insurance contract, it has been
necessary for Plaintiff to incur and become obligated for attorneys’ fees and costs in the
prosecution of this action. Florida Statutes §627.428, §626.9373, and/or §627.70152 provide for
the recovery of such attorneys’ fees in the event of such need.
28. Plaintiff has been obligated to engage the undersigned attorneys for the prosecution
of this action and is entitled to reasonable attorneys’ fees thereby pursuant to Fla. Stat. §627.428,
§626.9373, and/or §627.70152.
WHEREFORE, Plaintiff prays this Honorable Court to enter an award of compensatory
and contractual damages, pre-judgment interest, costs of this action, attorneys’ fees, and such
further relief as this Court may deem appropriate.
DEMAND FOR TRIAL BY JURY
Further, Plaintiff requests a trial by jury on all issues so triable.
Dated this 7" day of November, 2023.
CONSTABLE LAW, P.A.
4s/ James §. Constable
James S. Constable, Esquire
Florida Bar No. 68522
Allison S. Freeman, Esquire
Florida Bar No. 69539
CONSTABLE LAW, P.A.
139 6" Avenue S
Safety Harbor, Florida 34695
Telephone: (727) 797-0100
Facsimile: (727) 726-6917
Attorneys for Plaintiff
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Filing # 185644640 E-Filed 11/07/2023 02:00:43 PM IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT IN AND FOR HIGHLANDS COUNTY, FLORIDA CIVIL DIVISION RICHARD ROOKS, FOR THE ESTATE OF BEVERLY ANN ROOKS Plaintiff, CASE NO.: VS. UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY Defendant. / COMPL. RICHARD ROOKS, FOR THE ESTATE OF BEVERLY ANN ROOKS, (hereinafter referred to as “Plaintiff’), by and through their undersigned counsel, hereby sue the Defendant, and as grounds therefore state as follows: GENERAL ALLEGATIONS 1 This is an action for damages in excess of fifty thousand dollars ($50,000) exclusive of interest, attorneys’ fees, and costs. 2 At all times material hereto, Plaintiff owned property located at 906 Gwendolynn Street, Avon Park, Highlands County, FL 33825 (hereinafter referred to as the “Insured Property”). 3 At all times material hereto, Defendant was and is a domestic corporation in the State of Florida and engages in the business of providing property insurance coverage to residents of Florida in exchange for the payment of a premium. 4 In consideration of the premium paid to it by Plaintiff, Defendant issued to Plaintiff an insurance policy, Policy No. 1504-2001-0887 (hereinafter referred to as the “Policy’”), which Electronically Filed Highlands Case # 23000696GCAXMX 11/07/2023 02:00:43 PM was in full force and effect at the same time damage occurred to the Insured Property. A copy of the Policy is in Defendant’s possession and will be subsequently filed. 5 Plaintiff timely notified Defendant of the damage. 6. Defendant assigned claim number FL22-0141431-A322 to the reported loss. 7 Defendant inspected the Insured Property and observed damage to Plaintiff's property. 8 Defendant observed damage to Plaintiffs property during a policy period in which Defendant insured Plaintiff's property. 9. Under the terms of the Policy, Defendant is obligated to pay insurance benefits for covered losses to Plaintiff. 10. The damage to Plaintiff’s Insured Property is caused by a covered peril under the Policy. 11. All conditions precedent to obtaining payment of said benefits under the Policy from Defendant have been complied with, met, or waived. BREACH OF CONTRACT 12. Plaintiff re-alleges paragraphs 1 through 11 as if fully set forth herein. 13. Defendant has breached the Policy by underpaying and/or undervaluing the claim. 14. Plaintiff has made an application for insurance benefits under the Policy, but Defendant has failed and/or refused to pay all of the benefits to which Plaintiff is entitled for the loss. 15. Defendant breached the contract by failing to pay based on Plaintiff's Proof of Loss which was submitted to Defendant on or about March 30, 2023. 16. Defendant and its agents have failed and/or refused to properly investigate the loss and have failed and/or refused to tender all insurance proceeds due and owing to Plaintiff under the Policy. 17. Defendant knew or should have known, that Plaintiff had outstanding damages that were directly caused by covered perils under the Policy and that insurance monies were due and owing to Plaintiff. 18. Defendant knew or should have known, that Plaintiff had continuing damages that were and are directly covered under the Policy and whereupon Plaintiff submitted claims for payment under the Policy. 19, Defendant’s conduct is contrary to the provisions of the contract. 20. Plaintiff has done and performed all those matters and things properly required of them under the insurance policy, or alternatively, they have been excused from performance by the acts of Defendant by its representations and/or conduct. 21. Pursuant to Florida Statute 627.70152, Plaintiff filed a Notice of Intent to Initiate Litigation Notice prior to filing this action on or about September 18, 2023. 22. Defendant has breached the Policy by failing to pay all benefits due under the Policy. 23. Defendant breached the contract by failing to pay the full costs necessary to restore Plaintiff's property to its pre-loss condition. 24. Defendant breached the contract by improperly withholding certain amounts for depreciation. 25. Other breaches may be determined during discovery in this matter. 26. As a direct result of Defendant’s breach of its insurance contract, Plaintiff has lost the full value and full benefit of the Insured Property and continues to suffer such loss. 27. As a direct result of Defendant’s breach of its insurance contract, it has been necessary for Plaintiff to incur and become obligated for attorneys’ fees and costs in the prosecution of this action. Florida Statutes §627.428, §626.9373, and/or §627.70152 provide for the recovery of such attorneys’ fees in the event of such need. 28. Plaintiff has been obligated to engage the undersigned attorneys for the prosecution of this action and is entitled to reasonable attorneys’ fees thereby pursuant to Fla. Stat. §627.428, §626.9373, and/or §627.70152. WHEREFORE, Plaintiff prays this Honorable Court to enter an award of compensatory and contractual damages, pre-judgment interest, costs of this action, attorneys’ fees, and such further relief as this Court may deem appropriate. DEMAND FOR TRIAL BY JURY Further, Plaintiff requests a trial by jury on all issues so triable. Dated this 7" day of November, 2023. CONSTABLE LAW, P.A. 4s/ James §. Constable James S. Constable, Esquire Florida Bar No. 68522 Allison S. Freeman, Esquire Florida Bar No. 69539 CONSTABLE LAW, P.A. 139 6" Avenue S Safety Harbor, Florida 34695 Telephone: (727) 797-0100 Facsimile: (727) 726-6917 Attorneys for Plaintiff