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Filing # 189091647 E-Filed 01/04/2024 01:07:31 PM
IN THE CIRCUIT COURT OF THE TWENTIETH
JUDICIAL CIRCUIT IN AND FOR LEE COUNTY,
FLORIDA
DAVID O'BRIEN AND CASE NO. ________________________________
ALISA O'BRIEN,
Plaintiffs,
v.
KIN INTERINSURANCE NETWORK,
Defendant.
_____________________________________/
COMPLAINT
COMES NOW, Plaintiffs, DAVID O'BRIEN AND ALISA O'BRIEN (hereinafter “O'BRIEN”),
hereby brings this action against Defendant, KIN INTERINSURANCE NETWORK (hereinafter “KIN”),
and state:
The Parties
1. Plaintiff, DAVID O'BRIEN is a resident of Lee County, Florida and is sui juris.
2. Plaintiff, ALISA O'BRIEN is a resident of Lee County, Florida and is sui juris.
3. Defendant, KIN INTERINSURANCE NETWORK is a Florida corporation in the business
of insurance, and it conducts business in Lee County, Florida.
Jurisdiction and Venue
3. This is an action for damages in excess of fifty thousand dollars ($50,000.00), and
otherwise within the jurisdictional limits of this Court.
4. Venue is proper in Lee County, Florida because the cause of action accrued in Lee County,
Florida.
1
SIMPSON & MENA, P.A.
2250 Southwest Third Avenue ● Suite 501 ● Miami, Florida 33129 ● Telephone 305.912.7665
eFiled Lee County Clerk of Courts Page 1
General Allegations
5. O'BRIEN purchased and paid the premium for a homeowners insurance policy from KIN
Policy number KIN-HO-FL-272248466 (the “Policy”), for the property located at 16051 Briarcliff Lane,
Fort Myers, FL 33912 (the “Insured Property”). 1
6. The Policy was in full force and effect at all relevant times to this lawsuit.
7. On or about September 28, 2022, the insureds property suffered damage as the result of
heavy wind and rain caused by Hurricane Ian.
8. O'BRIEN immediately made an application to KIN for insurance benefits under the
Policy.
9. Defendant assigned an adjuster to adjust the loss and acknowledged the loss as claim
number HO-3353666.
10. KIN has failed and refused to pay the benefits to which O'BRIEN are entitled under the
Policy.
11. All conditions precedent to obtaining payment of insurance benefits under the Policy, and
to the filing of this action have been fulfilled, satisfied, waived, or excused.
12. O'BRIEN were forced to retain legal counsel to represent their interest in this matter and
they are obligated to pay reasonable attorneys’ fees and costs for services rendered. O'BRIEN are entitled
to recover her attorneys’ fees and costs in this action pursuant to Section 627.428, Fla. Stat.
1
Plaintiffs do not currently possess a complete copy of the Policy. However, the Policy is in Defendant’s possession.
Concurrently with the filing and service of this Complaint, Plaintiffs also filed and served their First Request for
Production. Upon receipt of the documents responsive thereto, which will include a complete copy of the Policy at
issue herein, Plaintiffs will file it with this Court.
2
SIMPSON & MENA, P.A.
2250 Southwest Third Avenue ● Suite 501 ● Miami, Florida 33129 ● Telephone 305.912.7665
eFiled Lee County Clerk of Courts Page 2
Count I
Breach of Contract
13. O'BRIEN re-alleges and incorporates paragraphs one (1) through twelve (12) above, as if
fully set forth herein and further alleges the following:
14. The Policy imposed a duty on KIN to indemnify O'BRIEN for covered perils thereunder.
15. As a result of the loss suffered on or about September 28, 2022, KIN had a duty under the
Policy to make payment of insurance benefits to O'BRIEN for damages to the Insured Property.
16. KIN failed to perform this duty and it breached the terms of the Policy by failing to fully
pay insurance benefits to O'BRIEN.
17. KIN’s breach was material.
18. O'BRIEN performed her obligations under the Policy.
19. O'BRIEN suffered damages as a result of KIN’s conduct.
20. KIN failed to pay the actual cash value of the loss pursuant to the Policy and Section
627.7011, Fla. Stat.
21. The Policy and Section 627.7011, Fla. Stat., obligated KIN to pay the actual cash value of
the insured loss, initially, to O'BRIEN. The facts reveal that KIN did not pay the actual cash value of the
insured loss, in violation of the Policy and Section 627.7011, Fla. Stat.
WHEREFORE, Plaintiffs, DAVID O'BRIEN AND ALISA O'BRIEN, respectfully demands the
entry of final judgment against Defendant, KIN INTERINSURANCE NETWORK, for compensatory
damages, interest, attorneys’ fees, and costs under Section 627.428, Fla. Stat., and such further relief as this
court deems fair and just.
Demand for Jury Trial
The Plaintiff hereby demands a trial by jury on all matters that are so triable as a matter of right.
3
SIMPSON & MENA, P.A.
2250 Southwest Third Avenue ● Suite 501 ● Miami, Florida 33129 ● Telephone 305.912.7665
eFiled Lee County Clerk of Courts Page 3
Designation of E-mail Address Pursuant to Rule 2.516
Pursuant to Florida Rule of Judicial Administration 2.516, Plaintiffs hereby file this notice of
designation of email address for the purpose of service of all documents required to be served in this
proceeding: alexis@simpsonmenalaw.com ; mmatus@simpsonmenalaw.com ;
filings@simpsonmenalaw.com .
Dated: January 4, 2023 SIMPSON & MENA, P.A.
2250 Southwest Third Avenue, Suite 501
Miami, Florida 33129
Telephone: (305) 912-7665
Facsimile: (305) 503-9657
Email: alexis@simpsonmenalaw.com
filings@simpsonmenalaw.com
By: /s/ Michael Matus
Michael Matus, Esq.
Florida Bar No. 1000993
Alexis M. Mena, Esq.
Florida Bar No. 117839
Katherine Montaner-Simpson, Esq.
Florida Bar No. 449090
4
SIMPSON & MENA, P.A.
2250 Southwest Third Avenue ● Suite 501 ● Miami, Florida 33129 ● Telephone 305.912.7665
eFiled Lee County Clerk of Courts Page 4
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Filing # 189091647 E-Filed 01/04/2024 01:07:31 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA DAVID O'BRIEN AND CASE NO. ________________________________ ALISA O'BRIEN, Plaintiffs, v. KIN INTERINSURANCE NETWORK, Defendant. _____________________________________/ COMPLAINT COMES NOW, Plaintiffs, DAVID O'BRIEN AND ALISA O'BRIEN (hereinafter “O'BRIEN”), hereby brings this action against Defendant, KIN INTERINSURANCE NETWORK (hereinafter “KIN”), and state: The Parties 1. Plaintiff, DAVID O'BRIEN is a resident of Lee County, Florida and is sui juris. 2. Plaintiff, ALISA O'BRIEN is a resident of Lee County, Florida and is sui juris. 3. Defendant, KIN INTERINSURANCE NETWORK is a Florida corporation in the business of insurance, and it conducts business in Lee County, Florida. Jurisdiction and Venue 3. This is an action for damages in excess of fifty thousand dollars ($50,000.00), and otherwise within the jurisdictional limits of this Court. 4. Venue is proper in Lee County, Florida because the cause of action accrued in Lee County, Florida. 1 SIMPSON & MENA, P.A. 2250 Southwest Third Avenue ● Suite 501 ● Miami, Florida 33129 ● Telephone 305.912.7665 eFiled Lee County Clerk of Courts Page 1 General Allegations 5. O'BRIEN purchased and paid the premium for a homeowners insurance policy from KIN Policy number KIN-HO-FL-272248466 (the “Policy”), for the property located at 16051 Briarcliff Lane, Fort Myers, FL 33912 (the “Insured Property”). 1 6. The Policy was in full force and effect at all relevant times to this lawsuit. 7. On or about September 28, 2022, the insureds property suffered damage as the result of heavy wind and rain caused by Hurricane Ian. 8. O'BRIEN immediately made an application to KIN for insurance benefits under the Policy. 9. Defendant assigned an adjuster to adjust the loss and acknowledged the loss as claim number HO-3353666. 10. KIN has failed and refused to pay the benefits to which O'BRIEN are entitled under the Policy. 11. All conditions precedent to obtaining payment of insurance benefits under the Policy, and to the filing of this action have been fulfilled, satisfied, waived, or excused. 12. O'BRIEN were forced to retain legal counsel to represent their interest in this matter and they are obligated to pay reasonable attorneys’ fees and costs for services rendered. O'BRIEN are entitled to recover her attorneys’ fees and costs in this action pursuant to Section 627.428, Fla. Stat. 1 Plaintiffs do not currently possess a complete copy of the Policy. However, the Policy is in Defendant’s possession. Concurrently with the filing and service of this Complaint, Plaintiffs also filed and served their First Request for Production. Upon receipt of the documents responsive thereto, which will include a complete copy of the Policy at issue herein, Plaintiffs will file it with this Court. 2 SIMPSON & MENA, P.A. 2250 Southwest Third Avenue ● Suite 501 ● Miami, Florida 33129 ● Telephone 305.912.7665 eFiled Lee County Clerk of Courts Page 2 Count I Breach of Contract 13. O'BRIEN re-alleges and incorporates paragraphs one (1) through twelve (12) above, as if fully set forth herein and further alleges the following: 14. The Policy imposed a duty on KIN to indemnify O'BRIEN for covered perils thereunder. 15. As a result of the loss suffered on or about September 28, 2022, KIN had a duty under the Policy to make payment of insurance benefits to O'BRIEN for damages to the Insured Property. 16. KIN failed to perform this duty and it breached the terms of the Policy by failing to fully pay insurance benefits to O'BRIEN. 17. KIN’s breach was material. 18. O'BRIEN performed her obligations under the Policy. 19. O'BRIEN suffered damages as a result of KIN’s conduct. 20. KIN failed to pay the actual cash value of the loss pursuant to the Policy and Section 627.7011, Fla. Stat. 21. The Policy and Section 627.7011, Fla. Stat., obligated KIN to pay the actual cash value of the insured loss, initially, to O'BRIEN. The facts reveal that KIN did not pay the actual cash value of the insured loss, in violation of the Policy and Section 627.7011, Fla. Stat. WHEREFORE, Plaintiffs, DAVID O'BRIEN AND ALISA O'BRIEN, respectfully demands the entry of final judgment against Defendant, KIN INTERINSURANCE NETWORK, for compensatory damages, interest, attorneys’ fees, and costs under Section 627.428, Fla. Stat., and such further relief as this court deems fair and just. Demand for Jury Trial The Plaintiff hereby demands a trial by jury on all matters that are so triable as a matter of right. 3 SIMPSON & MENA, P.A. 2250 Southwest Third Avenue ● Suite 501 ● Miami, Florida 33129 ● Telephone 305.912.7665 eFiled Lee County Clerk of Courts Page 3 Designation of E-mail Address Pursuant to Rule 2.516 Pursuant to Florida Rule of Judicial Administration 2.516, Plaintiffs hereby file this notice of designation of email address for the purpose of service of all documents required to be served in this proceeding: alexis@simpsonmenalaw.com ; mmatus@simpsonmenalaw.com ; filings@simpsonmenalaw.com . Dated: January 4, 2023 SIMPSON & MENA, P.A. 2250 Southwest Third Avenue, Suite 501 Miami, Florida 33129 Telephone: (305) 912-7665 Facsimile: (305) 503-9657 Email: alexis@simpsonmenalaw.com filings@simpsonmenalaw.com By: /s/ Michael Matus Michael Matus, Esq. Florida Bar No. 1000993 Alexis M. Mena, Esq. Florida Bar No. 117839 Katherine Montaner-Simpson, Esq. Florida Bar No. 449090 4 SIMPSON & MENA, P.A. 2250 Southwest Third Avenue ● Suite 501 ● Miami, Florida 33129 ● Telephone 305.912.7665 eFiled Lee County Clerk of Courts Page 4