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Filing # 123612446 E-Filed 03/23/2021 03:05:56 PM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
CIVIL DIVISION
KELLY SHRIEVES,
Plaintiff,
CASE NO:
Vv.
AMERICAN INTEGRITY
INSURANCE COMPANY OF FLORIDA ,
Defendant.
/
COMPLAINT
COMES NOW the Plaintiff, KELLY SHRIEVES (hereinafter “Plaintiff’), by and through
the undersigned attorney, and files this Complaint against the Defendant AMERICAN
INTEGRITY INSURANCE COMPANY OF FLORIDA (hereinafter “Defendant”), and as
grounds therefore, state as follows:
General Allegation:
At all times relevant hereto, the Plaintiff, KELLY SHRIEVES, is a resident of the State of
Florida, residing in Osceola County.
At all times relevant hereto, Defendant, AMERICAN INTEGRITY INSURANCE
COMPANY OF FLORIDA, was an insurance company organized and existing under the laws
of the State of Florida and doing business in the State of Florida and specifically in Osceola
County with Plaintiff.
The amount in controversy in this action is greater than Thirty Thousand Dollars ($30,000.00)
exclusive of pre-judgment interest, court costs, and attorney's fees.
Count I-Breach of Contract
Plaintiff re-alleges each and every allegation set forth in Paragraphs 1 through 3 above, as if
fully set forth herein.
This is an action for damages for breach of insurance contract against Defendant.
In consideration of the premium paid to it, Defendant issued to Plaintiff a contract of insurance,
Policy No. AGH0134981, which was in full force and effect at the time of the loss and damage
at the insured premises at 206 Maryland Avenue, Saint Cloud, FL 34769 (hereinafter “Insured
Property”). Plaintiff does not have a complete copy of the Policy; however, a complete copy of
the Policy has been requested from Defendant and will be produced during discovery.
During the effective period of the insurance policy, Plaintiff's Insured Property suffered direct
physical damage and loss to the insured property.
On or about May 30, 2020, Plaintiff’s Insured Property was damaged as a result of wind created
breach of building envelope and ensuing water and mold losses, a peril for which the policy of
insurance issued by Defendant provides coverage.
The sudden and unexpected loss caused by wind created breach of building envelope and
ensuing water and mold losses caused Plaintiff to sustain loss to the covered structure and its
roof as well as the interior of the insured property.
10. The sudden and unexpected loss caused by wind created breach of building envelope and
ensuing water and mold losses caused Plaintiff to incur additional expenses and will continue to
cause expenses and loss.
11 Plaintiff has made a timely claim for the damage and loss.
12. Plaintiff has requested that Defendant pay Plaintiff for Plaintiff's damages, but Defendant has
failed and refused and continues to refuse to fully pay the aforementioned damages.
13. The Plaintiff has done and performed all those matters and things properly required of Plaintiff
under the insurance policy or, alternatively, has been excused from performance by the acts, or
omissions of Defendant.
14. Notwithstanding the foregoing, Defendant has failed or refused to provide full coverage under
the insurance policy and has failed to pay promptly the full amounts due and has thereby
breached the contract of insurance.
15 As a direct result of Defendant’s breach of insurance contract, Plaintiff has been financially
damaged and continues to suffer damage and loss.
16. Asa result of Defendant’s breach of the insurance contract, it has become necessary for Plaintiff
to incur and become obligated for attorney's fees and costs in connection with the prosecution
of this action. Plaintiff is entitled to have Defendant pay said fees and costs pursuant to section
627.428 and/or 626.9373, Florida Statutes.
WHEREFORE, the Plaintiff prays this Court enter judgment in Plaintiff's favor and against
AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDA for damages including
actual and compensatory damages, pre-judgment interest, costs of this action, attorney’s fees, and
such other and further relief as this Court may deem appropriate.
JURY TRIAL DEMANDED
Plaintiff requests a trial by jury on all issues so triable.
Dated: March 23, 2021
Respectfully submitted,
KRAPF LEGAL, P.A.
/s/ Grant W. Krapf, Esq.
GRANT W. KRAPF, ESQ.
FBN: 072058
2790 Sunset Point Road
Clearwater, FL 33759
Telephone: (727) 777-7450
E-mail: grant@krapflegal.com
ssist@krapflegal.com
Counsel for Plaintiff
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Filing # 123612446 E-Filed 03/23/2021 03:05:56 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA CIVIL DIVISION KELLY SHRIEVES, Plaintiff, CASE NO: Vv. AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDA , Defendant. / COMPLAINT COMES NOW the Plaintiff, KELLY SHRIEVES (hereinafter “Plaintiff’), by and through the undersigned attorney, and files this Complaint against the Defendant AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDA (hereinafter “Defendant”), and as grounds therefore, state as follows: General Allegation: At all times relevant hereto, the Plaintiff, KELLY SHRIEVES, is a resident of the State of Florida, residing in Osceola County. At all times relevant hereto, Defendant, AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDA, was an insurance company organized and existing under the laws of the State of Florida and doing business in the State of Florida and specifically in Osceola County with Plaintiff. The amount in controversy in this action is greater than Thirty Thousand Dollars ($30,000.00) exclusive of pre-judgment interest, court costs, and attorney's fees. Count I-Breach of Contract Plaintiff re-alleges each and every allegation set forth in Paragraphs 1 through 3 above, as if fully set forth herein. This is an action for damages for breach of insurance contract against Defendant. In consideration of the premium paid to it, Defendant issued to Plaintiff a contract of insurance, Policy No. AGH0134981, which was in full force and effect at the time of the loss and damage at the insured premises at 206 Maryland Avenue, Saint Cloud, FL 34769 (hereinafter “Insured Property”). Plaintiff does not have a complete copy of the Policy; however, a complete copy of the Policy has been requested from Defendant and will be produced during discovery. During the effective period of the insurance policy, Plaintiff's Insured Property suffered direct physical damage and loss to the insured property. On or about May 30, 2020, Plaintiff’s Insured Property was damaged as a result of wind created breach of building envelope and ensuing water and mold losses, a peril for which the policy of insurance issued by Defendant provides coverage. The sudden and unexpected loss caused by wind created breach of building envelope and ensuing water and mold losses caused Plaintiff to sustain loss to the covered structure and its roof as well as the interior of the insured property. 10. The sudden and unexpected loss caused by wind created breach of building envelope and ensuing water and mold losses caused Plaintiff to incur additional expenses and will continue to cause expenses and loss. 11 Plaintiff has made a timely claim for the damage and loss. 12. Plaintiff has requested that Defendant pay Plaintiff for Plaintiff's damages, but Defendant has failed and refused and continues to refuse to fully pay the aforementioned damages. 13. The Plaintiff has done and performed all those matters and things properly required of Plaintiff under the insurance policy or, alternatively, has been excused from performance by the acts, or omissions of Defendant. 14. Notwithstanding the foregoing, Defendant has failed or refused to provide full coverage under the insurance policy and has failed to pay promptly the full amounts due and has thereby breached the contract of insurance. 15 As a direct result of Defendant’s breach of insurance contract, Plaintiff has been financially damaged and continues to suffer damage and loss. 16. Asa result of Defendant’s breach of the insurance contract, it has become necessary for Plaintiff to incur and become obligated for attorney's fees and costs in connection with the prosecution of this action. Plaintiff is entitled to have Defendant pay said fees and costs pursuant to section 627.428 and/or 626.9373, Florida Statutes. WHEREFORE, the Plaintiff prays this Court enter judgment in Plaintiff's favor and against AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDA for damages including actual and compensatory damages, pre-judgment interest, costs of this action, attorney’s fees, and such other and further relief as this Court may deem appropriate. JURY TRIAL DEMANDED Plaintiff requests a trial by jury on all issues so triable. Dated: March 23, 2021 Respectfully submitted, KRAPF LEGAL, P.A. /s/ Grant W. Krapf, Esq. GRANT W. KRAPF, ESQ. FBN: 072058 2790 Sunset Point Road Clearwater, FL 33759 Telephone: (727) 777-7450 E-mail: grant@krapflegal.com ssist@krapflegal.com Counsel for Plaintiff