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Filing # 191493456 E-Filed 02/07/2024 04:41:14 PM
IN THE CIRCUIT COURT OF THE
TWENTIETH JUDICIAL CIRCUIT IN
AND FOR CHARLOTTE COUNTY,
FLORIDA
MELINDA AND JOVICA PAVLOVIC,
CASE NO.: 24000354CA
Plaintiffs,
Vv.
FLORIDA INSURANCE GUARANTY ASSOCIATION,
Defendant.
/
PLAINTIFFS’ COMPLAINT FOR DAMAGES AND DESIGNATION OF E-MAIL
ADDRESS PURSUANT TO RULE 2.516
COMES NOW, Plaintiffs, MELINDA AND JOVICA PAVLOVIC, through undersigned
counsel, hereby file this Complaint against Defendant, FLORIDA INSURANCE GUARANTY
ASSOCIATION, as follows:
PARTIES, JURISDICTION & VENUE
1 This is an action for damages under an insurance policy in excess of FIFTY
THOUSAND DOLLARS ($50,000.00), exclusive of interest, attorneys’ fees and costs, and is
otherwise within the jurisdictional limits of this Court.
2. At all times material hereto, United Property & Casualty Insurance Company
(“UPC”), was an insurance company authorized to do business in the State of Florida and doing
business in Charlotte County, Florida. Prior to the filing of this Complaint, UPC became insolvent,
and Defendant stepped into the shoes of the insolvent UPC. See Kuvin, Lingensmith & Lewis, P.A.
v. Fla. Ins. Guar. Ass’n, 371 So 2d 214 (Fla. 3d DCA 1979). When an insurer becomes insolvent,
“FIGA is deemed the ‘insurer’ to the extent of covered claims and has the same obligations as the
insolvent insurer.” Jones v. Fla. Ins. Guar. Ass’n, 908 So 2d 435, 454 (Fla. 2005); see also,
§631.57, Fla. Stat. (2010).
3 Atall times material hereto, the damaged property was located in Charlotte County,
Florida.
4 Prior to September 29, 2022, in consideration of the applicable paid premiums,
UPC issued to Plaintiffs a property insurance policy bearing number UHF249776603 ("Policy")
providing insurance coverage for the insured property located at 73 Manizaks Avenue, Punta
Gorda, FL 33983 ("Property").
5 Plaintiffs are not in possession of a complete certified copy of the Policy; however,
it is well known and in the possession of Defendant, and Plaintiff requested a formal copy of the
Contract through a Request to Produce, served on Defendant contemporaneously with this
Complaint. See Equity Premium, Inc. v. Twin City Fire Ins. Co., 956 So. 2d 1257 (Fla. 4" DCA
2007); Amiker v. Mid-Century Ins. Co., 398 So. 2d 974 (Fla. 1" DCA 1981); Parkway General
Hospital Inc. v. Allstate Ins. Co., 393 So. 2d 1171 (Fla. 3 DCA 1981).
6. Jurisdiction and venue are proper in Charlotte County, Florida.
COUNT I - BREACH OF STATUTORY DUTIES/OBLIGATIONS
7 Plaintiffs reallege and reincorporate paragraphs 1-6 as if fully stated herein.
8 On or about September 28, 2022, the Property sustained direct physical damage as
a result of Hurricane Ian ("the Loss").
9 The Policy was in full force and effect during the time of the Loss, providing
insurance coverage to the Property for the Loss.
10. UPC received timely notice of the Loss, assigning claim number 22FL-00185307.
11. Following the adjudication of insolvency of UPC, Defendant retained an adjuster
to perform an inspection of the Property and the reported damage arising from the Loss.
12. Defendant’s inspector found evidence of the same wind damage that UPC initially
observed.
13. Wind damage is a covered loss under the policy; therefore, the Loss amounts to a
covered claim under Florida Statute 631.54(4).
14. Under Florida Statute 631.57(b), Defendant is deemed the insurer to the extent of a
covered claim.
15. Defendant’s final claim determination denied coverage under the Policy, in direct
violation of Defendants duties and obligations because Defendant ignored covered damages.
16. Defendant breached its statutory obligation when it failed to afford complete Policy
benefits for the covered damages.
17. Plaintiffs suffered and continues to suffer damages because of Defendant’s acts and
omissions in relation to this Loss.
18. Plaintiffs provided notice to Defendant prior to filing this lawsuit, as required by
Florida Statute(s), including F.S. § 627.70152, entitling Plaintiffs to recover benefits under the
Policy, or such conditions/obligations have been waived.
19. Plaintiffs complied with all conditions precedent to this lawsuit, entitling Plaintiffs
to recover benefits under the Policy, or such conditions/obligations have been waived.
20. As a direct and proximate result of Defendant’s breach, Plaintiffs were forced to
retain the services of undersigned counsel, and Defendant must pay reasonable attorney's fees
pursuant to Fla. Stat. 631.70, as Defendant affirmatively denied this covered Loss.
WHEREFORE, Plaintiffs demand judgment against Defendant for damages, including but
not limited to damages owed under Florida statute, attorneys’ fees and costs.
DEMAND FOR JURY TRIAL
Plaintiffs demand a trial by jury on all issues so triable.
DESIGNATION OF E-MAIL ADDRESS PURSUANT TO RULE 2.516
Pursuant to Florida Rule of Judicial Administration 2.516, Plaintiff hereby files it notice of
designation of email address for the purpose of service of all documents required to be served in
this proceeding: alexis@robertmalovelaw.com; tdaniel@robertmalovelaw.com;
fppleadings@robertmalovelaw.com.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a certified copy of the foregoing has been served on Defendant.
The Law Offices of Robert David Malove
Attorneys for Plaintiff
200 SE 9" Street
Fort Lauderdale, Florida 33316
Phone: (954) 861-0384
Fax: (954) 333-6927
Email: jordan@robertmalovelaw.com
abrown@robertmalovelaw.com
fppleadings@robertmalovelaw.com
By:_/s/ Jordan B. Fertel__.
Jordan B. Fertel, Esq.
Florida Bar No.: 1032519
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Filing # 191493456 E-Filed 02/07/2024 04:41:14 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA MELINDA AND JOVICA PAVLOVIC, CASE NO.: 24000354CA Plaintiffs, Vv. FLORIDA INSURANCE GUARANTY ASSOCIATION, Defendant. / PLAINTIFFS’ COMPLAINT FOR DAMAGES AND DESIGNATION OF E-MAIL ADDRESS PURSUANT TO RULE 2.516 COMES NOW, Plaintiffs, MELINDA AND JOVICA PAVLOVIC, through undersigned counsel, hereby file this Complaint against Defendant, FLORIDA INSURANCE GUARANTY ASSOCIATION, as follows: PARTIES, JURISDICTION & VENUE 1 This is an action for damages under an insurance policy in excess of FIFTY THOUSAND DOLLARS ($50,000.00), exclusive of interest, attorneys’ fees and costs, and is otherwise within the jurisdictional limits of this Court. 2. At all times material hereto, United Property & Casualty Insurance Company (“UPC”), was an insurance company authorized to do business in the State of Florida and doing business in Charlotte County, Florida. Prior to the filing of this Complaint, UPC became insolvent, and Defendant stepped into the shoes of the insolvent UPC. See Kuvin, Lingensmith & Lewis, P.A. v. Fla. Ins. Guar. Ass’n, 371 So 2d 214 (Fla. 3d DCA 1979). When an insurer becomes insolvent, “FIGA is deemed the ‘insurer’ to the extent of covered claims and has the same obligations as the insolvent insurer.” Jones v. Fla. Ins. Guar. Ass’n, 908 So 2d 435, 454 (Fla. 2005); see also, §631.57, Fla. Stat. (2010). 3 Atall times material hereto, the damaged property was located in Charlotte County, Florida. 4 Prior to September 29, 2022, in consideration of the applicable paid premiums, UPC issued to Plaintiffs a property insurance policy bearing number UHF249776603 ("Policy") providing insurance coverage for the insured property located at 73 Manizaks Avenue, Punta Gorda, FL 33983 ("Property"). 5 Plaintiffs are not in possession of a complete certified copy of the Policy; however, it is well known and in the possession of Defendant, and Plaintiff requested a formal copy of the Contract through a Request to Produce, served on Defendant contemporaneously with this Complaint. See Equity Premium, Inc. v. Twin City Fire Ins. Co., 956 So. 2d 1257 (Fla. 4" DCA 2007); Amiker v. Mid-Century Ins. Co., 398 So. 2d 974 (Fla. 1" DCA 1981); Parkway General Hospital Inc. v. Allstate Ins. Co., 393 So. 2d 1171 (Fla. 3 DCA 1981). 6. Jurisdiction and venue are proper in Charlotte County, Florida. COUNT I - BREACH OF STATUTORY DUTIES/OBLIGATIONS 7 Plaintiffs reallege and reincorporate paragraphs 1-6 as if fully stated herein. 8 On or about September 28, 2022, the Property sustained direct physical damage as a result of Hurricane Ian ("the Loss"). 9 The Policy was in full force and effect during the time of the Loss, providing insurance coverage to the Property for the Loss. 10. UPC received timely notice of the Loss, assigning claim number 22FL-00185307. 11. Following the adjudication of insolvency of UPC, Defendant retained an adjuster to perform an inspection of the Property and the reported damage arising from the Loss. 12. Defendant’s inspector found evidence of the same wind damage that UPC initially observed. 13. Wind damage is a covered loss under the policy; therefore, the Loss amounts to a covered claim under Florida Statute 631.54(4). 14. Under Florida Statute 631.57(b), Defendant is deemed the insurer to the extent of a covered claim. 15. Defendant’s final claim determination denied coverage under the Policy, in direct violation of Defendants duties and obligations because Defendant ignored covered damages. 16. Defendant breached its statutory obligation when it failed to afford complete Policy benefits for the covered damages. 17. Plaintiffs suffered and continues to suffer damages because of Defendant’s acts and omissions in relation to this Loss. 18. Plaintiffs provided notice to Defendant prior to filing this lawsuit, as required by Florida Statute(s), including F.S. § 627.70152, entitling Plaintiffs to recover benefits under the Policy, or such conditions/obligations have been waived. 19. Plaintiffs complied with all conditions precedent to this lawsuit, entitling Plaintiffs to recover benefits under the Policy, or such conditions/obligations have been waived. 20. As a direct and proximate result of Defendant’s breach, Plaintiffs were forced to retain the services of undersigned counsel, and Defendant must pay reasonable attorney's fees pursuant to Fla. Stat. 631.70, as Defendant affirmatively denied this covered Loss. WHEREFORE, Plaintiffs demand judgment against Defendant for damages, including but not limited to damages owed under Florida statute, attorneys’ fees and costs. DEMAND FOR JURY TRIAL Plaintiffs demand a trial by jury on all issues so triable. DESIGNATION OF E-MAIL ADDRESS PURSUANT TO RULE 2.516 Pursuant to Florida Rule of Judicial Administration 2.516, Plaintiff hereby files it notice of designation of email address for the purpose of service of all documents required to be served in this proceeding: alexis@robertmalovelaw.com; tdaniel@robertmalovelaw.com; fppleadings@robertmalovelaw.com. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a certified copy of the foregoing has been served on Defendant. The Law Offices of Robert David Malove Attorneys for Plaintiff 200 SE 9" Street Fort Lauderdale, Florida 33316 Phone: (954) 861-0384 Fax: (954) 333-6927 Email: jordan@robertmalovelaw.com abrown@robertmalovelaw.com fppleadings@robertmalovelaw.com By:_/s/ Jordan B. Fertel__. Jordan B. Fertel, Esq. Florida Bar No.: 1032519