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IN THE COUNTY COURT OF THE
EIGHTEENTHJUDICIAL CIRCUIT IN AND
FOR SEMINOLECOUNTY, FLORIDA
CASE NO: 2024SC001911
THE KIDWELL GROUP LLC d/b/a AIR
QUALITY ASSESSORS OF FLORIDA a/a/o
Luis Galofre
Plaintiff,
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TYPTAP INSURANCE COMPANY
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Defendant.
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COMPLAINT
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COMES NOW the Plaintiff, THE KIDWELL GROUP LLC d/b/a AIR QUALITY
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ASSESSORS OF FLORIDA a/a/o Luis Galofre, by and through its undersigned attorney, and files
this Complaint against the Defendant, TYPTAP INSURANCE COMPANY, hereinafter referred
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to as “TYPTAP INSURANCE COMPANY”, for Declaratory Relief and Breach of Contract and
in furtherance thereof alleges as follows:
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and costs.
GENERAL ALLEGATIONS
This is a claim for less than $5,000.00 dollars, exclusive of interest, attorney’s fees,
At all times material hereto, the insured, Luis Galofre, was over the age of eighteen
so as to be sui juris in all respects, and at all time material hereto was the owner of real property
located at 129 Cadima Avenue Coral Gables FL , for which a policy of insurance, which
provided property damage coverage, was placed with the Defendant, TYPTAP INSURANCE
COMPANY, and for which insured was the intended and named beneficiary.
At all times material hereto, Plaintiff maintained a place of business in SEMINOLE
County, Florida, and demanded payment from the Defendant in SEMINOLECounty, Florida.
That at all times material hereto, the Defendant, TYPTAP INSURANCE
COMPANY, was a Florida corporation, duly licensed to transact business in the State of Florida
as providers of homeowner’s insurance for a profit and maintained agents for the transaction of its
customary business throughout the State of Florida including SEMINOLE County, Florida.
The insured, Luis Galofre, purchased a policy of homeowner’s insurance which
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was placed with Defendant, TYPTAP INSURANCE COMPANY
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The policy of insurance provided general homeowner’s coverage for the benefit of
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the insured and included general liability and property damage coverage to protect the insured
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against those losses covered by the subject policies. Plaintiff does not possess a copy of the
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policies. Defendant is in possession of said policies.
The insured paid all policy premiums required to obtain and maintain this coverage
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with Defendant, TYPTAP INSURANCE COMPANY
On or about 6/17/2022the insured’s home sustained a covered loss.
U The insured timely notified Defendant of the existence of the claim.
The policy of insurance referenced above, provided coverage to insured, and the
Defendant is obligated to reimburse the insured for the damages, subject to any policy deductible.
On or about 9/30/2022, the insured assigned the insurance benefits to Plaintiff as it
relates to the services rendered by the Plaintiff to the insured. A copy of the assignment of benefits
is attached hereto as Exhibit A
Plaintiff likewise maintains standing as the real part in interest and through
equitable assignment to enforce the terms of the policy and seek clarification of same.
For reasons not specifically articulated, Defendant has denied the claim and/or
offered to pay an inadequate amount of damages.
COUNT I
DECLARATORY RELIEF
The Plaintiff re alleges and re affirms the allegations contained in paragraphs 1
through 13, as though fully alleged herein, and further alleges as follows:
This is an action for declaratory judgment pursuant to Florida Statutes, Chapter 86
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with regard to the insurance coverage purchased by Plaintiff with Defendant, and a determination
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of the rights and obligations under the applicable policies of insurance.
Defendant is improperly denying coverage to Plaintiff under the insurance contract
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or is improperly calculating the amount of damages caused by the loss at issue.
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As such, Plaintiff is in doubt as to Plaintiff’s rights under the contracts of insurance
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with Defendant, as related to the Defendant’s providing coverage for claims, and a duty to fully
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compensate Plaintiff to the full extent of the loss, subject to any policy limitations.
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Plaintiff has retained the undersigned firm to represent it in this action and has
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agreed to pay a reasonable fee for said services.
The Plaintiff is unsure as to its rights associated with these contracts, and of the
Defendant’s obligations under the subject insurance policy, and Florida law. As such, Plaintiff is
in need of the present declaration of rights under the subject insurance policies and Florida law.
The law in effect at the time the subject policy of insurance incepted control the
instant action and subsequent amendments do not apply retroactively.
There is a present need for a court declaration as to the applicable law in effect for
this matter and clarity as to the rights of the parties.
The facts necessary for this Honorable Court to render Plaintiff’s declaration of
rights are set forth in this Complaint and/or ascertainable by this Honorable Court.
The Plaintiff’s right to recovery under the subject insurance policy is dependent
upon this Court’s finding of facts and/or application of Florida law.
The Defendant’s interests in this declaration are actual, present, adverse, and
antagonistic in fact and/or law to Plaintiff’s interest.
The Plaintiff has been compelled to retain the undersigned attorney and to pay that
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attorney a reasonable fee. Further, Plaintiff is entitled to prevailing party attorneys’ fees pursuant
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to Florida Statute Section 627.428.
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WHEREFORE, the Plaintiff moves this Honorable Court to take jurisdiction over the
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parties above, the subject matter herein, and grant the Plaintiff the following relief:
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a. Declare that the laws that apply to the instant action are those that were in effect
when the policy was incepted between the Defendant and the insured.
NO Declare that any subsequent assignment and policy rights are likewise controlled
by the laws in effect when the policy was incepted between the Defendant and the insured.
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c. Declare that any subsequent amendments to 627.7152 do not apply retroactively as
same is controlled by the laws in effect when the policy was incepted between the
Defendant and the insured.
Find that Plaintiff is entitled to the property damage coverage afforded it under the
policy of insurance, as it relates to the respective claims addressed supra, and that
Defendant has an obligation to fully compensate Plaintiff for all covered damages subject
to any policy limitations and deductibles;
e. Enter a Judgment in favor of Plaintiff and against the Defendant;
f. Award the Plaintiff with declaratory relief requested;
Enforce the terms, conditions, rights and/or obligations under the subject
insurance policy in favor of the Plaintiff and against the Defendant including the
obligation to fully compensate Plaintiff for all damages;
Award the Plaintiff attorneys’ fees, legal assistant fees pursuant to Florida Statute
§57.104, interest, statutory penalties and costs pursuant to Florida Statute §627.428 for
the necessity of this action and in defending the other actions; and
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i. Grant any other relief this Court deems just and appropriate.
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COUNT II
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BREACH OF CONTRACT
F I
The Plaintiff re alleges and re affirms the allegations contained in paragraphs 1
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through 13, as though fully alleged herein.
This is a cause of action for breach of insurance contract.
NO At all times material hereto, the insurance premiums required for these insurance
contracts were paid.
U Plaintiff performed all conditions precedent necessary to invoke coverage under
these insurance contracts.
In denying coverage, or improperly attempting to limit the recovery of Plaintiff by
not compensating Plaintiff for the full amount of the damages, Defendant has breached the
insurance contract.
The Plaintiff has been compelled to retain the undersigned attorney and has agreed
to pay that attorney a reasonable fee, and Plaintiff is entitled to prevailing party attorneys’ fees
pursuant to Florida Statute Section 627.428 for those fees in prosecuting this action and in
defending the other claims while this action was pending.
Plaintiff hereby demands a trial by jury on all issues so triable, and any other such
relief the Court deems just and appropriate.
WHEREFORE, Plaintiff, THE KIDWELL GROUP LLC d/b/a AIR QUALITY
ASSESSORS OF FLORIDA a/a/o Luis Galofre, prays for a judgment for damages against the
Defendant, interest, costs and attorneys’ fees. Plaintiff hereby demands a trial by jury on all issues
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so triable, and any other such relief the Court deems just and appropriate.
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CERTIFICATE OF SERVICE
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I HEREBY CERTIFYthat on this April 4, 2024, I electronically filed the foregoing with
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the Clerk of Court by using the ECF system, which will send a notice to all counsel of record.
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/s/ William S England________
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William S England
Fla. Bar No.:
Chad A. Barr, Esquire
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Fla. Bar No.: 55365
Law Office of Chad A. Barr, P.A.
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238 N. Westmonte Dr., Suite 200
Altamonte Springs, Florida 32714
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Telephone: (407) 599 9036
wseservice@chadbarrlaw.com(Primary)
will@chadbarrlaw.com(Secondary)
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F I C
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IAL
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Engineer Report with repair plan.
Quantity
1.00
Total Price
$5,000.00
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but not
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F I C 3 bu
O F
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GOOD FAITH ITEMIZED PER UNIT COST ESTIMATE (THIS IS ONLY AN ESTIM ATE, THE FINAL INVOICE M AY DIFFER)
Initial W ater Da m age Assess m ent with Category Determination= $2,000 Leak Detection Report = $1,500
W ater Da m age Assess m ent with Category Determination with Form aldehyde Bulk Sa m ple = $500 per sa m ple
Bacteria Sa m pling= $2,000
V O C/Form aldehyde Air Sa m ple = $350 per sa m ple
Additional Bacteria Sa m ple = $200 per sa m ple
M old Inspection with Report & 4 Sa m ples $1000
Additional M old Sa m ple = $125 per sa m ple
Post Re m ediation Verification Report = $800 *Services perform ed or to be perform ed as indicated above are agreed to at
Asbestos Inspection with Report = $500 the tim e of contract, however, A Q A m ay perform additional services as
needed and not initially indicated above. Therefore, a supple m ental
Additional Asbestos Sa m ple = $150 per sa m ple
invoice(s) will be provided that shall serve to incorporate and constitute the
Lead Inspection with Report = $200 full scope of A Q A's assign m ent.
Additional Lead Sa m ple = $200
**This price reflects the estim ate for our Engineering Report with Repair
Fire Inspection with Report = $500
Plan for a single-fa mily residential property only. For additional buildings or
Additional Fire Sa m ple = $400 per sa m ple co m m ercial properties, prices vary fro m $5,000 and up.
Fire Report = $500
Fire, Soot, Char, Ash Sa m pling with Report = $400 Total Estim ate A m ount:
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Engineer Report with Repair Plan = $5,000**
VENUE SELECTION PLACE OF PAYMENT
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The Parties agree that A QA expressly reserves the rightto choose the venue for anylitigationthat may arise outofthereferenced invoice(s)forthe services performed by A QA in
connection withthe abovereferenced claim number,including but notlimitedto, Bay County,Florida, Orange County,Florida, orSeminole County,Florida,orany other county w here A Q A
resides.
F I C FORENSIC ENGINEERING DEFINTION
Forensic Engineering has been defined as “the investigation of failures ranging from serviceability to catastrophic w hich maylead tolegalactivity,including both civil and criminal”.It,
therefore,includestheinvestigation of materials, products, structures, orcomponentsthatfailor do notoperate orfunction asintended,causing personalinjury,damageto property,or
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economic loss. The Engineering reports created by A QA are intended in partas repair planstoidentifythe damage and set outthe proper method ofrepair.Thesereports are meantto
helptheproperty ow nerandtheircontractors infacilitatingthe properrepair andobtainanynecessary buildingpermits.
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YO U A RE A G REEIN G T O GIVE UP CE RTAIN RIG HTS YO U H AVE U N DE R
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YO U RINS U R A N CE P OLICY T O THIR DP A RTY, W HIC H M AY RES ULTIN
LITIG ATIO N A G AINST YO U R INS U RE R. PLE ASE RE A D A N D
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U N DE RSTA N D T HIS D O C U M E N T B EF O R E SIG NIN G IT. Y O U H A V E
T H E RIG H T T O C A N C EL T HIS A G R E E M E N T WIT H O U T P E N A LT Y
WIT HIN 14 D A YS A FT E R T H E D A T E T HIS A G R E E M E N T IS
E X E C U T E D, A T L E A ST 30 D AYS AFTE R THE D ATE W O R K O N THE
P R O PE RTY IS S C HE D ULE D T O C O M M E N CE IF THE ASSIG NEE H AS
N OT S U BSTA NTIALLY PE RF O R M E D, O R AT LE AST 30 D AYS AFTE R
THE EXE C UTIO N OF THE A G REE M E NT IF THE A G REE M E NT D O ES
N OT C O NTAIN C O M M E N CE M E NT D ATE A N D THE ASSIG NEE H AS
N OT BE G U N S U BSTA NTIAL W O R K O N THE P R O PE RTY. H O W EVE R,
YO U A RE O BLIG ATE D F O R P AY M E NT OF A NY C O N T R A C T E D W O R K
P E R F O R M E D B EF O R E T H E A G R E E M E N T IS RES CIN DE D.
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IN THE COUNTY COURT OF THE EIGHTEENTHJUDICIAL CIRCUIT IN AND FOR SEMINOLECOUNTY, FLORIDA CASE NO: 2024SC001911 THE KIDWELL GROUP LLC d/b/a AIR QUALITY ASSESSORS OF FLORIDA a/a/o Luis Galofre Plaintiff, L TYPTAP INSURANCE COMPANY IA Defendant. C COMPLAINT I COMES NOW the Plaintiff, THE KIDWELL GROUP LLC d/b/a AIR QUALITY F F ASSESSORS OF FLORIDA a/a/o Luis Galofre, by and through its undersigned attorney, and files this Complaint against the Defendant, TYPTAP INSURANCE COMPANY, hereinafter referred NO to as “TYPTAP INSURANCE COMPANY”, for Declaratory Relief and Breach of Contract and in furtherance thereof alleges as follows: U and costs. GENERAL ALLEGATIONS This is a claim for less than $5,000.00 dollars, exclusive of interest, attorney’s fees, At all times material hereto, the insured, Luis Galofre, was over the age of eighteen so as to be sui juris in all respects, and at all time material hereto was the owner of real property located at 129 Cadima Avenue Coral Gables FL , for which a policy of insurance, which provided property damage coverage, was placed with the Defendant, TYPTAP INSURANCE COMPANY, and for which insured was the intended and named beneficiary. At all times material hereto, Plaintiff maintained a place of business in SEMINOLE County, Florida, and demanded payment from the Defendant in SEMINOLECounty, Florida. That at all times material hereto, the Defendant, TYPTAP INSURANCE COMPANY, was a Florida corporation, duly licensed to transact business in the State of Florida as providers of homeowner’s insurance for a profit and maintained agents for the transaction of its customary business throughout the State of Florida including SEMINOLE County, Florida. The insured, Luis Galofre, purchased a policy of homeowner’s insurance which L was placed with Defendant, TYPTAP INSURANCE COMPANY IA The policy of insurance provided general homeowner’s coverage for the benefit of C the insured and included general liability and property damage coverage to protect the insured I against those losses covered by the subject policies. Plaintiff does not possess a copy of the F F policies. Defendant is in possession of said policies. The insured paid all policy premiums required to obtain and maintain this coverage NO with Defendant, TYPTAP INSURANCE COMPANY On or about 6/17/2022the insured’s home sustained a covered loss. U The insured timely notified Defendant of the existence of the claim. The policy of insurance referenced above, provided coverage to insured, and the Defendant is obligated to reimburse the insured for the damages, subject to any policy deductible. On or about 9/30/2022, the insured assigned the insurance benefits to Plaintiff as it relates to the services rendered by the Plaintiff to the insured. A copy of the assignment of benefits is attached hereto as Exhibit A Plaintiff likewise maintains standing as the real part in interest and through equitable assignment to enforce the terms of the policy and seek clarification of same. For reasons not specifically articulated, Defendant has denied the claim and/or offered to pay an inadequate amount of damages. COUNT I DECLARATORY RELIEF The Plaintiff re alleges and re affirms the allegations contained in paragraphs 1 through 13, as though fully alleged herein, and further alleges as follows: This is an action for declaratory judgment pursuant to Florida Statutes, Chapter 86 L with regard to the insurance coverage purchased by Plaintiff with Defendant, and a determination IA of the rights and obligations under the applicable policies of insurance. Defendant is improperly denying coverage to Plaintiff under the insurance contract I C or is improperly calculating the amount of damages caused by the loss at issue. F As such, Plaintiff is in doubt as to Plaintiff’s rights under the contracts of insurance F with Defendant, as related to the Defendant’s providing coverage for claims, and a duty to fully O compensate Plaintiff to the full extent of the loss, subject to any policy limitations. N Plaintiff has retained the undersigned firm to represent it in this action and has U agreed to pay a reasonable fee for said services. The Plaintiff is unsure as to its rights associated with these contracts, and of the Defendant’s obligations under the subject insurance policy, and Florida law. As such, Plaintiff is in need of the present declaration of rights under the subject insurance policies and Florida law. The law in effect at the time the subject policy of insurance incepted control the instant action and subsequent amendments do not apply retroactively. There is a present need for a court declaration as to the applicable law in effect for this matter and clarity as to the rights of the parties. The facts necessary for this Honorable Court to render Plaintiff’s declaration of rights are set forth in this Complaint and/or ascertainable by this Honorable Court. The Plaintiff’s right to recovery under the subject insurance policy is dependent upon this Court’s finding of facts and/or application of Florida law. The Defendant’s interests in this declaration are actual, present, adverse, and antagonistic in fact and/or law to Plaintiff’s interest. The Plaintiff has been compelled to retain the undersigned attorney and to pay that L attorney a reasonable fee. Further, Plaintiff is entitled to prevailing party attorneys’ fees pursuant IA to Florida Statute Section 627.428. C WHEREFORE, the Plaintiff moves this Honorable Court to take jurisdiction over the I parties above, the subject matter herein, and grant the Plaintiff the following relief: F F a. Declare that the laws that apply to the instant action are those that were in effect when the policy was incepted between the Defendant and the insured. NO Declare that any subsequent assignment and policy rights are likewise controlled by the laws in effect when the policy was incepted between the Defendant and the insured. U c. Declare that any subsequent amendments to 627.7152 do not apply retroactively as same is controlled by the laws in effect when the policy was incepted between the Defendant and the insured. Find that Plaintiff is entitled to the property damage coverage afforded it under the policy of insurance, as it relates to the respective claims addressed supra, and that Defendant has an obligation to fully compensate Plaintiff for all covered damages subject to any policy limitations and deductibles; e. Enter a Judgment in favor of Plaintiff and against the Defendant; f. Award the Plaintiff with declaratory relief requested; Enforce the terms, conditions, rights and/or obligations under the subject insurance policy in favor of the Plaintiff and against the Defendant including the obligation to fully compensate Plaintiff for all damages; Award the Plaintiff attorneys’ fees, legal assistant fees pursuant to Florida Statute §57.104, interest, statutory penalties and costs pursuant to Florida Statute §627.428 for the necessity of this action and in defending the other actions; and L i. Grant any other relief this Court deems just and appropriate. IA COUNT II C BREACH OF CONTRACT F I The Plaintiff re alleges and re affirms the allegations contained in paragraphs 1 F through 13, as though fully alleged herein. This is a cause of action for breach of insurance contract. NO At all times material hereto, the insurance premiums required for these insurance contracts were paid. U Plaintiff performed all conditions precedent necessary to invoke coverage under these insurance contracts. In denying coverage, or improperly attempting to limit the recovery of Plaintiff by not compensating Plaintiff for the full amount of the damages, Defendant has breached the insurance contract. The Plaintiff has been compelled to retain the undersigned attorney and has agreed to pay that attorney a reasonable fee, and Plaintiff is entitled to prevailing party attorneys’ fees pursuant to Florida Statute Section 627.428 for those fees in prosecuting this action and in defending the other claims while this action was pending. Plaintiff hereby demands a trial by jury on all issues so triable, and any other such relief the Court deems just and appropriate. WHEREFORE, Plaintiff, THE KIDWELL GROUP LLC d/b/a AIR QUALITY ASSESSORS OF FLORIDA a/a/o Luis Galofre, prays for a judgment for damages against the Defendant, interest, costs and attorneys’ fees. Plaintiff hereby demands a trial by jury on all issues L so triable, and any other such relief the Court deems just and appropriate. IA CERTIFICATE OF SERVICE C I HEREBY CERTIFYthat on this April 4, 2024, I electronically filed the foregoing with I the Clerk of Court by using the ECF system, which will send a notice to all counsel of record. F /s/ William S England________ F William S England Fla. Bar No.: Chad A. Barr, Esquire O Fla. Bar No.: 55365 Law Office of Chad A. Barr, P.A. N 238 N. Westmonte Dr., Suite 200 Altamonte Springs, Florida 32714 U Telephone: (407) 599 9036 wseservice@chadbarrlaw.com(Primary) will@chadbarrlaw.com(Secondary) IAL F I C O F U N IAL F I C Engineer Report with repair plan. Quantity 1.00 Total Price $5,000.00 O F U N but not IAL F I C 3 bu O F U N GOOD FAITH ITEMIZED PER UNIT COST ESTIMATE (THIS IS ONLY AN ESTIM ATE, THE FINAL INVOICE M AY DIFFER) Initial W ater Da m age Assess m ent with Category Determination= $2,000 Leak Detection Report = $1,500 W ater Da m age Assess m ent with Category Determination with Form aldehyde Bulk Sa m ple = $500 per sa m ple Bacteria Sa m pling= $2,000 V O C/Form aldehyde Air Sa m ple = $350 per sa m ple Additional Bacteria Sa m ple = $200 per sa m ple M old Inspection with Report & 4 Sa m ples $1000 Additional M old Sa m ple = $125 per sa m ple Post Re m ediation Verification Report = $800 *Services perform ed or to be perform ed as indicated above are agreed to at Asbestos Inspection with Report = $500 the tim e of contract, however, A Q A m ay perform additional services as needed and not initially indicated above. Therefore, a supple m ental Additional Asbestos Sa m ple = $150 per sa m ple invoice(s) will be provided that shall serve to incorporate and constitute the Lead Inspection with Report = $200 full scope of A Q A's assign m ent. Additional Lead Sa m ple = $200 **This price reflects the estim ate for our Engineering Report with Repair Fire Inspection with Report = $500 Plan for a single-fa mily residential property only. For additional buildings or Additional Fire Sa m ple = $400 per sa m ple co m m ercial properties, prices vary fro m $5,000 and up. Fire Report = $500 Fire, Soot, Char, Ash Sa m pling with Report = $400 Total Estim ate A m ount: L Engineer Report with Repair Plan = $5,000** VENUE SELECTION PLACE OF PAYMENT IA The Parties agree that A QA expressly reserves the rightto choose the venue for anylitigationthat may arise outofthereferenced invoice(s)forthe services performed by A QA in connection withthe abovereferenced claim number,including but notlimitedto, Bay County,Florida, Orange County,Florida, orSeminole County,Florida,orany other county w here A Q A resides. F I C FORENSIC ENGINEERING DEFINTION Forensic Engineering has been defined as “the investigation of failures ranging from serviceability to catastrophic w hich maylead tolegalactivity,including both civil and criminal”.It, therefore,includestheinvestigation of materials, products, structures, orcomponentsthatfailor do notoperate orfunction asintended,causing personalinjury,damageto property,or F economic loss. The Engineering reports created by A QA are intended in partas repair planstoidentifythe damage and set outthe proper method ofrepair.Thesereports are meantto helptheproperty ow nerandtheircontractors infacilitatingthe properrepair andobtainanynecessary buildingpermits. O YO U A RE A G REEIN G T O GIVE UP CE RTAIN RIG HTS YO U H AVE U N DE R N YO U RINS U R A N CE P OLICY T O THIR DP A RTY, W HIC H M AY RES ULTIN LITIG ATIO N A G AINST YO U R INS U RE R. PLE ASE RE A D A N D U U N DE RSTA N D T HIS D O C U M E N T B EF O R E SIG NIN G IT. Y O U H A V E T H E RIG H T T O C A N C EL T HIS A G R E E M E N T WIT H O U T P E N A LT Y WIT HIN 14 D A YS A FT E R T H E D A T E T HIS A G R E E M E N T IS E X E C U T E D, A T L E A ST 30 D AYS AFTE R THE D ATE W O R K O N THE P R O PE RTY IS S C HE D ULE D T O C O M M E N CE IF THE ASSIG NEE H AS N OT S U BSTA NTIALLY PE RF O R M E D, O R AT LE AST 30 D AYS AFTE R THE EXE C UTIO N OF THE A G REE M E NT IF THE A G REE M E NT D O ES N OT C O NTAIN C O M M E N CE M E NT D ATE A N D THE ASSIG NEE H AS N OT BE G U N S U BSTA NTIAL W O R K O N THE P R O PE RTY. H O W EVE R, YO U A RE O BLIG ATE D F O R P AY M E NT OF A NY C O N T R A C T E D W O R K P E R F O R M E D B EF O R E T H E A G R E E M E N T IS RES CIN DE D.