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Filing # 195923397 E-Filed 04/10/2024 03:57:31 PM DIN: 3
IN THE CIRCUIT COURT OF THE
SIXTH JUDICIAL CIRCUIT IN AND
FOR PASCO COUNTY, FLORIDA
CASE NUMBER:
WILLIAM WALLACK AND
MARYANN WALLACK,
Plaintiffs,
Vv.
UNIVERSAL PROPERTY &
CASUALTY INSURANCE COMPANY,
Defendant.
/
COMPLAINT & DEMAND FOR JURY TRIAL
COMES NOW, Plaintiffs, William Wallack and Maryann Wallack, by and through the
undersigned counsel and sues Defendant, Universal Property & Casualty Insurance Company, and
alleges as follows:
1 This is an action for breach of contract with damages greater than Fifty Thousand
Dollars ($50,000.00), exclusive of interest, costs, and attorney’s fees.
2 At all material times hereto, Plaintiffs, William Wallack and Maryann Wallack
(hereinafter “Plaintiffs”), were and are Florida residents.
3 At all material times hereto, Defendant, Universal Property and Casualty Insurance
Company, was a corporation duly licensed to transact insurance business in the State of Florida.
Defendant does business, has offices, and/or maintained agents for the transaction of its customary
business in Pasco County, Florida.
4 Jurisdiction and venue of this matter are proper in Circuit Court for Pasco County,
Florida.
Electronically Filed Pasco Case # 2024CA000985CAAXES 04/10/2024 03:57:31 PM
5 Plaintiffs sought and purchased property insurance from Defendant to cover their
property located at 23429 Shining Star Drive, Land O Lakes, FL 34639 (hereinafter “Plaintiffs’
Property”).
6. The policy of insurance, policy number 150116027850 (hereinafter “Plaintiffs”
Policy”), was issued by Defendant to Plaintiffs to provide insurance coverage to Plaintiff's
Property.
7
Plaintiffs’ Policy was in full force and effect from June 10, 2022 to June 10, 2023.
8 A formal copy of the Plaintiffs’ Policy is not currently in the possession of
Plaintiffs, but is well known to Defendant, and has been requested by Plaintiffs through a Request
to Produce, which has been served upon Defendant contemporaneously with this Complaint. See:
Equity Premium, Inc. v. Twin City Fire Ins. Co., 956 So.2d 1257 (Fla 4th DCA 2007); Amiker v.
Mid-Century Ins. Co., 398 So.2d 974 (Fla 1st DCA 1981); Parkway General Hospital, Inc. v.
Allstate Ins. Co., 393 So.2d 1171 (Fla. 3rd DCA 1981) and Sasche v. Tampa Music Co., 262 So.2d
17( Fla. 2nd DCA 1972).
9 While the policy was in effect, Plaintiffs’ Property was damaged by a storm.
10. Plaintiffs reported the damage to Defendant, and Defendant assigned claim number
FL23-0122975 and a date of loss of June 4, 2023.
11. This is an action related to Defendant’s breach of contract for failure to fully
indemnify Plaintiffs from loss.
COUNT I - BREACH OF CONTRACT AGAINST DEFENDANT
COMES NOW, Plaintiffs, William Wallack and Maryann Wallack, by and through the
undersigned counsel and sue Defendant, Universal Property and Casualty Insurance Company,
and alleges as follows:
12. Plaintiffs re-alleges paragraphs | through 11 above and incorporates the same by
reference herein.
13. Plaintiffs are a named insureds under Plaintiffs’ Policy which was in full force and
effect all times material to this Complaint.
14. Plaintiffs have complied with all conditions precedent to this lawsuit which entitles
Plaintiffs to recover under Plaintiffs’ Policy, or any such conditions have been waived by the
Defendant.
1S. Despite demand for payment, Defendant has failed or refused fully indemnify
Plaintiffs from the amount of loss.
16. Defendant’s refusal to reimburse Plaintiffs adequately for damages, and otherwise
make Plaintiffs whole, constitutes a breach of contract.
17. Plaintiffs have been damaged as a result of Defendant’s breach in the form of
insurance proceeds which have not been paid, interest, costs, and attorney’s fees.
18. As a result of Defendant’s breach of contract, it has become necessary that Plaintiffs
retain the services of the undersigned attorneys pursuant to Sections 627.70152 (July 1, 2021),
627.428 (July 1, 2021), 626.9373 (July 1, 2021), 57.041, 57.104, Florida Statutes. Plaintiffs are
obligated to pay a reasonable fee for the undersigned attorney’s services in bringing this action,
plus necessary costs.
19. Plaintiffs are entitled to recover attorney’s fees and costs under Sections 627.70152
(July 1, 2021), 627.428 (July 1, 2021), 626.9373 (July 1, 2021), 57.041, 57.104, Florida Statutes.
WHEREFORE, Plaintiffs, William Wallack and Maryann Wallack, by and through the
undersigned counsel, demands judgment against Defendant, Universal Property & Casualty
Insurance Company, for all damages with interest, costs, attorney fees pursuant to Sections
627.70152 (July 1, 2021), 627.428 (July 1, 2021), 626.9373 (July 1, 2021), 57.041, 57.104,
Florida Statutes, and for all other remedies the Court sees fit to grant, and Plaintiffs demand trial
by jury.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this document will be served on
Defendant along with the Summons in this action.
Date: April 10, 2024
/s/Tammy Hammack-Barber
COHEN LAW GROUP
Tammy Hammack-Barber, Esq.
Florida Bar Number: 105976
FOR THE FIRM
350 North Lake Destiny Road
Maitland, Florida 32751
Phone: (407) 478-4878
Fax: (407) 478-0204
Primary: thammack@itsaboutjustice.law
Secondary: stephanie.nicholson@itsaboutjustice.law
Preview
Filing # 195923397 E-Filed 04/10/2024 03:57:31 PM DIN: 3 IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO COUNTY, FLORIDA CASE NUMBER: WILLIAM WALLACK AND MARYANN WALLACK, Plaintiffs, Vv. UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. / COMPLAINT & DEMAND FOR JURY TRIAL COMES NOW, Plaintiffs, William Wallack and Maryann Wallack, by and through the undersigned counsel and sues Defendant, Universal Property & Casualty Insurance Company, and alleges as follows: 1 This is an action for breach of contract with damages greater than Fifty Thousand Dollars ($50,000.00), exclusive of interest, costs, and attorney’s fees. 2 At all material times hereto, Plaintiffs, William Wallack and Maryann Wallack (hereinafter “Plaintiffs”), were and are Florida residents. 3 At all material times hereto, Defendant, Universal Property and Casualty Insurance Company, was a corporation duly licensed to transact insurance business in the State of Florida. Defendant does business, has offices, and/or maintained agents for the transaction of its customary business in Pasco County, Florida. 4 Jurisdiction and venue of this matter are proper in Circuit Court for Pasco County, Florida. Electronically Filed Pasco Case # 2024CA000985CAAXES 04/10/2024 03:57:31 PM 5 Plaintiffs sought and purchased property insurance from Defendant to cover their property located at 23429 Shining Star Drive, Land O Lakes, FL 34639 (hereinafter “Plaintiffs’ Property”). 6. The policy of insurance, policy number 150116027850 (hereinafter “Plaintiffs” Policy”), was issued by Defendant to Plaintiffs to provide insurance coverage to Plaintiff's Property. 7 Plaintiffs’ Policy was in full force and effect from June 10, 2022 to June 10, 2023. 8 A formal copy of the Plaintiffs’ Policy is not currently in the possession of Plaintiffs, but is well known to Defendant, and has been requested by Plaintiffs through a Request to Produce, which has been served upon Defendant contemporaneously with this Complaint. See: Equity Premium, Inc. v. Twin City Fire Ins. Co., 956 So.2d 1257 (Fla 4th DCA 2007); Amiker v. Mid-Century Ins. Co., 398 So.2d 974 (Fla 1st DCA 1981); Parkway General Hospital, Inc. v. Allstate Ins. Co., 393 So.2d 1171 (Fla. 3rd DCA 1981) and Sasche v. Tampa Music Co., 262 So.2d 17( Fla. 2nd DCA 1972). 9 While the policy was in effect, Plaintiffs’ Property was damaged by a storm. 10. Plaintiffs reported the damage to Defendant, and Defendant assigned claim number FL23-0122975 and a date of loss of June 4, 2023. 11. This is an action related to Defendant’s breach of contract for failure to fully indemnify Plaintiffs from loss. COUNT I - BREACH OF CONTRACT AGAINST DEFENDANT COMES NOW, Plaintiffs, William Wallack and Maryann Wallack, by and through the undersigned counsel and sue Defendant, Universal Property and Casualty Insurance Company, and alleges as follows: 12. Plaintiffs re-alleges paragraphs | through 11 above and incorporates the same by reference herein. 13. Plaintiffs are a named insureds under Plaintiffs’ Policy which was in full force and effect all times material to this Complaint. 14. Plaintiffs have complied with all conditions precedent to this lawsuit which entitles Plaintiffs to recover under Plaintiffs’ Policy, or any such conditions have been waived by the Defendant. 1S. Despite demand for payment, Defendant has failed or refused fully indemnify Plaintiffs from the amount of loss. 16. Defendant’s refusal to reimburse Plaintiffs adequately for damages, and otherwise make Plaintiffs whole, constitutes a breach of contract. 17. Plaintiffs have been damaged as a result of Defendant’s breach in the form of insurance proceeds which have not been paid, interest, costs, and attorney’s fees. 18. As a result of Defendant’s breach of contract, it has become necessary that Plaintiffs retain the services of the undersigned attorneys pursuant to Sections 627.70152 (July 1, 2021), 627.428 (July 1, 2021), 626.9373 (July 1, 2021), 57.041, 57.104, Florida Statutes. Plaintiffs are obligated to pay a reasonable fee for the undersigned attorney’s services in bringing this action, plus necessary costs. 19. Plaintiffs are entitled to recover attorney’s fees and costs under Sections 627.70152 (July 1, 2021), 627.428 (July 1, 2021), 626.9373 (July 1, 2021), 57.041, 57.104, Florida Statutes. WHEREFORE, Plaintiffs, William Wallack and Maryann Wallack, by and through the undersigned counsel, demands judgment against Defendant, Universal Property & Casualty Insurance Company, for all damages with interest, costs, attorney fees pursuant to Sections 627.70152 (July 1, 2021), 627.428 (July 1, 2021), 626.9373 (July 1, 2021), 57.041, 57.104, Florida Statutes, and for all other remedies the Court sees fit to grant, and Plaintiffs demand trial by jury. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this document will be served on Defendant along with the Summons in this action. Date: April 10, 2024 /s/Tammy Hammack-Barber COHEN LAW GROUP Tammy Hammack-Barber, Esq. Florida Bar Number: 105976 FOR THE FIRM 350 North Lake Destiny Road Maitland, Florida 32751 Phone: (407) 478-4878 Fax: (407) 478-0204 Primary: thammack@itsaboutjustice.law Secondary: stephanie.nicholson@itsaboutjustice.law