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Filing # 196701877 E-Filed 04/22/2024 01:53:36 PM
MARIA SILVIA BAUTISTA IN THE CIRCUIT COURT OF THE 20th
JUAREZ AND JOSE L ALBINO JUDICIAL CIRCUIT IN AND FOR LEE
LUCAS, (DECEASED) COUNTY, FLORIDA.
Plaintiffs,
CASE NO:
Vv.
HERITAGE PROPERTY & CASUALTY
INSURANCE COMPANY,
Defendant.
COMPLAINT
COMES NOW, the Plaintiffs MARIA SILVIA BAUTISTA JUAREZ AND JOSE L
ALBINO LUCAS (DECEASED) and through the undersigned counsel and hereby files this
Complaint against the Defendant, HERITAGE PROPERTY & CASUALTY INSURANCE
COMPANY, and as grounds. therefore, state as follows:
1 That this is an action for damages excess FIFTY THOUSAND DOLLARS
($50,000,00 ) exclusive of interest, attorney fees and costs, and is otherwise within the
jurisdictional limits of this Court.
2 That at all times material hereto the Defendant was an insurance company
authorized to do business in the State of Florida and doing business in LEE COUNTY,
FLORIDA.
3 That at all times material hereto the Plaintiffs was and is a resident of
LEE COUNTY, FLORIDA, and are otherwise sui juris.
4 That at all times material hereto, Plaintiffs and Defendant had a policy of insurance,
Policy Number HOH295884 on Plaintiffs’ residence located at 18626 Coconut Road, Fort Myers,
Florida 33967 which afforded various types of coverages including coverage for damage to dwelling,
other structures, personal property, and for loss of use. Plaintiffs are not in possession of a copy of the policy
but believe one to be in Defendant’s possession.
eFiled Lee County Clerk of Courts Page 1
5 During the policy period the above-described property was damaged as the result
Wind Damage that occurred on or about September 28", 2022, Defendant acknowledged claim
and assigned claim No H108276
6. As a result of this incident, the Plaintiffs suffered damages to the building on the
subject property, damage to contents, and loss of use ofthe property and possessions.
7
The Plaintiffs have furnished the Defendant with timely notice of the loss, proof of
claim and have otherwise performed all conditions precedent to recover under the policy and under
the applicable Florida Statutes, but the Defendant has refused and continues to refuse to pay either
part or all of the Plaintiffs’ claim.
COUNT I— BREACH OF CONTRACT
Plaintiffs readopt and re-allege Paragraphs | through 7 above as if fully stated herein, and
further alleges as follows:
8 That the Defendant’s denial of coverage and refusal to pay the full amount of the
claim was contrary to the terms of the policy and/or Florida law and was a breach of said contract
of insurance.
9 The Plaintiffs have been damaged by the Defendant’s breach of said contract of
insurance by having not been compensated for the damage sustained to the building on the subject
property, damage to contents, and loss of use of the property and possessions taken from therein.
10. That as a direct and proximate result of the Defendant’s refusal to pay the Plaintiffs’
claim, the Plaintiffs have been required to retain the services of the undersigned attorneys to
represent and protect the Plaintiffs’ interest and Plaintiffs have become obliged to pay them a
reasonable fee for their services in bringing this action.
eFiled Lee County Clerk of Courts Page 2
11. In the event that the Plaintiffs prevail in this action, Plaintiffs are entitled to an
award of attorney fees and costs pursuant to Florida Statute Section 627.428 or other Florida law.
WHEREFORE, the MARIA SILVIA BAUTISTA JUAREZ AND JOSE L ALBINO
LUCAS,(DECEASED) demand judgment against the Defendant, HERITAGE PROPERTY &
CASUALTY INSURANCE COMPANY, for damages including but not limited to damage to the
building, contents, loss of use, interest allowed by law, and reasonable attorney fees and costs pursuant
to Florida Statute Section
627.428 or other Florida law, and the Plaintiffs’ demand trial by jury of all issues triable as a matter of
right by jury.
DEMAND FOR JURY TRIAL
Plaintiffs demands trial by jury of all issues to triable as a matter of right.
Dated this Monday 22nd day of April,2024.
By://Lourdes Bloomfield
Lourdes Bloomfield, Esq.
Florida Bar No. 125154
BLOOMFIELD|ROS PLLC
Counsel for Plaintiffs
3399 NW 72 Ave, Suite 208B
Miami, FL 33122
E-mail: roxana@bloomfieldros.com
Secondary E-mail: lourdes@bloomfieldros.com
Office: (786) 204-3330
Facsimile: (786) 219-5319
eFiled Lee County Clerk of Courts Page 3
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Filing # 196701877 E-Filed 04/22/2024 01:53:36 PM MARIA SILVIA BAUTISTA IN THE CIRCUIT COURT OF THE 20th JUAREZ AND JOSE L ALBINO JUDICIAL CIRCUIT IN AND FOR LEE LUCAS, (DECEASED) COUNTY, FLORIDA. Plaintiffs, CASE NO: Vv. HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. COMPLAINT COMES NOW, the Plaintiffs MARIA SILVIA BAUTISTA JUAREZ AND JOSE L ALBINO LUCAS (DECEASED) and through the undersigned counsel and hereby files this Complaint against the Defendant, HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY, and as grounds. therefore, state as follows: 1 That this is an action for damages excess FIFTY THOUSAND DOLLARS ($50,000,00 ) exclusive of interest, attorney fees and costs, and is otherwise within the jurisdictional limits of this Court. 2 That at all times material hereto the Defendant was an insurance company authorized to do business in the State of Florida and doing business in LEE COUNTY, FLORIDA. 3 That at all times material hereto the Plaintiffs was and is a resident of LEE COUNTY, FLORIDA, and are otherwise sui juris. 4 That at all times material hereto, Plaintiffs and Defendant had a policy of insurance, Policy Number HOH295884 on Plaintiffs’ residence located at 18626 Coconut Road, Fort Myers, Florida 33967 which afforded various types of coverages including coverage for damage to dwelling, other structures, personal property, and for loss of use. Plaintiffs are not in possession of a copy of the policy but believe one to be in Defendant’s possession. eFiled Lee County Clerk of Courts Page 1 5 During the policy period the above-described property was damaged as the result Wind Damage that occurred on or about September 28", 2022, Defendant acknowledged claim and assigned claim No H108276 6. As a result of this incident, the Plaintiffs suffered damages to the building on the subject property, damage to contents, and loss of use ofthe property and possessions. 7 The Plaintiffs have furnished the Defendant with timely notice of the loss, proof of claim and have otherwise performed all conditions precedent to recover under the policy and under the applicable Florida Statutes, but the Defendant has refused and continues to refuse to pay either part or all of the Plaintiffs’ claim. COUNT I— BREACH OF CONTRACT Plaintiffs readopt and re-allege Paragraphs | through 7 above as if fully stated herein, and further alleges as follows: 8 That the Defendant’s denial of coverage and refusal to pay the full amount of the claim was contrary to the terms of the policy and/or Florida law and was a breach of said contract of insurance. 9 The Plaintiffs have been damaged by the Defendant’s breach of said contract of insurance by having not been compensated for the damage sustained to the building on the subject property, damage to contents, and loss of use of the property and possessions taken from therein. 10. That as a direct and proximate result of the Defendant’s refusal to pay the Plaintiffs’ claim, the Plaintiffs have been required to retain the services of the undersigned attorneys to represent and protect the Plaintiffs’ interest and Plaintiffs have become obliged to pay them a reasonable fee for their services in bringing this action. eFiled Lee County Clerk of Courts Page 2 11. In the event that the Plaintiffs prevail in this action, Plaintiffs are entitled to an award of attorney fees and costs pursuant to Florida Statute Section 627.428 or other Florida law. WHEREFORE, the MARIA SILVIA BAUTISTA JUAREZ AND JOSE L ALBINO LUCAS,(DECEASED) demand judgment against the Defendant, HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY, for damages including but not limited to damage to the building, contents, loss of use, interest allowed by law, and reasonable attorney fees and costs pursuant to Florida Statute Section 627.428 or other Florida law, and the Plaintiffs’ demand trial by jury of all issues triable as a matter of right by jury. DEMAND FOR JURY TRIAL Plaintiffs demands trial by jury of all issues to triable as a matter of right. Dated this Monday 22nd day of April,2024. By://Lourdes Bloomfield Lourdes Bloomfield, Esq. Florida Bar No. 125154 BLOOMFIELD|ROS PLLC Counsel for Plaintiffs 3399 NW 72 Ave, Suite 208B Miami, FL 33122 E-mail: roxana@bloomfieldros.com Secondary E-mail: lourdes@bloomfieldros.com Office: (786) 204-3330 Facsimile: (786) 219-5319 eFiled Lee County Clerk of Courts Page 3