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Filing # 104479936 E-Filed 03/06/2020 01:56:43 PM
IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT IN AND
FOR BROWARD COUNTY, FLORIDA
FRANCKY MERTIL and
MARTH ETIENNE, CASE NO.: CACE-19-025657
Plaintiff,
Vv.
CITIZENS PROPERTY INSURANCE
CORPORATION,
Defendant,
AMENDED COMPLAINT
Plaintiffs, FRANCKY MERTIL and MARTH ETIENNE (the “Insureds””), hereby sue
Defendant, CITIZENS PROPERTY INSURANCE CORPORATION (the “Insurance Company”),
and alleges as follows:
RTIES, JURISDICTION AND VENUE
1. This is an action for damages that exceeds Fifteen Thousand and 00/100 Dollars
($15,000.00), exclusive of interest, costs and attorney’s fees and equitable relief by way of a
Declaratory Judgment action.
2. The Insureds are individuals who at all times material hereto have resided in
Broward County, Florida.
3. The Insurance Company is a governmental entity qualified to do business in
Florida and has, at all times material hereto, been conducting business in Broward County,
Florida.
[3557084/1]
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 03/06/2020 01:56:43 PM.****4. Venue is proper in Broward County, Florida because the contract, which forms
the subject matter of this lawsuit, was executed in Broward County, Florida.
5. All conditions precedent to the filing of this lawsuit have occurred, have been
waived or have been performed.
GENERAL ALLEGATIONS
6. At all times material hereto, in consideration of a premium paid by the Insureds,
there was in full force and effect a certain homeowners insurance policy issued by the Insurance
Company with a policy number of 02786998 (the “Policy”).
7. The Insureds after diligent search and expending all efforts to locate a copy of the
Policy has not been able to do so. However, the Insurance Company must have a copy of said
Policy in its possession; as such the Insureds will file a copy of the Policy after the same is
provided by the Insurance Company.
8. Accordingly, under the terms of the Policy, the Insurance Company agreed to
provide insurance coverage to the Insureds’ property against certain losses. The damaged
property is located at 9610 Dunhill Dr., Miramar, FL 33025 (the “Property”).
9. On or about January 31, 2019, while the Policy was in full force and effect, the
Property sustained a covered loss as a result of sudden and accidental failure of the plumbing
system. (The “Loss”).
10. The Insurance Company assigned claim number HE 1 to the Loss.
11. Subsequently, on or about February 11, 2019, the Insurance Company informed
the Insureds that it was denying coverage for the Loss on the basis that it was not covered by the
Policy. However, after diligent inspection of the Loss, it was obvious that the Property sustained
[3557084/1]damage, which the Insurance Company agreed to provide coverage for under the terms of the
Policy.
12. The Insureds have suffered and continue to suffer damages resulting from
Insurance Company’s breach of the Policy.
13. The Insureds have been obligated to retain the undersigned attorneys for the
prosecution of this action and is entitled to a reasonable attorney’s fee pursuant to Florida Statute
Section 627.428.
COUNTI
BREACH OF CONTRACT
14. The Insureds reincorporate paragraphs 1 through 13 as if fully set forth herein.
15. It is undisputed that the Insureds and the Insurance Company entered into a
written contract, the Policy, wherein the Insureds agreed to pay a premium and the Insurance
Company agreed to insure the Insured’s Property.
16. The Insureds have paid all premiums due and owing as contemplated by the
Policy; thus, fully performing its obligations under the Policy.
17. The Insureds Property sustained damage, which the Insurance Company agreed
to provide coverage for under the terms of the Policy.
18. Furthermore, at all times material hereto, the Insureds have satisfied all post-loss
obligations to the best of its ability in accordance with the Policy.
19. In contrast, the Insurance Company has failed to: (i) acknowledge coverage for
the Loss; and/or (ii) acknowledge that payment would be forthcoming; and/or (iii) make any
[3557084/1]payment of insurance proceeds to the Insureds. As a result of the foregoing, the Insurance
Company has breached the Policy.
20. Asadirect and proximate result of the Insurance Company’s breach of the Policy,
the Insureds have sustained damages.
WHEREFORE, the Insureds respectfully requests that this Court enter judgment against
the Insurance Company for damages, plus interest, court costs and reasonable attorney’s fees
pursuant to Section 627.428, Florida Statutes.
JURY TRIAL DEMAND
Plaintiffs hereby demand a trial by jury on all issues so triable.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served via E-Service and
the Florida E-Filing Portal to on this 5th day of March 2020.
Marin, Eljaiek, Lopez & Martinez P.L.
Counsel for the Insured
2601 South Bayshore Drive, 18th Floor
Coconut Grove, Florida 33133
Telephone No. (305) 444-5969
Facsimile No. (305) 444-1939
Email: Mellaw1@mellawyers.com
Secondary Email: Eservice@mellawyers.com
By. ___Kaneily A. Valdes __
Kaneily A. Valdes, Esq.
Florida Bar No. 1003825
[3557084/1]
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Filing # 104479936 E-Filed 03/06/2020 01:56:43 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA FRANCKY MERTIL and MARTH ETIENNE, CASE NO.: CACE-19-025657 Plaintiff, Vv. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant, AMENDED COMPLAINT Plaintiffs, FRANCKY MERTIL and MARTH ETIENNE (the “Insureds””), hereby sue Defendant, CITIZENS PROPERTY INSURANCE CORPORATION (the “Insurance Company”), and alleges as follows: RTIES, JURISDICTION AND VENUE 1. This is an action for damages that exceeds Fifteen Thousand and 00/100 Dollars ($15,000.00), exclusive of interest, costs and attorney’s fees and equitable relief by way of a Declaratory Judgment action. 2. The Insureds are individuals who at all times material hereto have resided in Broward County, Florida. 3. The Insurance Company is a governmental entity qualified to do business in Florida and has, at all times material hereto, been conducting business in Broward County, Florida. [3557084/1] *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 03/06/2020 01:56:43 PM.****4. Venue is proper in Broward County, Florida because the contract, which forms the subject matter of this lawsuit, was executed in Broward County, Florida. 5. All conditions precedent to the filing of this lawsuit have occurred, have been waived or have been performed. GENERAL ALLEGATIONS 6. At all times material hereto, in consideration of a premium paid by the Insureds, there was in full force and effect a certain homeowners insurance policy issued by the Insurance Company with a policy number of 02786998 (the “Policy”). 7. The Insureds after diligent search and expending all efforts to locate a copy of the Policy has not been able to do so. However, the Insurance Company must have a copy of said Policy in its possession; as such the Insureds will file a copy of the Policy after the same is provided by the Insurance Company. 8. Accordingly, under the terms of the Policy, the Insurance Company agreed to provide insurance coverage to the Insureds’ property against certain losses. The damaged property is located at 9610 Dunhill Dr., Miramar, FL 33025 (the “Property”). 9. On or about January 31, 2019, while the Policy was in full force and effect, the Property sustained a covered loss as a result of sudden and accidental failure of the plumbing system. (The “Loss”). 10. The Insurance Company assigned claim number HE 1 to the Loss. 11. Subsequently, on or about February 11, 2019, the Insurance Company informed the Insureds that it was denying coverage for the Loss on the basis that it was not covered by the Policy. However, after diligent inspection of the Loss, it was obvious that the Property sustained [3557084/1]damage, which the Insurance Company agreed to provide coverage for under the terms of the Policy. 12. The Insureds have suffered and continue to suffer damages resulting from Insurance Company’s breach of the Policy. 13. The Insureds have been obligated to retain the undersigned attorneys for the prosecution of this action and is entitled to a reasonable attorney’s fee pursuant to Florida Statute Section 627.428. COUNTI BREACH OF CONTRACT 14. The Insureds reincorporate paragraphs 1 through 13 as if fully set forth herein. 15. It is undisputed that the Insureds and the Insurance Company entered into a written contract, the Policy, wherein the Insureds agreed to pay a premium and the Insurance Company agreed to insure the Insured’s Property. 16. The Insureds have paid all premiums due and owing as contemplated by the Policy; thus, fully performing its obligations under the Policy. 17. The Insureds Property sustained damage, which the Insurance Company agreed to provide coverage for under the terms of the Policy. 18. Furthermore, at all times material hereto, the Insureds have satisfied all post-loss obligations to the best of its ability in accordance with the Policy. 19. In contrast, the Insurance Company has failed to: (i) acknowledge coverage for the Loss; and/or (ii) acknowledge that payment would be forthcoming; and/or (iii) make any [3557084/1]payment of insurance proceeds to the Insureds. As a result of the foregoing, the Insurance Company has breached the Policy. 20. Asadirect and proximate result of the Insurance Company’s breach of the Policy, the Insureds have sustained damages. WHEREFORE, the Insureds respectfully requests that this Court enter judgment against the Insurance Company for damages, plus interest, court costs and reasonable attorney’s fees pursuant to Section 627.428, Florida Statutes. JURY TRIAL DEMAND Plaintiffs hereby demand a trial by jury on all issues so triable. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served via E-Service and the Florida E-Filing Portal to on this 5th day of March 2020. Marin, Eljaiek, Lopez & Martinez P.L. Counsel for the Insured 2601 South Bayshore Drive, 18th Floor Coconut Grove, Florida 33133 Telephone No. (305) 444-5969 Facsimile No. (305) 444-1939 Email: Mellaw1@mellawyers.com Secondary Email: Eservice@mellawyers.com By. ___Kaneily A. Valdes __ Kaneily A. Valdes, Esq. Florida Bar No. 1003825 [3557084/1]