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. Case Number: CACE-18-000471 Division: 13
Filing # 66245354 E-Filed 01/08/2018 03:38:09 PM
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
BRIAN MILES and RENEE MILES,
CASE NO.:
Plaintiffs,
Vv.
UNIVERSAL PROPERTY & CASUALTY
INSURANCE COMPANY,
Defendant.
/
COMPLAINT
Plaintiffs, BRIAN MILES and RENEE MILES (collectively referred to hereafter as the
“Insured”), hereby sue Defendant, UNIVERSAL PROPERTY & CASUALTY INSURANCE
COMPANY (the “Insurance Company”), and allege as follows:
PARTIES, 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 Insured are individuals who at all times material hereto have resided in
Broward County, Florida.
3. The Insurance Company is a Florida corporation qualified to do business in Florida
and has, at all times material hereto, been conducting business in Broward County, Florida.
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.
[1709208/1]
*4* FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 1/8/2018 3:38:08 PM.****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 Insured,
there was in full force and effect a certain homeowners insurance policy issued by the Insurance
Company with a policy number of| a: “Policy”).
7. The Insured after diligent search and expending all efforts to locate a copy of the
Policy have not been able to do so. However, the Insurance Company must have a copy of said
Policy in its possession; as such the Insured will file a copy of the Policy after the same is provided
by the Insurance Company.
8. The damaged property is located at 450 SE 16th Ave, Pompano Beach, FL 33060
(the “Property”).
9. Pursuant to the terms of the Policy, the Insurance Company agreed to provide
insurance coverage to the Insured’s Property for all risks unless specifically excluded by the terms
of the Policy.
10. On or about September 10, 2017, while the Policy was in full force and effect, the
Property sustained a covered loss as a result of Hurricane Irma (the “Loss”).
11. The Insurance Company assigned claim number FL17-0118216-E316 to the Loss.
12. The Insurance Company acknowledged that the Property sustained a covered Loss
and offered payment.
13. However, after diligent inspection of the Loss, it was obvious that the Property
sustained covered damages greater than the damages acknowledged by the Insurance Company.
[1709208/1]14. The Insurance Company’s finalization of its duty to adjust the loss with the Insured
is a condition precedent for the Insured to receive the insurance benefits that they are entitled to
under the terms of the Policy.
15. As of the date of the filing of this lawsuit, the Insurance Company has failed to
acknowledge that additional payment would be forthcoming and it has failed to adequately provide
coverage under the terms of the Policy. As a result of the foregoing, the Insurance Company has
breached the Policy.
16. The Insured have suffered and continues to suffer damages resulting from Insurance
Company’s breach of the Policy.
17. | The Insured have been obligated to retain the undersigned attorneys for the
prosecution of this action and are entitled to a reasonable attorney’s fee pursuant to Florida Statute
Section 627.428.
COUNTI
BREACH OF CONTRACT
18. The Insured reincorporate paragraphs | through 17 as if fully set forth herein.
19. It is undisputed that the Insured and the Insurance Company entered into a written
contract, the Policy, wherein the Insured agreed to pay a premium and the Insurance Company
agreed to insure the Insured’s Property.
20. The Insured have paid all premiums due and owing as contemplated by the Policy;
thus, fully performing their obligations under the Policy.
21. The Insured’s Property sustained damage which the Insurance Company agreed to
provide coverage for under the terms of the Policy.
[1709208/1]22. Furthermore, at all times material hereto, the Insured have satisfied all post-loss
obligations accorded in the Policy, including but not limited to: (i) protecting the Property from
further loss; (ii) making reasonable and necessary repairs to protect the Property; and (iii) keeping
an accurate record of the repairs expenses. Accordingly, the Insured have made diligent effort to
complete reasonable repairs to the Property and has mitigated the damages sustained.
23. Incontrast, the Insurance Company has failed to: (i) provide coverage for the Loss
under the terms of the Policy; and/or (ii) acknowledge that additional payment would be
forthcoming; and/or (iii) make adequate payment of insurance proceeds to the Insured. Asa result
of the foregoing, the Insurance Company has breached the Policy.
24, As adirect and proximate result of the Insurance Company’s breach of the Policy,
the Insured have sustained damages.
WHEREFORE, the Insured respectfully request that this Court enters judgment against the
Insurance Company for damages, plus interest, court costs and reasonable attorney’s fees pursuant
to Section 627.428, Florida Statutes.
COUNT II
DECLARATORY JUDGMENT
25. The Insured reincorporate paragraphs 1 through 17 as if fully set forth herein.
26. Pursuant to Chapter 86, Florida Statues, the Insured seeks a declaratory judgment
a They complied with the duties imposed upon them under the Policy and/or
that they has been excused from performing any such duties; and
b. the Insurance Company’s breach of the Policy by failing to properly adjust
and pay the Insured, notwithstanding a clear obligation to do so, excuses
the Insured from having to comply with any further demands by the
Insurance Company for compliance with the Policy. To the extent the Court
[1709208/1]determines that the Insurance Company is entitled to any further
compliance by the Insured with the Policy, the Court should issue a
declaratory judgment that specifies what obligations the Insured has and
afford the Insured an opportunity to comply with any such obligations.
27. The Insurance Company inspected the Property.
28. Based upon its improper adjustment of the Insured’s claim, the Insurance Company
failed to issue payment in the proper amount to the Insured.
29. The Insurance Company continues to fail to fully compensate the Insured for their
loss.
Need for Declaratory Relief
30. The Insured believe they are in full compliance with the terms and conditions of the
Policy.
31. The Insured also believe that no further policy compliance is required as a result of
the Insurance Company’s breach of the Policy by failing to properly adjust and pay the Insured’s
claim.
32. The Insured are entitled to have removed by judicial decree all doubts raised by the
Insurance Company concerning whether the Insured have complied with the duties imposed upon
them under the Policy and the validity of the Insurance Company’s demands under the Policy.
33. There is a bona fide, present, and actual need of the Insured for a declaration of the
aforementioned rights, and the coverage position of the Insurance Company has raised doubt and
insecurity about the rights of the Insured as to whether they are in compliance with the terms and
conditions of the Policy.
34. The Insured retained the undersigned attorneys to represent them in this action and are
required to pay them a reasonable fee for their services.
(1709208/1]WHEREFORE, the Insured request that the Court enter a declaratory judgment that: (a) the
Insured have complied with the duties imposed upon them by the Policy and (b) the Insurance
Company’s breaches of the Policy excuse any further Policy compliance by the Insured; and award
the Insured their reasonable attorneys’ fees under Section 627.428, Florida Statutes, along with costs
and such other relief as the Court deems appropriate. Alternatively, the Court should issue a
declaration which specifies the Policy compliance still required and afford the Insured the
opportunity to comply with any such requirements.
JURY TRIAL DEMAND
Plaintiffs hereby demands a trial by jury on all issues so triable.
Dated this 5" day of January, 2018.
Respectfully Submitted,
Marin, Eljaiek, Lopez & Martinez P.L.
Counsel for the Insured
2601 South Bayshore Drive, 18" Floor
Coconut Grove, Florida 33133
Telephone No. (305) 444-5969
Facsimile No. (305) 444-1939
Email: Uservicea@mellawyers.com
Secondary Email: Mellaw3@mellawyers.com
By: /s/ Maximo A. Santiago
Anthony M. Lopez, Esq.
Florida Bar No. 13685
Maximo A. Santiago, Esq.
Florida Bar No. 669733
[1709208/1]
Preview
. Case Number: CACE-18-000471 Division: 13 Filing # 66245354 E-Filed 01/08/2018 03:38:09 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA BRIAN MILES and RENEE MILES, CASE NO.: Plaintiffs, Vv. UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. / COMPLAINT Plaintiffs, BRIAN MILES and RENEE MILES (collectively referred to hereafter as the “Insured”), hereby sue Defendant, UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY (the “Insurance Company”), and allege as follows: PARTIES, 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 Insured are individuals who at all times material hereto have resided in Broward County, Florida. 3. The Insurance Company is a Florida corporation qualified to do business in Florida and has, at all times material hereto, been conducting business in Broward County, Florida. 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. [1709208/1] *4* FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 1/8/2018 3:38:08 PM.****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 Insured, there was in full force and effect a certain homeowners insurance policy issued by the Insurance Company with a policy number of| a: “Policy”). 7. The Insured after diligent search and expending all efforts to locate a copy of the Policy have not been able to do so. However, the Insurance Company must have a copy of said Policy in its possession; as such the Insured will file a copy of the Policy after the same is provided by the Insurance Company. 8. The damaged property is located at 450 SE 16th Ave, Pompano Beach, FL 33060 (the “Property”). 9. Pursuant to the terms of the Policy, the Insurance Company agreed to provide insurance coverage to the Insured’s Property for all risks unless specifically excluded by the terms of the Policy. 10. On or about September 10, 2017, while the Policy was in full force and effect, the Property sustained a covered loss as a result of Hurricane Irma (the “Loss”). 11. The Insurance Company assigned claim number FL17-0118216-E316 to the Loss. 12. The Insurance Company acknowledged that the Property sustained a covered Loss and offered payment. 13. However, after diligent inspection of the Loss, it was obvious that the Property sustained covered damages greater than the damages acknowledged by the Insurance Company. [1709208/1]14. The Insurance Company’s finalization of its duty to adjust the loss with the Insured is a condition precedent for the Insured to receive the insurance benefits that they are entitled to under the terms of the Policy. 15. As of the date of the filing of this lawsuit, the Insurance Company has failed to acknowledge that additional payment would be forthcoming and it has failed to adequately provide coverage under the terms of the Policy. As a result of the foregoing, the Insurance Company has breached the Policy. 16. The Insured have suffered and continues to suffer damages resulting from Insurance Company’s breach of the Policy. 17. | The Insured have been obligated to retain the undersigned attorneys for the prosecution of this action and are entitled to a reasonable attorney’s fee pursuant to Florida Statute Section 627.428. COUNTI BREACH OF CONTRACT 18. The Insured reincorporate paragraphs | through 17 as if fully set forth herein. 19. It is undisputed that the Insured and the Insurance Company entered into a written contract, the Policy, wherein the Insured agreed to pay a premium and the Insurance Company agreed to insure the Insured’s Property. 20. The Insured have paid all premiums due and owing as contemplated by the Policy; thus, fully performing their obligations under the Policy. 21. The Insured’s Property sustained damage which the Insurance Company agreed to provide coverage for under the terms of the Policy. [1709208/1]22. Furthermore, at all times material hereto, the Insured have satisfied all post-loss obligations accorded in the Policy, including but not limited to: (i) protecting the Property from further loss; (ii) making reasonable and necessary repairs to protect the Property; and (iii) keeping an accurate record of the repairs expenses. Accordingly, the Insured have made diligent effort to complete reasonable repairs to the Property and has mitigated the damages sustained. 23. Incontrast, the Insurance Company has failed to: (i) provide coverage for the Loss under the terms of the Policy; and/or (ii) acknowledge that additional payment would be forthcoming; and/or (iii) make adequate payment of insurance proceeds to the Insured. Asa result of the foregoing, the Insurance Company has breached the Policy. 24, As adirect and proximate result of the Insurance Company’s breach of the Policy, the Insured have sustained damages. WHEREFORE, the Insured respectfully request that this Court enters judgment against the Insurance Company for damages, plus interest, court costs and reasonable attorney’s fees pursuant to Section 627.428, Florida Statutes. COUNT II DECLARATORY JUDGMENT 25. The Insured reincorporate paragraphs 1 through 17 as if fully set forth herein. 26. Pursuant to Chapter 86, Florida Statues, the Insured seeks a declaratory judgment a They complied with the duties imposed upon them under the Policy and/or that they has been excused from performing any such duties; and b. the Insurance Company’s breach of the Policy by failing to properly adjust and pay the Insured, notwithstanding a clear obligation to do so, excuses the Insured from having to comply with any further demands by the Insurance Company for compliance with the Policy. To the extent the Court [1709208/1]determines that the Insurance Company is entitled to any further compliance by the Insured with the Policy, the Court should issue a declaratory judgment that specifies what obligations the Insured has and afford the Insured an opportunity to comply with any such obligations. 27. The Insurance Company inspected the Property. 28. Based upon its improper adjustment of the Insured’s claim, the Insurance Company failed to issue payment in the proper amount to the Insured. 29. The Insurance Company continues to fail to fully compensate the Insured for their loss. Need for Declaratory Relief 30. The Insured believe they are in full compliance with the terms and conditions of the Policy. 31. The Insured also believe that no further policy compliance is required as a result of the Insurance Company’s breach of the Policy by failing to properly adjust and pay the Insured’s claim. 32. The Insured are entitled to have removed by judicial decree all doubts raised by the Insurance Company concerning whether the Insured have complied with the duties imposed upon them under the Policy and the validity of the Insurance Company’s demands under the Policy. 33. There is a bona fide, present, and actual need of the Insured for a declaration of the aforementioned rights, and the coverage position of the Insurance Company has raised doubt and insecurity about the rights of the Insured as to whether they are in compliance with the terms and conditions of the Policy. 34. The Insured retained the undersigned attorneys to represent them in this action and are required to pay them a reasonable fee for their services. (1709208/1]WHEREFORE, the Insured request that the Court enter a declaratory judgment that: (a) the Insured have complied with the duties imposed upon them by the Policy and (b) the Insurance Company’s breaches of the Policy excuse any further Policy compliance by the Insured; and award the Insured their reasonable attorneys’ fees under Section 627.428, Florida Statutes, along with costs and such other relief as the Court deems appropriate. Alternatively, the Court should issue a declaration which specifies the Policy compliance still required and afford the Insured the opportunity to comply with any such requirements. JURY TRIAL DEMAND Plaintiffs hereby demands a trial by jury on all issues so triable. Dated this 5" day of January, 2018. Respectfully Submitted, Marin, Eljaiek, Lopez & Martinez P.L. Counsel for the Insured 2601 South Bayshore Drive, 18" Floor Coconut Grove, Florida 33133 Telephone No. (305) 444-5969 Facsimile No. (305) 444-1939 Email: Uservicea@mellawyers.com Secondary Email: Mellaw3@mellawyers.com By: /s/ Maximo A. Santiago Anthony M. Lopez, Esq. Florida Bar No. 13685 Maximo A. Santiago, Esq. Florida Bar No. 669733 [1709208/1]