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Case Number: CACE-18-001121 Division: 05
Filing # 66577833 E-Filed 01/16/2018 01:24:27 PM
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
CIVIL DIVISION
JACQUELINE KOHN,
Plaintiff,
vs. CASE NO.:
STATE FARM FLORIDA
INSURANCE COMPANY,
Defendant.
/
COMPLAINT
COMES NOW the Plaintiff, JACQUELINE KOHN (“Plaintiff”), by and through her
undersigned counsel, and hereby sues the Defendant, STATE FARM FLORIDA INSURANCE
COMPANY (“STATE FARM”), and as grounds therefor state as follows:
GENERAL ALLEGATIONS
1 This is an action for damages in excess of Fifteen Thousand and 00/100 Dollars
($15,000.00), exclusive of interest, attorneys’ fees and costs.
22 At all times material hereto, Plaintiff was and is the owner of real property located
at 621 NW 65" Avenue, Plantation, Broward County, Florida 33317.
3 Defendant, STATE FARM, is a Florida corporation licensed to conduct business
in Broward County, Florida.
4 Plaintiff purchased a policy of homeowner’s insurance, Policy No. =
(the “Policy”), from STATE FARM for the policy period November 24, 2016 through November
24, 2017. A copy of the Policy as it exists in Plaintiffs possession is attached hereto and
incorporated herein as Exhibit “A.”
*** FILED: BROWARD COUNTY. FL BRENDA D. FORMAN. CLERK 1/16/2018 1:24:25 PM.****
5 Plaintiff paid all premiums on the Policy and the Policy was in full and continuing
force and effect at all relevant times herein.
6 On or about October 29, 2017, Plaintiff discovered physical damage to her home.
7 The damage to Plaintiff's property is due to a sudden and accidental water loss
and is, therefore, a covered peril under the policy.
8 Plaintiff made application for insurance benefits under the policy, under Claim
No. 59-1912-X55.
9 Although Defendant/Insurer, STATE FARM, accepted coverage for the loss, it
has failed to pay the full amount of benefits Plaintiff is entitled to receive for her loss.
10. All conditions precedent to obtaining payment of said benefits under the policy
from Defendant/Insurer, STATE FARM, have been complied with, met, or waived.
COUNTI
Breach of Contract
11. The Plaintiff realleges and incorporates paragraphs one (1) though ten (10) as
though fully set forth herein.
12. STATE FARM has a duty to indemnify the Plaintiff in the event of a covered
cause of loss during the policy period.
13. STATE FARM has breached the Policy of insurance by failing to pay the full
benefits due and owing under the Policy for a covered cause of loss during the policy period.
14. STATE FARM’s breach of the Policy of insurance by failing to pay the full
benefits due and owing under the Policy has proximately caused damage to the Plaintiff.
15. The Plaintiff has been damaged by failing to receive the full benefits available
under the Policy for the loss.
16. The Plaintiff is entitled to the full cost of repair of the damage to her property,
including but not limited to, complete repair to the structure, emergency repairs, and all other
coverages afforded by the policy for this loss.
17. Because of STATE FARM’s refusal to pay the losses sustained by Plaintiff, the
Plaintiff has retained the services of the undersigned attorney and is obligated to pay a
reasonable fee for her services. The Plaintiff is entitled to attorney’s fees pursuant to § 627.428
Florida Statutes.
18. Defendant/Insurer, STATE FARM, owes prejudgment interest, expert fees and
costs, attorney’s fees and costs, the costs of necessary repairs to the home, emergency repairs,
and all other coverages afforded by the policy for this loss.
WHEREFORE, Plaintiff, JACQUELINE KOHN, demands a judgment against the
Defendant/Insurer, STATE FARM FLORIDA INSURANCE COMPANY for:
a All damages to which Plaintiff is entitled, including all benefits available
under the Policy;
b. Pre-judgment interest;
C., Court costs, expert fees and costs, and attorneys' fees pursuant to Section
627.428, Florida Statutes; and
d Trial by jury of all issues so triable as a matter of right.
Dated: January 16, 2018.
Remainder of Page Intentionally Left Blank
STOCKHAM LAW GROUP, P.A.
/s/ Donna DeVaney Stockham
Donna DeVaney Stockham, Esquire
Florida Bar No. 121088
Stockham Law Group, P.A.
610 West Horatio Street
Tampa, FL 33606
Telephone: (813) 867-4455
Facsimile: (813) 867-4454
Attorney for Plaintiff
dstockham@stockhamlawgroup.com
meassida@stockhamlawgroup.com
agonzalez-abreu@stockhamlawgroup.com
Preview
Case Number: CACE-18-001121 Division: 05 Filing # 66577833 E-Filed 01/16/2018 01:24:27 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CIVIL DIVISION JACQUELINE KOHN, Plaintiff, vs. CASE NO.: STATE FARM FLORIDA INSURANCE COMPANY, Defendant. / COMPLAINT COMES NOW the Plaintiff, JACQUELINE KOHN (“Plaintiff”), by and through her undersigned counsel, and hereby sues the Defendant, STATE FARM FLORIDA INSURANCE COMPANY (“STATE FARM”), and as grounds therefor state as follows: GENERAL ALLEGATIONS 1 This is an action for damages in excess of Fifteen Thousand and 00/100 Dollars ($15,000.00), exclusive of interest, attorneys’ fees and costs. 22 At all times material hereto, Plaintiff was and is the owner of real property located at 621 NW 65" Avenue, Plantation, Broward County, Florida 33317. 3 Defendant, STATE FARM, is a Florida corporation licensed to conduct business in Broward County, Florida. 4 Plaintiff purchased a policy of homeowner’s insurance, Policy No. = (the “Policy”), from STATE FARM for the policy period November 24, 2016 through November 24, 2017. A copy of the Policy as it exists in Plaintiffs possession is attached hereto and incorporated herein as Exhibit “A.” *** FILED: BROWARD COUNTY. FL BRENDA D. FORMAN. CLERK 1/16/2018 1:24:25 PM.**** 5 Plaintiff paid all premiums on the Policy and the Policy was in full and continuing force and effect at all relevant times herein. 6 On or about October 29, 2017, Plaintiff discovered physical damage to her home. 7 The damage to Plaintiff's property is due to a sudden and accidental water loss and is, therefore, a covered peril under the policy. 8 Plaintiff made application for insurance benefits under the policy, under Claim No. 59-1912-X55. 9 Although Defendant/Insurer, STATE FARM, accepted coverage for the loss, it has failed to pay the full amount of benefits Plaintiff is entitled to receive for her loss. 10. All conditions precedent to obtaining payment of said benefits under the policy from Defendant/Insurer, STATE FARM, have been complied with, met, or waived. COUNTI Breach of Contract 11. The Plaintiff realleges and incorporates paragraphs one (1) though ten (10) as though fully set forth herein. 12. STATE FARM has a duty to indemnify the Plaintiff in the event of a covered cause of loss during the policy period. 13. STATE FARM has breached the Policy of insurance by failing to pay the full benefits due and owing under the Policy for a covered cause of loss during the policy period. 14. STATE FARM’s breach of the Policy of insurance by failing to pay the full benefits due and owing under the Policy has proximately caused damage to the Plaintiff. 15. The Plaintiff has been damaged by failing to receive the full benefits available under the Policy for the loss. 16. The Plaintiff is entitled to the full cost of repair of the damage to her property, including but not limited to, complete repair to the structure, emergency repairs, and all other coverages afforded by the policy for this loss. 17. Because of STATE FARM’s refusal to pay the losses sustained by Plaintiff, the Plaintiff has retained the services of the undersigned attorney and is obligated to pay a reasonable fee for her services. The Plaintiff is entitled to attorney’s fees pursuant to § 627.428 Florida Statutes. 18. Defendant/Insurer, STATE FARM, owes prejudgment interest, expert fees and costs, attorney’s fees and costs, the costs of necessary repairs to the home, emergency repairs, and all other coverages afforded by the policy for this loss. WHEREFORE, Plaintiff, JACQUELINE KOHN, demands a judgment against the Defendant/Insurer, STATE FARM FLORIDA INSURANCE COMPANY for: a All damages to which Plaintiff is entitled, including all benefits available under the Policy; b. Pre-judgment interest; C., Court costs, expert fees and costs, and attorneys' fees pursuant to Section 627.428, Florida Statutes; and d Trial by jury of all issues so triable as a matter of right. Dated: January 16, 2018. Remainder of Page Intentionally Left Blank STOCKHAM LAW GROUP, P.A. /s/ Donna DeVaney Stockham Donna DeVaney Stockham, Esquire Florida Bar No. 121088 Stockham Law Group, P.A. 610 West Horatio Street Tampa, FL 33606 Telephone: (813) 867-4455 Facsimile: (813) 867-4454 Attorney for Plaintiff dstockham@stockhamlawgroup.com meassida@stockhamlawgroup.com agonzalez-abreu@stockhamlawgroup.com