Preview
Case Number: CACE-18-000078 Division: 18
Filing # 65971243 E-Filed 01/02/2018 11:34:12 AM
IN THE CIRCUIT COURT OF THE
17™ JUDICIAL CIRCUIT IN AND
FOR BROWARD COUNTY,
FLORIDA
ESMOND HARRISON and MERILIN
HARRISON, CASE NO:
Plaintiffs,
vs.
HOMEOWNERS CHOICE PROPERTY
& CASUALTY INSURANCE
COMPANY, INC.,
Defendant.
_/
COMPLAINT
COMES NOW the Plaintiffs, ESMOND HARRISON and MERILIN
HARRISON, by and through the undersigned counsel and hereby file this Complaint
against the Defendant, HOMEOWNERS CHOICE PROPERTY & CASUALTY
INSURANCE COMPANY, INC., and as grounds therefore state as follows:
1. That this is an action for damages in excess of FIFTEEN THOUSAND
DOLLARS ($15,000.00), exclusive of interest, attorney fees and cosis, 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 Broward County,
Florida.
3. That at all times material hereto the Plaintiffs were and are residents of
Broward County, Florida, and are otherwise sui juris.
*** FILED: BROWARD COUNTY, FL BRENDA D, FORMAN, CLERK 1/2/2018 11:34:10 AM.****4. That at all times material hereto, Plaintiffs and Defendant had a policy of
insurance, Policy No. ME on Plaintiffs’ residence located at 9570
Ashley Dr., Miramar, FL 33025, 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 possession
of Defendant.
5. During the policy period, the above described property was damaged.
6. As a result of this incident, the Plaintiff has suffered damage to the
building on the subject property, damage to contents, and loss of use of the property and
possessions therein.
7. Plaintiffs have complied with all conditions precedent and/or statutory
requirements in order to recover under the policy of insurance and applicable Florida
Statutes, or, in the alternative, those conditions precedent and/or statutory requirements
that have not been complied with have been waived by the Defendant. The Defendant
assigned the loss claim number 873153, but the Defendant has refused and continues to
refuse to pay either part or all of the Plaintiffs’ claims.
COUNT I - BREACH OF CONTRACT
Plaintiffs readopt and reallege Paragraphs 1 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. In the alternative the Defendant has or refused to pay areasonable amount of the Plaintiff’s claim. This is contrary to the terms of the policy
and/or Florida law and was a breach of said insurance contract.
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’ claims, the Plaintiffs have been required to retain the services of the
undersigned attorneys to represent and protect the Plaintiffs’ interests and Plaintiffs have
become obliged to pay them a reasonable fee for their services in bringing this action.
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 Plaintiffs, ESMOND HARRISON and MERILIN
HARRISON, demand judgment against the Defendant, HOMEOWNERS CHOICE
PROPERTY & CASUALTY INSURANCE COMPANY, INC., 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 j ury of all issues triable as a matter
of right by jury.COUNT It
PETITION FOR DECLARATORY RELIEF
Plaintiffs reallege and readopt Paragraphs 1 through 7 as if fully set forth herein
and sues the Defendant for declaratory relief pursuant to Chapter 86 of the Florida
Statutes and further states as follows:
12, The above insurance policy between Plaintiffs and Defendant provides
comprehensive coverage for damages as a result of losses to property,
13. Pursuant to Chapter 86 of Florida Statutes, the Plaintiffs request this Court
to take jurisdiction over this action and determine the Plaintiffs’ rights under said policy.
14. The Plaintiffs furnished timely notice of a covered loss and otherwise
performed all conditions precedent to recover under the policy and under the applicable
Florida Statutes.
15. Defendant refused and continues to refuse to pay the full amount of
Plaintiffs’ claims.
16, The Plaintiffs believe, but are in doubt, that the Plaintiffs are entitled to
full coverage under said policy, including but not limited to, coverage for damage to the
building on the subject property, its contents, and its loss of use.
17, That as a direct and proximate result of the Defendant’s refusal to pay the
Plaintiffs’ claims, the Plaintiffs have been required to retain the services of the
undersigned attorneys to represent and protect the Plaintiffs’ interests and Plaintiffs have
become obligated to pay them a reasonable fee for their services in bringing this action.18. 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, Plaintiffs hereby demand judgment against Defendant and the
following:
a. that the Court take jurisdiction over the parties and the subject matter of
this action;
b. that the Court determine the rights and duties of the parties under said
insurance policy;
c. that this Court enter an Order determining that the subject policy was in
full force and effect at the time of the loss;
d. that the Court enter an Order determining that the damages suffered by
Plaintiffs are not excluded under the policy insurance.
e. that the Court enter an Order determining that the Plaintiffs complied with
all requirements under the policy and are entitled to full coverage for their damages
under said policy, including but not limited to coverage for the full amount of loss
including damage to the building on the subject property, contents, and loss of use;
f. that the Court award the Plaintiffs attorney fees pursuant to Florida Statute
Section 627.428 or other Florida law, prejudgment interest, and costs; and
8. that the Court enter any other relief that it deems just and proper.DEMAND FOR JURY TRIAL
The Plaintiffs further demand a trial by jury of all issues so triable as a matter of
right.
Dated this 2Zday of Dee 2017.
By:
ETER M R.
Florida Bar No: 328928
THE MINEO SALCEDO LAW FIRM, P.A.
Attorneys for Plaintiff
5400 S. University Dr., Suite 502
Davie, FL 33328
T: (954) 463-8100
F: (954) 463-8106
Service@mineolaw.com
Preview
Case Number: CACE-18-000078 Division: 18 Filing # 65971243 E-Filed 01/02/2018 11:34:12 AM IN THE CIRCUIT COURT OF THE 17™ JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA ESMOND HARRISON and MERILIN HARRISON, CASE NO: Plaintiffs, vs. HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, INC., Defendant. _/ COMPLAINT COMES NOW the Plaintiffs, ESMOND HARRISON and MERILIN HARRISON, by and through the undersigned counsel and hereby file this Complaint against the Defendant, HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, INC., and as grounds therefore state as follows: 1. That this is an action for damages in excess of FIFTEEN THOUSAND DOLLARS ($15,000.00), exclusive of interest, attorney fees and cosis, 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 Broward County, Florida. 3. That at all times material hereto the Plaintiffs were and are residents of Broward County, Florida, and are otherwise sui juris. *** FILED: BROWARD COUNTY, FL BRENDA D, FORMAN, CLERK 1/2/2018 11:34:10 AM.****4. That at all times material hereto, Plaintiffs and Defendant had a policy of insurance, Policy No. ME on Plaintiffs’ residence located at 9570 Ashley Dr., Miramar, FL 33025, 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 possession of Defendant. 5. During the policy period, the above described property was damaged. 6. As a result of this incident, the Plaintiff has suffered damage to the building on the subject property, damage to contents, and loss of use of the property and possessions therein. 7. Plaintiffs have complied with all conditions precedent and/or statutory requirements in order to recover under the policy of insurance and applicable Florida Statutes, or, in the alternative, those conditions precedent and/or statutory requirements that have not been complied with have been waived by the Defendant. The Defendant assigned the loss claim number 873153, but the Defendant has refused and continues to refuse to pay either part or all of the Plaintiffs’ claims. COUNT I - BREACH OF CONTRACT Plaintiffs readopt and reallege Paragraphs 1 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. In the alternative the Defendant has or refused to pay areasonable amount of the Plaintiff’s claim. This is contrary to the terms of the policy and/or Florida law and was a breach of said insurance contract. 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’ claims, the Plaintiffs have been required to retain the services of the undersigned attorneys to represent and protect the Plaintiffs’ interests and Plaintiffs have become obliged to pay them a reasonable fee for their services in bringing this action. 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 Plaintiffs, ESMOND HARRISON and MERILIN HARRISON, demand judgment against the Defendant, HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, INC., 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 j ury of all issues triable as a matter of right by jury.COUNT It PETITION FOR DECLARATORY RELIEF Plaintiffs reallege and readopt Paragraphs 1 through 7 as if fully set forth herein and sues the Defendant for declaratory relief pursuant to Chapter 86 of the Florida Statutes and further states as follows: 12, The above insurance policy between Plaintiffs and Defendant provides comprehensive coverage for damages as a result of losses to property, 13. Pursuant to Chapter 86 of Florida Statutes, the Plaintiffs request this Court to take jurisdiction over this action and determine the Plaintiffs’ rights under said policy. 14. The Plaintiffs furnished timely notice of a covered loss and otherwise performed all conditions precedent to recover under the policy and under the applicable Florida Statutes. 15. Defendant refused and continues to refuse to pay the full amount of Plaintiffs’ claims. 16, The Plaintiffs believe, but are in doubt, that the Plaintiffs are entitled to full coverage under said policy, including but not limited to, coverage for damage to the building on the subject property, its contents, and its loss of use. 17, That as a direct and proximate result of the Defendant’s refusal to pay the Plaintiffs’ claims, the Plaintiffs have been required to retain the services of the undersigned attorneys to represent and protect the Plaintiffs’ interests and Plaintiffs have become obligated to pay them a reasonable fee for their services in bringing this action.18. 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, Plaintiffs hereby demand judgment against Defendant and the following: a. that the Court take jurisdiction over the parties and the subject matter of this action; b. that the Court determine the rights and duties of the parties under said insurance policy; c. that this Court enter an Order determining that the subject policy was in full force and effect at the time of the loss; d. that the Court enter an Order determining that the damages suffered by Plaintiffs are not excluded under the policy insurance. e. that the Court enter an Order determining that the Plaintiffs complied with all requirements under the policy and are entitled to full coverage for their damages under said policy, including but not limited to coverage for the full amount of loss including damage to the building on the subject property, contents, and loss of use; f. that the Court award the Plaintiffs attorney fees pursuant to Florida Statute Section 627.428 or other Florida law, prejudgment interest, and costs; and 8. that the Court enter any other relief that it deems just and proper.DEMAND FOR JURY TRIAL The Plaintiffs further demand a trial by jury of all issues so triable as a matter of right. Dated this 2Zday of Dee 2017. By: ETER M R. Florida Bar No: 328928 THE MINEO SALCEDO LAW FIRM, P.A. Attorneys for Plaintiff 5400 S. University Dr., Suite 502 Davie, FL 33328 T: (954) 463-8100 F: (954) 463-8106 Service@mineolaw.com