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ie Case Number: CACE-15-012722 Division: 08
Filing # 29812544 E-Filed 07/17/2015 05:09:22 PM
FNI-158644 IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
FEDERATED NATIONAL INSURANCE CASE NO:
COMPANY
Plaintiff,
vs.
DENIS ALLARD AND GAETANNE
METHOT ALLARD
Defendants
COMPLAINT
Plaintiff, FEDERATED NATIONAL INSURANCE COMPANY (Federated
National) sues Defendants, DENIS ALLARD AND GAETANNE METHOT ALLARD
(Allard) and states:
GENERAL ALLEGATIONS
41. This is an action for damages which exceed $15,000.00, exclusive of
interest and attorney's fees.
2. Venue is properly set in Broward County, Florida, as that is where the
property which is the subject of this litigation is located.
3. At all times relative to this claim, Federated National was a Florida
corporation, organized and existing under the laws of the state of Florida.
4. At all times relative to this claim, Federated National was an insurance
company licensed by the state of Florida, authorized and doing business in Broward
County, Florida.
*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 7/17/2015 5:09:20 PM.****5. At all times relative to this claim, Defendants Allard owned real property in
Broward County and were otherwise sui juris.
6. At all times material hereto, Federated National provided homeowners
insurance to Andre Rousselle (Rousselle) under policy number FH-0000077186-08
which provided insurance coverage for property damage to the dwelling and its contents
at 4411 NW 16" Street, F210, Lauderdale Lakes, Florida, 33313 (Copy of policy
Declaration Page is attached as Exhibit “A’).
7. Allard owned the unit above Rousselle, F310.
8. Allard reside part of the year in Canada.
9. Allard returned to their unit, F310, on October 19, 2014. They turned on
the water but did not inspect the plumbing fixtures, including their hot water heater.
10. That day the water heater failed, resulting in an uncontrolled discharge of
water.
11. | Water discharged in the Allard unit entered the Rousselle unit below it,
causing damage to the premises and contents.
12. Rousselle subsequently filed a claim for insurance coverage with
Federated National, claim number HO-0114154815 for the damages to the premises
and contents resulting from the water.
13. Federated National adjusted the claim and paid to or on behalf of their
insured the sum of twenty-seven thousand, forty-seven and 56/100 dollars ($27,047.56)
(Copies of checks totaling $27,047.56 are attached as Exhibit “B’).14. Federated National, having made payments to or on behalf of its insured,
is entitled, pursuant to the terms of its Insurance policy, to bring a subrogation action
against the third parties responsible for the sums paid by Federated National.
15. Additionally, Federated National seeks to recover the deductible of their
insured in the amount of one thousand dollars and No/100 ($1000.00).
COUNT I
NEGLIGENCE OF ALLARD
16. Plaintiff reiterates paragraphs 1-15 as if fully set forth herein.
17. On October 19, 2014, Rousselle owned condominium unit F210 located at
4411 NW 16" Street, Lauderdale Lakes, Florida, 33313
18. On October 19, 2014, Allard owned condominium unit F310 at 4411 NW
16 Street, Lauderdale Lakes, Florida, 33313.
19. As owners of a condominium apartment located directly above Rousselle,
Allard had a duty to act in a reasonable fashion so as not to place the residences,
property, and well-being of their neighbors at risk.
20. Allard breached their duty and acted in a negligent fashion as follows:
a. Though their condominium had been vacant and the water supply
turned off, they failed to inspect the plumbing fixtures, including the
hot water heater, when they returned to the unit and turned the
water back on.21. As a result of the negligence of Allard, there was an uncontrolled
discharge of water within their unit which predictably flowed downward into the
Rousselle unit causing damage to the premises and its contents.
22. As a further result of the negligence of Allard, Federated National,
pursuant to its policy of insurance, paid to or on behalf of its insured, the sum of twenty-
seven thousand, forty-seven and 56/100 dollars ($27,047.56).
23. Rousselle had a deductible of one thousand dollars and No/100
($1000.00).
24. WHEREFORE, Federated National demands judgment against Allard, in
the in the sum of sum of twenty-eight thousand, forty-seven and 56/100 dollars
($28,047.56) as well as taxable costs and pre judgment interest.
Dated July 1%, 2015
BAZINSKY,KORMAN & BAKER, P.A.
7901 SW6th Court, Suite 450
Plantation, FL 33324
Tel: (954) 626-0000
Fax: (954) 626-0011
By: pp
DONALD G/KORMAN
Florida Bar No.: 188122
Primary E-Mail: korman@bktriallaw.com
Secondary E-Mail: herman@bktriallaw.com
Attorneys for PlaintiffDec Sheet Page | of 3
FEDERATED NATIONAL INSURANCE COMPANY DECLARATION EFFECTIVE
14050 NW t4th Street, Suite 180 Jan 26, 2014 a 7
Sunrise, FL 33323 FEDERATED y ¢ Ss
Claims (800) 293-2532
Service: Contact Your Agent Listed Below
Policy Number Policy Period 12:04 Standard Time Agent Cod
FRo! iM TO
FH-0000077186-08. Jan 26,2014 Jan 26, 2015, 01856
Named insured and Mailing Address: Location of Residence Premises: Agent:
Ri SELLE | 4411 NW 18Tt RIVARD INSURANCE AGE
OBE SQETTE ROUSSEL 4 iba 1014 GATEWAY BLVD SU
TERREBONNE PQ, GANADA J8X| LAUDERDALE, FL 33313, BOYNTON BEACH, FL 33:
289 (581) 739-8346
Coverage is only provided where a premium and a limit of liability is shown.
ALL OTHER PERILS DEDUCTIBLE: $7,000 HURRICANE DEDUCTIBI
SECTION ! - PROPERTY COVERAGES. LIMIT OF LIABILITY ANI
A~ Owelling $ 15,000
C — Personal Property $ 10,000
D~ Loss of Use $ 4.000
Ordinance or Law Limit 25%
SECTION ft- PROPERTY COVERAGES
E ~ Personal Liability $ 300,000
F — Medical Liability $ 1,000
OPTIONAL COVERAGES
Special Coverage “A” (HO-8)
Limited Fungi, Wet or Ory Rot, or Bacteria (Properly) $ 10,000
Limited Fungi, Wet or Dry Rot, or Bacteria (Liabiity) $ 50.000
Electronic Equipment $5,000
Loss Assessment $ 2,000
Jewelry, Watches & Furs $ 1,000
Refrigerated Personal Property
Windstorm Protective Devices
Dwelling Age Credit/Surcharge
Claim Free Discount
MANDATORY ADDITIONAL CHARGES
Policy Fee (Fully armed)
Emergency Management Preparedness And Assistant Trust Fund
Citizens 2005 Emergency Assessment
Florida Hurricane Catastrophe Fund Emergency Assessment
TOTAL POLICY PREMIUM INCLUDING ASSESSMENTS AND ALL SURCHARGES
Insured Note: The portion of your premium for Hurricane Coverage is: $137
FNIC HO 9 (08 13)
EXHIBIT
hittps://federated live.ptsapp.comybately get! | : A se L&fp=DAPTS\Docu... 10/28/2014159845
Federated National Insurance Company
MAIL TO:
ANDRE AND GINETTE
ROUSSELLE
2069 CLAIRE
TERREBONNE PQ, CANADA, .
, 16X 289
Federated National Insurance ‘Wolts Fargo Bank, NA.
Company "Montgomery &
“HOME OWNERS CLAIM’ an Pranabea CX 8404 7
14050 NW 14TH STREET #180
‘SUNRISE, FL 33323
DATE 01-23-15 11-24
AMOUNT
1210
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ie Case Number: CACE-15-012722 Division: 08 Filing # 29812544 E-Filed 07/17/2015 05:09:22 PM FNI-158644 IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA FEDERATED NATIONAL INSURANCE CASE NO: COMPANY Plaintiff, vs. DENIS ALLARD AND GAETANNE METHOT ALLARD Defendants COMPLAINT Plaintiff, FEDERATED NATIONAL INSURANCE COMPANY (Federated National) sues Defendants, DENIS ALLARD AND GAETANNE METHOT ALLARD (Allard) and states: GENERAL ALLEGATIONS 41. This is an action for damages which exceed $15,000.00, exclusive of interest and attorney's fees. 2. Venue is properly set in Broward County, Florida, as that is where the property which is the subject of this litigation is located. 3. At all times relative to this claim, Federated National was a Florida corporation, organized and existing under the laws of the state of Florida. 4. At all times relative to this claim, Federated National was an insurance company licensed by the state of Florida, authorized and doing business in Broward County, Florida. *** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 7/17/2015 5:09:20 PM.****5. At all times relative to this claim, Defendants Allard owned real property in Broward County and were otherwise sui juris. 6. At all times material hereto, Federated National provided homeowners insurance to Andre Rousselle (Rousselle) under policy number FH-0000077186-08 which provided insurance coverage for property damage to the dwelling and its contents at 4411 NW 16" Street, F210, Lauderdale Lakes, Florida, 33313 (Copy of policy Declaration Page is attached as Exhibit “A’). 7. Allard owned the unit above Rousselle, F310. 8. Allard reside part of the year in Canada. 9. Allard returned to their unit, F310, on October 19, 2014. They turned on the water but did not inspect the plumbing fixtures, including their hot water heater. 10. That day the water heater failed, resulting in an uncontrolled discharge of water. 11. | Water discharged in the Allard unit entered the Rousselle unit below it, causing damage to the premises and contents. 12. Rousselle subsequently filed a claim for insurance coverage with Federated National, claim number HO-0114154815 for the damages to the premises and contents resulting from the water. 13. Federated National adjusted the claim and paid to or on behalf of their insured the sum of twenty-seven thousand, forty-seven and 56/100 dollars ($27,047.56) (Copies of checks totaling $27,047.56 are attached as Exhibit “B’).14. Federated National, having made payments to or on behalf of its insured, is entitled, pursuant to the terms of its Insurance policy, to bring a subrogation action against the third parties responsible for the sums paid by Federated National. 15. Additionally, Federated National seeks to recover the deductible of their insured in the amount of one thousand dollars and No/100 ($1000.00). COUNT I NEGLIGENCE OF ALLARD 16. Plaintiff reiterates paragraphs 1-15 as if fully set forth herein. 17. On October 19, 2014, Rousselle owned condominium unit F210 located at 4411 NW 16" Street, Lauderdale Lakes, Florida, 33313 18. On October 19, 2014, Allard owned condominium unit F310 at 4411 NW 16 Street, Lauderdale Lakes, Florida, 33313. 19. As owners of a condominium apartment located directly above Rousselle, Allard had a duty to act in a reasonable fashion so as not to place the residences, property, and well-being of their neighbors at risk. 20. Allard breached their duty and acted in a negligent fashion as follows: a. Though their condominium had been vacant and the water supply turned off, they failed to inspect the plumbing fixtures, including the hot water heater, when they returned to the unit and turned the water back on.21. As a result of the negligence of Allard, there was an uncontrolled discharge of water within their unit which predictably flowed downward into the Rousselle unit causing damage to the premises and its contents. 22. As a further result of the negligence of Allard, Federated National, pursuant to its policy of insurance, paid to or on behalf of its insured, the sum of twenty- seven thousand, forty-seven and 56/100 dollars ($27,047.56). 23. Rousselle had a deductible of one thousand dollars and No/100 ($1000.00). 24. WHEREFORE, Federated National demands judgment against Allard, in the in the sum of sum of twenty-eight thousand, forty-seven and 56/100 dollars ($28,047.56) as well as taxable costs and pre judgment interest. Dated July 1%, 2015 BAZINSKY,KORMAN & BAKER, P.A. 7901 SW6th Court, Suite 450 Plantation, FL 33324 Tel: (954) 626-0000 Fax: (954) 626-0011 By: pp DONALD G/KORMAN Florida Bar No.: 188122 Primary E-Mail: korman@bktriallaw.com Secondary E-Mail: herman@bktriallaw.com Attorneys for PlaintiffDec Sheet Page | of 3 FEDERATED NATIONAL INSURANCE COMPANY DECLARATION EFFECTIVE 14050 NW t4th Street, Suite 180 Jan 26, 2014 a 7 Sunrise, FL 33323 FEDERATED y ¢ Ss Claims (800) 293-2532 Service: Contact Your Agent Listed Below Policy Number Policy Period 12:04 Standard Time Agent Cod FRo! iM TO FH-0000077186-08. Jan 26,2014 Jan 26, 2015, 01856 Named insured and Mailing Address: Location of Residence Premises: Agent: Ri SELLE | 4411 NW 18Tt RIVARD INSURANCE AGE OBE SQETTE ROUSSEL 4 iba 1014 GATEWAY BLVD SU TERREBONNE PQ, GANADA J8X| LAUDERDALE, FL 33313, BOYNTON BEACH, FL 33: 289 (581) 739-8346 Coverage is only provided where a premium and a limit of liability is shown. ALL OTHER PERILS DEDUCTIBLE: $7,000 HURRICANE DEDUCTIBI SECTION ! - PROPERTY COVERAGES. LIMIT OF LIABILITY ANI A~ Owelling $ 15,000 C — Personal Property $ 10,000 D~ Loss of Use $ 4.000 Ordinance or Law Limit 25% SECTION ft- PROPERTY COVERAGES E ~ Personal Liability $ 300,000 F — Medical Liability $ 1,000 OPTIONAL COVERAGES Special Coverage “A” (HO-8) Limited Fungi, Wet or Ory Rot, or Bacteria (Properly) $ 10,000 Limited Fungi, Wet or Dry Rot, or Bacteria (Liabiity) $ 50.000 Electronic Equipment $5,000 Loss Assessment $ 2,000 Jewelry, Watches & Furs $ 1,000 Refrigerated Personal Property Windstorm Protective Devices Dwelling Age Credit/Surcharge Claim Free Discount MANDATORY ADDITIONAL CHARGES Policy Fee (Fully armed) Emergency Management Preparedness And Assistant Trust Fund Citizens 2005 Emergency Assessment Florida Hurricane Catastrophe Fund Emergency Assessment TOTAL POLICY PREMIUM INCLUDING ASSESSMENTS AND ALL SURCHARGES Insured Note: The portion of your premium for Hurricane Coverage is: $137 FNIC HO 9 (08 13) EXHIBIT hittps://federated live.ptsapp.comybately get! | : A se L&fp=DAPTS\Docu... 10/28/2014159845 Federated National Insurance Company MAIL TO: ANDRE AND GINETTE ROUSSELLE 2069 CLAIRE TERREBONNE PQ, CANADA, . , 16X 289 Federated National Insurance ‘Wolts Fargo Bank, NA. Company "Montgomery & “HOME OWNERS CLAIM’ an Pranabea CX 8404 7 14050 NW 14TH STREET #180 ‘SUNRISE, FL 33323 DATE 01-23-15 11-24 AMOUNT 1210