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Filing # 56982246 E-Filed 05/26/2017 11:37:36 AM
IN THE CIRCUIT COURT OF THE 9TH
JUDICIAL CIRCUIT IN AND FOR
ORANGE COUNTY, FLORIDA
CASE NUMBER:
ILER DALEGRAND and
CHRISTINE DALEGRAND,
Plaintiffs,
vs.
SECURITY FIRST INSURANCE COMPANY,
Defendant.
____________________________________/
COMPLAINT
COMES NOW the Plaintiffs, ILER DALEGRAND & CHRISTINE DALEGRAND,
hereafter, collectively referred to as “Plaintiffs”, by and through the undersigned counsel, and
sues the Defendant, SECURITY FIRST INSURANCE COMPANY (hereinafter sometimes
referred to as “SECURITY FIRST”), and alleges as follows:
1. At all material times hereto, Plaintiffs were Florida residents and homeowners in
the State of Florida, and the policy of insurance written by SECURITY FIRST was issued by
Defendant SECURITY FIRST in the State of Florida.
2. At all material times hereto, Defendant SECURITY FIRST was a corporation duly
licensed to transact insurance business in the State of Florida. Defendant does business, has
offices, and/or maintained agents for the transaction of its customary business in ORANGE
County, Florida.
3. Plaintiffs bring this action as an insured of SECURITY FIRST. The Insurance
Policy Declaration page under which this breach of contract action is brought before the Court
shall be produced through discovery.
4. On or about September 15, 2016, Plaintiffs’ dwelling, 6126 Dunnett Court, Orlando,
Florida 32809, was damaged by a roof leak.
5. Plaintiffs sought coverage under the homeowner’s insurance policy issued to by
Defendant SECURITY FIRST to cover the property against certain losses, including but not limited
to coverage protecting against water and/or fire damage.
6. Plaintiffs have submitted invoices for the necessary services, and have not been paid in
full by Defendant SECURITY FIRST.
7. Plaintiffs file an action related to Defendant’s failure to pay pursuant to the
homeowner’s insurance policy provisions.
8. Plaintiffs have complied with all conditions precedent prior to filing this breach of
contract action.
COUNT I-BREACH OF CONTRACT AGAINST
DEFENDANT INSURER, SECURITY FIRST INSURANCE COMPANY
9. Plaintiffs re-allege paragraphs 1-8 and incorporates the same by reference herein.
10. This is an action for breach of contract with more than fifteen thousand dollars
($15,000.00) in damages, exclusive of interest, costs, and attorney’s fees.
11. That as a direct and proximate result of the Defendant’s refusal to pay the Plaintiffs’
claim, 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.
12. Plaintiffs’ homeowners insurance with Defendant SECURITY FIRST was in full
force and effect when Plaintiffs’ property was damaged, and Plaintiffs are named insureds under
policy number SFIH8374029-04-0000 and claim number 76101.
13. 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.
14. Jurisdiction and venue are proper in ORANGE County, Florida.
15. Despite demand for payment, Defendant SECURITY FIRST has failed or refused to
pay Plaintiffs’ entire claim.
16. Plaintiffs have been damaged as a result of Defendant’s breach in the form of
insurance proceeds that have not been paid, interest, costs, and attorney’s fees.
17. As a result of Defendant’s breach of contract, it has become necessary that Plaintiff
retain the services of the undersigned attorney. Plaintiffs are obligated to pay a reasonable fee for
the undersigned attorney’s services in bringing this action, plus necessary costs.
18. Plaintiffs are entitled to recover attorney’s fees and costs under Florida Statute Section
627.428.
WHEREFORE, Plaintiffs demand judgment against Defendant SECURITY FIRST for
damages including, but not limited to damage to the building, contents, loss of use, interest
allowed by law, and reasonable attorney fees pursuant to Florida Statute Section 627.428, or
other Florida law, and the Plaintiffs demand trial by jury of all issues triable as a matter of right
by jury.
DEMAND FOR JURY TRIAL
Plaintiffs further demand trial by jury of all issues so triable in accordance with Florida
Statutes, Chapter 86, as well as for entry of judgment for Plaintiffs as to all issues raised in this
action against Defendant, SECURITY FIRST for insurance proceeds, attorney’s fees, and costs
pursuant to Florida Statute Sections 627.428, 57.041, and 92.231.
Dated: May 26, 2017
/e/ E. Terrell Matthews
Samuel Rogatinsky, Esquire
Florida Bar Number: 021490
E. Terrell Matthews, Esquire
Florida Bar Number: 089564
Rogatinsky & Matthews, P.A.
3113 Stirling Road, Suite 103
Fort Lauderdale, FL 33312
Phone: (954) 404-6140
Fax: (954) 925-1640
Eservice: RogatinskyFirm@gmail.com
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Filing # 56982246 E-Filed 05/26/2017 11:37:36 AM IN THE CIRCUIT COURT OF THE 9TH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA CASE NUMBER: ILER DALEGRAND and CHRISTINE DALEGRAND, Plaintiffs, vs. SECURITY FIRST INSURANCE COMPANY, Defendant. ____________________________________/ COMPLAINT COMES NOW the Plaintiffs, ILER DALEGRAND & CHRISTINE DALEGRAND, hereafter, collectively referred to as “Plaintiffs”, by and through the undersigned counsel, and sues the Defendant, SECURITY FIRST INSURANCE COMPANY (hereinafter sometimes referred to as “SECURITY FIRST”), and alleges as follows: 1. At all material times hereto, Plaintiffs were Florida residents and homeowners in the State of Florida, and the policy of insurance written by SECURITY FIRST was issued by Defendant SECURITY FIRST in the State of Florida. 2. At all material times hereto, Defendant SECURITY FIRST was a corporation duly licensed to transact insurance business in the State of Florida. Defendant does business, has offices, and/or maintained agents for the transaction of its customary business in ORANGE County, Florida. 3. Plaintiffs bring this action as an insured of SECURITY FIRST. The Insurance Policy Declaration page under which this breach of contract action is brought before the Court shall be produced through discovery. 4. On or about September 15, 2016, Plaintiffs’ dwelling, 6126 Dunnett Court, Orlando, Florida 32809, was damaged by a roof leak. 5. Plaintiffs sought coverage under the homeowner’s insurance policy issued to by Defendant SECURITY FIRST to cover the property against certain losses, including but not limited to coverage protecting against water and/or fire damage. 6. Plaintiffs have submitted invoices for the necessary services, and have not been paid in full by Defendant SECURITY FIRST. 7. Plaintiffs file an action related to Defendant’s failure to pay pursuant to the homeowner’s insurance policy provisions. 8. Plaintiffs have complied with all conditions precedent prior to filing this breach of contract action. COUNT I-BREACH OF CONTRACT AGAINST DEFENDANT INSURER, SECURITY FIRST INSURANCE COMPANY 9. Plaintiffs re-allege paragraphs 1-8 and incorporates the same by reference herein. 10. This is an action for breach of contract with more than fifteen thousand dollars ($15,000.00) in damages, exclusive of interest, costs, and attorney’s fees. 11. That as a direct and proximate result of the Defendant’s refusal to pay the Plaintiffs’ claim, 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. 12. Plaintiffs’ homeowners insurance with Defendant SECURITY FIRST was in full force and effect when Plaintiffs’ property was damaged, and Plaintiffs are named insureds under policy number SFIH8374029-04-0000 and claim number 76101. 13. 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. 14. Jurisdiction and venue are proper in ORANGE County, Florida. 15. Despite demand for payment, Defendant SECURITY FIRST has failed or refused to pay Plaintiffs’ entire claim. 16. Plaintiffs have been damaged as a result of Defendant’s breach in the form of insurance proceeds that have not been paid, interest, costs, and attorney’s fees. 17. As a result of Defendant’s breach of contract, it has become necessary that Plaintiff retain the services of the undersigned attorney. Plaintiffs are obligated to pay a reasonable fee for the undersigned attorney’s services in bringing this action, plus necessary costs. 18. Plaintiffs are entitled to recover attorney’s fees and costs under Florida Statute Section 627.428. WHEREFORE, Plaintiffs demand judgment against Defendant SECURITY FIRST for damages including, but not limited to damage to the building, contents, loss of use, interest allowed by law, and reasonable attorney fees pursuant to Florida Statute Section 627.428, or other Florida law, and the Plaintiffs demand trial by jury of all issues triable as a matter of right by jury. DEMAND FOR JURY TRIAL Plaintiffs further demand trial by jury of all issues so triable in accordance with Florida Statutes, Chapter 86, as well as for entry of judgment for Plaintiffs as to all issues raised in this action against Defendant, SECURITY FIRST for insurance proceeds, attorney’s fees, and costs pursuant to Florida Statute Sections 627.428, 57.041, and 92.231. Dated: May 26, 2017 /e/ E. Terrell Matthews Samuel Rogatinsky, Esquire Florida Bar Number: 021490 E. Terrell Matthews, Esquire Florida Bar Number: 089564 Rogatinsky & Matthews, P.A. 3113 Stirling Road, Suite 103 Fort Lauderdale, FL 33312 Phone: (954) 404-6140 Fax: (954) 925-1640 Eservice: RogatinskyFirm@gmail.com