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Case Number: COWE-18-000010 Division: 82
Filing # 65964257 E-Filed 01/02/2018 10:19:01 AM
IN THE COUNTY COURT IN AND
FOR BROWARD COUNTY,
FLORIDA
SOUTH FLORIDA DRY OUT CASE NO:
SERVICES LLC (A/A/O ANNIE
SAPP),
Plaintiff,
vs.
STATE FARM FLORIDA
INSURANCE COMPANY,
Defendant.
/
COMPLAINT
COMES NOW the Plaintiff, SOUTH FLORIDA DRY OUT SERVICES LLC
(A/A/O ANNIE SAPP), (“DRY OUT"), by and through the undersigned counsel and
hereby files this Complaint against the Defendant, STATE FARM FLORIDA
INSURANCE COMPANY (“STATE FARM”), and as grounds therefore states as
follows:
GENERAL ALLEGATIONS AS TO ALL COUNTS
1, That this is an action for damages which does not exceed FIFTEEN
THOUSAND DOLLARS ($15,000.00), exclusive of interest, attorney fees and costs, and
is otherwise within the jurisdictional limits of this Court.
2. That at all times material hereto the Defendant, STATE FARM, was and
is an insurance company authorized to do business in the State of Florida and doing
business in Broward County, Florida, and is otherwise sui juris.
*** FILED: BROWARD COUNTY, FL BRENDA D, FORMAN, CLERK 1/2/2018 10:18:59 AM.****3. That at all times material hereto the Plaintiff, DRY OUT, was and is
authorized to do business in the State of Florida and doing business in Broward County,
Florida, and is otherwise sui juris.
4. Jurisdiction and venue are proper in Broward County, Florida.
COUNT I
BREACH OF CONTRACT AS ASSIGNEE OF ANNIE SAPP
Plaintiff readopts and realleges Paragraphs 1 through 4 above as if fully stated
herein, and further alleges as follows:
5. Plaintiff brings this action based upon an after-loss assignment of
insurance proceeds by ANNIE SAPP (“SAPP”).
6. That at all times material hereto, SAPP and Defendant had a policy of
insurance, on the residence located at 1699 NW 7" Terrace, Pompano Beach, FL 33060,
which afforded various types of coverages including coverage for damage to dwelling,
other structures, personal property, and for loss of use. Plaintiff is not in possession of a
true and correct copy of the policy, but believes one to be in possession of Defendant.
7. On or about October 7", 2016, the above described property was damaged
as the result of water loss, and the subject insurance policy was in full force and effect at
all times material hereto.
8 SAPP is entitled to insurance benefits for the water loss damages under
the above-referenced policy.
9. On or about November 8", 2016, SAPP retained DRY OUT to perform
services and/or repairs at the aforementioned property.10. Plaintiff provided necessary services for SAPP and in exchange, SAPP
authorized direct payment and assigned his/her property insurance rights, benefits, and
proceeds to the Plaintiff, DRY OUT, as consideration for the repairs made by the
Plaintiff. A copy of the Work Order Agreement to Perform Services and/or Repairs,
Assignment of Benefits and Direct Pay Authorization is attached hereto as Exhibit “A”.
11. Plaintiff has 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. As an assignee of
the policy holder, compliance with any and all conditions precedent and/or statutory
requirements by the policy holder is compliance by the Plaintiff. Any waiver that enures
the benefit of the policy holder enures the benefit of the Plaintiff.
12. In accordance with the aforementioned Work Order Agreement to
Perform Services and/or Repairs, Assignment of Benefits and Direct Pay Authorization,
Plaintiff timely billed Defendant for services rendered at the above-mentioned property
in relation to the subject water damage which would be covered under the aforesaid
insurance policy with Defendant.
13. Defendant has failed and/or refused to make full payment.
14. That Defendant’s refusal to pay the full amount of the services rendered
by the Plaintiff 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 a reasonable amount of the Plaintiffs claim. This is contrary to the terms of the
policy and/or Florida law and was a breach of said insurance contract.
315. The Plaintiff has been damaged by the Defendant’s breach of said contract
of insurance by not having been compensated for the services rendered to the insured
property.
16. That as a direct and proximate result of the Defendant’s refusal to pay the
Plaintiff for services rendered, the Plaintiff has been required to retain the services of the
undersigned attorneys to represent and protect the Plaintiff's interests and Plaintiff has
become obliged to pay them a reasonable fee for their services in bringing this action.
17. In the event that the Plaintiff prevails in this action, Plaintiff is entitled to
an award of attorney fees and costs pursuant to Florida Statute Section 627.428 or other
Florida law.
WHEREFORE, the Plaintiff, SOUTH FLORIDA DRY OUT SERVICES LLC
(A/A/O ANNIE SAPP), a Florida Corporation, demands judgment against the Defendant,
STATE FARM FLORIDA INSURANCE COMPANY, for damages including, but not
limited to, payment of Plaintiff's invoice/bill, interest allowed by law, reasonable
attorney fees and costs pursuant to Florida Statute Section 627.428 or other Florida law,
and any other relief this Court deems just and proper.DEMAND FOR JURY TRIAL
The Plaintiff further demands a trial by jury of all issues so triable as a matter of
right.
Dated this /7 day of Deer
ETE EO JR.
Floridd Bar No: 328928
THE MINEO SALCEDO LAW FIRM, P.A.
i Attorneys for Plaintiff
\ 5400 S. University Drive, Suite 502
i Davie, FL 33328
' T: (954) 463-8100
F; (954) 463-8106
Service@Mineolaw.comEXHIBIT “A”South Florida Dry Out Services LLC
6538 Collins Ave # 640 Miauni Beach, PL33141
Phone: 786-486-6055 and 786-564-8893 Email: sfldcyoul@gmait.com
Clients Agen _SA ep. [ Date: \ \ | | ( fo
¥ a
Addeess FAA W.u2, 2° BA tasuance cx GATe Lag voiions 79. Ko: G346-5
Ciepiaeizip Pawrpane Pl $3260 aajoser Chiat SAG M HOBSS
Phone P54 FY3 "AF lol eee
Email
_. Adjuster phone
Technician
WORK ORDER AGREEMENT TO PERFORM SERVICES ANDIOR REPAIRS AND
DIRECT PAY AUTHORIZATION
‘The agreement is made between The Client listed (hereinafter referred to as Tho: Client) and South Plorida Dry Out Services LLC (hereinafler
rofezruad te ax The Contractor), The Client hie suffered 9 suddey and pted loss dur is
WatedMoldSmmoke/Fire ete 2 0: 7 _
nom
The Client hereby audvorizes The Contractor w pertivin the following services to mitignte the toss, smyived gis
bi
naman maton seuncal slewulinee and/or maintain # suitable tiviag condition andor comfort level. Tha Client certifies tne
the camera! property has the appropriate insurance coverage co cover this toss and sat The Clint is rasporuiine for paytent of ery dednctibhe ‘
{cise upon Bret visit) ax woll as any charges on the final billing for this serving nol covered by The Cifent's insurance poliey or not paid by the
Chigyts iisurarice company far any reason. Er thove iso tunirance billing pravided The Contactor wilt cotlect mn equipment deposit foe
of, in order to start the job. Sten so. otto ves Sips CUE Abroes ttst ewiaresten of dibs daonone ge shel gucwete. pe a. Sret
cis 20 Chen's sesranse company atc Bea's bullae,
‘Phe CHa Farther authorizes and instructs The Clients isunmes wornpaoy to pay directly 10 the Contractor (cr Co tnolude’The Contractor as a
co-payeson thc check or dat) the amount shove em tte final billing for work one by The Costitaotor is eonneotion with (his elainn, The Client
afso understands that the insuraace company is billed as & courtesy and convenience te The Cilaat. Should ‘The Client's Insurance Company fait
ro honor this agreement, Tie Client will pay The Comtractar any balanco duc. 1 fs undeeseoad that The Cliemt is personally reeponsible for any
fat alt decuctable, charges, or costs not covered by their insurance camnpany. ft is The Ciieat’s eomplete understanding that The Cantractar is
Narking for The Cucat and not The Client's insurance compiny. Therefore, i i undoretuod that tive Client iv ultimately vospontite fo Tae
Contractor for payment of enid servives,
conga i Choa sal
pubaesan ot
‘The Client will provide ctoa and continuous aecess fo Zou site for Resiad when wok is scheduled. Cltont’s elentfic and wate? are to be sade
available forContractor’s uve during the procs of te work at no Gust to The Conteautor,
Hs verbal ereangcmenis will be considered binding. Wis ngrend that all material furnished and labor performed ut the anihortadtion of thehome
‘owner ack Specified ia the estimate rause be in veciting inthe them of ant zdcitionat contract and will be ctiarged in addition ta tho peice heroin
agreed upon, AM work provided for in the ageesment applies te the installation ane plocenient ely.
‘The Contractor will remove all canstruvtion debris feo the site and leave site in a Nevom-aleas condition faltowlng campletion of vestonetion,
420% up charge for uncompleted work shall he charged to The Client in the ever Tha Contractor is termmbnated for ang reuwon. Those fee
caves restacking eirarges endl overhead iad peofil.
By authorizing this contin The Cliont allows the Contractor to uishdbctant, antisoptivise, elvan, decomaminate, decdarize, famigate, purity,
sanitize. and sterifize my oF the premises. The Client undersiancls thal it is beyond the expertise af The Contractor ta detertnine (Esemeoe: is
sensitive fo their apptteation andl will hotd The Contractor harmless For thair use,
‘The Client hs rend the sbove arf understands thet this forin oopstitutey a content for services pesformed, Should i be necessary do institato
legal proceedings to enforce coleation of this caniraotor, the prevalling pany shall he entitled ta ceasunable gttorney feo,
Chients Signature to begin Pacts egy wiowe 1) | 8 7 {I . SoaSouth Florida Dry Out Services LLC Rea
6538 Collins Ave. #640 Miami Beach FL 33141
Email: sfdryout@pmail com Phone: 786.486.6055
ASSIGNMENT OF INSURANCE BENEFITS
Clenviosued Aywir Sapp
PolicyNumber _79-KQ- 6R/0:S
Claim Numb __s SAGQIMUDOAB
Insurer Site Fdem
Date of Loss A0-7-Q016 ee
L ASSIGNMENT OF INSURANCE BENEFITS
I, hereby, assign any and all insurance rights, benefits, proceeds and any causes of action under any
applicable insurance policies to South Florida Dry Out Services LLC (hereinafter referred to. as
“Company”), for services rendered or to be rendered by Company. In this regard, I waive my privacy
rights. | make this assignment in consideration of Company’s agreement to perform services and
supply materials and otherwise perform its obligations under this contract, including not requiring
full payment at the time of service. | also hereby direct my insurance carrier(s) to release any and all
information requested by Company, its representative, and/or its Attomey for the direct purpose of
obtaining actual benefits to be paid by my insurance carrier(s) for services rendered or to be
rendered. I believe the appropriate insurance carrier to be Arts.
U. DIRECT PAYMENT AUTHORIZATION
L hereby, authorize Company be given irrevocable power-of-attorney and my express permission to
endorse my name on any and all checks received from an insurance company on my bebalf for
servioos provided by Company. | agree that any portion of work, deductibles, betlerment,
depreciation or additional work requested by the undersigned, not covered by insurance, must be
paid by the undersigned on or before its completion. I also hereby authorize and unequivocally
instruct direct payment of any benefits or proceeds to Company.
DATED THIS y DAY OF Rovembew » 2016, in Pon pOttproriae
1094. n.2 ttt ompdao,ft 33060
Address
EY FHS 9G
Phone
Preview
Case Number: COWE-18-000010 Division: 82 Filing # 65964257 E-Filed 01/02/2018 10:19:01 AM IN THE COUNTY COURT IN AND FOR BROWARD COUNTY, FLORIDA SOUTH FLORIDA DRY OUT CASE NO: SERVICES LLC (A/A/O ANNIE SAPP), Plaintiff, vs. STATE FARM FLORIDA INSURANCE COMPANY, Defendant. / COMPLAINT COMES NOW the Plaintiff, SOUTH FLORIDA DRY OUT SERVICES LLC (A/A/O ANNIE SAPP), (“DRY OUT"), by and through the undersigned counsel and hereby files this Complaint against the Defendant, STATE FARM FLORIDA INSURANCE COMPANY (“STATE FARM”), and as grounds therefore states as follows: GENERAL ALLEGATIONS AS TO ALL COUNTS 1, That this is an action for damages which does not exceed FIFTEEN THOUSAND DOLLARS ($15,000.00), exclusive of interest, attorney fees and costs, and is otherwise within the jurisdictional limits of this Court. 2. That at all times material hereto the Defendant, STATE FARM, was and is an insurance company authorized to do business in the State of Florida and doing business in Broward County, Florida, and is otherwise sui juris. *** FILED: BROWARD COUNTY, FL BRENDA D, FORMAN, CLERK 1/2/2018 10:18:59 AM.****3. That at all times material hereto the Plaintiff, DRY OUT, was and is authorized to do business in the State of Florida and doing business in Broward County, Florida, and is otherwise sui juris. 4. Jurisdiction and venue are proper in Broward County, Florida. COUNT I BREACH OF CONTRACT AS ASSIGNEE OF ANNIE SAPP Plaintiff readopts and realleges Paragraphs 1 through 4 above as if fully stated herein, and further alleges as follows: 5. Plaintiff brings this action based upon an after-loss assignment of insurance proceeds by ANNIE SAPP (“SAPP”). 6. That at all times material hereto, SAPP and Defendant had a policy of insurance, on the residence located at 1699 NW 7" Terrace, Pompano Beach, FL 33060, which afforded various types of coverages including coverage for damage to dwelling, other structures, personal property, and for loss of use. Plaintiff is not in possession of a true and correct copy of the policy, but believes one to be in possession of Defendant. 7. On or about October 7", 2016, the above described property was damaged as the result of water loss, and the subject insurance policy was in full force and effect at all times material hereto. 8 SAPP is entitled to insurance benefits for the water loss damages under the above-referenced policy. 9. On or about November 8", 2016, SAPP retained DRY OUT to perform services and/or repairs at the aforementioned property.10. Plaintiff provided necessary services for SAPP and in exchange, SAPP authorized direct payment and assigned his/her property insurance rights, benefits, and proceeds to the Plaintiff, DRY OUT, as consideration for the repairs made by the Plaintiff. A copy of the Work Order Agreement to Perform Services and/or Repairs, Assignment of Benefits and Direct Pay Authorization is attached hereto as Exhibit “A”. 11. Plaintiff has 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. As an assignee of the policy holder, compliance with any and all conditions precedent and/or statutory requirements by the policy holder is compliance by the Plaintiff. Any waiver that enures the benefit of the policy holder enures the benefit of the Plaintiff. 12. In accordance with the aforementioned Work Order Agreement to Perform Services and/or Repairs, Assignment of Benefits and Direct Pay Authorization, Plaintiff timely billed Defendant for services rendered at the above-mentioned property in relation to the subject water damage which would be covered under the aforesaid insurance policy with Defendant. 13. Defendant has failed and/or refused to make full payment. 14. That Defendant’s refusal to pay the full amount of the services rendered by the Plaintiff 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 a reasonable amount of the Plaintiffs claim. This is contrary to the terms of the policy and/or Florida law and was a breach of said insurance contract. 315. The Plaintiff has been damaged by the Defendant’s breach of said contract of insurance by not having been compensated for the services rendered to the insured property. 16. That as a direct and proximate result of the Defendant’s refusal to pay the Plaintiff for services rendered, the Plaintiff has been required to retain the services of the undersigned attorneys to represent and protect the Plaintiff's interests and Plaintiff has become obliged to pay them a reasonable fee for their services in bringing this action. 17. In the event that the Plaintiff prevails in this action, Plaintiff is entitled to an award of attorney fees and costs pursuant to Florida Statute Section 627.428 or other Florida law. WHEREFORE, the Plaintiff, SOUTH FLORIDA DRY OUT SERVICES LLC (A/A/O ANNIE SAPP), a Florida Corporation, demands judgment against the Defendant, STATE FARM FLORIDA INSURANCE COMPANY, for damages including, but not limited to, payment of Plaintiff's invoice/bill, interest allowed by law, reasonable attorney fees and costs pursuant to Florida Statute Section 627.428 or other Florida law, and any other relief this Court deems just and proper.DEMAND FOR JURY TRIAL The Plaintiff further demands a trial by jury of all issues so triable as a matter of right. Dated this /7 day of Deer ETE EO JR. Floridd Bar No: 328928 THE MINEO SALCEDO LAW FIRM, P.A. i Attorneys for Plaintiff \ 5400 S. University Drive, Suite 502 i Davie, FL 33328 ' T: (954) 463-8100 F; (954) 463-8106 Service@Mineolaw.comEXHIBIT “A”South Florida Dry Out Services LLC 6538 Collins Ave # 640 Miauni Beach, PL33141 Phone: 786-486-6055 and 786-564-8893 Email: sfldcyoul@gmait.com Clients Agen _SA ep. [ Date: \ \ | | ( fo ¥ a Addeess FAA W.u2, 2° BA tasuance cx GATe Lag voiions 79. Ko: G346-5 Ciepiaeizip Pawrpane Pl $3260 aajoser Chiat SAG M HOBSS Phone P54 FY3 "AF lol eee Email _. Adjuster phone Technician WORK ORDER AGREEMENT TO PERFORM SERVICES ANDIOR REPAIRS AND DIRECT PAY AUTHORIZATION ‘The agreement is made between The Client listed (hereinafter referred to as Tho: Client) and South Plorida Dry Out Services LLC (hereinafler rofezruad te ax The Contractor), The Client hie suffered 9 suddey and pted loss dur is WatedMoldSmmoke/Fire ete 2 0: 7 _ nom The Client hereby audvorizes The Contractor w pertivin the following services to mitignte the toss, smyived gis bi naman maton seuncal slewulinee and/or maintain # suitable tiviag condition andor comfort level. Tha Client certifies tne the camera! property has the appropriate insurance coverage co cover this toss and sat The Clint is rasporuiine for paytent of ery dednctibhe ‘ {cise upon Bret visit) ax woll as any charges on the final billing for this serving nol covered by The Cifent's insurance poliey or not paid by the Chigyts iisurarice company far any reason. Er thove iso tunirance billing pravided The Contactor wilt cotlect mn equipment deposit foe of, in order to start the job. Sten so. otto ves Sips CUE Abroes ttst ewiaresten of dibs daonone ge shel gucwete. pe a. Sret cis 20 Chen's sesranse company atc Bea's bullae, ‘Phe CHa Farther authorizes and instructs The Clients isunmes wornpaoy to pay directly 10 the Contractor (cr Co tnolude’The Contractor as a co-payeson thc check or dat) the amount shove em tte final billing for work one by The Costitaotor is eonneotion with (his elainn, The Client afso understands that the insuraace company is billed as & courtesy and convenience te The Cilaat. Should ‘The Client's Insurance Company fait ro honor this agreement, Tie Client will pay The Comtractar any balanco duc. 1 fs undeeseoad that The Cliemt is personally reeponsible for any fat alt decuctable, charges, or costs not covered by their insurance camnpany. ft is The Ciieat’s eomplete understanding that The Cantractar is Narking for The Cucat and not The Client's insurance compiny. Therefore, i i undoretuod that tive Client iv ultimately vospontite fo Tae Contractor for payment of enid servives, conga i Choa sal pubaesan ot ‘The Client will provide ctoa and continuous aecess fo Zou site for Resiad when wok is scheduled. Cltont’s elentfic and wate? are to be sade available forContractor’s uve during the procs of te work at no Gust to The Conteautor, Hs verbal ereangcmenis will be considered binding. Wis ngrend that all material furnished and labor performed ut the anihortadtion of thehome ‘owner ack Specified ia the estimate rause be in veciting inthe them of ant zdcitionat contract and will be ctiarged in addition ta tho peice heroin agreed upon, AM work provided for in the ageesment applies te the installation ane plocenient ely. ‘The Contractor will remove all canstruvtion debris feo the site and leave site in a Nevom-aleas condition faltowlng campletion of vestonetion, 420% up charge for uncompleted work shall he charged to The Client in the ever Tha Contractor is termmbnated for ang reuwon. Those fee caves restacking eirarges endl overhead iad peofil. By authorizing this contin The Cliont allows the Contractor to uishdbctant, antisoptivise, elvan, decomaminate, decdarize, famigate, purity, sanitize. and sterifize my oF the premises. The Client undersiancls thal it is beyond the expertise af The Contractor ta detertnine (Esemeoe: is sensitive fo their apptteation andl will hotd The Contractor harmless For thair use, ‘The Client hs rend the sbove arf understands thet this forin oopstitutey a content for services pesformed, Should i be necessary do institato legal proceedings to enforce coleation of this caniraotor, the prevalling pany shall he entitled ta ceasunable gttorney feo, Chients Signature to begin Pacts egy wiowe 1) | 8 7 {I . SoaSouth Florida Dry Out Services LLC Rea 6538 Collins Ave. #640 Miami Beach FL 33141 Email: sfdryout@pmail com Phone: 786.486.6055 ASSIGNMENT OF INSURANCE BENEFITS Clenviosued Aywir Sapp PolicyNumber _79-KQ- 6R/0:S Claim Numb __s SAGQIMUDOAB Insurer Site Fdem Date of Loss A0-7-Q016 ee L ASSIGNMENT OF INSURANCE BENEFITS I, hereby, assign any and all insurance rights, benefits, proceeds and any causes of action under any applicable insurance policies to South Florida Dry Out Services LLC (hereinafter referred to. as “Company”), for services rendered or to be rendered by Company. In this regard, I waive my privacy rights. | make this assignment in consideration of Company’s agreement to perform services and supply materials and otherwise perform its obligations under this contract, including not requiring full payment at the time of service. | also hereby direct my insurance carrier(s) to release any and all information requested by Company, its representative, and/or its Attomey for the direct purpose of obtaining actual benefits to be paid by my insurance carrier(s) for services rendered or to be rendered. I believe the appropriate insurance carrier to be Arts. U. DIRECT PAYMENT AUTHORIZATION L hereby, authorize Company be given irrevocable power-of-attorney and my express permission to endorse my name on any and all checks received from an insurance company on my bebalf for servioos provided by Company. | agree that any portion of work, deductibles, betlerment, depreciation or additional work requested by the undersigned, not covered by insurance, must be paid by the undersigned on or before its completion. I also hereby authorize and unequivocally instruct direct payment of any benefits or proceeds to Company. DATED THIS y DAY OF Rovembew » 2016, in Pon pOttproriae 1094. n.2 ttt ompdao,ft 33060 Address EY FHS 9G Phone