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Case Number: COSO-18-000150 Division: 61
Filing # 66103323 E-Filed 01/04/2018 01:49:58 PM
IN THE COUNTY COURT OF THE 17TH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
EASY DRY RESTORATION, INC. a/a/o
ELIDA BADAY GENERAL JURISDICTION DIVISION
Plaintiff,
v.
CASE NO.:
TOWER HILL SIGNATURE INSURANCE
COMPANY;
Defendant,
COMPLAINT FOR DAMAGES
COMES NOW the Plaintiff, EASY DRY RESTORATION, INC., (hereinafter “Plaintiff”)
a/alo ELIDA BADAY (hereinafter “Insured”), by and through its undersigned counsel and file its
complaint for damages against TOWER HILL SIGNATURE INSURANCE COMPANY,
(hereinafter “Defendant”) and states the following:
1. This is an action for breach of contract wherein the damages exceed $5,000 but are less
than $15,000 excluding attorney’s fees, costs and interest.
2. Jurisdiction and venue of this matter are proper in the County Courts of Broward
County, Florida.
3. The Plaintiff was and is a Florida Corporation existing under and by the virtue of the
laws of the State of Florida Foreign Corporation, who at all times material hereto was authorized
to conduct business within the State of Florida, with its principle place of business located at 2728
Davie Blvd, #93, Ft. Lauderdale, FL 33312.
4. The Defendant was and is a Florida Corporation existing under and by the virtue of the
laws of the State of Florida, who at all times material hereto, was engaged in the business of selling
homeowner’s insurance policies in Broward County, Florida.
*4* FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 1/8/2018 2:57:03 PM.****5. In exchange for its services, Plaintiff brings this action as an assignee of the Insured
pursuant to the valid assignment and contract between the Plaintiff and Insured. Attached hereto
and incorporated herein as Plaintiffs composite exhibit is a true and correct copy of said
assignment agreement.
6. Alternatively, Plaintiff has an assignment in equity based upon contracted services.
7. That the Defendant, TOWER HILL SIGNATURE, issued homeowner’s insurance
policy number P002800538 to the Insured. That said policy of insurance provided coverage for
the Insured dwelling located at 1700 SW 28th Way, Ft. Lauderdale, Broward County, Florida
33312. A formal copy of the Insured’s Policy is not currently in the possession of Plaintiff, but is
well known to Defendant, and will be requested by Plaintiff through a Request to Produce. See:
Parkway General Hospital, Inc. v Allstate Ins. Co., 393 So.2d 1171 (Fla. 3rd DCA 1981;
Equity premium, Inc. v. Twin City Fire Ins. Co., 956 So.2d 1257 (Fla. 4th DCA 2007).
8. The subject policy of insurance provides coverage to the Insured’s home for damages
including, but not limited to, damage caused to the property by water damage.
9. That on June 5, 2017, while the Insured homeowner’s insurance was in full force and
effect, a water intrusion occurred at the Insured residence, without any warning or anticipation to
the Insured. This resulted in water damage within the Insured’s residence.
10. Shortly after the water event described in Paragraph 8 above, the Insured contracted
with the Plaintiff for Plaintiff to provided necessary emergency water removal services, cleaning
and/or restoration services to Insured at Insured’s property. In exchange for said services, Insured
agreed to allow the direct billing of Plaintiff's services to Defendant (Exhibit “A” attached).
11. Plaintiff performed said services in accordance with generally accepted methods and
to the full satisfaction of the Insured.12. The Defendant benefited from the Insured taking reasonable and diligent actions to
mitigate the damages sustained by the Property.
13. The Defendant benefited from the emergency water extraction, cleaning, and/or
restoration services provided by Plaintiff to protect the Insured’s property from further damages.
14. Plaintiff has submitted reasonably priced invoices for the water extraction and/or
construction services provided to Insured at Insured’s property to Defendant and has been unpaid
or underpaid by the Defendant for same (see attached invoices as Exhibit “B”).
15. Defendant did not provide proper compensation to Plaintiff.
16. Asaresult of Defendant's failure to pay or underpay Plaintiff, Defendant breached the
subject policy.
17. As a direct and proximate cause of the Defendant’s breach of the subject policy, the
Plaintiff has suffered and continues to suffer damages.
18. As a direct and proximate cause of the Defendant’s breach of the subject policy, the
Plaintiff has been obligated to retain counsel for the prosecution of this action and is entitled to
reasonable attorneys’ fees and costs pursuant to Fla. Stat. § 627.428 (2015).
19. All conditions precedent to the filing of this lawsuit have occurred, have been waived,
have been performed, or performance thereof is futile.
COUNT I
BREACH OF CONTRACT
The Plaintiff re-alleges and reincorporates paragraphs | through 19 and further alleges in
support of this count as follows:20. The Insured is a named insured under the subject homeowner’s insurance policy and
said policy was in full force and effect at all times material to this Complaint, including when the
Insured’s property was damaged as described above.
21. Atal times material hereto, the Insured had the full power and authority to assign the
rights and/or part of the rights under the subject policy to Plaintiff.
22. The Insured assigned to the Plaintiff the Insured’s right to collect from the Defendant
for the services rendered by the Plaintiff.
23. Plaintiff has complied with all conditions precedent to entitle the Plaintiff to recover
under the subject policy or said conditions have been waived.
24. The Insured complied with any and all obligations under the subject policy.
25. Plaintiff is entitled to collect from the Defendant for the emergency water extraction,
cleaning, and/or restoration services provided by Plaintiff to mitigate the Insured’s damages at the
Insured’s Property that resulted from the water damage.
26. Plaintiff submitted to the Defendant a reasonably priced invoice for the work performed
at the Insured’s property and demanded payment for said invoice.
27. Despite demand for payment, the Defendant has failed or refused to pay all of the
Plaintiff's invoices.
28. Defendant’s refusal to reimburse the Plaintiff for contracted services provided, and
otherwise make Plaintiff whole, constitutes a breach of the subject Insurance Policy.
29. As a direct and proximate cause of the Defendant’s breach of the Policy, Plaintiff has
suffered and continues to suffer monetary damages.30. As a direct and proximate cause of the Defendant’s breach of the policy, Plaintiff has
been obligated to retain counsel for the prosecution of this action and is entitled to reasonable
attorney’s fees and costs pursuant to Fla Stat. § 627.428 (2015).
WHEREFORE, the Plaintiff requests this Honorable Court enter judgment against the
Defendant, and:
a. to declare that the Defendant has breached the Policy;
b. to award Plaintiff damages plus interest;
c. to award Plaintiff reasonable attorneys’ fees pursuant to Fla. Stat. §627.428 (2015);
d._ to award Plaintiff court costs; and
e. to award such other relief deemed just and equitable to this Court.
COUNT II
BREACH OF CONTRACT WITH IMPLIED
EQUITABLE ASSIGNMENT OF BENEFITS
The Plaintiff re-alleges and reincorporates paragraphs | through 19 and further alleges in
support of this count as follows;
31. It was the intent of the Plaintiff and Insured that the right to pursue a claim against
Defendant for the payment of Plaintiff’s invoices and benefits related to the services of Plaintiff
be transferred to Plaintiff.
32. Plaintiff contracted to and undertook to perform water extraction, clean up, and/or
remediation services at the Insured’s Property and dwelling without full payment for services up
front in reliance upon and based upon the understanding and belief of the parties that Plaintiff
would be assigned the Insured’s rights and benefits under the subject policy for Plaintiff's services
and would have the right to pursue payment of its invoices directly from Defendant under Insured’sPolicy. As part of the actual contract between Plaintiff and the Insured, an assignment of the
Insured’s claim against the Defendant was logically implied.
33. Defendant was, at all times material to this Complaint, on notice of the intent of
Plaintiff and Insured set forth in paragraphs 31 and 32 above, as well as Plaintiff's reliance upon
this agreement between the Insured and Plaintiff.
34. Plaintiff is the actual beneficiary of the Insured’s benefits and payments under the
Insured’s Policy for the services performed by Plaintiff at the Insured’s Property and dwelling.
35. Defendant, while aware of the foregoing, notified the Insured of the Insured’s duty to
mitigate against further damages after the loss. Said notification furthered Plaintiff's reliance upon
said intent and agreement of Plaintiff and the Insured.
36. Defendant further induced Plaintiff to undertake services in this matter without
payment up front and/or has otherwise taken actions inconsistent with a denial of and/or challenge
to the actual assignment of benefits entered into between Plaintiff and the Insured in this matter.
37. Plaintiff relied upon Defendant’s express duties to mitigate communicated to Insured,
to Plaintiff's detriment.
38. Plaintiff is entitled to an award of benefits upon the Insured’s Policy for Defendant’s
breach of contract under that policy under an implied and equitable assignment of benefits. See:
All Way Reliable Bldg. Maintenance, Inc. v. Moore, 261 So.2nd 131, 132 (Fla. 1972); Cont'l Cas.
Co. v. Ryan Inc. Eastern, 974 So0.2d 368, 378 (Fla, 2008); Giles v. Sun Bank, NA., 450 So.2d 258,
260 (Fla. 5 DCA 1984); Vt. Mut. Ins. Co. v. Bolding, 381 So.2d 320 (Fla. 5 DCA 1980).
39. Asaresult of Defendant’s aforementioned breach of contract, it has become necessary
that Plaintiff retain the services of the undersigned attorney. Plaintiff is obligated to pay a
reasonable fee for the undersigned attorneys’ services in bringing this action, plus necessary costs.40. _ Plaintiff is entitled to recover attorney’s fees and costs from Defendant under Fla. Stat.
§627.428 (2015).
WHEREFORE, the Plaintiff, EASY DRY RESTORATION, INC. a/a/o ELIDA BADAY,
hereby respectfully requests this honorable court enter judgment against the Defendant, TOWER
HILL SIGNATURE INSURANCE COMPANY, for all unpaid invoices with interest on any
overdue payments, reasonable attorney's fees pursuant to Florida Statute 627.428, court costs, and
any other relief deemed just and equitable.
DEMAND FOR JURY TRIAL
The Plaintiff demands a trial by jury of all issues so triable.
Dated: January 4, 2018
Respectfully submitted,
MSPG LAW GROUP OF CENTRAL
FLORIDA, PLLC
Attorney for the Plaintiff
220 Palmetto Avenue
Orlando, Florida 32801
Telephone: (407) 978-6603
Facsimile: (321) 275-0888
By:/s/ Rafael F. Garcia
RAFAEL F. GARCIA
FBN: 075058
Direct Email:
ralph@mspginsurancelaw.com
For Service of Documents only:
service@mspginsurancelaw.comEXHIBIT “A”EASY DRY RESTORATION INC
2728 Davie Blvd, #93, Ft. Lauderdale, FL 33312
(954) 393-5311
Email: easydryrestoration@gmail.com
Contract for Services, Assignment, Direct and Separate Payment
Authorization
Insured / Owner: E\ da body
Property Address: (A) Ga) 2 ubauy FA Cadachle FC az
Insurance Co: Tanet Wath
Policy Number: YOQ2K QDSHB
DOL: GS 2017 |
Type of Emergency Wokey Darhagaa :
Claim Number: 2200201001 V
Agreement: L = \ ,
(Owner/Agent) for the property listed above, authorize y Dry Restoration, Inc (“EDR”) to enter my property,
furnish materials, and supply all equipment to perform emérgency mitigation and restoration services to preserve,
protect and secure my property from future damage. | authorize EDR to begin mitigation and restoration services
immediately.
Assignment of Benefit. Direct and Separate Payment Authorization: In connection to services provided or to
be provided by EDR, | hereby assign EDR any and all insurance rights, benefits and proceeds under any
applicable insurance policies. | also hereby direct and authorize my insurance carrier(s) to pay direct to EDR and
to separate their payment from any other payment(s) related to the claim(s) noted above for services provided or
to be provided by EDR related to the insurance claim noted above. | authorize EDR to contact my insurance
carrier and | direct my insurance carrier to release any and all information requested by EDR, its representatives,
or its Attorney for the direct purpose of obtaining payment by my insurance carrier for services rendered or to be
rendered by EDR. In this regard, | wave my privacy rights.
Stop Work Hold Harmless: In the event that the Owner | Agent does not allow EDR to perform its recommended
mitigation procedures and | or drying equipment is removed, | agree to release and hold EDR harmless, and
indemnify EDR against all claims or actions that may result from such event. EDR's liability is expressly limited to
the total amount of the services authorized herein and in no event shall EDR, its agents, successors,
representatives, administrators and employees, be liable for consequential damages of any kind. | fully
understand and | agree that EDR is not an agent (actual or apparent) of the insurance company, and/or insurance
agent, and | wave all rights to claim EDR as an agent of either. In the event EDR places a tarp on the Property's
roof, Insured | Owner understands that Insured | Owner is fully responsible for maintaining the tarp, not EDR and
that tarp is a temporary solution.
Authorization for Antimicrobial Agents: | understand that in the best judgment of EDR, materials may be
treated with an antimicrobial agent to inhibit the growth of micro-organism during the drying process. | have
received advance notice of the use of antimicrobial and/or antimicrobial products as part of the restoration
process. | understand it is beyond the expertise of EDR to determine if someone is sensitive to its application and
will hold EDR harmless for its use.
Continued on Next Page
Payment for services rendered by EDR is due upon completion of services. Late charges of 1.5% monthly are
charged to any and all unpaid balances. This agreement shall be interpreted under laws of the State of Florida.
EDR shall be entitled to reimbursement for cost of collection (including reasonable attorney 's fees and cost) of
unpaid amount s by Owner | Agent and for reasonable attorney's fees and cost for the breach, or enforcement to
any terms of this entire contract.EASY DRY RESTORATION INC
2728 Davie Blvd, #93, Ft. Lauderdale, FL 33312
(954) 393-5311
Email: easydryrestoration@gmail.com
Deductible paid with Click or tap here to enter text. for $C lick or tap here to enter text. on Click or
tap to enter a date. received by Click or tap here to enter text
Ihave read and understand the information above and received a copy for my records.
Owner Signature: Blac Date: b Is [40 >
/ 0 i
Owner Signature: Date:EXHIBIT “B”Easy Dry Restoration
Insured: © ELIDA BADAY
Property: 1700 SW 28 WAY
FORT LAUDERDALE , FL 33312
Claim Rep.: Easy Dry Restoration
Estimator: | Easy Dry Restoration
Claim Number: KITCHEN Policy Number: P002800538
Date of Loss: 2017-06-05 12:00 AM Date Received:
Date Inspected: Date Entered:
Price List:
Estimate:
FLFL8X_JUNI7
Restoration/Service/Remodel
BADAY-DRY-KITCHEN
Type of Loss: Water Damage
2017-06-19 4:03 PMEasy Dry Restoration
BADAY-DRY-KITCHEN
Main Level
Main Level
DESCRIPTION QUANTITY UNIT PRICE TAX O&P RCV DEPREC. ACV
60. Water Extraction & Remediation 5.00 HR 45.06 0.00 45.06 270.36 (0.00) 270.36
Technician - per hour
61. Plastic bag - used for disposal of 2.00EA 3.38 0.41 1.44 8.61 (0.00) 8.61
contaminated items
62. Personal protective gloves - Disposable 3.00 EA 0.29 0.05 0.20 1.12 (0.00) 1.12
(per pair)
63. Eye protection - plastic goggles - 3.00 EA 4.72 0.85 3.02 18.03 (0.00) 18.03
Disposable
64, Equipment setup, take down, and 5.00HR 45.06 0.00 45.06 270.36 (0.00) 270,36
monitoring (hourly charge)
65, Equipment decontamination charge - 5.00 EA 37.11 1.04 37.32 223.91 (0.00) 223.91
per piece of equipment
66. Emergency service call - during 1,00EA 127.91 0.00 25.58 153.49 (0.00) 153.49
business hours
67. Cleaning & Remediation - Supervisory 5,00HR 47.97 0.00 47.98 287.83 (0.00) 287.83
- per hr
68. Administrative charge for check 1.00HR 900.00 0.00 180.00 1,080.00 (0.00) 1,080.00
endorsement*
69. Add for personal protective equipment 3.00 EA 9.35 131 5.88 35.24 (0.00) 35.24
(hazardous cleanup)
70. Add for HEPA filter (for negative air 1.00 EA 186.81 10.50 39.46 236.77 (0.00) 236.77
exhaust fan)
71. Thermal imaging - (Bid Item) 1.00 EA 250.00 0.00 50.00 300.00 (0.00) 300.00
72. Debris disposal - (Bid Item) 1.00EA 100.00 0.00 20.00 120.00 (0.00) 120.00
Total: Main Level 14.16 501.00 3,005.72 0.00 3,005.72
Kitchen Height: 8"
313.33 SF Walls 96.75 SF Ceiling
410.08 SF Walls & Ceiling 96.75 SF Floor
10.75 SY Flooring 38.50 LF Floor Perimeter
42.50 LF Ceil. Perimeter
=F
Missing Wall - Goes to Floor 4 X6'8" Opens into Exterior
DESCRIPTION QUANTITY UNIT PRICE TAX O&P RCV DEPREC. ACV
73. Drill holes for wall cavity drying 3.00 EA 0.42 0.00 0.26 1.52 (0.00) 1,52
75. Wall cavity drying-Inj. type (per 24 hr 5.00DA 140.00 0.00 140.00 840.00 (0.00) 840.00
period) No monit.
76. Neg. air fan/Air scrub.-Large (per 24 5.00DA 122.84 0.00 122.84 737.04 (0.00) 737.04
hr period)-No monit.
77. General clean - up 1.00HR 31.13 0.00 6.22 37.35 (0.00) 37.35
BADAY-DRY-KITCHEN 2017-07-11 Page: 2Easy Dry Restoration
CONTINUED - Kitchen
DESCRIPTION QUANTITY UNIT PRICE TAX O&P RCV DEPREC. ACV
79. Dehumidifier (per 24 hour period) - S.00EA 110.00 0.00 110.00 660.00 (0.00) 660.00
XLarge - No monitoring
80. Clean floor 96.75 SF 0.29 0.00 5.62 33.68 (0.00) 33.68
82. Apply anti-microbial agent to the floor _—_-96.75 SF 0.20 0.17 3.92 23.44 (0.00) 23.44
83. Air mover (per 24 hour period) - No S.00EA 25.57 0.00 25.58 153.43 (0.00) 153.43
monitoring
84. Add for HEPA filter (for negative air 1.00EA 186.81 10.50 39.46 236.77 (0.00) 236.77
exhaust fan)
Totals: Kitchen 10.67 453.90 2,723.23 0.00 2,723.23
Total: Main Level 24.83 954.90 5,728.95 0.00 5,728.95
Labor Minimums Applied
DESCRIPTION QUANTITY UNIT PRICE TAX O&P RCV DEPREC. ACV,
74, Water extract/remediation labor 1.00EA 94.95 0.00 19.00 113.95 (0.00) 113.95
minimum
78. Cleaning labor minimum 1.00EA 46.69 0.00 9.34 56.03 (0.00) 56.03
81. Floor cleaning labor minimum, 1.00EA 69.72 0.00 13.94 83.66 (0.00) 83.66
85. Hazardous waste/mold rem, labor min 1.00EA 132.20 0.00 26.44 158.64 (0.00) 158.64
Totals: Labor Minimums Applied 0.00 68.72 412.28 0.00 412,28
Line Item Totals: BADAY-DRY-KITCHEN 24.83 1,023.62 6,141.23 0.00 6,141.23
Grand Total Areas:
313.33 SF Walls 96.75 SF Ceiling 410.08 SF Walls and Ceiling
96.75 SF Floor 10.75 SY Flooring 38.50 LF Floor Perimeter
0.00 SF Long Wall 0.00 SF Short Wall 42.50 LF Ceil. Perimeter
96.75 Floor Area 111.36 Total Area 313.33 Interior Wall Area
379.83 Exterior Wall Area 45.17 Exterior Perimeter of
Walls
0.00 Surface Area 0.00 Number of Squares 0.00 Total Perimeter Length
0.00 Total Ridge Length
BADAY-DRY-KITCHEN
0.00 Total Hip Length
2017-07-11
Page: 3Easy Dry Restoration
Summary for Dwelling
Line Item Total 5,092.78
Material Sales Tax 24.83
Subtotal 5,117.61
Overhead S11.81
Profit 511.81
Replacement Cost Value $6,141.23
Net Claim $6,141.23
EasyDryRestoration
BADAY-DRY-KITCHEN 2017-07-11 Page: 4Easy Dry Restoration
Recap of Taxes, Overhead and Profit
Overhead (10%) Profit (10%) — Material Sales Tax Laundering Tax (2%) | Manuf.Home Tax Storage Rental Tax
(6%) (6%) (6%)
Line Items
S181 S181 24,83 0.00 0.00 0.00
Total
511.81 511.81 24,83 0.00 0.00 0.00
BADAY-DRY-KITCHEN 2017-07-11 Page: 5Easy Dry Restoration
Recap by Room
Estimate: BADAY-DRY-KITCHEN
Area: Main Level 2,490.56 48.90%
Kitchen 2,258.66 44.35%
Area Subtotal: Main Level 4,749.22 93.25%
Labor Minimums Applied 343.56 6.75%
Subtotal of Areas 5,092.78 100.00%
Total 5,092.78 100.00%
BADAY-DRY-KITCHEN 2017-07-11 Page: 6Easy Dry Restoration
Recap by Category
O&P Items Total %
CLEANING 175.60 2.86%
GENERAL DEMOLITION 100.00 1.63%
HAZARDOUS MATERIAL REMEDIATION 741.21 12.07%
LABOR ONLY 900.00 14.66%
TRAUMA/CRIME SCENE REMEDIATION 614.20 10.00%
WATER EXTRACTION & REMEDIATION 2,561.77 41.71%
O&P Items Subtotal 5,092.78 82.93%
Material Sales Tax 24.83 0.40%
Overhead 511.81 8.33%
Profit 511.81 8.33%
Total 6,141.23 100.00%
BADAY-DRY-KITCHEN 2017-07-11 Page: 7
Preview
Case Number: COSO-18-000150 Division: 61 Filing # 66103323 E-Filed 01/04/2018 01:49:58 PM IN THE COUNTY COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA EASY DRY RESTORATION, INC. a/a/o ELIDA BADAY GENERAL JURISDICTION DIVISION Plaintiff, v. CASE NO.: TOWER HILL SIGNATURE INSURANCE COMPANY; Defendant, COMPLAINT FOR DAMAGES COMES NOW the Plaintiff, EASY DRY RESTORATION, INC., (hereinafter “Plaintiff”) a/alo ELIDA BADAY (hereinafter “Insured”), by and through its undersigned counsel and file its complaint for damages against TOWER HILL SIGNATURE INSURANCE COMPANY, (hereinafter “Defendant”) and states the following: 1. This is an action for breach of contract wherein the damages exceed $5,000 but are less than $15,000 excluding attorney’s fees, costs and interest. 2. Jurisdiction and venue of this matter are proper in the County Courts of Broward County, Florida. 3. The Plaintiff was and is a Florida Corporation existing under and by the virtue of the laws of the State of Florida Foreign Corporation, who at all times material hereto was authorized to conduct business within the State of Florida, with its principle place of business located at 2728 Davie Blvd, #93, Ft. Lauderdale, FL 33312. 4. The Defendant was and is a Florida Corporation existing under and by the virtue of the laws of the State of Florida, who at all times material hereto, was engaged in the business of selling homeowner’s insurance policies in Broward County, Florida. *4* FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 1/8/2018 2:57:03 PM.****5. In exchange for its services, Plaintiff brings this action as an assignee of the Insured pursuant to the valid assignment and contract between the Plaintiff and Insured. Attached hereto and incorporated herein as Plaintiffs composite exhibit is a true and correct copy of said assignment agreement. 6. Alternatively, Plaintiff has an assignment in equity based upon contracted services. 7. That the Defendant, TOWER HILL SIGNATURE, issued homeowner’s insurance policy number P002800538 to the Insured. That said policy of insurance provided coverage for the Insured dwelling located at 1700 SW 28th Way, Ft. Lauderdale, Broward County, Florida 33312. A formal copy of the Insured’s Policy is not currently in the possession of Plaintiff, but is well known to Defendant, and will be requested by Plaintiff through a Request to Produce. See: Parkway General Hospital, Inc. v Allstate Ins. Co., 393 So.2d 1171 (Fla. 3rd DCA 1981; Equity premium, Inc. v. Twin City Fire Ins. Co., 956 So.2d 1257 (Fla. 4th DCA 2007). 8. The subject policy of insurance provides coverage to the Insured’s home for damages including, but not limited to, damage caused to the property by water damage. 9. That on June 5, 2017, while the Insured homeowner’s insurance was in full force and effect, a water intrusion occurred at the Insured residence, without any warning or anticipation to the Insured. This resulted in water damage within the Insured’s residence. 10. Shortly after the water event described in Paragraph 8 above, the Insured contracted with the Plaintiff for Plaintiff to provided necessary emergency water removal services, cleaning and/or restoration services to Insured at Insured’s property. In exchange for said services, Insured agreed to allow the direct billing of Plaintiff's services to Defendant (Exhibit “A” attached). 11. Plaintiff performed said services in accordance with generally accepted methods and to the full satisfaction of the Insured.12. The Defendant benefited from the Insured taking reasonable and diligent actions to mitigate the damages sustained by the Property. 13. The Defendant benefited from the emergency water extraction, cleaning, and/or restoration services provided by Plaintiff to protect the Insured’s property from further damages. 14. Plaintiff has submitted reasonably priced invoices for the water extraction and/or construction services provided to Insured at Insured’s property to Defendant and has been unpaid or underpaid by the Defendant for same (see attached invoices as Exhibit “B”). 15. Defendant did not provide proper compensation to Plaintiff. 16. Asaresult of Defendant's failure to pay or underpay Plaintiff, Defendant breached the subject policy. 17. As a direct and proximate cause of the Defendant’s breach of the subject policy, the Plaintiff has suffered and continues to suffer damages. 18. As a direct and proximate cause of the Defendant’s breach of the subject policy, the Plaintiff has been obligated to retain counsel for the prosecution of this action and is entitled to reasonable attorneys’ fees and costs pursuant to Fla. Stat. § 627.428 (2015). 19. All conditions precedent to the filing of this lawsuit have occurred, have been waived, have been performed, or performance thereof is futile. COUNT I BREACH OF CONTRACT The Plaintiff re-alleges and reincorporates paragraphs | through 19 and further alleges in support of this count as follows:20. The Insured is a named insured under the subject homeowner’s insurance policy and said policy was in full force and effect at all times material to this Complaint, including when the Insured’s property was damaged as described above. 21. Atal times material hereto, the Insured had the full power and authority to assign the rights and/or part of the rights under the subject policy to Plaintiff. 22. The Insured assigned to the Plaintiff the Insured’s right to collect from the Defendant for the services rendered by the Plaintiff. 23. Plaintiff has complied with all conditions precedent to entitle the Plaintiff to recover under the subject policy or said conditions have been waived. 24. The Insured complied with any and all obligations under the subject policy. 25. Plaintiff is entitled to collect from the Defendant for the emergency water extraction, cleaning, and/or restoration services provided by Plaintiff to mitigate the Insured’s damages at the Insured’s Property that resulted from the water damage. 26. Plaintiff submitted to the Defendant a reasonably priced invoice for the work performed at the Insured’s property and demanded payment for said invoice. 27. Despite demand for payment, the Defendant has failed or refused to pay all of the Plaintiff's invoices. 28. Defendant’s refusal to reimburse the Plaintiff for contracted services provided, and otherwise make Plaintiff whole, constitutes a breach of the subject Insurance Policy. 29. As a direct and proximate cause of the Defendant’s breach of the Policy, Plaintiff has suffered and continues to suffer monetary damages.30. As a direct and proximate cause of the Defendant’s breach of the policy, Plaintiff has been obligated to retain counsel for the prosecution of this action and is entitled to reasonable attorney’s fees and costs pursuant to Fla Stat. § 627.428 (2015). WHEREFORE, the Plaintiff requests this Honorable Court enter judgment against the Defendant, and: a. to declare that the Defendant has breached the Policy; b. to award Plaintiff damages plus interest; c. to award Plaintiff reasonable attorneys’ fees pursuant to Fla. Stat. §627.428 (2015); d._ to award Plaintiff court costs; and e. to award such other relief deemed just and equitable to this Court. COUNT II BREACH OF CONTRACT WITH IMPLIED EQUITABLE ASSIGNMENT OF BENEFITS The Plaintiff re-alleges and reincorporates paragraphs | through 19 and further alleges in support of this count as follows; 31. It was the intent of the Plaintiff and Insured that the right to pursue a claim against Defendant for the payment of Plaintiff’s invoices and benefits related to the services of Plaintiff be transferred to Plaintiff. 32. Plaintiff contracted to and undertook to perform water extraction, clean up, and/or remediation services at the Insured’s Property and dwelling without full payment for services up front in reliance upon and based upon the understanding and belief of the parties that Plaintiff would be assigned the Insured’s rights and benefits under the subject policy for Plaintiff's services and would have the right to pursue payment of its invoices directly from Defendant under Insured’sPolicy. As part of the actual contract between Plaintiff and the Insured, an assignment of the Insured’s claim against the Defendant was logically implied. 33. Defendant was, at all times material to this Complaint, on notice of the intent of Plaintiff and Insured set forth in paragraphs 31 and 32 above, as well as Plaintiff's reliance upon this agreement between the Insured and Plaintiff. 34. Plaintiff is the actual beneficiary of the Insured’s benefits and payments under the Insured’s Policy for the services performed by Plaintiff at the Insured’s Property and dwelling. 35. Defendant, while aware of the foregoing, notified the Insured of the Insured’s duty to mitigate against further damages after the loss. Said notification furthered Plaintiff's reliance upon said intent and agreement of Plaintiff and the Insured. 36. Defendant further induced Plaintiff to undertake services in this matter without payment up front and/or has otherwise taken actions inconsistent with a denial of and/or challenge to the actual assignment of benefits entered into between Plaintiff and the Insured in this matter. 37. Plaintiff relied upon Defendant’s express duties to mitigate communicated to Insured, to Plaintiff's detriment. 38. Plaintiff is entitled to an award of benefits upon the Insured’s Policy for Defendant’s breach of contract under that policy under an implied and equitable assignment of benefits. See: All Way Reliable Bldg. Maintenance, Inc. v. Moore, 261 So.2nd 131, 132 (Fla. 1972); Cont'l Cas. Co. v. Ryan Inc. Eastern, 974 So0.2d 368, 378 (Fla, 2008); Giles v. Sun Bank, NA., 450 So.2d 258, 260 (Fla. 5 DCA 1984); Vt. Mut. Ins. Co. v. Bolding, 381 So.2d 320 (Fla. 5 DCA 1980). 39. Asaresult of Defendant’s aforementioned breach of contract, it has become necessary that Plaintiff retain the services of the undersigned attorney. Plaintiff is obligated to pay a reasonable fee for the undersigned attorneys’ services in bringing this action, plus necessary costs.40. _ Plaintiff is entitled to recover attorney’s fees and costs from Defendant under Fla. Stat. §627.428 (2015). WHEREFORE, the Plaintiff, EASY DRY RESTORATION, INC. a/a/o ELIDA BADAY, hereby respectfully requests this honorable court enter judgment against the Defendant, TOWER HILL SIGNATURE INSURANCE COMPANY, for all unpaid invoices with interest on any overdue payments, reasonable attorney's fees pursuant to Florida Statute 627.428, court costs, and any other relief deemed just and equitable. DEMAND FOR JURY TRIAL The Plaintiff demands a trial by jury of all issues so triable. Dated: January 4, 2018 Respectfully submitted, MSPG LAW GROUP OF CENTRAL FLORIDA, PLLC Attorney for the Plaintiff 220 Palmetto Avenue Orlando, Florida 32801 Telephone: (407) 978-6603 Facsimile: (321) 275-0888 By:/s/ Rafael F. Garcia RAFAEL F. GARCIA FBN: 075058 Direct Email: ralph@mspginsurancelaw.com For Service of Documents only: service@mspginsurancelaw.comEXHIBIT “A”EASY DRY RESTORATION INC 2728 Davie Blvd, #93, Ft. Lauderdale, FL 33312 (954) 393-5311 Email: easydryrestoration@gmail.com Contract for Services, Assignment, Direct and Separate Payment Authorization Insured / Owner: E\ da body Property Address: (A) Ga) 2 ubauy FA Cadachle FC az Insurance Co: Tanet Wath Policy Number: YOQ2K QDSHB DOL: GS 2017 | Type of Emergency Wokey Darhagaa : Claim Number: 2200201001 V Agreement: L = \ , (Owner/Agent) for the property listed above, authorize y Dry Restoration, Inc (“EDR”) to enter my property, furnish materials, and supply all equipment to perform emérgency mitigation and restoration services to preserve, protect and secure my property from future damage. | authorize EDR to begin mitigation and restoration services immediately. Assignment of Benefit. Direct and Separate Payment Authorization: In connection to services provided or to be provided by EDR, | hereby assign EDR any and all insurance rights, benefits and proceeds under any applicable insurance policies. | also hereby direct and authorize my insurance carrier(s) to pay direct to EDR and to separate their payment from any other payment(s) related to the claim(s) noted above for services provided or to be provided by EDR related to the insurance claim noted above. | authorize EDR to contact my insurance carrier and | direct my insurance carrier to release any and all information requested by EDR, its representatives, or its Attorney for the direct purpose of obtaining payment by my insurance carrier for services rendered or to be rendered by EDR. In this regard, | wave my privacy rights. Stop Work Hold Harmless: In the event that the Owner | Agent does not allow EDR to perform its recommended mitigation procedures and | or drying equipment is removed, | agree to release and hold EDR harmless, and indemnify EDR against all claims or actions that may result from such event. EDR's liability is expressly limited to the total amount of the services authorized herein and in no event shall EDR, its agents, successors, representatives, administrators and employees, be liable for consequential damages of any kind. | fully understand and | agree that EDR is not an agent (actual or apparent) of the insurance company, and/or insurance agent, and | wave all rights to claim EDR as an agent of either. In the event EDR places a tarp on the Property's roof, Insured | Owner understands that Insured | Owner is fully responsible for maintaining the tarp, not EDR and that tarp is a temporary solution. Authorization for Antimicrobial Agents: | understand that in the best judgment of EDR, materials may be treated with an antimicrobial agent to inhibit the growth of micro-organism during the drying process. | have received advance notice of the use of antimicrobial and/or antimicrobial products as part of the restoration process. | understand it is beyond the expertise of EDR to determine if someone is sensitive to its application and will hold EDR harmless for its use. Continued on Next Page Payment for services rendered by EDR is due upon completion of services. Late charges of 1.5% monthly are charged to any and all unpaid balances. This agreement shall be interpreted under laws of the State of Florida. EDR shall be entitled to reimbursement for cost of collection (including reasonable attorney 's fees and cost) of unpaid amount s by Owner | Agent and for reasonable attorney's fees and cost for the breach, or enforcement to any terms of this entire contract.EASY DRY RESTORATION INC 2728 Davie Blvd, #93, Ft. Lauderdale, FL 33312 (954) 393-5311 Email: easydryrestoration@gmail.com Deductible paid with Click or tap here to enter text. for $C lick or tap here to enter text. on Click or tap to enter a date. received by Click or tap here to enter text Ihave read and understand the information above and received a copy for my records. Owner Signature: Blac Date: b Is [40 > / 0 i Owner Signature: Date:EXHIBIT “B”Easy Dry Restoration Insured: © ELIDA BADAY Property: 1700 SW 28 WAY FORT LAUDERDALE , FL 33312 Claim Rep.: Easy Dry Restoration Estimator: | Easy Dry Restoration Claim Number: KITCHEN Policy Number: P002800538 Date of Loss: 2017-06-05 12:00 AM Date Received: Date Inspected: Date Entered: Price List: Estimate: FLFL8X_JUNI7 Restoration/Service/Remodel BADAY-DRY-KITCHEN Type of Loss: Water Damage 2017-06-19 4:03 PMEasy Dry Restoration BADAY-DRY-KITCHEN Main Level Main Level DESCRIPTION QUANTITY UNIT PRICE TAX O&P RCV DEPREC. ACV 60. Water Extraction & Remediation 5.00 HR 45.06 0.00 45.06 270.36 (0.00) 270.36 Technician - per hour 61. Plastic bag - used for disposal of 2.00EA 3.38 0.41 1.44 8.61 (0.00) 8.61 contaminated items 62. Personal protective gloves - Disposable 3.00 EA 0.29 0.05 0.20 1.12 (0.00) 1.12 (per pair) 63. Eye protection - plastic goggles - 3.00 EA 4.72 0.85 3.02 18.03 (0.00) 18.03 Disposable 64, Equipment setup, take down, and 5.00HR 45.06 0.00 45.06 270.36 (0.00) 270,36 monitoring (hourly charge) 65, Equipment decontamination charge - 5.00 EA 37.11 1.04 37.32 223.91 (0.00) 223.91 per piece of equipment 66. Emergency service call - during 1,00EA 127.91 0.00 25.58 153.49 (0.00) 153.49 business hours 67. Cleaning & Remediation - Supervisory 5,00HR 47.97 0.00 47.98 287.83 (0.00) 287.83 - per hr 68. Administrative charge for check 1.00HR 900.00 0.00 180.00 1,080.00 (0.00) 1,080.00 endorsement* 69. Add for personal protective equipment 3.00 EA 9.35 131 5.88 35.24 (0.00) 35.24 (hazardous cleanup) 70. Add for HEPA filter (for negative air 1.00 EA 186.81 10.50 39.46 236.77 (0.00) 236.77 exhaust fan) 71. Thermal imaging - (Bid Item) 1.00 EA 250.00 0.00 50.00 300.00 (0.00) 300.00 72. Debris disposal - (Bid Item) 1.00EA 100.00 0.00 20.00 120.00 (0.00) 120.00 Total: Main Level 14.16 501.00 3,005.72 0.00 3,005.72 Kitchen Height: 8" 313.33 SF Walls 96.75 SF Ceiling 410.08 SF Walls & Ceiling 96.75 SF Floor 10.75 SY Flooring 38.50 LF Floor Perimeter 42.50 LF Ceil. Perimeter =F Missing Wall - Goes to Floor 4 X6'8" Opens into Exterior DESCRIPTION QUANTITY UNIT PRICE TAX O&P RCV DEPREC. ACV 73. Drill holes for wall cavity drying 3.00 EA 0.42 0.00 0.26 1.52 (0.00) 1,52 75. Wall cavity drying-Inj. type (per 24 hr 5.00DA 140.00 0.00 140.00 840.00 (0.00) 840.00 period) No monit. 76. Neg. air fan/Air scrub.-Large (per 24 5.00DA 122.84 0.00 122.84 737.04 (0.00) 737.04 hr period)-No monit. 77. General clean - up 1.00HR 31.13 0.00 6.22 37.35 (0.00) 37.35 BADAY-DRY-KITCHEN 2017-07-11 Page: 2Easy Dry Restoration CONTINUED - Kitchen DESCRIPTION QUANTITY UNIT PRICE TAX O&P RCV DEPREC. ACV 79. Dehumidifier (per 24 hour period) - S.00EA 110.00 0.00 110.00 660.00 (0.00) 660.00 XLarge - No monitoring 80. Clean floor 96.75 SF 0.29 0.00 5.62 33.68 (0.00) 33.68 82. Apply anti-microbial agent to the floor _—_-96.75 SF 0.20 0.17 3.92 23.44 (0.00) 23.44 83. Air mover (per 24 hour period) - No S.00EA 25.57 0.00 25.58 153.43 (0.00) 153.43 monitoring 84. Add for HEPA filter (for negative air 1.00EA 186.81 10.50 39.46 236.77 (0.00) 236.77 exhaust fan) Totals: Kitchen 10.67 453.90 2,723.23 0.00 2,723.23 Total: Main Level 24.83 954.90 5,728.95 0.00 5,728.95 Labor Minimums Applied DESCRIPTION QUANTITY UNIT PRICE TAX O&P RCV DEPREC. ACV, 74, Water extract/remediation labor 1.00EA 94.95 0.00 19.00 113.95 (0.00) 113.95 minimum 78. Cleaning labor minimum 1.00EA 46.69 0.00 9.34 56.03 (0.00) 56.03 81. Floor cleaning labor minimum, 1.00EA 69.72 0.00 13.94 83.66 (0.00) 83.66 85. Hazardous waste/mold rem, labor min 1.00EA 132.20 0.00 26.44 158.64 (0.00) 158.64 Totals: Labor Minimums Applied 0.00 68.72 412.28 0.00 412,28 Line Item Totals: BADAY-DRY-KITCHEN 24.83 1,023.62 6,141.23 0.00 6,141.23 Grand Total Areas: 313.33 SF Walls 96.75 SF Ceiling 410.08 SF Walls and Ceiling 96.75 SF Floor 10.75 SY Flooring 38.50 LF Floor Perimeter 0.00 SF Long Wall 0.00 SF Short Wall 42.50 LF Ceil. Perimeter 96.75 Floor Area 111.36 Total Area 313.33 Interior Wall Area 379.83 Exterior Wall Area 45.17 Exterior Perimeter of Walls 0.00 Surface Area 0.00 Number of Squares 0.00 Total Perimeter Length 0.00 Total Ridge Length BADAY-DRY-KITCHEN 0.00 Total Hip Length 2017-07-11 Page: 3Easy Dry Restoration Summary for Dwelling Line Item Total 5,092.78 Material Sales Tax 24.83 Subtotal 5,117.61 Overhead S11.81 Profit 511.81 Replacement Cost Value $6,141.23 Net Claim $6,141.23 EasyDryRestoration BADAY-DRY-KITCHEN 2017-07-11 Page: 4Easy Dry Restoration Recap of Taxes, Overhead and Profit Overhead (10%) Profit (10%) — Material Sales Tax Laundering Tax (2%) | Manuf.Home Tax Storage Rental Tax (6%) (6%) (6%) Line Items S181 S181 24,83 0.00 0.00 0.00 Total 511.81 511.81 24,83 0.00 0.00 0.00 BADAY-DRY-KITCHEN 2017-07-11 Page: 5Easy Dry Restoration Recap by Room Estimate: BADAY-DRY-KITCHEN Area: Main Level 2,490.56 48.90% Kitchen 2,258.66 44.35% Area Subtotal: Main Level 4,749.22 93.25% Labor Minimums Applied 343.56 6.75% Subtotal of Areas 5,092.78 100.00% Total 5,092.78 100.00% BADAY-DRY-KITCHEN 2017-07-11 Page: 6Easy Dry Restoration Recap by Category O&P Items Total % CLEANING 175.60 2.86% GENERAL DEMOLITION 100.00 1.63% HAZARDOUS MATERIAL REMEDIATION 741.21 12.07% LABOR ONLY 900.00 14.66% TRAUMA/CRIME SCENE REMEDIATION 614.20 10.00% WATER EXTRACTION & REMEDIATION 2,561.77 41.71% O&P Items Subtotal 5,092.78 82.93% Material Sales Tax 24.83 0.40% Overhead 511.81 8.33% Profit 511.81 8.33% Total 6,141.23 100.00% BADAY-DRY-KITCHEN 2017-07-11 Page: 7