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Case Number: CACE-20-016169 Division: 03
Filing # 114230807 E-Filed 09/30/2020 10:03:28 PM
IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT,
IN AND FOR BROWARD COUNTY, FLORIDA
CASE NO.:
YVETHO PIERRE-LOUIS,
Plaintiff,
vs.
PROGRESSIVE PROPERTY INSURANCE COMPANY,
Defendant.
/
COMPLAINT
Plaintiff, YVETHO PIERRE-LOUIS, by and through the undersigned attorney and sues
the Defendant, PROGRESSIVE PROPERTY INSURANCE COMPANY, and alleges as
follows:
JURISDICTIONAL ALLEGATIONS
1. This is an action for damages greater than $30,000.00, exclusive of interest, costs
and attorney’s fees.
2. At all times material hereto, Plaintiffs YVETHO PIERRE-LOUIS was and is the
owner of property located at 2747 NW 9 ST FORT LAUDERDALE, FL 33311.
3. At all times material hereto, the Defendant, PROGRESSIVE PROPERTY
INSURANCE COMPANY, was and is a statutory corporation and agency, department or
subdivision of the State of Florida, and was and is authorized to do and doing business in
BROWARD County, Florida.
4. Jurisdiction and venue are proper in BROWARD County, Florida.
MOSHE RUBINSTEIN LAW FIRM, P.A. ~ 6100 HOLLYWOOD BLVD. SUITE 305 ~ HOLLYWOOD, FLORIDA 33024
Telephone: 9549870040 / Facsimile: 9549676603 / Email: moshe@moshelaw.com
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 09/30/2020 10:03:24 PM.****GENERAL ALLEGATIONS
5. Prior to September 10, 2017 Defendant issued a policy of insurance to Plaintiff
under policy no. ARK42999 for Plaintiff's property located at 2747 NW 9 ST FORT
LAUDERDALE, FL 33311 (“the property”).
6. The policy of insurance issued by Defendant included coverage for dwelling,
other structures, personal property, and loss of use suffered by Plaintiff/s.
7. At all times material hereto, Plaintiff's insurance policy with Defendant was in
full force and effect including September 10, 2017, the date of loss.
8. Defendant’s policy under Coverage A — Dwelling and Coverage B — Other
Structures provides that Defendant “insures against risk of direct loss to properties...only
if that loss is a physical loss to the property.”
9. Plaintiff is not in possession of a copy of the policy however it will be provided
by Defendant during discovery as Defendant is in possession of the same.
10. On or about September 10, 2017, Plaintiffs’ insured dwelling suffered direct,
physical damages as a result of Hurricane Irma. Said hurricane event caused several
openings to the roof of the Plaintiffs’ dwelling, resulting in the sudden and unexpected
intrusion of water to the interior of the property, and leading to related damages.
11. All conditions precedent to obtaining payment of insurance benefits under the
policy have been complied with, met or waived.
12. At all times material hereto, PROGRESSIVE PROPERTY INSURANCE
COMPANY is not immune from liability for breach of contract pertaining to insurance
coverage in accordance with Fla. Stat. §627.351(6)(s)(1) et. seq.
MOSHE RUBINSTEIN LAW FIRM, P.A. ~ 6100 HOLLYWOOD BLVD. SUITE 305 ~ HOLLYWOOD, FLORIDA 33024
Telephone: 9549870040 / Facsimile: 9549676603 / Email: moshe@moshelaw.com
2COUNT I— BREACH OF CONTRACT
13. Plaintiff readopts and realleges the allegations contained in paragraphs 1 through
11 above.
14. On or about September 10, 2017, Plaintiff's property was damaged by a covered
loss, specifically Wind resulting in water damage.
15. Plaintiff gave timely notice of the loss and resulting damage to Defendant and/or
its authorized agents, employees or representatives.
16. As a result of the loss on September 10, 2017, Plaintiff sustained damage to his
property including physical loss to dwelling, contents and loss of use.
17. Defendant has breached the policy of insurance by failing to pay the full amount
of damages sustained by Plaintiff.
18. Defendant continues to refuse to pay the full amount of Plaintiff's covered losses
despite Plaintiff's demands for full payment.
19. Plaintiff has been damaged as a result of Defendant’s breach in the form of
insurance benefits due and owing, plus interest, costs, fees, and attorney’s fees.
20. Plaintiff has retained the undersigned counsel to prosecute this action and is
obligated to pay the undersigned counsel a reasonable attomney’s fee.
21. Plaintiff is entitled to recover reasonable attorney’s fees from Defendant pursuant
to F.S. 627.428.
WHEREFORE, Plaintiff YVETHO PIERRE-LOUIS demands judgment for damages, costs,
and attorneys' fees against Defendant and such other relief as the court deems just.
DEMAND FOR JURY TRIAL
MOSHE RUBINSTEIN LAW FIRM, P.A. ~ 6100 HOLLYWOOD BLVD. SUITE 305 ~ HOLLYWOOD, FLORIDA 33024
Telephone: 9549870040 / Facsimile: 9549676603 / Email: moshe@moshelaw.com
322. Plaintiff herein demands a trial by jury of all issues so triable.
WHEREFORE, Plaintiff YVETHO PIERRE-LOUIS demands judgment for damages, costs,
and attorneys' fees against Defendant and such other relief as the court deems just.
September 30, 2020
Respectfully submitted,
MOSHE RUBINSTEIN LAW FIRM, P.A.
By: /s/ MOSHE RUBINSTEIN
Moshe Rubinstein, Esq.
Attorney for Plaintiff
Florida Bar Number: 96704
6100 Hollywood Blvd #305
Hollywood, FL 33024
moshe@moshelaw.com
954-987-0040
MOSHE RUBINSTEIN LAW FIRM, P.A. ~ 6100 HOLLYWOOD BLVD. SUITE 305 ~ HOLLYWOOD, FLORIDA 33024
Telephone: 9549870040 / Facsimile: 9549676603 / Email: moshe@moshelaw.com
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Preview
Case Number: CACE-20-016169 Division: 03 Filing # 114230807 E-Filed 09/30/2020 10:03:28 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: YVETHO PIERRE-LOUIS, Plaintiff, vs. PROGRESSIVE PROPERTY INSURANCE COMPANY, Defendant. / COMPLAINT Plaintiff, YVETHO PIERRE-LOUIS, by and through the undersigned attorney and sues the Defendant, PROGRESSIVE PROPERTY INSURANCE COMPANY, and alleges as follows: JURISDICTIONAL ALLEGATIONS 1. This is an action for damages greater than $30,000.00, exclusive of interest, costs and attorney’s fees. 2. At all times material hereto, Plaintiffs YVETHO PIERRE-LOUIS was and is the owner of property located at 2747 NW 9 ST FORT LAUDERDALE, FL 33311. 3. At all times material hereto, the Defendant, PROGRESSIVE PROPERTY INSURANCE COMPANY, was and is a statutory corporation and agency, department or subdivision of the State of Florida, and was and is authorized to do and doing business in BROWARD County, Florida. 4. Jurisdiction and venue are proper in BROWARD County, Florida. MOSHE RUBINSTEIN LAW FIRM, P.A. ~ 6100 HOLLYWOOD BLVD. SUITE 305 ~ HOLLYWOOD, FLORIDA 33024 Telephone: 9549870040 / Facsimile: 9549676603 / Email: moshe@moshelaw.com *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 09/30/2020 10:03:24 PM.****GENERAL ALLEGATIONS 5. Prior to September 10, 2017 Defendant issued a policy of insurance to Plaintiff under policy no. ARK42999 for Plaintiff's property located at 2747 NW 9 ST FORT LAUDERDALE, FL 33311 (“the property”). 6. The policy of insurance issued by Defendant included coverage for dwelling, other structures, personal property, and loss of use suffered by Plaintiff/s. 7. At all times material hereto, Plaintiff's insurance policy with Defendant was in full force and effect including September 10, 2017, the date of loss. 8. Defendant’s policy under Coverage A — Dwelling and Coverage B — Other Structures provides that Defendant “insures against risk of direct loss to properties...only if that loss is a physical loss to the property.” 9. Plaintiff is not in possession of a copy of the policy however it will be provided by Defendant during discovery as Defendant is in possession of the same. 10. On or about September 10, 2017, Plaintiffs’ insured dwelling suffered direct, physical damages as a result of Hurricane Irma. Said hurricane event caused several openings to the roof of the Plaintiffs’ dwelling, resulting in the sudden and unexpected intrusion of water to the interior of the property, and leading to related damages. 11. All conditions precedent to obtaining payment of insurance benefits under the policy have been complied with, met or waived. 12. At all times material hereto, PROGRESSIVE PROPERTY INSURANCE COMPANY is not immune from liability for breach of contract pertaining to insurance coverage in accordance with Fla. Stat. §627.351(6)(s)(1) et. seq. MOSHE RUBINSTEIN LAW FIRM, P.A. ~ 6100 HOLLYWOOD BLVD. SUITE 305 ~ HOLLYWOOD, FLORIDA 33024 Telephone: 9549870040 / Facsimile: 9549676603 / Email: moshe@moshelaw.com 2COUNT I— BREACH OF CONTRACT 13. Plaintiff readopts and realleges the allegations contained in paragraphs 1 through 11 above. 14. On or about September 10, 2017, Plaintiff's property was damaged by a covered loss, specifically Wind resulting in water damage. 15. Plaintiff gave timely notice of the loss and resulting damage to Defendant and/or its authorized agents, employees or representatives. 16. As a result of the loss on September 10, 2017, Plaintiff sustained damage to his property including physical loss to dwelling, contents and loss of use. 17. Defendant has breached the policy of insurance by failing to pay the full amount of damages sustained by Plaintiff. 18. Defendant continues to refuse to pay the full amount of Plaintiff's covered losses despite Plaintiff's demands for full payment. 19. Plaintiff has been damaged as a result of Defendant’s breach in the form of insurance benefits due and owing, plus interest, costs, fees, and attorney’s fees. 20. Plaintiff has retained the undersigned counsel to prosecute this action and is obligated to pay the undersigned counsel a reasonable attomney’s fee. 21. Plaintiff is entitled to recover reasonable attorney’s fees from Defendant pursuant to F.S. 627.428. WHEREFORE, Plaintiff YVETHO PIERRE-LOUIS demands judgment for damages, costs, and attorneys' fees against Defendant and such other relief as the court deems just. DEMAND FOR JURY TRIAL MOSHE RUBINSTEIN LAW FIRM, P.A. ~ 6100 HOLLYWOOD BLVD. SUITE 305 ~ HOLLYWOOD, FLORIDA 33024 Telephone: 9549870040 / Facsimile: 9549676603 / Email: moshe@moshelaw.com 322. Plaintiff herein demands a trial by jury of all issues so triable. WHEREFORE, Plaintiff YVETHO PIERRE-LOUIS demands judgment for damages, costs, and attorneys' fees against Defendant and such other relief as the court deems just. September 30, 2020 Respectfully submitted, MOSHE RUBINSTEIN LAW FIRM, P.A. By: /s/ MOSHE RUBINSTEIN Moshe Rubinstein, Esq. Attorney for Plaintiff Florida Bar Number: 96704 6100 Hollywood Blvd #305 Hollywood, FL 33024 moshe@moshelaw.com 954-987-0040 MOSHE RUBINSTEIN LAW FIRM, P.A. ~ 6100 HOLLYWOOD BLVD. SUITE 305 ~ HOLLYWOOD, FLORIDA 33024 Telephone: 9549870040 / Facsimile: 9549676603 / Email: moshe@moshelaw.com 4