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Filing # 120343265 E-Filed 01/27/2021 02:28:45 PM
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND
FOR BROWARD COUNTY, FLORIDA
CLODETTE VOLTAIRE,
Plaintiff,
vs.
CIRCUIT CIVIL DIVISION
UNIVERSAL PROPERTY & Case No: CACE-20-017188
CASUALTY INSURANCE COMPANY,
Defendant.
i
AMENDED COMPLAINT
PLAINTIFF, CLODETTE VOLTAIRE, by and through the undersigned attorney sues
the Defendant, UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY,
(hereinafter “Defendant”) and in support thereof alleges the following:
JURISDICTIONAL ALLEGATIONS
1. This is an action for Breach of Contract for damages greater than Thirty Thousand
Dollars ($30,000.00), exclusive of interest, costs and attorney’s fees.
2. At all times material hereto, CLODETTE VOLTAIRE, (hereinafter Plaintiff), was
and is the owner of property located at 328 SW 2nd Street Apt 3., Pompano Beach, FL 33060.
3. At all times material hereto, the Defendant was and is a corporation authorized to
do business, maintains an office and agents in Broward County, Florida and regularly sells
insurance policies to the general public in Broward County.
4. Jurisdiction and venue are proper in Broward County, Florida.
[INTENTIONALLY LEFT BLACK]
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 01/27/2021 02:28:45 PM.****GENERAL ALLEGATIONS
5. Prior to September 11, 2017, Defendant issued a policy of insurance to Plaintiff
under Policy No.: 592-749-018, for Plaintiff's property located at 328 SW 2nd Street Apt 3.,
Pompano Beach, FL 33060.
6. The policy of insurance issued by Defendant included coverage for dwelling,
other structures, personal property, and loss of use suffered by Plaintiff.
7. At all times material hereto, Plaintiffs insurance policy with Defendant was in
full force and effect including on September 11, 2017, the Date of Loss.
8. Plaintiff is not in possession of a copy of the policy to attach; however, Plaintiff
believes that the Defendant has a copy of said policy.
9. All conditions precedent to obtaining payment of insurance benefits under the
policy have been complied with, met, or waived.
10. At all times material hereto, UNIVERSAL PROPERTY & CASUALTY
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.
COUNTI
BREACH OF CONTRACT
11. Plaintiff re-avers and re-alleges paragraphs | through 10 of this Complaint.
12. On or about, September 11, 2017, Plaintiff's property was damaged by a covered
loss.
13. Plaintiff gave timely notice of the loss and resulting damage to Defendant and/or
its authorized agents, employees or representatives.
14. As a result of the loss on September 11, 2017, Plaintiff sustained damage to her
property.15. Defendant has breached the policy of insurance by failing to pay the full amount
of damages sustained by Plaintiff.
16. Defendant continues to refuse to pay the full amount of Plaintiff’s covered losses
despite Plaintiff's demands for full payment.
17. Plaintiff has been damaged as a result of Defendant’s breach as insurance benefits
are due and owing, plus interest, costs and attorney’s fees and costs.
18. Plaintiff has retained the undersigned counsel to prosecute this action and is
obligated to pay the undersigned counsel a reasonable attorney’s fee and costs.
19. Plaintiff is entitled to recover reasonable attomey’s fees from Defendant pursuant
to F.S. 627.428.
WHEREFORE, Plaintiff demands judgment for damages against Defendant, together
with pre-judgment interest, costs and attorneys and any other relief this Court deems proper
under the circumstances. Plaintiff demands trial by jury on all issues triable as of right.
DATED this January 27, 2021.
Respectfully Submitted,
/s/ Natalie Ender
BRETT L. SCHLACTER, ESQ.
Florida Bar No. 98112
NATALIE ENDER, ESQ.
Florida Bar No. 124352
SCHLACTER LAW
1108 Kane Concourse, Suite 305
Bay Harbor Islands, Florida 33154
(305) 999 — 1111 (Telephone)
(305) 440 — 1354 (Facsimile)
E-mail: bls@schlacterlaw.com.
E-mail: nender@schlacterlaw.com
E-mail: service@schlacterlaw.com
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Filing # 120343265 E-Filed 01/27/2021 02:28:45 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CLODETTE VOLTAIRE, Plaintiff, vs. CIRCUIT CIVIL DIVISION UNIVERSAL PROPERTY & Case No: CACE-20-017188 CASUALTY INSURANCE COMPANY, Defendant. i AMENDED COMPLAINT PLAINTIFF, CLODETTE VOLTAIRE, by and through the undersigned attorney sues the Defendant, UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, (hereinafter “Defendant”) and in support thereof alleges the following: JURISDICTIONAL ALLEGATIONS 1. This is an action for Breach of Contract for damages greater than Thirty Thousand Dollars ($30,000.00), exclusive of interest, costs and attorney’s fees. 2. At all times material hereto, CLODETTE VOLTAIRE, (hereinafter Plaintiff), was and is the owner of property located at 328 SW 2nd Street Apt 3., Pompano Beach, FL 33060. 3. At all times material hereto, the Defendant was and is a corporation authorized to do business, maintains an office and agents in Broward County, Florida and regularly sells insurance policies to the general public in Broward County. 4. Jurisdiction and venue are proper in Broward County, Florida. [INTENTIONALLY LEFT BLACK] *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 01/27/2021 02:28:45 PM.****GENERAL ALLEGATIONS 5. Prior to September 11, 2017, Defendant issued a policy of insurance to Plaintiff under Policy No.: 592-749-018, for Plaintiff's property located at 328 SW 2nd Street Apt 3., Pompano Beach, FL 33060. 6. The policy of insurance issued by Defendant included coverage for dwelling, other structures, personal property, and loss of use suffered by Plaintiff. 7. At all times material hereto, Plaintiffs insurance policy with Defendant was in full force and effect including on September 11, 2017, the Date of Loss. 8. Plaintiff is not in possession of a copy of the policy to attach; however, Plaintiff believes that the Defendant has a copy of said policy. 9. All conditions precedent to obtaining payment of insurance benefits under the policy have been complied with, met, or waived. 10. At all times material hereto, UNIVERSAL PROPERTY & CASUALTY 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. COUNTI BREACH OF CONTRACT 11. Plaintiff re-avers and re-alleges paragraphs | through 10 of this Complaint. 12. On or about, September 11, 2017, Plaintiff's property was damaged by a covered loss. 13. Plaintiff gave timely notice of the loss and resulting damage to Defendant and/or its authorized agents, employees or representatives. 14. As a result of the loss on September 11, 2017, Plaintiff sustained damage to her property.15. Defendant has breached the policy of insurance by failing to pay the full amount of damages sustained by Plaintiff. 16. Defendant continues to refuse to pay the full amount of Plaintiff’s covered losses despite Plaintiff's demands for full payment. 17. Plaintiff has been damaged as a result of Defendant’s breach as insurance benefits are due and owing, plus interest, costs and attorney’s fees and costs. 18. Plaintiff has retained the undersigned counsel to prosecute this action and is obligated to pay the undersigned counsel a reasonable attorney’s fee and costs. 19. Plaintiff is entitled to recover reasonable attomey’s fees from Defendant pursuant to F.S. 627.428. WHEREFORE, Plaintiff demands judgment for damages against Defendant, together with pre-judgment interest, costs and attorneys and any other relief this Court deems proper under the circumstances. Plaintiff demands trial by jury on all issues triable as of right. DATED this January 27, 2021. Respectfully Submitted, /s/ Natalie Ender BRETT L. SCHLACTER, ESQ. Florida Bar No. 98112 NATALIE ENDER, ESQ. Florida Bar No. 124352 SCHLACTER LAW 1108 Kane Concourse, Suite 305 Bay Harbor Islands, Florida 33154 (305) 999 — 1111 (Telephone) (305) 440 — 1354 (Facsimile) E-mail: bls@schlacterlaw.com. E-mail: nender@schlacterlaw.com E-mail: service@schlacterlaw.com