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Case Number: CACE-20-017275 Division: 04
Filing # 115160839 E-Filed 10/19/2020 09:44:39 AM
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT,
IN AND FOR BROWARD COUNTY, FLORIDA
JEAN DANIEL VICCAMA and
KATTIAMINE JEAN,
Plaintiffs, CASE NO.:
vs.
UNIVERSAL PROPERTY & CASUALTY
INSURANCE COMPANY,
Defendant.
/
COMPLAINT
COMES NOW Plaintiffs, JEAN DANIEL VICCAMA and KATTIAMINE JEAN,
(hereinafter “Plaintiffs”), by and through undersigned counsel, and herein file this Complaint
against Defendant, UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY,
(hereinafter “Defendant”), and allege as follows:
1. This is an action for damages which exceed thirty thousand dollars ($30,000.00), exclusive
of interest, costs and attorney’s fees, which is within the jurisdictional limits of this Court in
accordance with Section 26.012 of the Florida Statutes.
2. Plaintiffs are natural persons, sui juris, and at all times material hereto have resided in
Broward County, Florida.
3. Defendant is a Florida corporation which, at all times material hereto, was engaged in the
business of issuing and servicing homeowners’ insurance policies in Broward County, Florida.
4. Venue in Broward County, Florida is proper in this action under Sections 47.011 and
47.051 of the Florida Statutes because this cause of action occurred in this county.
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David Low & ASSOCIATES, P.A. * 2101 WEST COMMERCIAL BOULEVARD, SUITE 2800 *
Fort LAUDERDALE, FLORIDA 33309
(T) (305) 935-8986 « (F) (305) 675-2685
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/19/2020 09:44:35 AM.****GENERAL ALLEGATIONS
5. At all times material hereto, Plaintiffs owned a property located at 4500 NW 4" Street,
Plantation, Florida 33317, in Broward County, Florida (“Property”), which was insured by a policy
of insurance issued by Defendant and identified as policy number 1501-1403-0404. A copy of the
Declarations Page is attached hereto as Exhibit “A”.
6. Plaintiffs have paid all premiums due under the Policy, which was in full force and effect
at all relevant times alleged herein.
7. On or about June 5, 2020, Plaintiffs’ Property suffered an accidental discharge of water in
kitchen causing sudden and immediate physical water damage to the interior of the Property.
8. The damage to the Property was caused by a covered peril under the Policy.
9. Plaintiffs provided timely notice of this loss and made a claim to Defendant, specifically
seeking payment for the Property’s damages.
10. Defendant acknowledged the claim, by and through its agents, employees or assigns, and
then sent its own loss consultants out to the Property to examine the damages and perform services
related to the adjustment of the subject claim.
11. Defendant assigned claim number FL20-0125616 to the loss.
12. Following Defendant’s investigation, Defendant informed Plaintiffs that it was denying
coverage for the loss on the basis that it was not covered by the Policy.
13. A diligent inspection of the loss by Plaintiffs and their representatives revealed the Property
sustained damage which Defendant agreed to provide coverage for under the terms of the Policy.
14. It is undisputed that the insured Plaintiffs and Defendant entered into a written contract,
the Policy, wherein Plaintiffs agreed to pay a premium and Defendant agreed to insure the
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David Low & ASSOCIATES, P.A. * 2101 WEST COMMERCIAL BOULEVARD, SUITE 2800 *
Fort LAUDERDALE, FLORIDA 33309
(T) (305) 935-8986 « (F) (305) 675-2685Property.
15. Defendant had a duty under the subject insurance contract to fully compensate Plaintiffs
for all losses covered under the Policy.
16. Further, all conditions precedent to payment of the claim have occurred, have been
performed, have otherwise been satisfied by Plaintiffs, or have been waived by Defendant.
17. Defendant breached the Policy by its failure and refusal to make full and proper payment
of insurance proceeds to Plaintiffs which caused corresponding financial damage.
18. Plaintiffs have retained the undersigned lawyer to represent them in this regard and upon
entry of judgment in favor of the insured Plaintiffs, Defendant would be liable for all fees and costs
reasonably incurred in connection with the prosecution of this action under § 627.428, Florida
Statutes.
WHEREFORE, Plaintiffs seek entry of judgment against Defendant for damages caused
by Defendant’s breach of the Policy, plus court costs, prejudgment interest, and reasonable
attomey’s fees. A jury trial is further demanded on all issues triable by a jury.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY a true and correct copy of the foregoing will be served on the
Defendant along with the Summons in this action.
DATED this 19" day of October 2020.
Respectfully submitted,
DAVID LOW & ASSOCIATES, P.A.
2101 West Commercial Boulevard, Suite 2800
Fort Lauderdale, Florida 33309
Tel.: (305) 935-8986
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David Low & ASSOCIATES, P.A. * 2101 WEST COMMERCIAL BOULEVARD, SUITE 2800 *
Fort LAUDERDALE, FLORIDA 33309
(T) (305) 935-8986 « (F) (305) 675-2685Fax: (305) 675-2685
E-Service Email: eservice@davidlowpa.com
Non-Service Email: david@davidlowpa.com
By: /s/David Low
DAVID LOW, ESQ.
Florida Bar No.: 67957
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David Low & ASSOCIATES, P.A. * 2101 WEST COMMERCIAL BOULEVARD, SUITE 2800 *
Fort LAUDERDALE, FLORIDA 33309
(T) (305) 935-8986 « (F) (305) 675-2685Universal Property & Casualty Insurance Company,
A Stock Company eT UNIVERSAL
clo Evolution Risk Advisors, Inc. Pepleradon Etec ye PROPERTY
1110 W. Commercial Blvd 08/28/2019 CASUALTY INSURANCE COMPANY
Fort Lauderdale, FL 33309 MENDED: Cotdradett)
THIS IS NOT A BILL
For Policy or Claims Questions Contact Your Agent Listed Below
Policy Number FROM Policy Period TO [INSURED BILLED] Agent Code
1501-1403-0404 08/28/2019 08/28/2020 12:01 AM Standard Time BS69
Kattiamine Jean and Jean Daneil Viccama Unity Insurance Group, LLC
4500 NW 4th st 2900 North University Drive
Plantation, FL 33317 Suite 54
(754) 235-8177 Coral Springs, FL 33065
(954) 900-9701
Insured Location
4500 NW 4TH ST PLANTATION, FL 33317 BROWARD COUNTY
—_—_————— Premium Summary
Basic Coverages Attached Endorsements Total Policy Premium
Premium Premium Assessments / Surcharges MGA Fees/Policy Fees _ (Including Assessments & Surcharges)
$3,663.83 ($750.83) $1,015.00 $27.00 $3,955.00
Rating Information
Townhouse/ Number of Protection
Form Construction Year Rowhouse Families Occupied Class Territory BCEG
HO3 Masonry 1963 N 1 Y 2 37 99
Dwelling Personal Property Protective Device Credits:
County Replacement Cost Replacement Cost Burglar Fire Sprinkler
Broward Y N Y Y N
We will provide the insurance described in this policy in return for the premium and compliance with all applicable provisions
of this policy. For renewals: If we elect to continue this insurance, we will renew this policy if you pay the required renewal
premium for each successive policy period subject to our premiums, rules and forms then in effect. You must pay us prior to
the end of the current policy period or else this policy will expire.
Insurance is provided only with respect to the following coverages for which a limit of liability is specified, subject to all the
conditions of this policy.
COVERAGES - SECTION | LIMITS PREMIUMS COVERAGES - SECTION II LIMITS PREMIUMS
Coverage A - Dwelling $187,313 $3,663.83 Coverage E - Personal Liability $100,000 $0.00
Coverage B - Other Structure $18,732 Coverage F - Medical Payments $1,000 $0.00
Coverage C - Personal Property $46,829
Coverage D - Loss of Use $37,463
NOTE: The portion of your premium for hurricane coverage is: $2,744.39
The portion of your premium for all other coverages is: $1,210.61
Section | Coverages Subject to a 2.0% of Coverage A - $3,746 Hurricane Deductible Per Calendar Year.
Section | Coverages Subject to $2,500 All Other Perils (Non-Hurricane, Non-Sinkhole) Deductible Per Loss.
The Ordinance or Law Coverage amount is 25% of Coverage A - $46,828
THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR
HURRICANE LOSSES WHICH MAY RESULT IN HIGH OUT-
OF-POCKET EXPENSES TO YOU.
Flood coverage is not provided by Universal Property & Casualty Insurance Company and is not part of this policy.
Unity Insurance Group, LLC Dhré ra Lx
Countersignature Date Chief Executive Officer
UPCIC HO DEC 15 02 20 Printed Date: 7/15/2020 2:01:15 PM 10f3A Stock Company Foie
c/o Evolution Risk Advisors, Inc. eciaration Effective PROPERTY
08/28/2019 CASUALTY INSURANCE COMPANY
1110 W. Commercial Blvd
Fort Lauderdale, FL 33309 AMENDED: Coverage(s)
Universal Property & Casualty Insurance Company, @ UNIVERSAL
THIS IS NOT A BILL
Policy Number FROM Policy Period — TO [INSURED BILLED] Agent Code
1501-1403-0404 08/28/2019 08/28/2020 12:01 AM Standard Time BS69
Additional Interest
Mortgagee/Additional Interest 01 Mortgagee/Additional Interest 02 Mortgagee/Additional Interest 03
Publix Employees Federal Credit Union
|saoa-Atima
PO Box 1000
Lakeland, FL 33802
Jean560001
Mortgagee
Policy Forms & Endorsements Applicable to This Policy
NUMBER EDITION DESCRIPTION LIMITS PREMIUMS
UPCIC HOS 15 05 18 Homeowners 3 Special Form $3,663.83
UPCIC 905 15 03 18 Outline of Your Homeowner Policy
UPCIC 801 15 12 17 Windstorm Protective Devices ($577.00)
HO 23 70 05 13 Windstorm Exterior Paint or Waterproofing Endorsement
UPCIC 802 15 12 17 Premises Alarm or Fire Protection System ($127.00)
UPCIC 201 15 02 18 Calendar Year Hurricane Deductible With Supplemental Reporting
Requirement - Florida
UPCIC 601 15 12 17 No Coverage for Home Day Care Business
Personal Property Increase/Decrease $46,829 ($46.83)
Year Built Surcharge $1,015.00
Emergency Management Preparedness Assistance Trust Fund $2.00
MGA Fee $25.00
YOUR POLICY PROVIDES COVERAGE FOR A CATASTROPHIC GROUND
COVER COLLAPSE THAT RESULTS IN THE PROPERTY BEING CONDEMNED
AND UNINHABITABLE. OTHERWISE, YOUR POLICY DOES NOT PROVIDE
COVERAGE FOR SINKHOLE LOSSES. YOU MAY PURCHASE ADDITIONAL
COVERAGE FOR SINKHOLE LOSSES FOR AN ADDITIONAL PREMIUM.
UPCIC HO DEC 15 02 20 Printed Date: 7/15/2020 2:01:15 PM 20f3Universal Property & Casualty Insurance Company,
A Stock Company : : UNIVERSAL
clo Evolution Risk Advisors, Inc. peaanen erect PROPERTY
08/28/2019 {CASUALTY ASU RN COMPANY
1110 W. Commercial Blvd
Fort Lauderdale, FL 33309 AMENDED: Coverage(s)
THIS IS NOT A BILL
Policy Number FROM Policy Period — TO [INSURED BILLED] Agent Code
1501-1403-0404 08/28/2019 08/28/2020 12:01 AM Standard Time BS69
PLEASE VISIT UNIVERSALPROPERTY.COM TO VIEW YOUR APPLICABLE POLICY FORMS
AND ENDORSEMENTS. LOG IN AND CLICK MY POLICIES/POLICY DETAILS OR TYPE THIS
URL INTO YOUR INTERNET BROWSER:
HTTPS://UNIVERSALPROPERTY.COM/ACCOUNTILOGIN. YOU HAVE THE RIGHT TO
REQUEST AND OBTAIN WITHOUT CHARGE A PAPER OR ELECTRONIC COPY OF YOUR
POLICY AND ENDORSEMENTS BY CONTACTING YOUR AGENT OR CALLING CUSTOMER
SERVICE AT 1-800-425-9113.
LAW AND ORDINANCE: LAW AND ORDINANCE COVERAGE
IS AN IMPORTANT COVERAGE THAT YOU MAY WISH TO
PURCHASE. PLEASE DISCUSS WITH YOUR INSURANCE
AGENT.
FLOOD INSURANCE: YOU MAY ALSO NEED TO CONSIDER
THE PURCHASE OF FLOOD INSURANCE. YOUR
HOMEOWNER'S INSURANCE POLICY DOES NOT INCLUDE
COVERAGE FOR DAMAGE RESULTING FROM FLOOD EVEN
IF HURRICANE WINDS AND RAIN CAUSED THE FLOOD TO
OCCUR. WITHOUT SEPARATE FLOOD INSURANCE
COVERAGE, YOU MAY HAVE UNCOVERED LOSSES
CAUSED BY FLOOD. PLEASE DISCUSS THE NEED TO
PURCHASE SEPARATE FLOOD INSURANCE COVERAGE
WITH YOUR INSURANCE AGENT.
COINSURANCE CONTRACT: THIS POLICY CONTAINS A CO-
PAY PROVISION THAT MAY RESULT IN HIGH OUT-OF-
POCKET EXPENSES TO YOU.
IMPORTANT: This replaces all previously issued policy declarations, if any and Is subject to all forms and endorsements attached to this policy.
UPCIC HO DEC 15 02 20 Printed Date: 7/15/2020 2:01:15 PM 3of3