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Case Number: COSO-20-010927 Division: 61
Filing # 115463540 E-Filed 10/22/2020 03:32:24 PM
IN THE COUNTY COURT IN AND
FOR BROWARD COUNTY,
FLORIDA
CARLOS PUMARIEGA, CASE NO:
Plaintiff,
vs.
CITIZENS PROPERTY INSURANCE
CORPORATION,
Defendant.
/
COMPLAI
COMES NOW the Plaintiff, CARLOS PUMARIEGA, by and through the
undersigned counsel and hereby files this Complaint against the Defendant, CITIZENS
PROPERTY INSURANCE CORPORATION, and as grounds therefore states as follows:
1. That this is an action for damages which exceed FIFTEEN THOUSAND
DOLLARS ($15,000.00) but does not exceed THIRTY THOUSAND DOLLARS
($30,000.00), 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 was an insurance company
authorized to do business in the State of Florida and doing business in Broward County,
Florida.
3. That at all times material hereto the Plaintiff was and is a resident of
Broward County, Florida, and is otherwise sui juris.
4. That at all times material hereto, Plaintiff and Defendant had a policy of
insurance, Policy No. 03642559, on Plaintiff’s residence located at 2003 NW 183" Ave.,
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/22/2020 03:32:22 PM.****Pembroke Pines, FL 33029, 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 copy of the policy but believes one to be in possession
of Defendant.
5. During the policy period, the above described property was damaged.
6. As a result of this incident, the Plaintiff has suffered damage to the
building on the subject property, damage to contents, and loss of use of the property and
possessions therein.
7. 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. The Defendant
assigned the loss claim number HNNNNE73, but the Defendant has refused and
continues to refuse to pay either part or all of the Plaintiff’s claims.
COUNT I- BREACH OF CONTRACT
Plaintiff readopts and realleges Paragraphs 1 through 7 above as if fully stated
herein, and further alleges as follows:
8. That the Defendant’s denial of coverage and refusal to pay the full amount
of the claim or in the alternative, a reasonable amount 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 Plaintiff's
claim. This is contrary to the terms of the policy and/or Florida law and was a breach of
said insurance contract.9. The Plaintiff has been damaged by the Defendant’s breach of said contract
of insurance by having not been compensated for the damage sustained to the building on
the subject property, damage to contents, and loss of use of the property and possessions
taken from therein.
10. That as a direct and proximate result of the Defendant’s refusal to pay the
Plaintiff's claim, the Plaintiff has been required to retain the services of the undersigned
attorneys to represent and protect the Plaintiffs interests and Plaintiff has become
obliged to pay them a reasonable fee for their services in bringing this action.
11. 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, CARLOS PUMARIEGA, demands judgment
against the Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, for
damages including but not limited to damage to the building, contents, loss of use,
interest allowed by law, and reasonable attorney fees and costs pursuant to Florida
Statute Section 627.428 or other Florida law, and the Plaintiff demands trial by jury of all
issues triable as a matter of right by jury.
COUNT II
PETITION FOR DECLARATORY RELIEF
Plaintiff realleges and readopts Paragraphs 1 through 7 as if fully set forth herein
and sues the Defendant for declaratory relief pursuant to Chapter 86 of the Florida
Statutes and further states as follows:12. The above insurance policy between Plaintiff and Defendant provides
comprehensive coverage for damages as a result of losses to property.
13, Pursuant to Chapter 86 of Florida Statutes, the Plaintiff requests this Court
to take jurisdiction over this action and determine the Plaintiff’s rights under said policy.
14. The Plaintiff furnished timely notice of a covered loss and otherwise
performed all conditions precedent to recover under the policy and under the applicable
Florida Statutes.
15. Defendant refused and continues to refuse to pay the full amount of
Plaintiff's claim.
16. The Plaintiff believes, but is in doubt, that the Plaintiff is entitled to full
coverage under said policy, including but not limited to, coverage for damage to the
building on the subject property, its contents, and its loss of use.
17. That as a direct and proximate result of the Defendant’s refusal to pay the
Plaintiffs claims, the Plaintiff has been required to retain the services of the undersigned
attorneys to represent and protect the Plaintiff's interest and Plaintiff has become
obligated to pay them a reasonable fee for their services in bringing this action.
18. 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, Plaintiff hereby demands judgment against Defendant and the
following:a. that the Court take jurisdiction over the parties and the subject matter of
this action;
b. that the Court determine the rights and duties of the parties under said
insurance policy;
Cc. that this Court enter an Order determining that the subject policy was in
full force and effect at the time of the loss;
d. that the Court enter an Order determining that the damages suffered by
Plaintiff are not excluded under the policy insurance.
e. that the Court enter an Order determining that the Plaintiff complied with
all requirements under the policy and is entitled to full coverage for all damages under
said policy, including but not limited to coverage for the full amount of loss including
damage to the building on the subject property, contents, and loss of use;
f. that the Court award the Plaintiff attorney fees pursuant to Florida Statute
Section 627.428 or other Florida law, prejudgment interest, and costs; and
g. that the Court enter any other relief that it 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 22"! day of October, 2020.
By:
PETER MINEO JR.
Florida Bar No: 328928
THE MINEO SALCEDO LAW FIRM, P.A.
Attorneys for Plaintiff
5600 Davie Road
Davie, FL 33314
T: (954) 463-8100
F; (954) 463-8106
Service@mineolaw.com
Preview
Case Number: COSO-20-010927 Division: 61 Filing # 115463540 E-Filed 10/22/2020 03:32:24 PM IN THE COUNTY COURT IN AND FOR BROWARD COUNTY, FLORIDA CARLOS PUMARIEGA, CASE NO: Plaintiff, vs. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. / COMPLAI COMES NOW the Plaintiff, CARLOS PUMARIEGA, by and through the undersigned counsel and hereby files this Complaint against the Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, and as grounds therefore states as follows: 1. That this is an action for damages which exceed FIFTEEN THOUSAND DOLLARS ($15,000.00) but does not exceed THIRTY THOUSAND DOLLARS ($30,000.00), 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 was an insurance company authorized to do business in the State of Florida and doing business in Broward County, Florida. 3. That at all times material hereto the Plaintiff was and is a resident of Broward County, Florida, and is otherwise sui juris. 4. That at all times material hereto, Plaintiff and Defendant had a policy of insurance, Policy No. 03642559, on Plaintiff’s residence located at 2003 NW 183" Ave., *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/22/2020 03:32:22 PM.****Pembroke Pines, FL 33029, 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 copy of the policy but believes one to be in possession of Defendant. 5. During the policy period, the above described property was damaged. 6. As a result of this incident, the Plaintiff has suffered damage to the building on the subject property, damage to contents, and loss of use of the property and possessions therein. 7. 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. The Defendant assigned the loss claim number HNNNNE73, but the Defendant has refused and continues to refuse to pay either part or all of the Plaintiff’s claims. COUNT I- BREACH OF CONTRACT Plaintiff readopts and realleges Paragraphs 1 through 7 above as if fully stated herein, and further alleges as follows: 8. That the Defendant’s denial of coverage and refusal to pay the full amount of the claim or in the alternative, a reasonable amount 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 Plaintiff's claim. This is contrary to the terms of the policy and/or Florida law and was a breach of said insurance contract.9. The Plaintiff has been damaged by the Defendant’s breach of said contract of insurance by having not been compensated for the damage sustained to the building on the subject property, damage to contents, and loss of use of the property and possessions taken from therein. 10. That as a direct and proximate result of the Defendant’s refusal to pay the Plaintiff's claim, the Plaintiff has been required to retain the services of the undersigned attorneys to represent and protect the Plaintiffs interests and Plaintiff has become obliged to pay them a reasonable fee for their services in bringing this action. 11. 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, CARLOS PUMARIEGA, demands judgment against the Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, for damages including but not limited to damage to the building, contents, loss of use, interest allowed by law, and reasonable attorney fees and costs pursuant to Florida Statute Section 627.428 or other Florida law, and the Plaintiff demands trial by jury of all issues triable as a matter of right by jury. COUNT II PETITION FOR DECLARATORY RELIEF Plaintiff realleges and readopts Paragraphs 1 through 7 as if fully set forth herein and sues the Defendant for declaratory relief pursuant to Chapter 86 of the Florida Statutes and further states as follows:12. The above insurance policy between Plaintiff and Defendant provides comprehensive coverage for damages as a result of losses to property. 13, Pursuant to Chapter 86 of Florida Statutes, the Plaintiff requests this Court to take jurisdiction over this action and determine the Plaintiff’s rights under said policy. 14. The Plaintiff furnished timely notice of a covered loss and otherwise performed all conditions precedent to recover under the policy and under the applicable Florida Statutes. 15. Defendant refused and continues to refuse to pay the full amount of Plaintiff's claim. 16. The Plaintiff believes, but is in doubt, that the Plaintiff is entitled to full coverage under said policy, including but not limited to, coverage for damage to the building on the subject property, its contents, and its loss of use. 17. That as a direct and proximate result of the Defendant’s refusal to pay the Plaintiffs claims, the Plaintiff has been required to retain the services of the undersigned attorneys to represent and protect the Plaintiff's interest and Plaintiff has become obligated to pay them a reasonable fee for their services in bringing this action. 18. 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, Plaintiff hereby demands judgment against Defendant and the following:a. that the Court take jurisdiction over the parties and the subject matter of this action; b. that the Court determine the rights and duties of the parties under said insurance policy; Cc. that this Court enter an Order determining that the subject policy was in full force and effect at the time of the loss; d. that the Court enter an Order determining that the damages suffered by Plaintiff are not excluded under the policy insurance. e. that the Court enter an Order determining that the Plaintiff complied with all requirements under the policy and is entitled to full coverage for all damages under said policy, including but not limited to coverage for the full amount of loss including damage to the building on the subject property, contents, and loss of use; f. that the Court award the Plaintiff attorney fees pursuant to Florida Statute Section 627.428 or other Florida law, prejudgment interest, and costs; and g. that the Court enter any other relief that it 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 22"! day of October, 2020. By: PETER MINEO JR. Florida Bar No: 328928 THE MINEO SALCEDO LAW FIRM, P.A. Attorneys for Plaintiff 5600 Davie Road Davie, FL 33314 T: (954) 463-8100 F; (954) 463-8106 Service@mineolaw.com