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Case Number: CONO-20-019439 Division: 73
Filing # 115138345 E-Filed 10/16/2020 05:51:33 PM
IN THE COUNTY COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT IN
AND FOR BROWARD COUNTY,
FLORIDA
CASE NO.:
ISABELL FIS,
Plaintiff,
v.
CITIZENS PROPERTY
INSURANCE COMPANY,
Defendant.
COMPLAINT
COMES NOW, Plaintiff(s) ISABELL FIS (hereinafter “PLAINTIFF”) by and through the
undersigned counsel and hereby files this Complaint against Defendant, CITIZENS PROPERTY
INSURANCE COMPANY (hereinafter “DEFENDANT” or “INSURANCE COMPANY”), and
as grounds therefore states as follows:
1. The amount in controversy in this action for damages exceeds FIFTEEN
THOUSAND DOLLARS ($15,000.00) but does not exceed THIRTY THOUSAND DOLLARS
($30,000), exclusive of interest, attorney’s fees and costs, and is otherwise within the jurisdictional
limits of this Court.
2. That at all times material hereto DEFENDANT was and is an insurance company
authorized to do business in the state of Florida as an insurance company and was doing business
as such in Broward County, Florida.
3. That at all times material hereto PLAINTIFF is a resident of Miami-Dade, Florida
and is otherwise sui juris.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/19/2020 02:37:27 PM.****4. Jurisdiction is proper in Broward County as the property which is the subject of this
complaint is located in Broward County, Florida.
5. Upon information and belief, INSURANCE COMPANY is an insurance carrier
authorized by the State of Florida to engage in the business of insurance with Florida citizens.
6. That at all times material hereto and in exchange for consideration, PLAINTIFF
and INSURANCE COMPANY were parties to a Homeowner’s Insurance Policy, Policy number
02201032-4 (hereinafter “Policy”) on PLAINTIFF’s property located at 2438 Thomas Street,
Hollywood, FL 33020-2061 (hereinafter “Property), which afforded various types of coverage,
including coverage for damage to dwelling, other structures, personal property, and for loss of use.
A copy of said Policy is attached hereto as Exhibit “A”.
7. During the Policy period, the Property was damaged as the result of water loss that
were the result of damage to the roof that occurred on or about June 29, 2020. The Insurance Policy
issued to the insured by the DEFENDANT includes coverage for this type of loss and was in full
force and effect on the date of loss.
8. Insured timely filed a claim and DEFENDANT was notified of the loss.
9. DEFENDANT assigned claim number HEE 11 to the loss.
10. At all times material hereto, the Policy provided, among other benefits, coverage
for the cost to repair the Property, Dwelling Structure Coverage (Place of Residence) and
Replacement Cost coverage, as indicated on the Policy Declaration Page, a copy of which is
included within Exhibit “A,” attached hereto.
11. PLAINTIFF has timely furnished INSURANCE COMPANY with timely notice of
the covered loss, invoice for services, proof of claim and has otherwise performed all conditions
precedent to recover under the Policy and under the applicable Florida Statutes.12. INSURANCE COMPANY has assigned the loss claim number 11 but
has refused and continues to refuse to sufficiently compensate PLAINTIFF for costs to restore and
repair the premises.
COUNT I—- BREACH OF CONTRACT
13. PLAINTIFF readopts and realleges paragraphs 1 through 11 above as if fully stated
herein, and further alleges as follows.
14. This is an action against INSURANCE COMPANY for damages incurred by
PLAINTIFF as a result of INSURANCE COMPANY’ breach of the Policy that was in effect at
the time of PLAINTIFF’s covered loss.
15. | INSURANCE COMPANY is in breach of the Policy as it has denied the
PLAINTIFF compensation available under the policy for damages incurred because of the covered
loss.
16. | INSURANCE COMPANY’s denial of coverage and refusal to pay the full amount
of the claim is a breach of said contract of insurance and is contrary to the terms of the Policy
and/or Florida law.
17. PLAINTIFF has been damaged by INSURANCE COMPANY’s breach of said
Policy and INSURANCE COMPANY has willfully failed to compensate PLAINTIFF for her
damages despite acknowledging that the loss is due to a covered peril.
18. Asa direct and proximate result of INSURANCE COMPANY’s refusal to pay the
full amount of PLAINTIFF’s claim, PLAINTIFF has been required to retain the services of the
undersigned attorneys to represent and protect PLAINTIFF’s interest and PLAINTIFF has become
obliged to pay them a reasonable fee for their services in bringing this action.19. In the event that 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 demands judgment against INSURANCE COMPANY
for damages, including but not limited to damage to the Property, 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 PLAINTIFF demands trial by jury of all issues tribal as a matter of right.
WHEREFORE, PLAINTIFF hereby demands judgment against INSURANCE
COMPANY and prays for 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;
(c) 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 the damages suffered by
PLAINTIFF are not excluded under the Policy of insurance.
(e) that the Court enter an Order determining 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 PLAINTIFF attommeys fees pursuant to Florida statute
section 627.428 or other Florida law, prejudgment interest, and cost; and
(g) that the Court enter any other relief that it deems just and proper.DEMAND FOR JURY TRIAL
PLAINTIFF further demands a trial by jury of all issues so triable as a matter of right.
Dated this 16" day of October, 2020
Respectfully Submitted,
Steven C. Kletzkin, Esq.
Steven C. Kletzkin, PLLC
Primary Email: sck@sckplle.com
Secondary email: diana@sckpllc.com
Pleadings email: admin@sckpllc.com
4400 N Federal Highway, Suite 210
Boca Raton, Fl 33431
Phone : (561) 962-5942
Fax: (561) 207-7790
/S/ Steven C. Kletzkin
Steven C. Kletzkin, Esq.
Fla Bar No. 0079001IN THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT IN
AND FOR BROWARD COUNTY,
FLORIDA
CASE NO.:
ISABELL FIS,
Plaintiff,
v.
CITIZENS PROPERTY
INSURANCE COMPANY,
Defendant.
EXHIBIT A
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Case Number: CONO-20-019439 Division: 73 Filing # 115138345 E-Filed 10/16/2020 05:51:33 PM IN THE COUNTY COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: ISABELL FIS, Plaintiff, v. CITIZENS PROPERTY INSURANCE COMPANY, Defendant. COMPLAINT COMES NOW, Plaintiff(s) ISABELL FIS (hereinafter “PLAINTIFF”) by and through the undersigned counsel and hereby files this Complaint against Defendant, CITIZENS PROPERTY INSURANCE COMPANY (hereinafter “DEFENDANT” or “INSURANCE COMPANY”), and as grounds therefore states as follows: 1. The amount in controversy in this action for damages exceeds FIFTEEN THOUSAND DOLLARS ($15,000.00) but does not exceed THIRTY THOUSAND DOLLARS ($30,000), exclusive of interest, attorney’s fees and costs, and is otherwise within the jurisdictional limits of this Court. 2. That at all times material hereto DEFENDANT was and is an insurance company authorized to do business in the state of Florida as an insurance company and was doing business as such in Broward County, Florida. 3. That at all times material hereto PLAINTIFF is a resident of Miami-Dade, Florida and is otherwise sui juris. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/19/2020 02:37:27 PM.****4. Jurisdiction is proper in Broward County as the property which is the subject of this complaint is located in Broward County, Florida. 5. Upon information and belief, INSURANCE COMPANY is an insurance carrier authorized by the State of Florida to engage in the business of insurance with Florida citizens. 6. That at all times material hereto and in exchange for consideration, PLAINTIFF and INSURANCE COMPANY were parties to a Homeowner’s Insurance Policy, Policy number 02201032-4 (hereinafter “Policy”) on PLAINTIFF’s property located at 2438 Thomas Street, Hollywood, FL 33020-2061 (hereinafter “Property), which afforded various types of coverage, including coverage for damage to dwelling, other structures, personal property, and for loss of use. A copy of said Policy is attached hereto as Exhibit “A”. 7. During the Policy period, the Property was damaged as the result of water loss that were the result of damage to the roof that occurred on or about June 29, 2020. The Insurance Policy issued to the insured by the DEFENDANT includes coverage for this type of loss and was in full force and effect on the date of loss. 8. Insured timely filed a claim and DEFENDANT was notified of the loss. 9. DEFENDANT assigned claim number HEE 11 to the loss. 10. At all times material hereto, the Policy provided, among other benefits, coverage for the cost to repair the Property, Dwelling Structure Coverage (Place of Residence) and Replacement Cost coverage, as indicated on the Policy Declaration Page, a copy of which is included within Exhibit “A,” attached hereto. 11. PLAINTIFF has timely furnished INSURANCE COMPANY with timely notice of the covered loss, invoice for services, proof of claim and has otherwise performed all conditions precedent to recover under the Policy and under the applicable Florida Statutes.12. INSURANCE COMPANY has assigned the loss claim number 11 but has refused and continues to refuse to sufficiently compensate PLAINTIFF for costs to restore and repair the premises. COUNT I—- BREACH OF CONTRACT 13. PLAINTIFF readopts and realleges paragraphs 1 through 11 above as if fully stated herein, and further alleges as follows. 14. This is an action against INSURANCE COMPANY for damages incurred by PLAINTIFF as a result of INSURANCE COMPANY’ breach of the Policy that was in effect at the time of PLAINTIFF’s covered loss. 15. | INSURANCE COMPANY is in breach of the Policy as it has denied the PLAINTIFF compensation available under the policy for damages incurred because of the covered loss. 16. | INSURANCE COMPANY’s denial of coverage and refusal to pay the full amount of the claim is a breach of said contract of insurance and is contrary to the terms of the Policy and/or Florida law. 17. PLAINTIFF has been damaged by INSURANCE COMPANY’s breach of said Policy and INSURANCE COMPANY has willfully failed to compensate PLAINTIFF for her damages despite acknowledging that the loss is due to a covered peril. 18. Asa direct and proximate result of INSURANCE COMPANY’s refusal to pay the full amount of PLAINTIFF’s claim, PLAINTIFF has been required to retain the services of the undersigned attorneys to represent and protect PLAINTIFF’s interest and PLAINTIFF has become obliged to pay them a reasonable fee for their services in bringing this action.19. In the event that 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 demands judgment against INSURANCE COMPANY for damages, including but not limited to damage to the Property, 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 PLAINTIFF demands trial by jury of all issues tribal as a matter of right. WHEREFORE, PLAINTIFF hereby demands judgment against INSURANCE COMPANY and prays for 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; (c) 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 the damages suffered by PLAINTIFF are not excluded under the Policy of insurance. (e) that the Court enter an Order determining 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 PLAINTIFF attommeys fees pursuant to Florida statute section 627.428 or other Florida law, prejudgment interest, and cost; and (g) that the Court enter any other relief that it deems just and proper.DEMAND FOR JURY TRIAL PLAINTIFF further demands a trial by jury of all issues so triable as a matter of right. Dated this 16" day of October, 2020 Respectfully Submitted, Steven C. Kletzkin, Esq. Steven C. Kletzkin, PLLC Primary Email: sck@sckplle.com Secondary email: diana@sckpllc.com Pleadings email: admin@sckpllc.com 4400 N Federal Highway, Suite 210 Boca Raton, Fl 33431 Phone : (561) 962-5942 Fax: (561) 207-7790 /S/ Steven C. Kletzkin Steven C. Kletzkin, Esq. Fla Bar No. 0079001IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: ISABELL FIS, Plaintiff, v. CITIZENS PROPERTY INSURANCE COMPANY, Defendant. EXHIBIT A