Preview
Case Number: COWE-21-001213 Division: 82
Filing # 121005134 E-Filed 02/08/2021 03:03:34 PM
IN THE COUNTY COURT OF THE 17"! JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
ABAYOMI MANRIQUE, CASE NO.:
Plaintiff, GENERAL JURISDICTION
vs. TRIAL BY JURY DEMANDED
PROGRESSIVE AMERICAN
INSURANCE COMPANY, a
Foreign Profit Corporation,
Defendant.
COMPLAINT
Plaintiff, Abayomi Manrique, by and through undersigned counsel, hereby sues the
Defendant, Progressive American Insurance Company, (hereinafter “Progressive”), and in support
thereof alleges:
PARTIES
1 Plaintiff, Abayomi Manrique, is an individual, that resides in Broward County,
Florida.
2. Defendant, Progressive American Insurance Company, is a Foreign Profit
Corporation, with its principal place of business in Mayfield Village, Ohio.
JURISDICTIONAL STATEMENT
3 This is an action for damages that is within the jurisdictional limits of this Court,
exclusive of interest, costs and attorney’s fees.
4. This Court has jurisdiction over this case pursuant to Article V, Section 6 of the
Florida Constitution and pursuant to Florida common law.
5 Venue in Broward County, Florida is proper in this action under Sections 47.011
and 47.051 of the Florida Statutes because the cause of action occurred in this county.
6. All conditions precedent to the filing of this suit have been met pursuant to Section
624.155, Florida Statutes.
CHARLES LEGAL, PLLC
930 SOUTH STATE ROAD 7, PLANTATION, FLORIDA 33317
#** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 02/09/2021 11:41:56 AM.*##*
COUNTI
UNDERINSURED/UNINSURED MOTORIST CLAIM
(BREACH OF CONTRACT)
7 This is an action brought pursuant to an insurance contract issued to Abayomi
Manrique which provided coverage to Plaintiff, Abayomi Manrique, by Defendant, Progressive
American Insurance Company, and breach of contract pursuant to Chapter 627 of the Florida
Statutes.
8 Prior to the time of the motor vehicle accident which occurred on or about March
12", 2020 in Broward County, Florida, Plaintiff's vehicle was covered by the insurance policy
which Defendant, Progressive American Insurance Company, issued. Defendant, Progressive
American Insurance Company, issued and delivered automobile policy number 929702774-1 for
premiums paid by Abayomi Manrique and intended to protect Plaintiff as well as any other
passengers occupying the insured’s vehicle, against loss resulting from negligence of an
underinsured or uninsured motorist.
9. Said policy included underinsured/uninsured motorist coverage and was in effect
at the time of the collision.
10. At the time and place of the collision referenced herein, the driver of the adverse
automobile is underinsured, in that the adverse driver’s bodily injury policy limits are $10,000.00
per person/$20,000.00 per occurrence.
ll. Pursuant to Chapter 627 of the Florida Statutes and the policy of insurance,
Plaintiff, is entitled to recover against Defendant, Progressive American Insurance Company, for
Plaintiff's injuries, pain and suffering, losses and damage arising out of the collision described
above.
12. Plaintiff, has notified Defendant, Progressive American Insurance Company, of
their claim and have otherwise fully complied with all conditions precedent to entitle them to
recover under said insurance policy issued to Abayomi Manrique by Defendant, Progressive
American Insurance Company.
13. Plaintiff at all times pertinent to this action had the proper state-required automobile
insurance under the laws of the State of Florida, and are entitled to its full benefits, including
benefits for underinsured/uninsured motorist coverage.
CHARLES LEGAL, PLLC
930 SOUTH STATE ROAD 7, PLANTATION, FLORIDA 33317
14. Defendant, Progressive American Insurance Company, has refused to pay to
Plaintiff the benefits to which they are entitled under the policy of insurance.
15. Plaintiff has paid all of the premiums due under said underinsured/uninured
motorist insurance policy. Said policy was in full force and effect on the date of the accident, and,
therefore, Plaintiff is entitled to the full amount of the benefits.
16. No good reason or cause exists for Defendant, Progressive American Insurance
Company, to deny such benefits.
17. As a direct and proximate result of Progressive American Insurance Company’s
violation of Section 626.9541, Plaintiff suffered bodily injury and resulting pain and suffering,
disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of
hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn
money, aggravation of a previously existing condition, permanent disfigurement and scarring.
DEMAND FOR JURY TRIAL
18. Plaintiff demands a trial of this action by jury.
DEMAND FOR JUDGMENT
WHEREFORE, Plaintiff demands a jury trial of this action and further demand judgment
against Defendant for general damages, attorney’s fees and for such other and further relief, in law
or in equity, to which Plaintiff may be justly entitled.
Charles Legal, PLLC
Counsel for Plaintiff
930 South State Road 7
Plantation, Florida 33317
Telephone: (954) 342-6446
steve@charleslegalpl.com
By: 4/Steve Louis-Charles
Steve Louis-Charles, Esq.
Florida Bar No.: 98666
CHARLES LEGAL, PLLC
930 SOUTH STATE ROAD 7, PLANTATION, FLORIDA 33317
FLORIDA
FINANCIAL SERVICES
FO aed eh
Filing Number: 528155
Filing Accepted: 12/1/2020
Warning! Information submitted as part of this civil remedy notice is a public record. Data entered into
this form will be displayed on the DFS website for public review. Please DO NOT enter Social Security
Numbers, personal medical information, personal financial information or any other information you do not
want available for public review.
a The submitter hereby states that this notice is given in order to perfect the rights of the person(s)
damaged to pursue civil remedies authorized by Section 624.155, Florida Statutes.
Name: ABAYOMI MANRIQUE
Street Address:
City, State Zip:
Email Address:
Complainant Type: Insured
Name: ABAYOMI MANRIQUE
Policy #: 929702774
Claim #: 20-1537866
Name: STEVE LOUIS-CHARLES
Street Address: 930 SOUTH STATE ROAD 7
City, State Zip: PLANTATION, FLORIDA 33317
Email Address: STEVE@CHARLESLEGALPL.COM
Insurer Type: Authorized Insurer
Name: PROGRESSIVE AMERICAN INSURANCE COMPANY
Please identify the person or persons representing the insurer who are most responsible for/knowledgeable of the
facts giving rise to the allegations in this notice.
DENNIS DEL POZO
Type of Insurance: Auto
DFS-10-363
Rev. 10/14/2008
my) FLORIDA
FINANCIAL SERVICES
Filing Number: 528155
Reasons for Notice:
Claim Denial
PURSUANT TO SECTION 624.155, F.S. please indicate all statutory provisions alleged to have been violated.
624.155(1)(b)(1) Not attempting in good faith to settle claims when, under all the circumstances,
it could and should have done so, had it acted fairly and honestly toward its
insured and with due regard for her or his interests.
Reference to specific policy language that is relevant to the violation, if any. If the person bringing the civil action is a
third party claimant, she or he shall not be required to reference the specific policy language if the authorized insurer
has not provided a copy of the policy to the third party claimant pursuant to written request.
If you pay the premium for this coverage, we will pay for damages, other than punitive
or exemplary damages, that an insured person is legally entitled to recover from the
owner or operator of an uninsured motor vehicle because of bodily injury:
1. sustained by an insured person;
2. caused by an accident; and
3. arising out of the ownership, maintenance or use of an uninsured motor vehicle.
We will not pay for damages consisting of pain, suffering, mental anguish, or inconvenience
unless the injury or disease consists in whole or in part of:
1. significant and permanent loss of an important bodily function;
2. permanent injury within a reasonable degree of medical probability, other than
scarring or disfigurement;
3. significant and permanent scarring or disfigurement; or
4, death;
as described in section 627.737(2) of the Florida Motor Vehicle No-Fault Law, as
amended.
An insured person must notify us in writing by certified or registered mail at least 30
days before entering into any settlement with the owner or operator of an uninsured
motor vehicle, or that person’s liability insurer. In order to preserve our right of subrogation,
we may elect to pay any sum offered in settlement by, or on behalf of, the owner
or operator of the uninsured motor vehicle. If we do this, you agree to assign to us
all subrogation rights that you have against the owner or operator of the uninsured
motor vehicle.
23
Any judgment or settlement for damages against an owner or operator of an uninsured
motor vehicle that arises out of a lawsuit brought without our written consent is not
binding on us.
ADDITIONAL DEFINITIONS
When used in this Part Ill:
1. “Insured person” means:
a. you, a relative, or a rated resident;
b. any person while operating a covered auto with the permission of you, a relative,
or a rated resident;
c. any person occupying, but not operating, a covered auto; and
d. any person who is entitled to recover damages covered by this Part Ill because
of bodily injury sustained by a person described in a, b, or c above.
. “Rated resident” means a person residing in the same household as you at the
DFS-10-363
Rev. 10/14/2008
time of the loss who is not a relative, but only if that person:
a. is listed in the “Drivers and household residents” section on the declarations
page;
b. is not designated as either an “Excluded” or a “List only” dri r; and
c, is not insured for uninsured motorist coverage by any other insurance policy.
3. “Uninsured motor vehicle” means a land motor vehicle or trailer of any type:
a, to which no bodily injury liability bond or policy applies at the time of the accident;
b, to which a bodily injury liability bond or policy applies at the time of the accident,
but the bonding or insuring company:
{i) denies coverage; or
(ii) is or becomes insolvent;
c, to which a bodily injury liability bond or policy applies at the time of the accident,
but its limit of liability for bod injury is less than the bodily injury damages
an insured person is legally entitled to recover; or
d. that is a hit-and-run vehicle whose owner or operator cannot be identified and
which causes an accident, with or without physical contact, resulting in bodily
injury to an insured person, provided that the insured person, or someone
on his or her behalf, reports the accident to the police or civil authority within
24 hours or as soon as practicable after the accident.
An “uninsured motor vehicle” does not include any vehicle or equipment:
a. owned by you or a relative or furnished or available for the regular use of you
ora relative. However, this shall not apply to a covered auto when coverage is
denied under Part I—Liability To Others of this policy because of the exclusion
of bodily injury to you or a relative, if the bodily injury results from operation
of the covered auto by a person other than you or a relative;
b. operated on rails or crawler treads;
c. designed mainly for use off public roads, while not on public roads;
d. while located for use as a residence or premises; or
e. that is a covered auto. However, this shall not apply when coverage is denied
under Part I—Liability To Others of this policy because of the exclusion of
bodily injury to you or a relative, if the bodily injury results from operation of
the covered auto by a person other than you or a relative.
To enable the insurer to investigate and resolve your claim, describe the facts and circumstances giving rise to the
insurer's violation as you understand them at this time.
Insurance company maintains that the third-party's insurance coverage of $10,000/$20,000 is enough to
cover amount of damages.
a
User Id Date Added Comment
DFS-10-363
Rev. 10/14/2008
Preview
Case Number: COWE-21-001213 Division: 82 Filing # 121005134 E-Filed 02/08/2021 03:03:34 PM IN THE COUNTY COURT OF THE 17"! JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA ABAYOMI MANRIQUE, CASE NO.: Plaintiff, GENERAL JURISDICTION vs. TRIAL BY JURY DEMANDED PROGRESSIVE AMERICAN INSURANCE COMPANY, a Foreign Profit Corporation, Defendant. COMPLAINT Plaintiff, Abayomi Manrique, by and through undersigned counsel, hereby sues the Defendant, Progressive American Insurance Company, (hereinafter “Progressive”), and in support thereof alleges: PARTIES 1 Plaintiff, Abayomi Manrique, is an individual, that resides in Broward County, Florida. 2. Defendant, Progressive American Insurance Company, is a Foreign Profit Corporation, with its principal place of business in Mayfield Village, Ohio. JURISDICTIONAL STATEMENT 3 This is an action for damages that is within the jurisdictional limits of this Court, exclusive of interest, costs and attorney’s fees. 4. This Court has jurisdiction over this case pursuant to Article V, Section 6 of the Florida Constitution and pursuant to Florida common law. 5 Venue in Broward County, Florida is proper in this action under Sections 47.011 and 47.051 of the Florida Statutes because the cause of action occurred in this county. 6. All conditions precedent to the filing of this suit have been met pursuant to Section 624.155, Florida Statutes. CHARLES LEGAL, PLLC 930 SOUTH STATE ROAD 7, PLANTATION, FLORIDA 33317 #** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 02/09/2021 11:41:56 AM.*##* COUNTI UNDERINSURED/UNINSURED MOTORIST CLAIM (BREACH OF CONTRACT) 7 This is an action brought pursuant to an insurance contract issued to Abayomi Manrique which provided coverage to Plaintiff, Abayomi Manrique, by Defendant, Progressive American Insurance Company, and breach of contract pursuant to Chapter 627 of the Florida Statutes. 8 Prior to the time of the motor vehicle accident which occurred on or about March 12", 2020 in Broward County, Florida, Plaintiff's vehicle was covered by the insurance policy which Defendant, Progressive American Insurance Company, issued. Defendant, Progressive American Insurance Company, issued and delivered automobile policy number 929702774-1 for premiums paid by Abayomi Manrique and intended to protect Plaintiff as well as any other passengers occupying the insured’s vehicle, against loss resulting from negligence of an underinsured or uninsured motorist. 9. Said policy included underinsured/uninsured motorist coverage and was in effect at the time of the collision. 10. At the time and place of the collision referenced herein, the driver of the adverse automobile is underinsured, in that the adverse driver’s bodily injury policy limits are $10,000.00 per person/$20,000.00 per occurrence. ll. Pursuant to Chapter 627 of the Florida Statutes and the policy of insurance, Plaintiff, is entitled to recover against Defendant, Progressive American Insurance Company, for Plaintiff's injuries, pain and suffering, losses and damage arising out of the collision described above. 12. Plaintiff, has notified Defendant, Progressive American Insurance Company, of their claim and have otherwise fully complied with all conditions precedent to entitle them to recover under said insurance policy issued to Abayomi Manrique by Defendant, Progressive American Insurance Company. 13. Plaintiff at all times pertinent to this action had the proper state-required automobile insurance under the laws of the State of Florida, and are entitled to its full benefits, including benefits for underinsured/uninsured motorist coverage. CHARLES LEGAL, PLLC 930 SOUTH STATE ROAD 7, PLANTATION, FLORIDA 33317 14. Defendant, Progressive American Insurance Company, has refused to pay to Plaintiff the benefits to which they are entitled under the policy of insurance. 15. Plaintiff has paid all of the premiums due under said underinsured/uninured motorist insurance policy. Said policy was in full force and effect on the date of the accident, and, therefore, Plaintiff is entitled to the full amount of the benefits. 16. No good reason or cause exists for Defendant, Progressive American Insurance Company, to deny such benefits. 17. As a direct and proximate result of Progressive American Insurance Company’s violation of Section 626.9541, Plaintiff suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn money, aggravation of a previously existing condition, permanent disfigurement and scarring. DEMAND FOR JURY TRIAL 18. Plaintiff demands a trial of this action by jury. DEMAND FOR JUDGMENT WHEREFORE, Plaintiff demands a jury trial of this action and further demand judgment against Defendant for general damages, attorney’s fees and for such other and further relief, in law or in equity, to which Plaintiff may be justly entitled. Charles Legal, PLLC Counsel for Plaintiff 930 South State Road 7 Plantation, Florida 33317 Telephone: (954) 342-6446 steve@charleslegalpl.com By: 4/Steve Louis-Charles Steve Louis-Charles, Esq. Florida Bar No.: 98666 CHARLES LEGAL, PLLC 930 SOUTH STATE ROAD 7, PLANTATION, FLORIDA 33317 FLORIDA FINANCIAL SERVICES FO aed eh Filing Number: 528155 Filing Accepted: 12/1/2020 Warning! Information submitted as part of this civil remedy notice is a public record. Data entered into this form will be displayed on the DFS website for public review. Please DO NOT enter Social Security Numbers, personal medical information, personal financial information or any other information you do not want available for public review. a The submitter hereby states that this notice is given in order to perfect the rights of the person(s) damaged to pursue civil remedies authorized by Section 624.155, Florida Statutes. Name: ABAYOMI MANRIQUE Street Address: City, State Zip: Email Address: Complainant Type: Insured Name: ABAYOMI MANRIQUE Policy #: 929702774 Claim #: 20-1537866 Name: STEVE LOUIS-CHARLES Street Address: 930 SOUTH STATE ROAD 7 City, State Zip: PLANTATION, FLORIDA 33317 Email Address: STEVE@CHARLESLEGALPL.COM Insurer Type: Authorized Insurer Name: PROGRESSIVE AMERICAN INSURANCE COMPANY Please identify the person or persons representing the insurer who are most responsible for/knowledgeable of the facts giving rise to the allegations in this notice. DENNIS DEL POZO Type of Insurance: Auto DFS-10-363 Rev. 10/14/2008 my) FLORIDA FINANCIAL SERVICES Filing Number: 528155 Reasons for Notice: Claim Denial PURSUANT TO SECTION 624.155, F.S. please indicate all statutory provisions alleged to have been violated. 624.155(1)(b)(1) Not attempting in good faith to settle claims when, under all the circumstances, it could and should have done so, had it acted fairly and honestly toward its insured and with due regard for her or his interests. Reference to specific policy language that is relevant to the violation, if any. If the person bringing the civil action is a third party claimant, she or he shall not be required to reference the specific policy language if the authorized insurer has not provided a copy of the policy to the third party claimant pursuant to written request. If you pay the premium for this coverage, we will pay for damages, other than punitive or exemplary damages, that an insured person is legally entitled to recover from the owner or operator of an uninsured motor vehicle because of bodily injury: 1. sustained by an insured person; 2. caused by an accident; and 3. arising out of the ownership, maintenance or use of an uninsured motor vehicle. We will not pay for damages consisting of pain, suffering, mental anguish, or inconvenience unless the injury or disease consists in whole or in part of: 1. significant and permanent loss of an important bodily function; 2. permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement; 3. significant and permanent scarring or disfigurement; or 4, death; as described in section 627.737(2) of the Florida Motor Vehicle No-Fault Law, as amended. An insured person must notify us in writing by certified or registered mail at least 30 days before entering into any settlement with the owner or operator of an uninsured motor vehicle, or that person’s liability insurer. In order to preserve our right of subrogation, we may elect to pay any sum offered in settlement by, or on behalf of, the owner or operator of the uninsured motor vehicle. If we do this, you agree to assign to us all subrogation rights that you have against the owner or operator of the uninsured motor vehicle. 23 Any judgment or settlement for damages against an owner or operator of an uninsured motor vehicle that arises out of a lawsuit brought without our written consent is not binding on us. ADDITIONAL DEFINITIONS When used in this Part Ill: 1. “Insured person” means: a. you, a relative, or a rated resident; b. any person while operating a covered auto with the permission of you, a relative, or a rated resident; c. any person occupying, but not operating, a covered auto; and d. any person who is entitled to recover damages covered by this Part Ill because of bodily injury sustained by a person described in a, b, or c above. . “Rated resident” means a person residing in the same household as you at the DFS-10-363 Rev. 10/14/2008 time of the loss who is not a relative, but only if that person: a. is listed in the “Drivers and household residents” section on the declarations page; b. is not designated as either an “Excluded” or a “List only” dri r; and c, is not insured for uninsured motorist coverage by any other insurance policy. 3. “Uninsured motor vehicle” means a land motor vehicle or trailer of any type: a, to which no bodily injury liability bond or policy applies at the time of the accident; b, to which a bodily injury liability bond or policy applies at the time of the accident, but the bonding or insuring company: {i) denies coverage; or (ii) is or becomes insolvent; c, to which a bodily injury liability bond or policy applies at the time of the accident, but its limit of liability for bod injury is less than the bodily injury damages an insured person is legally entitled to recover; or d. that is a hit-and-run vehicle whose owner or operator cannot be identified and which causes an accident, with or without physical contact, resulting in bodily injury to an insured person, provided that the insured person, or someone on his or her behalf, reports the accident to the police or civil authority within 24 hours or as soon as practicable after the accident. An “uninsured motor vehicle” does not include any vehicle or equipment: a. owned by you or a relative or furnished or available for the regular use of you ora relative. However, this shall not apply to a covered auto when coverage is denied under Part I—Liability To Others of this policy because of the exclusion of bodily injury to you or a relative, if the bodily injury results from operation of the covered auto by a person other than you or a relative; b. operated on rails or crawler treads; c. designed mainly for use off public roads, while not on public roads; d. while located for use as a residence or premises; or e. that is a covered auto. However, this shall not apply when coverage is denied under Part I—Liability To Others of this policy because of the exclusion of bodily injury to you or a relative, if the bodily injury results from operation of the covered auto by a person other than you or a relative. To enable the insurer to investigate and resolve your claim, describe the facts and circumstances giving rise to the insurer's violation as you understand them at this time. Insurance company maintains that the third-party's insurance coverage of $10,000/$20,000 is enough to cover amount of damages. a User Id Date Added Comment DFS-10-363 Rev. 10/14/2008