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Case Number: CACE-21-007731 Division: 12
Filing # 125057765 E-Filed 04/16/2021 11:17:19 AM
IN THE CIRCUIT COURT OF THE 17TH IJUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA.
LAILA KASSAM, Case No:
v.
FEDNAT INSURANCE COMPANY,
Plaintiff,
Defendant.
COMPLAINT
COMES NOW Plaintiff, LAILA KASSAM, (hereinafter referred to as “Plaintiff”), by
and through undersigned counsel, and hereby sue the Defendant FEDNAT INSURANCE
COMPANY (hereinafter referred to as “Defendant” ), and in support thereof alleges as follows:
1.
This is an action for damages that exceeds THIRTY THOUSAND DOLLARS
($30,000.00), exclusive of interest, costs and attorney’s fees.
At all times material hereto, Plaintiff owned the property insured by the Defendant at
5392 NW 126" Terrace, Coral Springs, FL 33076, in Broward County, Florida.
At all times material hereto, the Defendant, was and is an insurance company authorized
to and does write homeowner insurance policies within the State of Florida, and
specifically within Broward County, Florida.
Venue is proper in Broward County, Florida, pursuant to Florida Statute 47.011 because
the cause of action upon which these allegations are based accrued in Broward County,
Florida.
At all times material hereto, Plaintiff was the named insured for the property located at
5932 NW 126TH Terrace Coral Springs, FL 33076, which is the covered property under
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 04/16/2021 11:17:16 AM.****a policy of insurance issued by the Defendant, specifically policy number . Plaintiffs
currently do not have a copy of the policy, but Defendant has it within their possession.
6. Atall times material hereto, the policy was in full force and effect.
7. The policy of insurance provides, in pertinent part, that the Defendant provides coverage
for losses to the subject property and the services and repairs rendered, to make
reasonable and necessary repairs as a result thereof.
8. The Plaintiffs have complied with all conditions precedent to bringing the instant cause,
and/or all such conditions have been waived by the Defendant.
9. That on or about September 10, 2017, and again on November 8"", 2020. Plaintiff
suffered a cover loss at the stated insured property, specifically but not limited to
significant wind and water damage to the walls, floors, roof and ceilings of the property.
10. Defendant acknowledged the loss as claim number HO0520344464 and assigned an
insurance adjuster to the loss.
11. Plaintiff provided Defendant with a damage estimate for a covered loss.
12. Defendant was given timely notice of the loss and investigated the claim including
inspecting the property and estimating the damage, and was not prejudiced in its
investigation.
13. The inspection of the property led to an estimate of $88,968.87 to repair significant wind
and water damage to the walls, floors, roof and ceilings of the property.
14. Defendant denied coverage of the loss.
COUNT I- BREACH OF CONTRACT
Plaintiff reavers, readopts, and realleges the allegations contained in paragraphs 1
through 14 of this Complaint, and as a first cause of action would further allege:15. The policy provides coverage for direct physical loss to the Plaintiffs’ property due to
wind and water damage.
16. That the Plaintiffs sustained unpaid damages for a covered loss under the Defendant’s
policy of insurance.
17. That the Plaintiffs demanded that the Defendant honor its contractual obligation and pay
for the unpaid damages to the insured property.
18. That as a result of the Defendant’s breach of contract, Plaintiff sustained damage to the
insured property.
19. The Defendant refused to honor its contractual obligations and pay for the covered loss.
20. That the Plaintiff has further had to retain the undersigned attorney and agreed to pay
him a reasonable fee for which the Defendant is liable under §627.428.
21. Florida Statute 627.428(1) states:
Upon the rendition of a judgment of decree by any of the courts of this state
against an insurer and in favor of any named or omnibus insured or the named.
beneficiary under a policy or contract executed by the insurer, the trial court or, in
the event of an appeal in which the insured or beneficiary prevails, the appellate
court shall adjudge or decree against the insurer and in favor of the insured or
beneficiary a reasonable sum as fees or compensation for the insured’s or
beneficiary’s attorney prosecuting the suit in which the recovery is had.
WHEREFORE, the Plaintiffs demand judgment against the Defendant plus interest,
attorney’s fees, costs and any other such relief that this Honorable Court deems just and
proper. ]
DEMAND is hereby made for trial by jury of all issues so triable, as a matter of right.DESIGNATION OF E-MAIL ADDRESS PURUSANT TO RULE 2.516
Pursuant to Florida Rule of Judicial Administration 2.516, Plaintiffs hereby file its
notice of designation of email address for the purpose of service of all documents required to
be served in this proceeding: service@lowercaselaw.com
DATED this 16" day of April, 2021.
4s/ Jose Aguirre
Jose Aguirre, Esq.
lowercase, a law firm
Attorneys for Plaintiff
5582 NE 4" Ct #6A
Miami, Florida 33137
Phone: 833.569.3335
E-mail: jose@lowercaselaw.com
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Case Number: CACE-21-007731 Division: 12 Filing # 125057765 E-Filed 04/16/2021 11:17:19 AM IN THE CIRCUIT COURT OF THE 17TH IJUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA. LAILA KASSAM, Case No: v. FEDNAT INSURANCE COMPANY, Plaintiff, Defendant. COMPLAINT COMES NOW Plaintiff, LAILA KASSAM, (hereinafter referred to as “Plaintiff”), by and through undersigned counsel, and hereby sue the Defendant FEDNAT INSURANCE COMPANY (hereinafter referred to as “Defendant” ), and in support thereof alleges as follows: 1. This is an action for damages that exceeds THIRTY THOUSAND DOLLARS ($30,000.00), exclusive of interest, costs and attorney’s fees. At all times material hereto, Plaintiff owned the property insured by the Defendant at 5392 NW 126" Terrace, Coral Springs, FL 33076, in Broward County, Florida. At all times material hereto, the Defendant, was and is an insurance company authorized to and does write homeowner insurance policies within the State of Florida, and specifically within Broward County, Florida. Venue is proper in Broward County, Florida, pursuant to Florida Statute 47.011 because the cause of action upon which these allegations are based accrued in Broward County, Florida. At all times material hereto, Plaintiff was the named insured for the property located at 5932 NW 126TH Terrace Coral Springs, FL 33076, which is the covered property under *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 04/16/2021 11:17:16 AM.****a policy of insurance issued by the Defendant, specifically policy number . Plaintiffs currently do not have a copy of the policy, but Defendant has it within their possession. 6. Atall times material hereto, the policy was in full force and effect. 7. The policy of insurance provides, in pertinent part, that the Defendant provides coverage for losses to the subject property and the services and repairs rendered, to make reasonable and necessary repairs as a result thereof. 8. The Plaintiffs have complied with all conditions precedent to bringing the instant cause, and/or all such conditions have been waived by the Defendant. 9. That on or about September 10, 2017, and again on November 8"", 2020. Plaintiff suffered a cover loss at the stated insured property, specifically but not limited to significant wind and water damage to the walls, floors, roof and ceilings of the property. 10. Defendant acknowledged the loss as claim number HO0520344464 and assigned an insurance adjuster to the loss. 11. Plaintiff provided Defendant with a damage estimate for a covered loss. 12. Defendant was given timely notice of the loss and investigated the claim including inspecting the property and estimating the damage, and was not prejudiced in its investigation. 13. The inspection of the property led to an estimate of $88,968.87 to repair significant wind and water damage to the walls, floors, roof and ceilings of the property. 14. Defendant denied coverage of the loss. COUNT I- BREACH OF CONTRACT Plaintiff reavers, readopts, and realleges the allegations contained in paragraphs 1 through 14 of this Complaint, and as a first cause of action would further allege:15. The policy provides coverage for direct physical loss to the Plaintiffs’ property due to wind and water damage. 16. That the Plaintiffs sustained unpaid damages for a covered loss under the Defendant’s policy of insurance. 17. That the Plaintiffs demanded that the Defendant honor its contractual obligation and pay for the unpaid damages to the insured property. 18. That as a result of the Defendant’s breach of contract, Plaintiff sustained damage to the insured property. 19. The Defendant refused to honor its contractual obligations and pay for the covered loss. 20. That the Plaintiff has further had to retain the undersigned attorney and agreed to pay him a reasonable fee for which the Defendant is liable under §627.428. 21. Florida Statute 627.428(1) states: Upon the rendition of a judgment of decree by any of the courts of this state against an insurer and in favor of any named or omnibus insured or the named. beneficiary under a policy or contract executed by the insurer, the trial court or, in the event of an appeal in which the insured or beneficiary prevails, the appellate court shall adjudge or decree against the insurer and in favor of the insured or beneficiary a reasonable sum as fees or compensation for the insured’s or beneficiary’s attorney prosecuting the suit in which the recovery is had. WHEREFORE, the Plaintiffs demand judgment against the Defendant plus interest, attorney’s fees, costs and any other such relief that this Honorable Court deems just and proper. ] DEMAND is hereby made for trial by jury of all issues so triable, as a matter of right.DESIGNATION OF E-MAIL ADDRESS PURUSANT TO RULE 2.516 Pursuant to Florida Rule of Judicial Administration 2.516, Plaintiffs hereby file its notice of designation of email address for the purpose of service of all documents required to be served in this proceeding: service@lowercaselaw.com DATED this 16" day of April, 2021. 4s/ Jose Aguirre Jose Aguirre, Esq. lowercase, a law firm Attorneys for Plaintiff 5582 NE 4" Ct #6A Miami, Florida 33137 Phone: 833.569.3335 E-mail: jose@lowercaselaw.com