arrow left
arrow right
  • Paul Yesbeck, et al Plaintiff vs. State Farm Florida Insurance Company Defendant 3 document preview
  • Paul Yesbeck, et al Plaintiff vs. State Farm Florida Insurance Company Defendant 3 document preview
  • Paul Yesbeck, et al Plaintiff vs. State Farm Florida Insurance Company Defendant 3 document preview
  • Paul Yesbeck, et al Plaintiff vs. State Farm Florida Insurance Company Defendant 3 document preview
  • Paul Yesbeck, et al Plaintiff vs. State Farm Florida Insurance Company Defendant 3 document preview
  • Paul Yesbeck, et al Plaintiff vs. State Farm Florida Insurance Company Defendant 3 document preview
  • Paul Yesbeck, et al Plaintiff vs. State Farm Florida Insurance Company Defendant 3 document preview
  • Paul Yesbeck, et al Plaintiff vs. State Farm Florida Insurance Company Defendant 3 document preview
						
                                

Preview

Case Number: CACE-21-007740 Division: 09 Filing # 125083648 E-Filed 04/16/2021 02:40:00 PM IN THE CIRCUIT COURT IN AND FOR BROWARD COUNTY, FLORIDA PAUL YESBECK AND FRANCES YESBECK, CASE NO. Plaintiffs, Vv. STATE FARM FLORIDA INSURANCE COMPANY, Defendant. COMPLAINT FOR DAMAGES COME NOW Plaintiffs, Paul Yesbeck and Frances Yesbeck by and through the undersigned attorneys, and hereby sues Defendant, State Farm Florida Insurance Company and alleges: 1 This is an action for damages in excess of $30,000.00. 2. At all times material hereto, Plaintiffs were and are residents of the county of this court and otherwise sui juris. At all times material hereto, Defendant was an insurer authorized by the Florida Department of Financial Services to do business and issue policies in the county of this court. Jurisdiction and venue of this matter are proper in the Circuit Court for Broward County, Florida. At all times material hereto, in consideration of premiums paid by Plaintiffs, there was in full force and effect certain insurance policy being Policy number 79NB89691 (hereinafter, the "Policy"). A copy of the Policy is attached hereto and incorporated herein by reference as “Exhibit A”. Under the terms of the Policy, Defendant insured Plaintiffs against certain losses for the property located at 2276 Quail Roost Dr., Weston, FL 33327 (hereinafter, the “Property”). #** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 04/16/2021 02:40:00 PM.**#* On or about September 10, 2017, the Property sustained direct physical damage believed to be a result of Hurricane Irma (hereinafter, the “Loss”). The Policy was in full force and effect on the date of the Loss. Defendant assigned claim number 59-08P6-78H to the Loss. 10. Defendant was given access to the Property to inspect the damages associated with the Loss. 11 Defendant has failed to issue any payments for damages to the Property. COUNT I- BREACH OF CONTRACT 12 Plaintiffs reallege and reincorporates paragraphs 1-11 as if fully stated herein, and further alleges as follows: 13. The Plaintiffs provided Defendant with timely notice of the Loss. 14. Prior to the initiation of this lawsuit, Defendant has denied coverage under the Policy for the Loss and has refused or otherwise failed to issue any payment to the Plaintiffs consistent with the same. 15 The Plaintiffs have complied with all obligations and conditions precedent to this lawsuit which would entitle the Plaintiffs to recover benefits under the Policy, or such conditions have been waived. 16. The Defendant has failed to provide complete coverage for the physical damages that occurred during the policy period. 17 This failure is contrary to the terms of the Policy and constitutes a breach of the Policy. 18 Despite Plaintiffs’ demand for payment, Defendant has failed to fulfill its obligation to properly adjust and pay the claim associated with and arising from the damages caused by the Loss. 19. The Plaintiffs have been damaged by this breach in the form of unpaid insurance proceeds for the Loss. 20. As a direct and proximate result of Defendant’s breach of contract, the Plaintiffs have been required to retain the services of the undersigned attorneys, and the Plaintiffs have become obligated to pay its counsel a reasonable fee for their services in bringing this action, along with necessary costs incurred. 21 All conditions precedent to the filing of this action have been met or have been waived. 22. In the event that the Plaintiffs prevail in this action, Plaintiffs are entitled to an award of attorneys’ fees and costs pursuant to sections 627.428, 626.9373, 57.041, and/or 57.105, Florida Statutes. WHEREFORE, Plaintiffs demand judgment against Defendant for damages, including but not limited to damages owed under the contract, interest, attorneys’ fees and costs. PLAINTIFFS’ DEMAND A TRIAL BY JURY OF ALL ISSUES TRIABLE AS A MATTER OF RIGHT BY A JURY. Respectfully submitted, KATRANIS, WALD & GARNER, PLLC 501 E Las Olas Blvd., Suite 200/300 Fort Lauderdale, Florida 33301 Tel.: (754) 231-8107 E-Service Email: service@kwglegal.com Primary Email: jackson@kwglegal.com Secondary Email: Margaret@kwglegal.com By: /s/ Jackson De Souza, Esq Margaret E. Garner, Esq. Florida Bar No.: 85908 Jackson De Souza, Esq. Florida Bar No.: 1001603 Exhibit A 7 State Farm Florida Insurance Company POLICY NUMBER 70-NB-S060-T = 7401 Cypres Gardens. Homeowners i Winter, wen, FL, 33886-0007 AUG 31 2017 FO AUG 31 2018 arz H196583-FADB. HOW F corse 9122 YESBECK, PAUL J _& FRANCES A 2276 QUAIL ROOST DR WESTON FL 33327-1447 stu LFA el det tte lf hE AE ye 2g BS Dear State Farm® Policyholder: ‘The attached form is enclosed as required by the Florida Office ofInsurance Regulation. [t is intended to provide you with information to help you make decisions on strengthening your home against damage by win ‘The form gives you some explanation of the information presented. ‘There are a few additional things we want you to know. . ‘The values shown for the mitigation features are estimated as if you are receiving no wind mitigation discount. However, you may already be getting a discount on your premium for some ofthe mitigation features listed on the form. ‘The value for ‘your hurricane - wind premium’ and ‘your total annual premium’ in the section titled “How much do these improvements cost” may not match your in, is because the values listed on the form have been estimated as if you are receiving no wind mitigation discount. ‘The values listed on your bill adjust for any discounts that you may already be receiving. Discounts are not calculated cumulatively, ‘The total disc ‘ount is not the sum of the individual discounts. ‘This is emphasized in the section titled “Your maximum discount”. Homes built in iami-Dade and Broward counties before 1995 and _in the rest of the state before 2003 are considered “exi ing construction” and will have values in the section of the form titled “Homes built prior to the 2001 building cod . Homes built in Miami-Dade and Broward counties in 1995 or later and in the rest of the state in 2003 or later are considered “new construction” and will have values in the section of the form titled “Homes built under the 2001 building code or later”. If you believe your home should be considered “new construction”, please contact your agent. ‘Under “Homes built under the 2001 building code or later”, the first box may have a value greater than the 68% noted on the form, This is because some areas can receive a greater discount for heing built in compliance with the 2001 Florida Building Code or the 1994 South Florida Building Code, ‘These discounts are not available if you are already being billed our minimum premium. “These discounts are not available if your policy does not provide cover rage for wind losses, however we are still wired to send you this form pursuant to the Florida law. If you do not fi ave wind coverage with us, you will see "N/A" (notap licable) in many areas of the form. The percent scounts that are shown are only estimates but do not apply to yor TrIfyou hav ve wind coverai 3¢ through Citizens or another carrier, you should receive this form from that carrier explaining the percentage and lollar savings for the mitigation features. ¥ "The premium you save through strengthening your home can help offset the additional cost if you choose a lower deductible, Please contact your agent with any questions, ‘Their name and number are listed on the last page of the form. Sincerely, ‘State Farm Florida Insurance Company STEVE MYERS INS AGCY INC Prepared JUL 03 2017 ont 01 (305) 253-5800 35 Notice of Premium Discounts for Hurricane Loss Mitigation ***Important Information*** About Your Personal Residential Insurance Policy Ee Dear Homeowmer, Date JUL 03 2017 Hurricanes have caused tens of billions of dollars in insured damages and predictions of more catastrophic hurricanes making landfall in Florida have triggered increases in insurance premiums to cover potential future losses. Enclosed is information regarding wind loss mitigation that will make your home more 2g resistant to wind and help protect your family during a catastrophic event. In addition to reducing your be hurricane wind premium by installing mitigation features, you may also reduce the likelihood of out of pocket expenses, such as your hurricane deductible, you may otherwise incur after a catastrophic event. What factors are considered in establishing my premium? ‘Your location: The closer a home is to the coast, the more vulnerable itis to damage caused by hurricane winds. This makes the hurricane-wind premium higher than for similar homes in other areas of the state. ‘Your palicy: Your insurance policy is divided into two premiums: one for damage caused by hurricane force winds (hurricane-wind) and one for all other damage (all perils), such as fire. ‘Your deductible: Under the lavy, you are allowed to choose a $500, 2%, 5% or 10% deductible, depending on the actual value of your home. The larger your deductible, the lower your hurricane-wind premium. However, if you select a higher deductible your out-of-pocket expenses in the eventof a hurricane claim will be higher. : The state requires insurance companies to offer discounts for protecting your home against damage caused by hurricane winds. Securing your roof so it doesn’t blow off and protecting your windows from flying debris are the two most cost effective measures you can take to safeguard your home and reduce your hurricane-wind premium. These discounts apply only to the huricane-wind portion of your policy. ‘The costs of the improvement projects vary. Homeowners should contact a licensed contractor for an estimate. You can find a Certified Contractorin your area by visitingthe Florida Department of Business and Professional Regulation online at ‘Yourmaximum discount Discounts are not calculated cumulatively. The total discountis not the sum of the individual discounts. Instead, when one discountis applied, other discounts are reduced until you reach your maximum discount of 76.0%. How can I take advantage of the discounts? Homeowners will need a qualifies spector such as a general, building, or residential contractor licensed under Section 489.111, Horida Statutes, or a professional engineer licensed under Section 471.015, Florida Statutes, who has passed the appropriate equivalency test of the Building Code training program as required by Section 553.841, Florida Statutes, or a professional architect licensed under Section 481.213, Florida Statutes, or a building code inspector certified under Section 468.607, to inspect the home to identify potential mitigation measures and verify improvements. For a listing of individuals and/or inspection companies meeting these qualifications contact your insurance agent or insurance company. The following is an example of how much you can reduce your insurance promium if you have mitigating features on your home. The ‘xample is basedon your hurricane-wind premium*of $4996, which is part of your total annual promiumof $7870. Remember,the discounts shown only applyto the hurricano-wind portion of the premium and the discounts for the construction techniques and features listed below are not cumulative. * Wind mitigation credits apply to that portion of your promium that covers the poril of wind, whetheror not a hurricane exists. Page 1 of 4 Prepared JULO3 2017 8 101 04 7401 Cypress Gardens Blvd, Winter Maven, Ft. 93888-0007 Homes built prior to the 2001 building code Estimated* Annual Description of Feature Estimated* Premium Premium ($} is Discount Percent Reduced by: Boof Covering (i.e, shingles or tiles} Meets the Florida Building Code N/A N/A Reinforced Concrete Roof Deck (If this feature is N/A N/A installed on your home you most likely will not qualify for any other discount) How Your Roof is Attached Using a 2' nail spaced at 6" from the edge of N/A N/A the plywood and 12" in the field of the plywood Using a 2 1/2' nail spaced at 6" from the edge of the N/A N/A plywood and 12" in the field of the plywood Using a 2 1/2” nail spaced at 6" from the edge of the N/A N/A plywood and 6° in the field of the plywood Aaof-to-Wall Connection . Using ‘Toe Nails" - defined as three nails driven at N/A N/A an angle through the rafter and into the top roof Using Clips- defined as pieces of metal that are N/A N/A nailed into the side of the rafter/truss and into the side of the top plate or wall stud Using Single Wraps - a single strap that is N/A N/A attached to the side and/or bottom of the top plate and are nailed to the rafter/truss Using Double Wraps - straps are attached to the N/A N/A side and/or bottom of the top plate and are nailed to the rafter/truss Boot Shape * Hip Roof- defined as your roof sloping down to N/A N/A meet all your outside walls (like a pyramid) * Other N/A N/A Page 2014 Prepared JUL 032017 ant a g aoa FL. 0-25-2000 (ones) sts Sy 908.0100 2 = fi. ge = x 2 3. 2 22. oa Be ae = = oa 3. os se ¥ 3 z> <= > < 2 2= =e 2S. ss Hemes built under the 2001 building code or later Estimated* Annual Estimated* Premium Description of Feature Premium ($) is Discount Percent Reduced by: Homes built under the 2001 Florida Building Code or later edition 73.8 $3,647 {also including the 1994 South Florida Building Code for homes in Miami-Dade and Broward Counties) are eligible for a minimum 68% discount on the hurricane-wind partion af your premium. You may be eligible for greater discount if other mitigation features are installed on your home. ‘Shutters . None $0 . Intermediate Type - shutters that are strong $0 enough to meet half the old Miami-Dade building code standards Hurricane Protection Type - shutters that are $0 strong enough to meet the current Miami-Dade building code standards Roof Shape . Hip Roof - defined as your roof sloping downto meet all $100 your outside walls (like a pyramid) . Other $0 *Estimate is based on information currently on file and the actual amount may vary. Alternately and regardless of the year of construction, if you meet the minimum fixture and construction requirements of the 2001 Florida Building Code you have the option to reduce your hurricane-wind deductible from your current deductible to the lowest deductible we offer based on the insured value of your home, subject to additional premium. If you have further questions about the construction techniques and features or other construction techniques and features that could result in a discount, please contact your insurance agent or the insurance company at (305) 253-5800 { STEVE MYERS INS AGCY INC) Page 4 of 4 Prepared JUL 03 2017 YESBECK, PAUL J & FRANCES A 2276 QUAI, ROOST DR WESTON FL 33327-1447 Checklist of Coverage Policy 79-NB-8969-1 Policy Type: HOMEOWNER’S POLICY The following checklist is for informational purposes only. Florida law prohibits this checklist from changing any of the provisions of the insurance contract which is the subject of this checklist. Any endorsement regarding ee ba changes in types of coverage, exclusions, limitations, reductions, deductibles, coinsurance, renewal provisions, cancellation provisions, surcharges, or credits will be sent separately. Reviewing this checklist together with your policy can help you gain a better understanding of your policy's actual coverages and limitations, and may even generate questions. By addressing any questions now, you will be more prepared later in the event of a claim. Experience has shown that many questions tendto arise regarding the coverage of attached or detached screened pool enclosures, screened porches, and other types of enclosures, Likewise, if your policy insures a condominium unit, questions may arise regarding the coverage of certain items, such as individual heating and air conditioning units; individual water heaters; floor, wall, and Ceiling coverings; built-in cabinets and counter tops; appliances; window treatments and hardware; and electrical fixtures. A clear understanding of your policy's coverages and limitations will reduce confusion that may arise during claims settlement. Please referto the policy for details and any exceptions to the coverages listed in this checklist. All coverages are subjectto the provisions and conditions of the policy and any endorsements. If you have questions regarding your policy, please contact your agent. Consumer assistance is available from the Department of Financial Services, Division of Consumer Services’ Helpline at (800) 342-2762 or www.{idfs.com. This form was adopted by the Florida Financial Services Commission. Dwelling Structure Coverage (Place of Residence) Limitof Insurance: $510,300 Loss Settlement Basis: Replacement Cost Other Structures Coverage (Detached from Dwelling) Limitof Insurance: $51,030 Loss Settlement Basis: Replacement Cost Personal Property Coverage Limitof Insurance: $382,725. Loss SettlementBasis: Replacement Cost Deductibles Annual Hurricane: $10,206 All Perils (Other Than Hurricane}. $5,103 1of3 2 SAS oun-B1-1670 02-17-2001 och wo Checklist of Coverage {continued} ‘The Limit of Insurance, Deductibles, and Loss Settlement Basis apply to the following perils insured against {Items below marked Y {Yes} indicate coverage |S included, those marked N {No} indicate coverage is NOT included.) Fire or Lightning Hurricane. Flood (including storm surge) Windstorm or Hail (other than hurricane) Explosion Riot or Civil Commotion Aircraft Vehicles Smoke. Vandalism or Malicious Mischief Theft Falling Objects. Wieightoftce, Snow or Sleet Accidental Discharge or Overflow of Water or Steam, Sudden and Accidental Tearing Apart. Cracking. Burning or Bulging Freezing Sudden and Accidental Damage from Artificially Generated Electrical Current Volcanic Eruption Sinkhole Catastrophic Ground Cover Collapse Any Other Peril Not Specifically Excluded (dwelling and other structures only) Special its and loss sottlement excoptions may apply to certain itoms. Refer to your policy for details. Lass of Use Coverage Coverage Limit of Insurance [Time Limit (Items below marked ¥ (Yes) indicate coverage IS included, those marked N (No) indicate coverage is NOT included.) ¥ | Additional Living Expense Actual loss sustained 24months Y Fair Rental Value Actual loss sustained 12months Y Civil Authority Prohibits Use Actual loss sustained 2weeks 20f3 OIR-Bi-1670 a L642 017-2011 otras sts 905.0100 z<' <|< <2 as <|<|< see ba ee aes 33 B82 se 22 sas eae an ois 8a ogg Se 8g ee 5S es BS Sa gas oe BS $5 2/5 833 ee @e Ze as Bes Bes Be Bis a8z3 SB es eps Sea BS33 2 $2 Be BE gi zs PRBS Ss. ax 83 8c zs ga 38 fa Bm 3a Bsa 223 &s S22 =e os ee3 gee ge Sze Sae2 $= £2 = 22 8a = z g Bla 8 B BIB 3 3 R 3/8 he be 32 23 << < < < <\< <|< aa Biss 25 ae es 38 es Eo aa 83 ale ai aa ao 23 ee 38 2S <|-