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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
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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
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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
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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
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