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Case Number: CACE-21-007756 Division: 04
Filing # 125088349 E-Filed 04/16/2021 03:14:12 PM
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
LUIS A TRIBIN and CLAUDIA M TRIBIN, CASE NO:
Plaintiffs,
v.
HERITAGE PROPERTY & CASUALTY
INSURANCE COMPANY,
Defendant.
/
COMPLAINT
COME NOW the Plaintiffs, LUIS A TRIBIN and CLAUDIA M TRIBIN (hereinafter “Plaintiffs”),
by and through the undersigned counsel, and hereby file this Complaint against the Defendant,
HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY, (hereinafter “Defendant”), and as
grounds therefore state as follows:
1. That this is an action for damages in excess of Thirty Thousand Dollars ($30,000.00)
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 the Defendant was an insurance company authorized to do
business in the State of Florida and doing business in Broward County, Florida.
3. That at all times material hereto the Plaintiffs were and are residents of Broward County,
Florida, and are otherwise swi juris.
4. That at all times material hereto, Plaintiffs and Defendant had a policy of insurance, Policy
No. HOH198281 on Plaintiffs’ property located 11988 Glenmore Drive, Pompano Beach, Florida 33071
which afforded various types of coverage including coverage for damage to the dwelling, personal
property, and for loss of use. Plaintiff is not in possession of a certified copy of the policy but believes
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 04/16/2021 03:14:08 PM.****one to be in possession of Defendant, and same has been requested to be produced by Defendant in
response to discovery.
COUNT I
Plaintiffs re-adopt and re-allege Paragraphs 1 through 4 above, as if fully stated herein, and further
allege as follows:
5. On or about November 8, 2020, while the Policy was in full force and effect, Plaintiffs
suffered a covered loss at the above described property, to wit: Tropical Storm Eta, causing sudden and
immediate physical damage to the insured property (hereinafter “the loss”).
6. Defendant assigned claim number HP212940 to the loss.
7. Under the terms of the Policy, Defendant is liable to Plaintiffs for the total amount (within
policy limits) of the loss, less any applicable deductible.
8. As a result of this incident, the Plaintiffs have suffered damage to the dwelling on the
subject property.
9. The Plaintiffs have furnished the Defendant with timely notice of the loss, proof of claim
and have otherwise performed all conditions precedent to recover under the policy and under the
applicable Florida Statutes, but the Defendant has failed to pay the full value of Plaintiffs’ claim.
10. That the Defendant’s failure to pay the full value of the claim was contrary to the terms of
the policy and/or Florida law and was a breach of said contract of insurance.
11. The Plaintiffs have been damaged by the Defendant’s breach of said contract of insurance
by having not been fully compensated for the damage sustained to the dwelling on the subject property,
and for the loss of use of the property.
12. That as a direct and proximate result of the Defendant’s refusal to pay the full value of
Plaintiffs’ claim, the Plaintiffs have been required to retain the services of the undersigned attorneys torepresent and protect the Plaintiffs’ interests and Plaintiffs have become obliged to pay them a reasonable
fee for their services in bringing this action.
13. In the event that the Plaintiffs prevail in this action, Plaintiffs are entitled to an award of
attomey’s fees and costs pursuant to Florida Statute Section 627.428 or other Florida law.
WHEREFORE, the Plaintiffs, LUIS A TRIBIN and CLAUDIA M TRIBIN, demand judgment
against the Defendant, HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY, for
damages including but not limited to damages to the dwelling, loss of use, interest allowed by law, and
reasonable attomeys’ fees and costs pursuant to Florida Statute Section 627.428 or other Florida law.
DEMAND FOR JURY TRIAL
The Plaintiffs further demand a trial by jury of all issues so triable as a matter of right.
Dated this 16" day of April 2021.
By:/s/ Robin A. Rios
ROBIN A. RIOS, ESQ.
FBN: 1004208
JESSE N. BERNHEIM, ESQ.
FBN: 525421
REBEKAH C. MOLASKY, ESQ.
FBN: 1024720
BERNHEIM KELLEY BATTISTA & BLISS, LLC
Attomeys for Plaintiffs
110 SE 6" St., Suite 1719
Ft. Lauderdale, FL 33301
Telephone: (954) 866-1111
Facsimile: (954) 252-4532
RRios@bkbblaw.com
PCService3@bkbblaw.com
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Case Number: CACE-21-007756 Division: 04 Filing # 125088349 E-Filed 04/16/2021 03:14:12 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA LUIS A TRIBIN and CLAUDIA M TRIBIN, CASE NO: Plaintiffs, v. HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. / COMPLAINT COME NOW the Plaintiffs, LUIS A TRIBIN and CLAUDIA M TRIBIN (hereinafter “Plaintiffs”), by and through the undersigned counsel, and hereby file this Complaint against the Defendant, HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY, (hereinafter “Defendant”), and as grounds therefore state as follows: 1. That this is an action for damages in excess of Thirty Thousand Dollars ($30,000.00) 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 the Defendant was an insurance company authorized to do business in the State of Florida and doing business in Broward County, Florida. 3. That at all times material hereto the Plaintiffs were and are residents of Broward County, Florida, and are otherwise swi juris. 4. That at all times material hereto, Plaintiffs and Defendant had a policy of insurance, Policy No. HOH198281 on Plaintiffs’ property located 11988 Glenmore Drive, Pompano Beach, Florida 33071 which afforded various types of coverage including coverage for damage to the dwelling, personal property, and for loss of use. Plaintiff is not in possession of a certified copy of the policy but believes *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 04/16/2021 03:14:08 PM.****one to be in possession of Defendant, and same has been requested to be produced by Defendant in response to discovery. COUNT I Plaintiffs re-adopt and re-allege Paragraphs 1 through 4 above, as if fully stated herein, and further allege as follows: 5. On or about November 8, 2020, while the Policy was in full force and effect, Plaintiffs suffered a covered loss at the above described property, to wit: Tropical Storm Eta, causing sudden and immediate physical damage to the insured property (hereinafter “the loss”). 6. Defendant assigned claim number HP212940 to the loss. 7. Under the terms of the Policy, Defendant is liable to Plaintiffs for the total amount (within policy limits) of the loss, less any applicable deductible. 8. As a result of this incident, the Plaintiffs have suffered damage to the dwelling on the subject property. 9. The Plaintiffs have furnished the Defendant with timely notice of the loss, proof of claim and have otherwise performed all conditions precedent to recover under the policy and under the applicable Florida Statutes, but the Defendant has failed to pay the full value of Plaintiffs’ claim. 10. That the Defendant’s failure to pay the full value of the claim was contrary to the terms of the policy and/or Florida law and was a breach of said contract of insurance. 11. The Plaintiffs have been damaged by the Defendant’s breach of said contract of insurance by having not been fully compensated for the damage sustained to the dwelling on the subject property, and for the loss of use of the property. 12. That as a direct and proximate result of the Defendant’s refusal to pay the full value of Plaintiffs’ claim, the Plaintiffs have been required to retain the services of the undersigned attorneys torepresent and protect the Plaintiffs’ interests and Plaintiffs have become obliged to pay them a reasonable fee for their services in bringing this action. 13. In the event that the Plaintiffs prevail in this action, Plaintiffs are entitled to an award of attomey’s fees and costs pursuant to Florida Statute Section 627.428 or other Florida law. WHEREFORE, the Plaintiffs, LUIS A TRIBIN and CLAUDIA M TRIBIN, demand judgment against the Defendant, HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY, for damages including but not limited to damages to the dwelling, loss of use, interest allowed by law, and reasonable attomeys’ fees and costs pursuant to Florida Statute Section 627.428 or other Florida law. DEMAND FOR JURY TRIAL The Plaintiffs further demand a trial by jury of all issues so triable as a matter of right. Dated this 16" day of April 2021. By:/s/ Robin A. Rios ROBIN A. RIOS, ESQ. FBN: 1004208 JESSE N. BERNHEIM, ESQ. FBN: 525421 REBEKAH C. MOLASKY, ESQ. FBN: 1024720 BERNHEIM KELLEY BATTISTA & BLISS, LLC Attomeys for Plaintiffs 110 SE 6" St., Suite 1719 Ft. Lauderdale, FL 33301 Telephone: (954) 866-1111 Facsimile: (954) 252-4532 RRios@bkbblaw.com PCService3@bkbblaw.com