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Case Number: CACE-21-007804 Division: 12
Filing # 125098176 E-Filed 04/16/2021 04:21:36 PM
IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT,
IN AND FOR BROWARD COUNTY, FLORIDA
EDMONDE JACQUES,
Plaintiff,
v. CASE NO.:
AVATAR PROPERTY & CASUALTY
INSURANCE COMPANY,
Defendant.
/
COMPLAINT
COMES NOW the Plaintiff, EDMONDE JACQUES, by and through the undersigned
counsel and hereby files this Complaint against the Defendant, AVATAR PROPERTY &
CASUALTY INSURANCE COMPANY, and as grounds therefore states as follows:
1. That this is an action for damages in excess of THIRTY THOUSAND
DOLLARS ($30,000.00), exclusive of interest, attorney 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 Plaintiff was and is a resident of Broward
County, Florida, and is otherwise sui juris.
4. That at all times material hereto, Defendant issued a policy of insurance, Policy
No. AH30011957 on Plaintiff’s residence located at 1220 SW 71st Terr, North Lauderdale, FL
33068 (“Property”), which afforded various types of coverages including coverage for damage
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 04/16/2021 04:21:34 PM.****to dwelling, other structures, personal property, and for loss of use. A copy of the Policy is not
in Plaintiff's possession but is incorporated herein by reference.
5. On or about November 8, 2020, the Property was damaged as the result of a
Tropical Storm Eta.
6. Defendant was given notice of the loss and assigned Claim Number 20204525
(“Claim”).
7. Defendant inspected the Property and denied coverage for the claim.
8. As a result of this incident, Plaintiff has suffered damage to the building on the
subject property, damage to contents, and loss of use of the property and possessions therein.
9. Plaintiff has furnished the Defendant with notice of the loss, proof of claim and
has otherwise performed all conditions precedent to recover under the policy and under the
applicable Florida Statutes, but the Defendant has refused and continues to refuse to pay either
part or all of the Plaintiffs claims.
COUNT I— BREACH OF CONTRACT
Plaintiff readopts and realleges Paragraphs 1 through 9 above as if fully stated herein,
and further alleges as follows:
10. That the Defendant’s refusal to pay the full amount of the claim was contrary
to the terms of the policy and/or Florida law and was a breach of said contract of insurance.
ll. The Plaintiff has been damaged by the Defendant’s breach of said contract of
insurance by having not been compensated for the damage sustained to the building on the
subject property, damage to contents, and loss of use of the property and possessions taken
from therein.
12. That as a direct and proximate result of the Defendant’s refusal to pay the
Plaintiffs claim, the Plaintiff has been required to retain the services of the undersignedattorneys to represent and protect the Plaintiff's interests and Plaintiff has become obliged to
pay them a reasonable fee for their services in bringing this action.
13. In the event that the Plaintiff prevails in this action, Plaintiff is entitled to an
award of attorney fees and costs pursuant to Florida Statute Section 627.428, 626.9373 or other
Florida law.
WHEREFORE, the Plaintiff, EDMONDE JACQUES, demands judgment against the
Defendant, AVATAR PROPERTY & CASUALTY INSURANCE COMPANY, for damages
including but not limited to damage to the building, contents, loss of use, interest allowed by
law, and reasonable attorney fees and costs pursuant to Florida Statute Section 627.428,
626.9373 and/or any other Florida law, and the Plaintiff demands trial by jury of all issues
triable as a matter of right by jury.
Dated this 16th day of April 2021.
Respectfully Submitted,
By: — /s/ Aaron D. Silvers
AARON D. SILVERS, ESQ.
Florida Bar No: 104811
JEREMY T. SCHILLING, ESQ.
Florida Bar No: 0098111
Schilling & Silvers PLLC
1314 E. Las Olas Blvd., Unit #2191
Fort Lauderdale, FL 33301
T: 508-237-3256/215-932-8466
Email: asilvers@schillingsilvers.com
dariste@schillingsilvers.com
dadams@schillingsilvers.com
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Case Number: CACE-21-007804 Division: 12 Filing # 125098176 E-Filed 04/16/2021 04:21:36 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA EDMONDE JACQUES, Plaintiff, v. CASE NO.: AVATAR PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. / COMPLAINT COMES NOW the Plaintiff, EDMONDE JACQUES, by and through the undersigned counsel and hereby files this Complaint against the Defendant, AVATAR PROPERTY & CASUALTY INSURANCE COMPANY, and as grounds therefore states as follows: 1. That this is an action for damages in excess of THIRTY THOUSAND DOLLARS ($30,000.00), exclusive of interest, attorney 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 Plaintiff was and is a resident of Broward County, Florida, and is otherwise sui juris. 4. That at all times material hereto, Defendant issued a policy of insurance, Policy No. AH30011957 on Plaintiff’s residence located at 1220 SW 71st Terr, North Lauderdale, FL 33068 (“Property”), which afforded various types of coverages including coverage for damage *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 04/16/2021 04:21:34 PM.****to dwelling, other structures, personal property, and for loss of use. A copy of the Policy is not in Plaintiff's possession but is incorporated herein by reference. 5. On or about November 8, 2020, the Property was damaged as the result of a Tropical Storm Eta. 6. Defendant was given notice of the loss and assigned Claim Number 20204525 (“Claim”). 7. Defendant inspected the Property and denied coverage for the claim. 8. As a result of this incident, Plaintiff has suffered damage to the building on the subject property, damage to contents, and loss of use of the property and possessions therein. 9. Plaintiff has furnished the Defendant with notice of the loss, proof of claim and has otherwise performed all conditions precedent to recover under the policy and under the applicable Florida Statutes, but the Defendant has refused and continues to refuse to pay either part or all of the Plaintiffs claims. COUNT I— BREACH OF CONTRACT Plaintiff readopts and realleges Paragraphs 1 through 9 above as if fully stated herein, and further alleges as follows: 10. That the Defendant’s refusal to pay the full amount of the claim was contrary to the terms of the policy and/or Florida law and was a breach of said contract of insurance. ll. The Plaintiff has been damaged by the Defendant’s breach of said contract of insurance by having not been compensated for the damage sustained to the building on the subject property, damage to contents, and loss of use of the property and possessions taken from therein. 12. That as a direct and proximate result of the Defendant’s refusal to pay the Plaintiffs claim, the Plaintiff has been required to retain the services of the undersignedattorneys to represent and protect the Plaintiff's interests and Plaintiff has become obliged to pay them a reasonable fee for their services in bringing this action. 13. In the event that the Plaintiff prevails in this action, Plaintiff is entitled to an award of attorney fees and costs pursuant to Florida Statute Section 627.428, 626.9373 or other Florida law. WHEREFORE, the Plaintiff, EDMONDE JACQUES, demands judgment against the Defendant, AVATAR PROPERTY & CASUALTY INSURANCE COMPANY, for damages including but not limited to damage to the building, contents, loss of use, interest allowed by law, and reasonable attorney fees and costs pursuant to Florida Statute Section 627.428, 626.9373 and/or any other Florida law, and the Plaintiff demands trial by jury of all issues triable as a matter of right by jury. Dated this 16th day of April 2021. Respectfully Submitted, By: — /s/ Aaron D. Silvers AARON D. SILVERS, ESQ. Florida Bar No: 104811 JEREMY T. SCHILLING, ESQ. Florida Bar No: 0098111 Schilling & Silvers PLLC 1314 E. Las Olas Blvd., Unit #2191 Fort Lauderdale, FL 33301 T: 508-237-3256/215-932-8466 Email: asilvers@schillingsilvers.com dariste@schillingsilvers.com dadams@schillingsilvers.com