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Case Number: CACE-21-009224 Division: 02
Filing # 126274745 E-Filed 05/06/2021 09:37:31 AM
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
ANDRELIE and PHANES JOISSAINT, CASE NO:
Plaintiffs,
vs.
CITIZENS PROPERTY INSURANCE
CORPORATION,
Defendant.
/
COMPLAINT
COMES NOW the Plaintiffs, ANDRELIE JOISSAINT and PHANES JOISSAINT, by
and through their undersigned counsel and hereby file this Complaint against the Defendant,
CITIZENS PROPERTY INSURANCE CORPORATION, and as grounds therefore states as
follows:
1 That this is an action for damages in excess of THIRTY THOUSAND DOLLARS
and NO CENTS ($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 the Plaintiffs owned property located in Broward
County, Florida, and is otherwise sui juris.
4 That at all times material hereto, Plaintiffs and Defendant had a policy of
insurance, Policy No. 00948903, on Plaintiffs’ property at 5360 NE 9" Terrace, Pompano Beach,
Florida, which afforded various types of coverages including coverage for damage to dwelling,
#** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/06/2021 09:37:28 AM.*#*#*
other structures, personal property, and for loss of use. Plaintiffs are not in possession of a copy
of the policy but believe one to be in possession of Defendant.
5 On or about May 24, 2020, the above described property was damaged as the
result of a windstorm resulting in damage to the insured property.
6. As a result of this incident, the Plaintiffs have suffered damage to the building on
the subject property, damage to contents, and loss of use of the property and possessions therein.
7 The Plaintiffs have furnished the Defendant with timely 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’s claims.
COUNT I— BREACH OF CONTRACT
Plaintiffs readopt and reallege Paragraphs 1 through 7 above as if fully stated herein, and
further alleges as follows:
8 That the Defendant’s denial of coverage and/or 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.
9 The Plaintiffs 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.
10. That as a direct and proximate result of the Defendant’s refusal to pay the
Plaintiffs’s claim, the Plaintiffs have been required to retain the services of the undersigned
attomeys to represent and protect the Plaintiffs’ interests and Plaintiffs has become obliged to
pay them a reasonable fee for their services in bringing this action.
11. In the event that the Plaintiffs prevail in this action, Plaintiffs are entitled to an
award of attorney fees and costs pursuant to Florida Statute Section 627.428 or other Florida law.
WHEREFORE, the Plaintiffs, PHANES JOISSAINT, demands judgment against the
Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, 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 or other Florida
law, and the Plaintiffs demand trial by jury of all issues triable as a matter of right by jury.
COUNT II
PETITION FOR DECLARATORY RELIEF
Plaintiffs reallege and readopt Paragraphs 1 through 7 as if fully set forth herein and sues
the Defendant for declaratory relief pursuant to Chapter 86 of the Florida Statutes and further
states as follows:
12. The above insurance policy between Plaintiffs and Defendant provides
comprehensive coverage for damages as a result of losses to property.
13. Pursuant to Chapter 86 of Florida Statutes, the Plaintiffs request this Court to take
jurisdiction over this action and determine the Plaintiffs’ rights under said policy.
14. The Plaintiffs furnished timely notice of a covered loss and otherwise performed
all conditions precedent to recover under the policy and under the applicable Florida Statutes.
15. Defendant refused and continues to refuse to pay the full amount of Plaintiffs’
claim.
16. The Plaintiffs believe, but are in doubt, that the Plaintiffs are entitled to full
coverage under said policy, including but not limited to, coverage for damage to the building on
the subject property, its contents, and its loss of use.
17. That as a direct and proximate result of the Defendant’s refusal to pay the
Plaintiffs’ claims, the Plaintiffs have been required to retain the services of the undersigned
attorneys to represent and protect the Plaintiffs’ interest and Plaintiffs have become obligated to
pay them a reasonable fee for their services in bringing this action.
18. Tn the event that the Plaintiffs prevail in this action, Plaintiffs are entitled to an
award of attorney fees and costs pursuant to Florida Statute Section 627.428 or other Florida law.
WHEREFORE, Plaintiffs hereby demand judgment against Defendant and the
following:
a. that the Court take jurisdiction over the parties and the subject matter of
this action;
b that the Court determine the rights and duties of the parties under said
insurance policy;
Cc. that this Court enter an Order determining that the subject policy was in
full force and effect at the time of the loss;
d that the Court enter an Order determining that the damages suffered by
Plaintiffs are not excluded under the policy insurance.
e. that the Court enter an Order determining that the Plaintiffs complied with
all requirements under the policy and is entitled to full coverage for all damages under said
policy, including but not limited to coverage for the full amount of loss including damage to the
building on the subject property, contents, and loss of use;
f. that the Court award the Plaintiffs attorney fees pursuant to Florida Statute
Section 627.428 or other Florida law, prejudgment interest, and costs; and
g. that the Court enter any other relief that it deems just and proper.
DEMAND FOR JURY TRIAL
The Plaintiffs further demand a trial by jury of all issues so triable as a matter of right.
Dated this 5" day of May, 2021.
By: //L. Dick Ducheine
L. DICK DUCHEINE
FBN: 54913
The Diener Firm, P.A.
8751 W. Broward Boulevard
Suite 404
Plantation, FL 33324
Telephone: (954) 541-2117
Facsimile: (954) 541-2195
Service: service@dienerfirm.com
Preview
Case Number: CACE-21-009224 Division: 02 Filing # 126274745 E-Filed 05/06/2021 09:37:31 AM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA ANDRELIE and PHANES JOISSAINT, CASE NO: Plaintiffs, vs. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. / COMPLAINT COMES NOW the Plaintiffs, ANDRELIE JOISSAINT and PHANES JOISSAINT, by and through their undersigned counsel and hereby file this Complaint against the Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, and as grounds therefore states as follows: 1 That this is an action for damages in excess of THIRTY THOUSAND DOLLARS and NO CENTS ($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 the Plaintiffs owned property located in Broward County, Florida, and is otherwise sui juris. 4 That at all times material hereto, Plaintiffs and Defendant had a policy of insurance, Policy No. 00948903, on Plaintiffs’ property at 5360 NE 9" Terrace, Pompano Beach, Florida, which afforded various types of coverages including coverage for damage to dwelling, #** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/06/2021 09:37:28 AM.*#*#* other structures, personal property, and for loss of use. Plaintiffs are not in possession of a copy of the policy but believe one to be in possession of Defendant. 5 On or about May 24, 2020, the above described property was damaged as the result of a windstorm resulting in damage to the insured property. 6. As a result of this incident, the Plaintiffs have suffered damage to the building on the subject property, damage to contents, and loss of use of the property and possessions therein. 7 The Plaintiffs have furnished the Defendant with timely 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’s claims. COUNT I— BREACH OF CONTRACT Plaintiffs readopt and reallege Paragraphs 1 through 7 above as if fully stated herein, and further alleges as follows: 8 That the Defendant’s denial of coverage and/or 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. 9 The Plaintiffs 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. 10. That as a direct and proximate result of the Defendant’s refusal to pay the Plaintiffs’s claim, the Plaintiffs have been required to retain the services of the undersigned attomeys to represent and protect the Plaintiffs’ interests and Plaintiffs has become obliged to pay them a reasonable fee for their services in bringing this action. 11. In the event that the Plaintiffs prevail in this action, Plaintiffs are entitled to an award of attorney fees and costs pursuant to Florida Statute Section 627.428 or other Florida law. WHEREFORE, the Plaintiffs, PHANES JOISSAINT, demands judgment against the Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, 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 or other Florida law, and the Plaintiffs demand trial by jury of all issues triable as a matter of right by jury. COUNT II PETITION FOR DECLARATORY RELIEF Plaintiffs reallege and readopt Paragraphs 1 through 7 as if fully set forth herein and sues the Defendant for declaratory relief pursuant to Chapter 86 of the Florida Statutes and further states as follows: 12. The above insurance policy between Plaintiffs and Defendant provides comprehensive coverage for damages as a result of losses to property. 13. Pursuant to Chapter 86 of Florida Statutes, the Plaintiffs request this Court to take jurisdiction over this action and determine the Plaintiffs’ rights under said policy. 14. The Plaintiffs furnished timely notice of a covered loss and otherwise performed all conditions precedent to recover under the policy and under the applicable Florida Statutes. 15. Defendant refused and continues to refuse to pay the full amount of Plaintiffs’ claim. 16. The Plaintiffs believe, but are in doubt, that the Plaintiffs are entitled to full coverage under said policy, including but not limited to, coverage for damage to the building on the subject property, its contents, and its loss of use. 17. That as a direct and proximate result of the Defendant’s refusal to pay the Plaintiffs’ claims, the Plaintiffs have been required to retain the services of the undersigned attorneys to represent and protect the Plaintiffs’ interest and Plaintiffs have become obligated to pay them a reasonable fee for their services in bringing this action. 18. Tn the event that the Plaintiffs prevail in this action, Plaintiffs are entitled to an award of attorney fees and costs pursuant to Florida Statute Section 627.428 or other Florida law. WHEREFORE, Plaintiffs hereby demand judgment against Defendant and the following: a. that the Court take jurisdiction over the parties and the subject matter of this action; b that the Court determine the rights and duties of the parties under said insurance policy; Cc. that this Court enter an Order determining that the subject policy was in full force and effect at the time of the loss; d that the Court enter an Order determining that the damages suffered by Plaintiffs are not excluded under the policy insurance. e. that the Court enter an Order determining that the Plaintiffs complied with all requirements under the policy and is entitled to full coverage for all damages under said policy, including but not limited to coverage for the full amount of loss including damage to the building on the subject property, contents, and loss of use; f. that the Court award the Plaintiffs attorney fees pursuant to Florida Statute Section 627.428 or other Florida law, prejudgment interest, and costs; and g. that the Court enter any other relief that it deems just and proper. DEMAND FOR JURY TRIAL The Plaintiffs further demand a trial by jury of all issues so triable as a matter of right. Dated this 5" day of May, 2021. By: //L. Dick Ducheine L. DICK DUCHEINE FBN: 54913 The Diener Firm, P.A. 8751 W. Broward Boulevard Suite 404 Plantation, FL 33324 Telephone: (954) 541-2117 Facsimile: (954) 541-2195 Service: service@dienerfirm.com