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Filing # 127729371 E-Filed 05/28/2021 09:30:34 AM
05/27/21 IBRW- I
IN THE CIRCUIT COURT OF THE 17th
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CASE #:
ANNETTE BOWDEN, an individual, and
FRANKLIN BOWDEN, an individual,
Plaintiffs,
VS.
TOWER HILL PREFERRED INSURANCE
COMPANY, a Florida corporation,
Defendant.
COMPLAINT
Plaintiffs ANNETTE BOWDEN and FRANKLIN BOWDEN, by and through undersigned
counsel, sue the Defendant TOWER HILL PREFERRED INSURANCE COMPANY (the
"Insurance Company"), and allege:
1. This is an action for damages in excess of $30,000.00 exclusive of interest, costs
and attorney's fees.
2. At all times material, ANNETTE BOWDEN is a citizen and resident of Broward
County, Florida, and otherwise suijuris.
3 At all times material, FRANKLIN BOWDEN is a citizen and resident of Broward
County, Florida, and otherwise suijuris.
4. At all times material, the Insurance Company is a foreign company authorized and
registered to do business in the State of Florida.
5. Jurisdiction is vested in this Honorable Court pursuant to Article V, §5, Florida
Constitution and §26.012, Fla. Stat.
{00338311.DOCX; 1 }
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FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/28/2021 09:30:32 AM.****
Broward Circuit Court Case
Bowden vs. Tower Hill
Plaintiff's Complaint
Page 2 of 4
6. Venue is proper pursuant to §47.011, Fla. Stat.
7. All conditions precedent to the institution of this action occurred, or were
performed or waived.
FACTUAL BACKGROUND
8 At all material times, Plaintiffs entered into an insurance contract with the Insurance
Company bearing policy number 9002485439 (the "Policy") which provided property insurance
-th
for the Plaintiffs' property located at 6562 NW 16 Court, Margate, Florida, 33063 (the
"Property"). Plaintiffs are presently not in possession of a true and correct copy of the Policy but
believe Defendant is. However, a copy ofthe declarationis attached hereto and made a part hereof
,,
as EXHIBIT "A.
9- The Policy provided insurance coverage for the Property for a period covering the
date of loss in this matter.
10. On or about November 8,2020, Plaintiffs suffered substantiallosses to the Property
caused by a roof leak resulting from tropical storm force winds on or about November 8,2020.
11. The Policy provides insurance coverage for all ofthe losses, damages and expenses
that Plaintiffs suffered and incurred.
12. In accordance with the terms and conditions of the Policy, Plaintiffs gave the
Insurance Company prompt and timely notice of their claim.
13. The Insurance Company acknowledged Plaintiffs' claim and assigned it claim
number 3300362544.
14. To date, the Insurance Company breached the terms of the Policy by refusing to
cover or issue payment to Plaintiffs for the losses they suffered.
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Broward Circuit Court Case
Bowden vs. Tower Hill
Plaintiff's Complaint
Page 3 of 4
15. Plaintiffs have complied with all terms and conditions of the Policy and all
conditions precedent to the bringing ofthe instant action have been performed, waived or excused.
16. Plaintiffs hired undersigned counsel to represent them in this action and are
obligated to pay their attorneys a reasonablefee for their services.
17. Pursuant to Chapter 627.428, Florida Statutes, Plaintiffs are entitled to recover their
attorney's fees.
BREACH OF CONTRACT
18. Plaintiffs adopt and reallege paragraphs 1 through 14 above.
19. By failing to pay Plaintiffs for the covered losses that Plaintiffs sustained as
provided for in the Policy, the Insurance Company breached the Policy.
20. As a result of the Insurance Company's breach of the Policy, Plaintiffs have
suffered damages, exclusive of costs and fees, in excess of the jurisdictional limits of this Court.
WHEREFORE, Plaintiffs demand entry of a judgment in their favor and against the
Insurance Company for damages in excess of the jurisdictional limits of this Court, pre-judgment
and post-judgment interest, attorneys' fees, costs, and such other relief as the Court deems just and
proper.
DEMAND FOR JURY TRIAL
Plaintiff demands a trial by jury of all issues so triable as a matter of right.
NOTICE OF COMPLIANCE WITH FLORIDA RULE
OF JUDICIAL ADMINISTRATION2.516
PURSUANT TO Florida Rule of Judicial Administration 2.516 regarding electronic
service of documents, counsel hereby files with the Court the undersigned Firm's email addresses:
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Broward Circuit Court Case
Bowden vs. Tower Hill
Plaintiff's Complaint
Page 4 of 4
Bradley R. Weiss, Esq. Brad@BMWiawyers.net
Robert P. Gaines, Esq.
Laurie Fox, FRP
s,BmdUUR.Wem
Bradley R. Weiss, Esq., B.C.S.
Florida Bar No.. 0567469
Robert P Gaines, Esq.
Florida Bar No.. 1025187
BENSON, MUCCI & WEISS, P.L.
5561 North University Drive
Suite 102
Coral Springs FL 33067
954-323-1023
954-323-1013 Facsimile
{00338311.DOCX; 1 }
Hill Insurance.
8W- Fow,r
Post Office Box 147018
302 Gainesville, FL 32614-7018
FRANKLIN BOWDEN
6562 NW 16TH CT
MARGATE, FL 33063-2604
EXHIBIT "A"
1 of 8
Page
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EXHIBIT "A"
Page 2 of 8
JS ....'S
Tower rIiM
Insurance
FRANKLIN BOWDEN
6562 NW 16TH CT
MARGATE, FL 33063-2604
October 13, 2020
Dear FRANKLIN,
Enclosed is your Tower Hill Preferred policy amendment, effective October 9,2020, for your property
located at 6562 NW 16TH CT in MARGATE, FL.
Please be sure to review this amendment carefully, noting any changes to your coverages. We
recommend that you keep this letter and the enclosures with your insurance policy for your reference.
If this amendment affects your policy premium, the amount will be indicated on your enclosed
declarations page.
If you have questions about your policy coverage, please contact your insurance agent, Cato Pleus
Insurance, at (954) 344-0500 (Agency Code: FLS420).
HOW TO CONTACT TOWER HILL
THIG.com Register your account securely online at to:
. Access your Tower Hill policy documents
.
Report a claim and track its progress
.
Sign up to receive account alerts by email or text
.
Pay your bill online using your checking account, debit or credit card
, Go
green and save time by selecting our eDocs option to receive your
notificationsby email.
(800) 342-3407 Call our Customer Center to report a claim, for help with payment plan
options, or to make a payment by phone.
844.TOWER.11 If your home has a covered loss and you need emergency services such as
(844.869.3711) water extraction or roof tarping, contact our preferred contractor network
partner CastleCare 24/7.
Payments by Mail When paying your bill by mail, please use the payment coupon and envelope
included with your invoice.
. Please write the
policy number in the memo field of your check. If you are
sending a money order or cashier's check, include your name as listed on
your policy.
, Mail to: Tower Hill Insurance, PO Box 865001
Orlando, FL 32886-5001
Credit Card Due to a change in our processing company, credit card payments are now
Payments assessed a 2.75% processing fee.
We appreciate your business and assure you that our employees, in partnership with your insurance
agent, will work tirelessly to deserve the trust you have placed in us. To Protect Your Castle, Look to
the Tower.
EXHIBIT "A"
Tower Hill Insurance Group I PO Box 147018, Gainesville, FL 32614 I (800) 342-3407 I THIG.com Page 3 of 8
This page is intentionally left blank
EXHIBIT "A"
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Page 4 8
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km,
Tower Hilt Preferred
N'I Insurance Company
JIWA? P.O. Box 147018 Gainesville, FL 3266-7018
HOMEOWNERS POLICY NUMBER
DECLARATIONS 9002485439
Amended
THIS IS NOT A BILL
Change Effective:
Payment notice will be sent separately
10/09/2020
to: The Insured
Insured AGENCY FLS420
FRANKLIN BOWDEN Cato Pleus Insurance
ANNETTE BOWDEN 1281 NORTH UNIVERSITY DRIVE
6562 NW 16TH CT CORAL SPRINGS, FL 33071
MARGATE, FL 33063-2604
PHONE NUMBER: (954) 344-0500
POLICY PERIOD: 01/30/2020 to 01/30/2021. Each period begins and ends at 12:01 AM standard time at the insured location.
INSURED LOCATION: 6562 NW 16TH CT
MARGATE, FL 33063
Coverage is provided where a premium or limit is shown for the coverage.
SECTION I -
PROPERTY COVERAGE LIMIT SECTION Il -
LIABILITY COVERAGE LIMIT
COVERAGE A -
Dwelling $232,000 COVERAGE E -
Personal Liability $300,000
COVERAGE B -
Other Structures $4,640 Each Occurrence
COVERAGE C -
Personal Property $116,000 COVERAGE F -
Medical Payments to Others $2,000
COVERAGE D -
Loss of Use $23,200 Each Person
BREAKDOWN OF PREMIUM:
Charges Limit Premium
Section I and Il Premium $5,600.00
Age of Dwelling Surcharge $721.00
Age of Roof Surcharge $36.00
Catastrophic Ground Cover Collapse Coverage Incl
Limited Fungi, Wet or Dry Rot, or Bacteria Coverage (Each Loss / Aggregate) $10,000/$20,000 Incl
Coverage E Aggregate Sublimit $50,000
Loss Assessment Coverage $1,000 Incl
Ordinance or Law Coverage 25% Incl
Personal Property Replacement Cost without Holdback $549.00
Screened Enclosure Special Limitation (Total Limit) $10,000 Incl
Emergency Management Preparedness and Assistance Trust Fund (EMPAT) Fee $2.00
Managing General Agency (MGA) Fee $25.00
Credits Premium
Deductible Options -$342.00
Loss Free Credit -$251.00
Loss of Use Decreased Limit
-
-$30.00
Protective Devices Credit -$241.00
ResidentialWindstorm Loss Mitigation Devices Credit -$1,905.00
Sinkhole Exclusion -$45.00
Unscheduled Other Structures Decreased Limit
-
Incl
Total Policy Premium: $4,119.00
HO-DEC (08/18) EXHIBIT "A" Page: 1
Page 5 of 8
POLICY NUMBER
9002485439
DEDUCTIBLE (Section I Only):
The Calendar Year Hurricane Deductible is $4,640 (2% of Coverage A).
The All Other Perils Deductible is $2,500.
-
In case of loss under Section I, we cover only that part of the covered loss over the deductible stated, unless otherwise
stated in your policy.
Mortgagee Information: Mortgagee Information:
CC: CommunityLoan Servicing, LLC CC: FLAGSTAR BANK FSB
ITS SUCCESSORS AND/OR ASSIGNS ITS SUCCESSORS AND/OR ASSIGNS
PO BOX 5933 PO BOX 7025
TROY, MI 48007-5933 TROY, MI 48007-7025
Loan Id: 0001117972 Loan Id: FS004004585(Hl)
Important: Please notify your agent immediately if the mortgage company shown is incorrect.
BASIC RATING INFORMATION:
PROGRAM FORM CODE TERRITORY COUNTY CONSTRUCTION CONSTRUCTION
YEAR TYPE
NBRGFLHO HO-3 067 BROWARD 1969 Masonry
FIRE PROTECTION BUILDING CODE WIND PROTECTIVE
ROOF TYPE PROTECTIVE DEVICE
CLASS (BCEG) GRADE DEVICE
1 Gable Does Not Apply None Central Station Burglar Alarm
Central Station Fire Alarm
PREMIUM SUMMARY: Hurricane Premium: $1,698.00
Non-hurricane Premium: $2,421.00
Section Il Other Location(s):
NONE
APPLICABLEFORMS AND ENDORSEMENTS:
RHO 1002 (04/08), HO 00 03 (04/91), HO 04 16 (04/91 ), HO 04 96 (04/91), HP-0003-00 (03/19), HP-0075-00 (09/05),
HP-0076-00 (07/04), HP-0077-00 (07/04), HP-0087-00 (10/10), HP-0088-00 (07/04), HP-0091-00 (06/10), HP-0094-00
(09/07), HP-0351-00 (05/05), HP-0432-00 (09/16), HP-0435-00 (08/18), HP-0477-00 (01/09), HP-0490-00 (09/05), IL-0001
(11/01), IL-0010 (02/11), IL-0012 (09/05), IL-0301-00 (09/11), IL-0503-00 (09/16), IL-0506-00 (06/07), IL-CKLS (02/11),
IL-P-001 (01/04), IL-WMCA (04/11), Privacy Notice (05/13), THR-OHO3 (03/18)
NOTICES:
. Amended Declarations: Mortgagee information has changed
. This change did not affect the total premium.
. This policy does not include the peril of "Sinkhole Loss".
. This policy does not provide Flood coverage.
, This Declarations replaces all previously issued policy Declarations, if any. This Declarations together with your policy
and endorsements completesyour policy. Refer to your policy and endorsements for details regarding your coverages,
limits, and exclusions.
, To requestthe complete copy of your policy including all forms, endorsements,terms and conditions, please contact
our Customer Service Center at (800) 342-3407 between the hours of 8:00 am and 6:00 pm, Monday through Friday
(Eastern Time), excluding holidays.
HO-DEC (08/18) EXHIBIT "A" 2
Page:
Page 6 of 8
POLICY NUMBER
9002485439
THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR
HURRICANE LOSSES, WHICH MAY RESULT IN HIGH
OUT-OF-POCKET EXPENSES TO YOU.
LAW AND ORDINANCE: LAW AND ORDINANCE
COVERAGE IS AN IMPORTANT COVERAGE THAT YOU
MAY WISH TO PURCHASE. PLEASE DISCUSS WITH YOUR
INSURANCE AGENT.
FLOOD INSURANCE: YOU MAY ALSO NEED TO
CONSIDER THE PURCHASE OF FLOOD INSURANCE.
YOUR HOMEOWNER'S INSURANCE POLICY DOES NOT
INCLUDE COVERAGE FOR DAMAGE RESULTING FROM
FLOOD EVEN IF HURRICANE WINDS AND RAIN CAUSED
THE FLOOD TO OCCUR. WITHOUT SEPARATE FLOOD
INSURANCE COVERAGE, YOU MAY HAVE UNCOVERED
LOSSES CAUSED BY FLOOD. PLEASE DISCUSS THE
NEED TO PURCHASE SEPARATE FLOOD INSURANCE
COVERAGE WITH YOUR INSURANCE AGENT.
COUNTERSIGNATURE: /502-
Countersigned by Authorized Representative: Stephen E. Allnutt Prepared: 10/13/2020
AGENCY PHONE: (954) 344-0500
CUSTOMER SERVICE: (800) 342-3407
QUESTIONS: If you have questions about your insurance policy or coverages, please contact your agent.
If you have payment or billing questions, please call the CustomerService number or contact your
agent.
TO FILE A CLAIM: Tower Hill Claims Services, LLC PHONE: (800) 216-3711 (24 hours a day, 7 days a week)
PO Box 142230 FAX: (352) 332-7999
Gainesville, FL 32614-2230
FRAUD HOTLINE: (866) 265-6590 (Toll Free and Confidential)
HO-DEC (08/18) Page: 3
EXHIBIT "A"
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