arrow left
arrow right
  • Annette Bowden, et al Plaintiff vs. Tower Hill Preferred Insurance Company Defendant 3 document preview
  • Annette Bowden, et al Plaintiff vs. Tower Hill Preferred Insurance Company Defendant 3 document preview
  • Annette Bowden, et al Plaintiff vs. Tower Hill Preferred Insurance Company Defendant 3 document preview
  • Annette Bowden, et al Plaintiff vs. Tower Hill Preferred Insurance Company Defendant 3 document preview
  • Annette Bowden, et al Plaintiff vs. Tower Hill Preferred Insurance Company Defendant 3 document preview
  • Annette Bowden, et al Plaintiff vs. Tower Hill Preferred Insurance Company Defendant 3 document preview
  • Annette Bowden, et al Plaintiff vs. Tower Hill Preferred Insurance Company Defendant 3 document preview
  • Annette Bowden, et al Plaintiff vs. Tower Hill Preferred Insurance Company Defendant 3 document preview
						
                                

Preview

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 } *** 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. {00338311.DOCX; 1 } 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: {00338311.DOCX; 1 } 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 This page is intentionally left blank 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" of Page 4 8 f27 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" Page 7 o f 8 This page is intentionally left blank EXHIBIT "A" of Page 8 8