Preview
Filing # 127765274 E-Filed 05/28/2021 01:56:50 PM
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR
ELORS ETIENNE AND ADJANIE BROWARD COUNTY, FLORIDA
ETIENNE,
CASE NO.
Plaintiffs,
V
UNIVERSAL PROPERTY & CASUALTY
INSURANCE COMPANY,
Defendant.
i
COMPLAINT
Plaintiffs, ELORS ETIENNE AND ADJANIE ETIENNE , (the "Insured"), hereby sues
Defendant, UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, (the
"Insurance Company"), and alleges the following:
PARTIES, JURISDICTION& VENUE
1. This is an action for damages in an amount greater than Thirty Thousand Dollars
($30,000) and is therefore within the jurisdictional limits of this Court, exclusive of court costs,
attorney's fees and interest.
2. The Insured is an individual who at all times material hereto has resided in Broward,
Florida.
3. Venue is proper in Broward County, Florida because the facts and circumstances which
gave rise to the cause of action asserted herein involve witnesses who reside in Broward County,
Florida, including but not limited to, the public adjuster who represented the insured in the subject
insurance claim.
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***
FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/28/2021 01:56:46 PM.****
4. Venue is proper in Broward County, Florida because the Insurance Company, a domestic
corporation, is admitted to and does business in the entire State of Florida, including Broward
County Florida. The Insurance Company maintains its administrative offices, home offices,
mailing address, office ofpolicyholderrelations and the location ofits records in Broward County,
Florida. Furthermore, among other things, the Insurance Company collectsinsurance premiums in
Broward County, Florida, the Insurance Company underwritesthe risk for the insurance policies
it issues in Miami-Dade County Florida; and the insurance policy application is accepted by the
Insurance Company in Broward County, Florida.
5. All conditions precedent to obtaining benefits under the insurance policy at issue have been
complied with, met, or waived.
GENERAL ALLEGATIONS
6. At all times material hereto, in consideration of a premium paid by the Insured, there was
in full force and effect a certain homeowner's insurance policy issued by the Insurance company
with a policy number of 1501-1706-1940 (the "Policy").
7. The Policy was in place on the date of the loss at issue in the instant lawsuit.
8. Accordingly, under the terms of the Policy, the Insurance Company agreed to provide
insurance coverage to the Insured's property against certain losses. The damaged property is
located at: 330 NE 30TH COURT, POMPANO BEACH, FL (the "Property").
9. On or about, 11/8/2020, while the Policy was in full force and effect, the Property sustained
a covered loss as a result ofwater damage (the "Loss").
10. Upon informationand belief, the Loss is a covered peril under the Policy.
11. The Insurance Company acknowledged coverage for the Loss as claim number, FL20-
0152820-P420, and assigned an insurance adjuster to adjust the Loss.
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12. Accordingly, the Insurance Company allegedlyinspected the Property and later denied the
Insured's claim and denied any payment to them.
13. The Loss was timelyreported by the Insured to the Insurance Company.
14. To date, the Insurance Company has failed to provide coverage or payment to the Insured
for their losses stemming from the Loss as they are entitled to under the Policy.
15. The Insured has suffered and continues to suffer substantial hardship resulting from the
Insurance Company's breach of the Policy.
16. The Insured has been obligated to retain the undersigned attorneys for the prosecution of
the action and is entitled to reasonable attorney's fees pursuant to Florida Statute §627.428.
COUNTI
BREACH OF CONTRACT
The Insured reincorporatesparagraphs 1 through 16 as if fully set forth herein.
17. It is undisputed that the Insured and the Insurance Company entered into a written contract,
the Policy, wherein the Insured agreed to pay a premium and the Insurance Company agreed to
insure the Insured's Property.
18. The Insured has paid all premiums due and owing as contemplated by the Policy, thus,
performing the Insured's obligations under the Policy.
19. The Insurance Company failed and/or refused to properly investigate and/or evaluate the
nature and extent of the Insured's claim and/or damages.
20. Further, at all times material hereto, the Insured complied with all conditions precedent to
bring all causes of action alleged in this Complaint.
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21. Notwithstanding the foregoing, to date, the Insurance Company has failed to provide either
coverage or payment to the insured for their losses stemming from the Loss, as they are entitled to
under the Policy and thereby breached its contract of insurance.
22. As a direct and proximate result of the Insurance Company's breach of the Policy, the
Insured has sustained damages, lost benefits of the insured Property, and continues to suffer the
Loss.
23. As a direct and proximate result of the Insurance Company's breach of its insurance
contract, the Insured was required to hire the undersigned attorneys and has become obligated for
attorneys' fees and costs in connectionwith the prosecution ofthis action. Florida Statute §627.428
provides for the payment of attorneys' fees in the event of such needs.
24. Based on the foregoing, the Insured, respectfully requests this Court enter an Award of all
General compensatory damages to be determined in litigation or trial; Consequential damages;
Interest; Attorneys' fees and costs associated with the instant litigation; Costs incurred as a result
of the instant litigation; and any such other and further relief as this Court deems just and proper.
WHEREFORE, the Insured respectfully requests that this Court enter an Award of alt
a. General compensatory damages to be determined in litigation or trial;
b. Consequential damages;
c. Interest;
d. Attorneys' fees and costs associatedwith the instant litigation;
e. Costs incurred as a result of the instant litigation; and
f. Any such other relied as this Court deems just and proper.
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COUNT II
DECLARATORY RELIEF
The Insured reincorporatesparagraphs 1 through 16 as if fully set forth herein and further states:
25. This is an action for declaratoryreliefbrought pursuant to Florida Statute §86.011.
26. The Insured and the Defendant Insurance Company, by operation of law, have a valid,
binding, and enforceable contract of insurance bearing Policy No. 1501-1706-1940.
27. On or about, 11/8/2020, while the Policy was in full force and effect, the Insured's Property
sustained a covered loss as a result of water damage (the "Loss").
28. The Insurance Company denied all coverage for this loss.
29. The wrongful denial and other conduct ofthe Defendant Insurance Company has given rise
to the Insured's doubt about the extent ofrights under the Policy. As a result, the Insured remains
quite interested in her rights and obligationsunder the contract of insurance.
30. Among other bona fide disputes between the parties, the Insured seeks a declaration from
this Court of the validity of the terms of the insurance Policy, and the Insured's rights and
obligations under the Policy, including but not limited to construction of the following vague and
ambiguous terms, and an application ofthe facts ofthis case to the following specific provisions:
SECTION 1- PERILS INSURED AGAINST
We insure against risk of direct loss to property described in Coverages A and B only if
that loss is a physical loss to property.
31. As a necessary concurrent finding ofthe determination sough in paragraph 30, the Insured
also seeks a declaration from this Court that this "direct" and "physical loss" must be paid.
32. As an additional necessary concurrent finding of the determination sough in paragraph 30,
the Insured also seeks a declarationfrom this Court that the Defendant Insurance Company has no
valid defenses to the immediate payment of the covered claims under the Policy at issue.
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33. As an additional concurrent finding ofthe determination sough in paragraph 30, the Insured
also seeks a declarationfrom this Courtthat Defendanthas no valid defenses or immunities at law,
to the immediate payment of the covered claims.
34. The Insured is entitled to have this Honorable Court remove all doubts raised by the
Defendant Insurance Company concerning the validity and enforceability of its insurance Policy.
The Insured is entitled to a determination that there is a claim for damages. The Insured is entitled
to a determination that the insurance Policy, with the exception ofthe void provisions, is valid and
enforceable.
35. As a result of this dispute, it has become necessary that the Insured retain the services of
the undersigned attorney. The Insured is obligated to pay a reasonable fee for the undersigned
attorney's services in bring this action, plus costs. Should the Insured prevail, they shall be entitled
to interest from the date coverage should have been provided.
WHEREFORE, the Insured, respectfully requests this Court to:
i. Take jurisdiction of the subject matter and parties thereto;
ii. Order full disclosure of all documents and allow full and liberaldiscovery of all facts
that may lead to admissible evidence relevant to the determinationherein, including but
not limited to, production of the complete Policy of insurance and a complete copy of
all non-privileged informationin the possession of the Defendant Insurance Company
that would shed light on the issues involved herein;
iii. Determine applicable law, including the provisions of Florida Statutes that apply to the
Policy and to theparties;
iv. Declare each Policy provision not in conformity with Florida law be amended and
reformed to comply with Florida law;
v. Declare that any ambiguities in the statute or Policy be constructed in favor of the
Insured;
vi. Declare that the statutes andPolicy provisions be construed strictly and most strongly
against the Defendant, and liberally in favor ofthe Insured, so as to effect the dominant
purpose of indemnity or payment to the Insured.
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vii. Declare that the Policy of insurance covering the Insured provides coverage for the
claim submitted by the Insured, and that the losses detailed in this complaint are
"covered losses" that must be paid, and that there exists no defense in law or fact to the
payment of the covered losses;
viii. Declare that the Insured is entitled to a claim for attorneys' fees and costs against the
Defendant Insurance Company, and to determine the amount of such fees and costs to
be paid to the Insured;
ix. Determine and declare any other material matters pertaining to the respectiverights and
responsibilitiesunder the Policy, as needed to do complete justice in this case.
x. Further, the Insured, hereby requests a trial by jury on all issues so triable.
DEMAND FOR JURY TRIAL
Plaintiff demands trial by jury o f all issues eligible as a matter of right
Dated: May 28, 2021.
Respectfully submitted,
FELDMAN & LOPEZ, P.A.
9990 SW 77th Avenue
Miami, FL 33156
Phone: (305) 779-5904
By: /s/ Carolina Lopez
Carolina Lopez, Esq.
Florida Bar No. 1000488
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Preview
Filing # 127765274 E-Filed 05/28/2021 01:56:50 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR ELORS ETIENNE AND ADJANIE BROWARD COUNTY, FLORIDA ETIENNE, CASE NO. Plaintiffs, V UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. i COMPLAINT Plaintiffs, ELORS ETIENNE AND ADJANIE ETIENNE , (the "Insured"), hereby sues Defendant, UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, (the "Insurance Company"), and alleges the following: PARTIES, JURISDICTION& VENUE 1. This is an action for damages in an amount greater than Thirty Thousand Dollars ($30,000) and is therefore within the jurisdictional limits of this Court, exclusive of court costs, attorney's fees and interest. 2. The Insured is an individual who at all times material hereto has resided in Broward, Florida. 3. Venue is proper in Broward County, Florida because the facts and circumstances which gave rise to the cause of action asserted herein involve witnesses who reside in Broward County, Florida, including but not limited to, the public adjuster who represented the insured in the subject insurance claim. 1 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/28/2021 01:56:46 PM.**** 4. Venue is proper in Broward County, Florida because the Insurance Company, a domestic corporation, is admitted to and does business in the entire State of Florida, including Broward County Florida. The Insurance Company maintains its administrative offices, home offices, mailing address, office ofpolicyholderrelations and the location ofits records in Broward County, Florida. Furthermore, among other things, the Insurance Company collectsinsurance premiums in Broward County, Florida, the Insurance Company underwritesthe risk for the insurance policies it issues in Miami-Dade County Florida; and the insurance policy application is accepted by the Insurance Company in Broward County, Florida. 5. All conditions precedent to obtaining benefits under the insurance policy at issue have been complied with, met, or waived. GENERAL ALLEGATIONS 6. At all times material hereto, in consideration of a premium paid by the Insured, there was in full force and effect a certain homeowner's insurance policy issued by the Insurance company with a policy number of 1501-1706-1940 (the "Policy"). 7. The Policy was in place on the date of the loss at issue in the instant lawsuit. 8. Accordingly, under the terms of the Policy, the Insurance Company agreed to provide insurance coverage to the Insured's property against certain losses. The damaged property is located at: 330 NE 30TH COURT, POMPANO BEACH, FL (the "Property"). 9. On or about, 11/8/2020, while the Policy was in full force and effect, the Property sustained a covered loss as a result ofwater damage (the "Loss"). 10. Upon informationand belief, the Loss is a covered peril under the Policy. 11. The Insurance Company acknowledged coverage for the Loss as claim number, FL20- 0152820-P420, and assigned an insurance adjuster to adjust the Loss. 2 12. Accordingly, the Insurance Company allegedlyinspected the Property and later denied the Insured's claim and denied any payment to them. 13. The Loss was timelyreported by the Insured to the Insurance Company. 14. To date, the Insurance Company has failed to provide coverage or payment to the Insured for their losses stemming from the Loss as they are entitled to under the Policy. 15. The Insured has suffered and continues to suffer substantial hardship resulting from the Insurance Company's breach of the Policy. 16. The Insured has been obligated to retain the undersigned attorneys for the prosecution of the action and is entitled to reasonable attorney's fees pursuant to Florida Statute §627.428. COUNTI BREACH OF CONTRACT The Insured reincorporatesparagraphs 1 through 16 as if fully set forth herein. 17. It is undisputed that the Insured and the Insurance Company entered into a written contract, the Policy, wherein the Insured agreed to pay a premium and the Insurance Company agreed to insure the Insured's Property. 18. The Insured has paid all premiums due and owing as contemplated by the Policy, thus, performing the Insured's obligations under the Policy. 19. The Insurance Company failed and/or refused to properly investigate and/or evaluate the nature and extent of the Insured's claim and/or damages. 20. Further, at all times material hereto, the Insured complied with all conditions precedent to bring all causes of action alleged in this Complaint. 3 21. Notwithstanding the foregoing, to date, the Insurance Company has failed to provide either coverage or payment to the insured for their losses stemming from the Loss, as they are entitled to under the Policy and thereby breached its contract of insurance. 22. As a direct and proximate result of the Insurance Company's breach of the Policy, the Insured has sustained damages, lost benefits of the insured Property, and continues to suffer the Loss. 23. As a direct and proximate result of the Insurance Company's breach of its insurance contract, the Insured was required to hire the undersigned attorneys and has become obligated for attorneys' fees and costs in connectionwith the prosecution ofthis action. Florida Statute §627.428 provides for the payment of attorneys' fees in the event of such needs. 24. Based on the foregoing, the Insured, respectfully requests this Court enter an Award of all General compensatory damages to be determined in litigation or trial; Consequential damages; Interest; Attorneys' fees and costs associated with the instant litigation; Costs incurred as a result of the instant litigation; and any such other and further relief as this Court deems just and proper. WHEREFORE, the Insured respectfully requests that this Court enter an Award of alt a. General compensatory damages to be determined in litigation or trial; b. Consequential damages; c. Interest; d. Attorneys' fees and costs associatedwith the instant litigation; e. Costs incurred as a result of the instant litigation; and f. Any such other relied as this Court deems just and proper. 4 COUNT II DECLARATORY RELIEF The Insured reincorporatesparagraphs 1 through 16 as if fully set forth herein and further states: 25. This is an action for declaratoryreliefbrought pursuant to Florida Statute §86.011. 26. The Insured and the Defendant Insurance Company, by operation of law, have a valid, binding, and enforceable contract of insurance bearing Policy No. 1501-1706-1940. 27. On or about, 11/8/2020, while the Policy was in full force and effect, the Insured's Property sustained a covered loss as a result of water damage (the "Loss"). 28. The Insurance Company denied all coverage for this loss. 29. The wrongful denial and other conduct ofthe Defendant Insurance Company has given rise to the Insured's doubt about the extent ofrights under the Policy. As a result, the Insured remains quite interested in her rights and obligationsunder the contract of insurance. 30. Among other bona fide disputes between the parties, the Insured seeks a declaration from this Court of the validity of the terms of the insurance Policy, and the Insured's rights and obligations under the Policy, including but not limited to construction of the following vague and ambiguous terms, and an application ofthe facts ofthis case to the following specific provisions: SECTION 1- PERILS INSURED AGAINST We insure against risk of direct loss to property described in Coverages A and B only if that loss is a physical loss to property. 31. As a necessary concurrent finding ofthe determination sough in paragraph 30, the Insured also seeks a declaration from this Court that this "direct" and "physical loss" must be paid. 32. As an additional necessary concurrent finding of the determination sough in paragraph 30, the Insured also seeks a declarationfrom this Court that the Defendant Insurance Company has no valid defenses to the immediate payment of the covered claims under the Policy at issue. 5 33. As an additional concurrent finding ofthe determination sough in paragraph 30, the Insured also seeks a declarationfrom this Courtthat Defendanthas no valid defenses or immunities at law, to the immediate payment of the covered claims. 34. The Insured is entitled to have this Honorable Court remove all doubts raised by the Defendant Insurance Company concerning the validity and enforceability of its insurance Policy. The Insured is entitled to a determination that there is a claim for damages. The Insured is entitled to a determination that the insurance Policy, with the exception ofthe void provisions, is valid and enforceable. 35. As a result of this dispute, it has become necessary that the Insured retain the services of the undersigned attorney. The Insured is obligated to pay a reasonable fee for the undersigned attorney's services in bring this action, plus costs. Should the Insured prevail, they shall be entitled to interest from the date coverage should have been provided. WHEREFORE, the Insured, respectfully requests this Court to: i. Take jurisdiction of the subject matter and parties thereto; ii. Order full disclosure of all documents and allow full and liberaldiscovery of all facts that may lead to admissible evidence relevant to the determinationherein, including but not limited to, production of the complete Policy of insurance and a complete copy of all non-privileged informationin the possession of the Defendant Insurance Company that would shed light on the issues involved herein; iii. Determine applicable law, including the provisions of Florida Statutes that apply to the Policy and to theparties; iv. Declare each Policy provision not in conformity with Florida law be amended and reformed to comply with Florida law; v. Declare that any ambiguities in the statute or Policy be constructed in favor of the Insured; vi. Declare that the statutes andPolicy provisions be construed strictly and most strongly against the Defendant, and liberally in favor ofthe Insured, so as to effect the dominant purpose of indemnity or payment to the Insured. 6 vii. Declare that the Policy of insurance covering the Insured provides coverage for the claim submitted by the Insured, and that the losses detailed in this complaint are "covered losses" that must be paid, and that there exists no defense in law or fact to the payment of the covered losses; viii. Declare that the Insured is entitled to a claim for attorneys' fees and costs against the Defendant Insurance Company, and to determine the amount of such fees and costs to be paid to the Insured; ix. Determine and declare any other material matters pertaining to the respectiverights and responsibilitiesunder the Policy, as needed to do complete justice in this case. x. Further, the Insured, hereby requests a trial by jury on all issues so triable. DEMAND FOR JURY TRIAL Plaintiff demands trial by jury o f all issues eligible as a matter of right Dated: May 28, 2021. Respectfully submitted, FELDMAN & LOPEZ, P.A. 9990 SW 77th Avenue Miami, FL 33156 Phone: (305) 779-5904 By: /s/ Carolina Lopez Carolina Lopez, Esq. Florida Bar No. 1000488 7