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Filing # 127735420 E-Filed 05/28/2021 10:17:58 AM
IN THE CIRCUIT COURT OF THE SEVENTEENTHJUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
CIVIL DIVISION
CASE NO:
PETER SPYREDES,
Plaintiff.
VS.
FEDNAT INSURANCE COMPANY,
Defendant.
i
COMPLAINT
COMES NOW the Plaintiff, PETER SPYREDES,by and through its undersigned counsel,
and sues the Defendant, FEDNAT INSURANCE COMPANY, and would allege as follows:
GENERAL ALLEGATIONS
1. This is an action for damages greater than the sum of THIRTY THOUSAND
DOLLARS ($30,000.00), exclusive of interest, costs and attorney's fees, and otherwise within the
jurisdictionallimits of this Court.
2. At all times material hereto, Defendant, FEDNAT INSURANCE COMPANY, is a
Florida corporation authorized and doing business in BROWARD COUNTY, FLORIDA.
3. At all times material hereto, Plaintiff, PETER SPYREDES, owns property insured
by Defendant located at 3530 COCO LAKE DRIVE, COCONUT CREEK, FLORIDA, 33073,
BROWARD COUNTY, FLORIDA (the "Subject Property").
4. Venue is proper in BROWARD County, Florida pursuant to Florida Statute 47.011,
because the cause of action upon which these allegations are based accrued in BROWARD
County, Florida, and the property at issue is located in BROWARD County, Florida.
Page 1 of 4
***
FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/28/2021 10:17:55 AM.****
5. That Plaintiff was insured at the time of loss, on September 10, 2017, under
Defendant's insurance policy number FE-0000713382-01 (the "SubjectPolicy").
6. The Policy in question is in the sole and exclusive possession ofthe Defendant and
will be produced through Discovery. All terms of the Policy are incorporated herein.
7. Plaintiff paid all insurance premiums, performed all post loss conditions, and
performed all conditions precedent. In the alternative, all conditions precedent have been waived.
8 On or about September 10, 2017, Plaintiff suffered a loss due to Hurricane Irma
damage, a covered peril under the Subject Policy involving the Subject Property (the "Loss").
9- Defendant acknowledgedreceipt for the Loss as claim number HO0520304645
and assigned an insurance adjuster to adjust the Loss.
10. Plaintiff provided Defendant with a damage estimate for a covered loss.
11. Defendant was given timely notice of the loss and investigated the claim
including inspecting the property and estimating the damage and was not prejudiced in its
investigation.
12. Defendant rejected the total amount of damages and completely denied coverage.
COUNT I -
BREACH OF CONTRACT
13. Plaintiffs reaver, readopt and reallege the allegations contained in Paragraphs 1
through 12 ofthis Complaint, and as a first cause of action, would further allege:
Page 2 of 4
14. That the policy provides coverage for direct physical loss to the Plaintiff' s
property due to Hurricane Irma damage mentioned herein.
15. That the Plaintiff sustained unpaid damages that is a covered loss under the
Defendant's policy of insurance.
16. That the Plaintiff demanded the Defendant honor its contractual obligation and
pay for the unpaid damages to the insured property.
17. That the Defendant's representativesent a letter to the Plaintiff denying coverage
of the claim.
18. That as a result of Defendant's breach of contract, Plaintiff sustained damage to
the insured property.
19. That Defendant refuses to honor its contractual obligations to be a protector of
Plaintiff's assets and pay for the covered loss.
20. That Plaintiffhasfurther had to retain the undersigned attorney and agreed to pay
him a reasonablefee for which the Defendant is liable under § 627.428.
21. Florida Statute 627.428(1) states:
Upon the renditionof a judgment or decree by any ofthe courts ofthis state against
an insurer and in favor of any named or omnibus insured or the named beneficiary
under a policy or contract executed by the insurer, the trial court or, in the event of
an appeal in which the insured or beneficiary prevails, the appellate court shall
adjudge or decree against the insurer and in favor of the insured or beneficiary a
reasonable sum as fees or compensation for the insured's or beneficiary's attorney
prosecuting the suit in which the recovery is had.
WHEREFORE, Plaintiff demands judgment against Defendant, plus costs, prejudgment
interest and attorney's fees pursuant to Florida Statute § 627.428.
DEMAND FOR JURY TRIAL
Plaintiff demands a trial by jury of all issues so triable.
Page 3 of 4
DESIGNATION OF E-MAIL ADDRESS PURSUANT TO RULE 2.516
Pursuant to Florida Rule of Judicial Administration 2.516, Plaintiff hereby files its notice
of designation of email address for the purpose of service of all documents required to be served
in this proceeding:
DATED this May 28, 2021.
Respectfully submitted,
THE PROPERTY ADVOCATES, P.A.
Attorney for Plaintiff
255 S. Orange Avenue, Suite 750
Orlando, Florida 32801
Telephone: (321) 234-3600
Facsimile: (321) 256-5367
Primary E-Service:
Secondary E-Service:
Email:
Email:
Email:
l,
GEORGE J. Zkf]KLER, ESQUIRE
FLORIDA BAR NO.: 1018291
DANIEL A. BRISBANE, ESQUIRE
FLORIDA BAR NO.: 1018877
GILBERT R. ARROYO, ESQUIRE
FLORIDA BAR NO.:1017888
Page 4 of 4
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Filing # 127735420 E-Filed 05/28/2021 10:17:58 AM IN THE CIRCUIT COURT OF THE SEVENTEENTHJUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CIVIL DIVISION CASE NO: PETER SPYREDES, Plaintiff. VS. FEDNAT INSURANCE COMPANY, Defendant. i COMPLAINT COMES NOW the Plaintiff, PETER SPYREDES,by and through its undersigned counsel, and sues the Defendant, FEDNAT INSURANCE COMPANY, and would allege as follows: GENERAL ALLEGATIONS 1. This is an action for damages greater than the sum of THIRTY THOUSAND DOLLARS ($30,000.00), exclusive of interest, costs and attorney's fees, and otherwise within the jurisdictionallimits of this Court. 2. At all times material hereto, Defendant, FEDNAT INSURANCE COMPANY, is a Florida corporation authorized and doing business in BROWARD COUNTY, FLORIDA. 3. At all times material hereto, Plaintiff, PETER SPYREDES, owns property insured by Defendant located at 3530 COCO LAKE DRIVE, COCONUT CREEK, FLORIDA, 33073, BROWARD COUNTY, FLORIDA (the "Subject Property"). 4. Venue is proper in BROWARD County, Florida pursuant to Florida Statute 47.011, because the cause of action upon which these allegations are based accrued in BROWARD County, Florida, and the property at issue is located in BROWARD County, Florida. Page 1 of 4 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/28/2021 10:17:55 AM.**** 5. That Plaintiff was insured at the time of loss, on September 10, 2017, under Defendant's insurance policy number FE-0000713382-01 (the "SubjectPolicy"). 6. The Policy in question is in the sole and exclusive possession ofthe Defendant and will be produced through Discovery. All terms of the Policy are incorporated herein. 7. Plaintiff paid all insurance premiums, performed all post loss conditions, and performed all conditions precedent. In the alternative, all conditions precedent have been waived. 8 On or about September 10, 2017, Plaintiff suffered a loss due to Hurricane Irma damage, a covered peril under the Subject Policy involving the Subject Property (the "Loss"). 9- Defendant acknowledgedreceipt for the Loss as claim number HO0520304645 and assigned an insurance adjuster to adjust the Loss. 10. Plaintiff provided Defendant with a damage estimate for a covered loss. 11. Defendant was given timely notice of the loss and investigated the claim including inspecting the property and estimating the damage and was not prejudiced in its investigation. 12. Defendant rejected the total amount of damages and completely denied coverage. COUNT I - BREACH OF CONTRACT 13. Plaintiffs reaver, readopt and reallege the allegations contained in Paragraphs 1 through 12 ofthis Complaint, and as a first cause of action, would further allege: Page 2 of 4 14. That the policy provides coverage for direct physical loss to the Plaintiff' s property due to Hurricane Irma damage mentioned herein. 15. That the Plaintiff sustained unpaid damages that is a covered loss under the Defendant's policy of insurance. 16. That the Plaintiff demanded the Defendant honor its contractual obligation and pay for the unpaid damages to the insured property. 17. That the Defendant's representativesent a letter to the Plaintiff denying coverage of the claim. 18. That as a result of Defendant's breach of contract, Plaintiff sustained damage to the insured property. 19. That Defendant refuses to honor its contractual obligations to be a protector of Plaintiff's assets and pay for the covered loss. 20. That Plaintiffhasfurther had to retain the undersigned attorney and agreed to pay him a reasonablefee for which the Defendant is liable under § 627.428. 21. Florida Statute 627.428(1) states: Upon the renditionof a judgment or decree by any ofthe courts ofthis state against an insurer and in favor of any named or omnibus insured or the named beneficiary under a policy or contract executed by the insurer, the trial court or, in the event of an appeal in which the insured or beneficiary prevails, the appellate court shall adjudge or decree against the insurer and in favor of the insured or beneficiary a reasonable sum as fees or compensation for the insured's or beneficiary's attorney prosecuting the suit in which the recovery is had. WHEREFORE, Plaintiff demands judgment against Defendant, plus costs, prejudgment interest and attorney's fees pursuant to Florida Statute § 627.428. DEMAND FOR JURY TRIAL Plaintiff demands a trial by jury of all issues so triable. Page 3 of 4 DESIGNATION OF E-MAIL ADDRESS PURSUANT TO RULE 2.516 Pursuant to Florida Rule of Judicial Administration 2.516, Plaintiff hereby files its notice of designation of email address for the purpose of service of all documents required to be served in this proceeding: DATED this May 28, 2021. Respectfully submitted, THE PROPERTY ADVOCATES, P.A. Attorney for Plaintiff 255 S. Orange Avenue, Suite 750 Orlando, Florida 32801 Telephone: (321) 234-3600 Facsimile: (321) 256-5367 Primary E-Service: Secondary E-Service: Email: Email: Email: l, GEORGE J. Zkf]KLER, ESQUIRE FLORIDA BAR NO.: 1018291 DANIEL A. BRISBANE, ESQUIRE FLORIDA BAR NO.: 1018877 GILBERT R. ARROYO, ESQUIRE FLORIDA BAR NO.:1017888 Page 4 of 4