On August 05, 2021 a
Complaint,Petition
was filed
involving a dispute between
Clauss, Gordon,
Laseur, Lois,
and
Heritage Property & Casualty Insurance Company,
for INSURANCE CLAIM
in the District Court of Bay County.
Preview
Filing # 132139380 E-Filed 08/05/2021 04:36:26 PM
IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT
IN AND FOR BAY COUNTY, FLORIDA
LOIS LASEUR & GORDON CLAUSS, Civil Division
Plaintiffs, Case No. 21000982CA
vs.
HERITAGE PROPERTY & CASUALTY
INSURANCE COMPANY,
Defendant.
COMPLAINT FOR DAMAGES
Plaintiffs, LOIS LASEUR & GORDON CLAUSS (“Plaintiffs”), by and through
undersigned counsel, hereby sue Defendant HERITAGE PROPERTY & CASUALTY
INSURANCE COMPANY (hereinafter referred to as “Defendant”) and allege:
1. This is an action for damages in excess of $30,000.00 exclusive of interest, costs,
and attorneys’ fees so as to be within the jurisdiction of this Court.
2. At all material times, Plaintiffs were and are residents of BAY COUNTY, Florida.
3. At all material times, Defendant was and is an insurance company transacting
and/or doing business in the county of this Court.
4. At all material times, Defendant was and is authorized by the Department of
Financial Services to issue property insurance policies in the State of Florida.
5. At all material times and in consideration of premiums paid by Plaintiffs, there
was in full force and effect an insurance policy, that being policy number HPD017936
(hereinafter referred to as the “Policy”). Plaintiffs do not yet have a true and complete copy of
the Policy; however, Defendant does have a true and correct copy of the Policy. Plaintiffs
reserve the right to file a supplement to this Complaint, by filing with the Court a true and
correct copy of the Policy once Defendant provides the Policy in response to Plaintiff’s
discovery requests.
6. Pursuant to the Policy terms, Defendant insured Plaintiffs against certain losses to
Plaintiffs’ property located at 7815 Campflowers Rd, Youngstown, FL 32466 (hereinafter
referred to as the “Property”).7. On or about October 10, 2018, Plaintiffs suffered a loss to wit: wind and water
causing direct physical damage to covered property including the roof and damage caused by
water entering the property (the “Loss”).
8. The Loss occurred while the Policy was in full force and effect.
9. Defendant assigned claim number HP 190845 to the loss.
10. Pursuant to the terms of the Policy, Defendant is liable to Plaintiffs for the total
amount (within the Policy limits) of the loss, less any applicable deductible.
11. Defendant determined the Loss was a covered Loss.
12. The Defendant accepted liability for the Loss.
13. The Defendant made payment on the Loss.
14. Defendant underpaid Plaintiffs for the Loss.
15. Defendant has breached the insurance policy contract by refusing to pay the full
amount of insurance proceeds due to Plaintiffs as a result of the loss.
16. Asa direct and proximate result of the afore-described breach of the insurance
policy contract, Plaintiffs sustained damages for which Plaintiffs are entitled to be indemnified
against (under the Policy) and which were payable to or on behalf of Plaintiffs in connection
with the Loss to Plaintiffs’ Property.
17. All conditions precedent have been met or otherwise waived.
Plaintiffs have been obligated to engage the undersigned attorneys for the prosecution of this
action and are entitled to reasonable attorneys’ fees and costs pursuant to Fla. Stat. §627.428.
WHEREFORE Plaintiffs request this Honorable Court to enter judgment against
Defendant for breach of the insurance contract; to award Plaintiffs damages; to award Plaintiffs
costs and reasonable attorneys’ fees, pursuant to Fla. Stat. §627.428 plus statutory interest,
pursuant to Fla Stat. § 627.70131(5)(a); to award Plaintiffs court costs; and to order such other
and further relief as this Court deems just and proper.
PLAINTIFFS DEMAND A TRIAL BY JURY OF ALL ISSUES TRIABLE AS A MATTER OF
RIGHT BY A JURY.
Respectfully Submitted,
18.
Escobar & DeCarlo, LLCCounsel for Plaintiffs
1341 SW Ist St.
Miami, Florida 33135
Tel. (305) 324-9823
Fax (888) 551-2980
Email: eservice@edclaw.com
BY:/s/ Saul Escobar, Esq.
Florida Bar No. 100914
escobar@edclaw.com
BY: /s/ Gioia DeCarlo, Esq.
Florida Bar No. 146500
decarlo@edclaw.com
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing is to be served
upon the Florida Department of Financial Services as statutory registered agent for the
Defendant.
Escobar & DeCarlo, LLC
Counsel for Plaintiffs
1341 SW Ist St.
Miami, Florida 33135
Tel. (305) 324-9823
Fax (888) 551-2980
Email: eservice@edclaw.com
BY:/s/ Saul Escobar, Esq.
Florida Bar No. 100914
escobar@edclaw.com
BY: /s/ Gioia DeCarlo, Esq.
Florida Bar No. 146500
decarlo@edclaw.com
Document Filed Date
August 05, 2021
Case Filing Date
August 05, 2021
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Filing # 132139380 E-Filed 08/05/2021 04:36:26 PM IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT IN AND FOR BAY COUNTY, FLORIDA LOIS LASEUR & GORDON CLAUSS, Civil Division Plaintiffs, Case No. 21000982CA vs. HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. COMPLAINT FOR DAMAGES Plaintiffs, LOIS LASEUR & GORDON CLAUSS (“Plaintiffs”), by and through undersigned counsel, hereby sue Defendant HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY (hereinafter referred to as “Defendant”) and allege: 1. This is an action for damages in excess of $30,000.00 exclusive of interest, costs, and attorneys’ fees so as to be within the jurisdiction of this Court. 2. At all material times, Plaintiffs were and are residents of BAY COUNTY, Florida. 3. At all material times, Defendant was and is an insurance company transacting and/or doing business in the county of this Court. 4. At all material times, Defendant was and is authorized by the Department of Financial Services to issue property insurance policies in the State of Florida. 5. At all material times and in consideration of premiums paid by Plaintiffs, there was in full force and effect an insurance policy, that being policy number HPD017936 (hereinafter referred to as the “Policy”). Plaintiffs do not yet have a true and complete copy of the Policy; however, Defendant does have a true and correct copy of the Policy. Plaintiffs reserve the right to file a supplement to this Complaint, by filing with the Court a true and correct copy of the Policy once Defendant provides the Policy in response to Plaintiff’s discovery requests. 6. Pursuant to the Policy terms, Defendant insured Plaintiffs against certain losses to Plaintiffs’ property located at 7815 Campflowers Rd, Youngstown, FL 32466 (hereinafter referred to as the “Property”).7. On or about October 10, 2018, Plaintiffs suffered a loss to wit: wind and water causing direct physical damage to covered property including the roof and damage caused by water entering the property (the “Loss”). 8. The Loss occurred while the Policy was in full force and effect. 9. Defendant assigned claim number HP 190845 to the loss. 10. Pursuant to the terms of the Policy, Defendant is liable to Plaintiffs for the total amount (within the Policy limits) of the loss, less any applicable deductible. 11. Defendant determined the Loss was a covered Loss. 12. The Defendant accepted liability for the Loss. 13. The Defendant made payment on the Loss. 14. Defendant underpaid Plaintiffs for the Loss. 15. Defendant has breached the insurance policy contract by refusing to pay the full amount of insurance proceeds due to Plaintiffs as a result of the loss. 16. Asa direct and proximate result of the afore-described breach of the insurance policy contract, Plaintiffs sustained damages for which Plaintiffs are entitled to be indemnified against (under the Policy) and which were payable to or on behalf of Plaintiffs in connection with the Loss to Plaintiffs’ Property. 17. All conditions precedent have been met or otherwise waived. Plaintiffs have been obligated to engage the undersigned attorneys for the prosecution of this action and are entitled to reasonable attorneys’ fees and costs pursuant to Fla. Stat. §627.428. WHEREFORE Plaintiffs request this Honorable Court to enter judgment against Defendant for breach of the insurance contract; to award Plaintiffs damages; to award Plaintiffs costs and reasonable attorneys’ fees, pursuant to Fla. Stat. §627.428 plus statutory interest, pursuant to Fla Stat. § 627.70131(5)(a); to award Plaintiffs court costs; and to order such other and further relief as this Court deems just and proper. PLAINTIFFS DEMAND A TRIAL BY JURY OF ALL ISSUES TRIABLE AS A MATTER OF RIGHT BY A JURY. Respectfully Submitted, 18. Escobar & DeCarlo, LLCCounsel for Plaintiffs 1341 SW Ist St. Miami, Florida 33135 Tel. (305) 324-9823 Fax (888) 551-2980 Email: eservice@edclaw.com BY:/s/ Saul Escobar, Esq. Florida Bar No. 100914 escobar@edclaw.com BY: /s/ Gioia DeCarlo, Esq. Florida Bar No. 146500 decarlo@edclaw.com CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing is to be served upon the Florida Department of Financial Services as statutory registered agent for the Defendant. Escobar & DeCarlo, LLC Counsel for Plaintiffs 1341 SW Ist St. Miami, Florida 33135 Tel. (305) 324-9823 Fax (888) 551-2980 Email: eservice@edclaw.com BY:/s/ Saul Escobar, Esq. Florida Bar No. 100914 escobar@edclaw.com BY: /s/ Gioia DeCarlo, Esq. Florida Bar No. 146500 decarlo@edclaw.com