Preview
Filing # 133747515 E-Filed 08/31/2021 11:58:12 AM
IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
JERRY CANNIS and PEGGY CANNIS,
CASE NO.:
Plaintiffs,
V
UNIVERSAL PROPERTY AND
CASUALTY INSURANCE COMPANY,
Defendant.
I
COMPLAINT
Plaintiffs,JERRY CANNIS and PEGGY CANNIS (collectivelyreferred to hereafter as the
"Insured"), hereby sue Defendant, UNIVERSAL PROPERTY AND CASUALTY INSURANCE
COMPANY (the "Insurance Company"), and allege as follows:
PARTIES, JURISDICTIONAND VENUE
1. This is an action for damages that exceeds Thirty Thousand and 00/100 Dollars
($30,000.00), exclusive of interest, costs and attorney's fees and equitable relief by way of a
DeclaratoryJudgment Action.
2. The Insured are individualswho at all times material hereto have resided in Broward
County, Florida.
3. The Insurance Company is a Florida corporation qualified to do business in Floridaand
has, at all times material hereto, been conducting business in Broward County, Florida.
4. Venue is proper in Broward County, Florida because the contract, which forms the
subject matter o f this lawsuit, was executed in Broward County, Florida.
5. All conditions precedent to the filing ofthis lawsuithave occurred, have been waived or
have been performed.
***
FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 08/31/2021 11:58:08 AM.****
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 homeowners insurance policy issued by the Insurance
Company with apolicy numberof 1501-1600-3428 (the "Policy"). A true and correct copy ofpolicy
is attached hereto as Exhibit "A".
7. The damaged property is located at 4975 S.W. 92nd Terrace, Cooper City, FL, 33328
(the "Property").
8. Pursuant to the terms ofthe Policy, the Insurance Company agreed to provide insurance
coverage to the Insured's Property for all risks unless specifically excluded by the terms of the
Policy.
ith
9. On or about December 10 t 2020, while the Policy was in full force and effect, the
Property sustained a covered loss as a result of sudden and accidentalfailure of plumbing system
(the "Loss").
10. The Insurance Company assigned claim number FL21-0104442 to the Loss.
11. The Insurance Company acknowledged that the Property sustained a covered Loss
and offered payment.
12. However, after diligent inspection of the Loss, it was obvious that the Property
sustained covered damages greater than the damages acknowledgedby the Insurance Company.
13. As of the date of the filing of this lawsuit, the Insurance Company has failed to
acknowledge that additional payment would be forthcoming and it has failed to adequately provide
coverage under the terms ofthe Policy. As a result of the foregoing, the Insurance Company has
breachedthe Policy.
14. The Insured have suffered and continues to suffer damagesresulting from Insurance
Company's breach ofthe Policy.
15. The Insured have been obligated to retain the undersigned attorneys for the
prosecution ofthis action and are entitled to a reasonableattorney's fee pursuant to FloridaStatute
Sections 627.428 and/or 626.9373.
COUNTI
BREACH OF CONTRACT
16. The Insured reincorporateparagraphs 1 through 15 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 have paid all premiums due and owing as contemplated by the Policy;
thus, fully performing their obligations under the Policy.
19. The Insured's Property sustained damage which the Insurance Company agreed to
provide coverage for under the terms of the Policy.
20. The Insurance Companyhas failed to: (i) provide coverage for the Loss under the
terms ofthe Policy; and/or (ii) acknowledge that additional payment would be forthcoming; and/or
(iii) make adequate payment ofinsurance proceeds to the Insured. As a result ofthe foregoing,the
Insurance Company has breached the Policy.
21. As a direct and proximate result ofthe Insurance Company's breach ofthe Policy,
the Insured have sustained damages.
WHEREFORE, the Insured respectfully request that this Court entersjudgmentagainst the
Insurance Company for damages,plus interest, court costs and reasonable attorney's fees pursuant
to Sections 627.428 and/or 626.9373, Florida Statutes.
JURY TRIAL DEMAND
Plaintiffs hereby demands a trial by jury on all issues so triable.
St
Dated this 31? day ofAugust, 2021.
Respectfully Submitted,
Your Insurance Attorney, PLLC.
2601 South Bayshore Drive 18th Floor
Coconut Grove, FL 33133
Phone No.: 1-888-570-5677
Fax: 1-888-745-5677
Email:
Secondary Email:
-By.- /s? TNaximo j-. Santiago
MAximo A. Santiago, Esq.
Florida Bar No. 669733
Ariana Rubio Di Natale, Esq.
Florida Bar No. 1025882
Robert Ibarra, Esq.
Florida Bar No. 1003014
EXHIBIT"A"
UNIVERSAL EVOLUTION
PROPERTY
& CASCA[/'Y
INSURANCE COMPANY
OQ RISK ADVISORS
Certified Policy Request
Policy Number 1507-1600-3428
Named Insured JERRY CANNIS
Policy Term 05/09/2020 -
05/09/2021
To whom it may concern,
To the best of my knowledge, I believe this to be an accurate copy of the policy as of 05/09/2020.
Universal Property & Casualty Insurance Company does not intend, by this response nor any aspect of the claim
investigation, to waive any defenses, rights, including any right to rescind or cancel, or any terms or conditions of
the homeowners insurance policy.
Universal Property & Casualty Insurance Company expressly reserves all rights as stated in the homeowners
insurance policy and state statutes.
RJ,
Carlos Villasenor -
Underwriting Director
Authorized Representative
Universal Property & Casualty Insurance Company Dwelling
UNIVERSAL
Declaration Effective
do Evolution Risk Advisors, Inc. PROPERTY
& (ASUA].]YINSURANGF. (,MPANY
05/09/2020
1110 W. Commercial Blvd
Fort Lauderdale, FL 33309 Renewal Policy
Toll Free: 800-425-9113
Claims: 800-218-3206 Service: Contact your Agent Listed Below
Policy Number FROM Policy Period TO [MORTGAGEE BILLED] Agent Code
1507-1600-3428 05/09/2020 05/09/2021 12:01 AM Standard Time 9F48
Named Insured and Address Agent Name and Address
JERRY CANNIS Insurance Industries, Inc.
5037 SW 91 AVE 953 NE 125th Street
Cooper City, FL 33328 North Miami, FL 33161
(954) 696-3721 (305) 891-2808
Premium Summary
Basic Coverages Attached Endorsements Total Policy Premium
Premium Premium Assessments/ MGA (Including Assessments & Surcharges)
Surcharges Fees/Policy Fees
$4,053.00 ($1,028.00) $0.00 $27.00 $3,052.00
Location 001
Townhouse/ Number of Protection
Form Construction Year Rowhouse Families Occupied Class Territory BCEG
DP3 Masonry 1967 Y 1 Y 2 37 99
Protective Device Credits: Wind / Hail
Dwelling
ReplacementCost Home Fire Shutter Exclusion
County Updated Burglar Sprinkler
Broward Y Y None None N N N
We will provide the insurance described in this policy in return for the premium and compliance with all applicable provisions
of this policy. If we elect to continue this insurance, we will renew this policy if you pay the required renewal premium for each
successive policy period subject to our premiums, rules and forms then in effect. You must pay us prior to the end of the
current policy period or else this policy will expire.
This insurance applies to the Described Location, Coverage for which a Limit of Liability is shown and the Perils Insured
Against for which a Premium is stated.
COVERAGES LIMITS OF LIABILITY PERILS INSURED AGAINST PREMIUMS
A- Dwelling $147,277 Fire $153.00
B- Other Structure Extended Coverage $2,833.00
C- Personal Property $0 Vandalism or Malicious Mischief $0.00
D- Fair Rental Value (1/12 per month) Special Form
*
E- Additional Living Expenses (up to 25% per month) See Policy Provisions
NOTE: The portion of your premium for hurricane coverage is: $1,292.20
The portion of your premium for all other coverages is: $1,759.81
Coverages A through E are subject to a minimum 2.0% -
$2,946 hurricane deductible per calendar
year.
Coverages A through E are subject to $1,000 non-hurricane(non-sinkhole) deductible per loss.
DESCRIBED LOCATION -
The Described Location covered by this policy is at the above address unless otherwisestated:
4975 SW 92ND TER COOPER CITY, FL 33328
THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR
HUIUCANE LOSSES WHICH MAY RESULT IN HIGH OUT-
OF-POCKET EXPENSES TO YOU.
Flood coverage is not provided by Universal Property and Casualty Insurance Company and is not part of this policy.
Sfrl 9 6?
Countersignature Date Chief Executive Officer
UPCIC DP Dec 01 19 Printed Date: 3/16/2021 11:42:44 AM 1 of 2
Universal Property & Casualty Insurance Company
UNIVERSAL
Declaration Effective
do Evolution Risk Advisors, Inc. PROPERTY
& (ASUA].]YINSURANGF. (,MPANY
05/09/2020
1110 W. Commercial Blvd
Fort Lauderdale, FL 33309 Renewal Policy
Toll Free: 800-425-9113
Claims: 800-218-3206 Service: Contact your Agent Listed Below
Policy Number FROM Policy Period TO [MORTGAGEE BILLED] Agent Code
1507-1600-3428 05/09/2020 05/09/2021 12:01 AM Standard Time 9F48
Mortgagee / Additional Interest 01 Agent Name and Address
Nationstar Mortgage LLC, Its Successors Insurance Industries, Inc.
and/or Assigns 953 NE 125th Street
PO Box 7729 North Miami, FL 33161
Springfield, OH 45501 (305) 891-2808
658439120
Additional Interest
Interest 01 Interest 02 Interest 03
NationstarMortgage LLC, Its Successors
and/or Assigns
PO Box 7729
Springfield, OH 45501
658439120
Mortgagee
Policy Forms and Endorsements Applicable to this Policy
NUMBER EDITION DESCRIPTION LIMITS PREMIUMS
DP 00 03 07 88 Dwelling Program Special Form $4,053.00
UPCIC 25 01 98 (06-07) Hurricane Deductible
UPCIC 20 01 98 Windstorm Protective Devices ($1,067.00)
UPCIC 17 01 98 04-12 Special Provisions-
Florida
DP 04 61 07 88 Windstorm Exterior Paint or Waterproofing Endorsement
DL 25 09 06 94 -
R (06-07) Special ProvisionsEndorsement
DL 24 16 07 88 No Coverage for Home Day Care Business
DL 24 11 07 88 Personal Liability Endorsement Tenant Occupied
-
$100,000 $36.00
DL 24 01 07 88 Personal Liability
UPCIC 51 01 98 Outlineof Your DwellingPolicy
UPCIC 10 01 98 (06-07) Existing Damage Exclusion
Medical Payments To Others $2,000 $3.00
MGA Fee $25.00
Emergency Management Preparedness Assistance Trust Fund $2.00
YOUR POLICY PROVIDES COVERAGE FOR A CATASTROPHICGROUND COVER COLLAPSE
THAT RESULTS IN THE PROPERTY BEING CONDEMNED AND UNINHABITABLE. OTHERWISE,
YOUR POLICY DOES NOT PROVIDE COVERAGE FOR SINKHOLE LOSSES. YOU MAY
PURCHASE ADDITIONAL COVERAGE FOR SINKHOLE LOSSES FOR AN ADDITIONAL
PREMIUM.
This replaces all previously issued policy declarations, if any and is subject to all forms and endorsementsattached to this policy.
UPCIC DP Dec 01 19 Printed Date: 3/16/2021 11:42:44 AM 2 of 2
Dwelling Property 3
Special Form
Ed. 7-88
AGREEMENT
We will provide the insurance described in this policy in return for the premium and compliancewith all applica-
ble provisions of this policy.
DEFINITIONS
In this policy, "you" and "your" refer to the "named insured" shown in the Declarations and the spouse if a resi-
11 "
dent of the same household. "We,' us" and "our" refer to the Company providing this insurance.
COVERAGES
This insurance applies to the Described Location, COVERAGE C -
Personal Property
Coverages for which a Limit of Liability is shown and We cover personal property, usual to the occupancy
Perils Insured Against for which a Premium is stated. as a dwelling and owned or used by you or members
COVERAGE A -
Dwelling of your family residing with you while it is on the De-
scribed Location. At your request, we will cover per-
We cover:
sonal property owned by a guest or servant while the
1. the dwelling on the Described Location shown in
property is on the Described Location.
the Declarations, used principally for dwelling pur-
poses, including structures attached to the dwell-
Property Not Covered. We do not cover:
ing; 1. accounts, bank notes, bills, bullion, coins, cup
2. materials and supplies located on or next to the rency, deeds, evidences of debt, gold other than
goldware, letters of credit, manuscripts, medals,
Described Location used to construct, alter or re-
money, notes other than bank notes, passports,
pair the dwelling or other structures on the De-
scribed Location; and personal records, platinum, securities, silver other
than silverware, tickets and
stamps;
3. if not otherwise covered in this policy, building
2. animals, birds or fish;
equipment and outdoor equipment used for the
service of and located on the Described Location. 3. aircraft and parts. Aircraft means any contrivance
This coverage does not apply to land, including land
used or designed for flight, except model or hobby
aircraft not used or designed to carry people or
on which the dwelling is located.
cargo;
COVERAGE B -
Other Structures
4. motor vehicles or all other motorized land con-
We cover other structures on the Described Location,
veyances. This includes:
set apart from the dwelling by clear space. This in-
cludes structures connected to the dwelling by only a
a. their equipment and accessories; or
fence, utility line, or similar connection. b. any device or instrument for the transmitting,
This coverage does not apply to land, including land recording, receiving or reproduction of sound
or pictures which is operated by power from
on which the other structures are located.
the electrical system of motor vehicles or all
We do not cover other structures: other motorized land conveyances, including:
1. used in whole or in part for commercial, manufac- accessories
(1) or antennas; or
turing or farming purposes; or
(2) tapes, wires, records, discs or other media
2. rented or held for rental to any person not a tenant for use with any such device or instrument;
of the dwelling, unless used solely as a private ga-
while in or upon the vehicle or conveyance.
rage.
DP 00 03 07 88 Copyright, InsuranceServices Office, Inc., 1988, 1992 Page 1 of 9
We do cover vehicles or conveyances not subject Additional Living Expense, meaning any neces-
to motor vehicle registration which are: sary increase in living expenses incurred by you
so that your household can maintain its normal
a. used to service the Described Location; or
standard of living.
b. designed for assisting the handicapped;
Payment will be for the shortest time required to
5. watercraft, other than rowboats and canoes;
repair or replace the Described Location or, if you
6. data, including data stored in: permanently relocate, the shortest time required for
books of account, your household to settle elsewhere.
a. drawings or other paper
records; or If a civil authority prohibits you from use of the De-
scribed Location as a result of direct damage to a
b. electronic data processing tapes, wires, re-
cords, discs or other software media.
neighboring location by a Peril Insured Against in this
policy, we cover the Additional Living Expense loss
However, we do cover the cost of blank recording for no more than two weeks.
orstorage media, and of pre-recorded computer The periods of time referenced above are not limited
programs available on the retail market;
by the expiration of this policy.
7. credit cards or fund transfer cards.
We do not cover loss or expense due to cancellation
If you remove personal property from the Described of a lease or agreement.
Location to a newly acquired principal residence, the
OTHER COVERAGES
Coverage C limit of liability will apply at each resi-
dence for the 30 days immediately after you begin to 1. Other Structures. You may use up to 10% of the
move the property there. This time period will not Coverage A limit of liability for loss by a Peril I n-
extend beyond the termination of this policy. Our sured Against to other structures described in
liability is limited to the proportion of the limit of Iiabil- Coverage B.
ity that the value at each residence bears to the total Use of this coverage does not reduce the Cover-
value of all personal property covered by this policy.
age A limit of liability for the same loss.
COVERAGE D -
Fair Rental Value 2. Debris Removal. We will pay your reasonable
If a loss to
property described in Coverage A, B or C expense for the removal of:
by a Peril Insured Against under this policy makes a. debris of covered property if a Peril Insured
that part of the Described Location rented to others or the loss;
Against causes or
held for rental by you unfit for its normal use, we
b. ash, dust or particles from a volcanic eruption
cover its:
that has caused direct loss to a building or
Fair Rental Value, meaning the fair rental value
property contained in a building.
of that part of the Described Location rented to
Debris removal expense is included in the limit of
others or held for rental
by you less any expenses
that do not continue while that part of the De- liabilityapplying to the damaged property.
scribed Location rented or held for rental is not fit 3. Improvements, Alterations and Additions. If
to I ive in. you are a tenant of the Described Location, you
may use up to 10% of the Coverage C limit of I i-
Payment will be for the shortest time required to
repair or replace that part of the Described Location ability for loss by a Peril Insured Against to im-
rented or held for rental. provements, alterations and additions, made or
acquired at your expense, to that part of the De-
If a civil authority prohibits you from use of the De- scribed Location used only by you.
scribed Location as a result of direct damage to a
Use of this coverage does not reduce the Cover-
neighboring location by a Peril Insured Against in this
age C limit of liability for the same loss.
policy, we cover the Fair Rental Value loss for no
more than two weeks. 4. World-Wide Coverage. You may use up to 10%
of the Coverage C limit of liability for loss by a
The periods of time referenced above are not limited
Peril Insured Against to property covered under
by the expiration of this policy.
Coverage C except rowboats and canoes, while
We do not cover loss or expense due to cancellation
anywhere in the world.
of a lease or agreement.
Use of this coverage reduces the Coverage C
COVERAGE E -
Additional Living Expense limit of liability for the same loss.
If loss to property described in Coverage A, B or C
a
by Peril Insured Against under this policy makes the
a
Described Location unfit for its normal use, we cover
your:
Page 2 of 9 Copyright, InsuranceServices Office, Inc., 1988, 1992 DP 00 03 07 88
5. Rental Value and Additional Living Expense. 10. Collapse. We insure for risk of direct physical
You may use up to 10% of the Coverage A limit of loss to covered property involving collapse of a
liability for loss of both fair rental value as de- building or any part of a building caused only by
scribed in Coverage D and additional living ex- one or more of the following:
pense as described in Coverage E.
a. Perils Insured Against in Coverage C Per- -
Use of this coverage does not reduce the Cover- sonal Property. These perils apply to covered
age A limit of liability for the same loss. building and personal property for loss insured
6. Reasonable Repairs. In the event that covered by this Other Coverage;
property is damaged by an applicable Peril I n- b. hidden decay;
sured Against, we will pay the reasonable cost in-
c. hidden insect or vermin damage;
curred by you for necessary measures taken
d. weight of contents, equipment, animals or
solely to protect against further damage. If the
measures taken involve repair to other damaged people;
property, we will pay for those measures only if e. weight of rain which collects on a roof;
that property is covered under this policy and the
f. use of defective material methods in con-
or
damage to that property is caused by an applica- renovation if the col-
struction, remodeling or
ble Peril Insured Against.
Iapse occurs during the course of the construe-
This coverage: tion, remodeling or renovation.
a. does not increase the limit of liability that ap- Loss to awning, fence, patio, pavement,
an
plies to the covered property; swimming pool, underground pipe, flue, drain,
b. does not relieve you of your duties, in case of cesspool, septic tank, foundation, retaining wall,
a loss to covered property, as set forth in Con- bulkhead, pier, wharf or dock is not included under
dition 4.b. items b, c, d, e and f unless the loss is a direct re-
suit of the collapse of a building.
7. Property Removed. We insure covered property
against direct loss from any cause while being Collapse does not include settling, cracking,
removed from a premises endangered by a Peril shrinking, bulging or expansion.
Insured Against and for no more than 30 days This coverage does not increase the limit of Iiabil-
while removed. ity applying to the damaged covered property.
This coverage does not change the limit of liability 11.Glass or Safety Glazing Material. We cover:
that applies to the property being removed.
a. the breakage of glass or safety glazing mate-
8. Trees, Shrubs and Other Plants. We cover rial which is part of a covered building, storm
trees, shrubs, plants or Iawns, on the Described door or storm window; and
Location for loss caused by the following Perils In-
b. damage to covered property by glass or safety
sured Against: Fire or lightning, Explosion, Riot or
civil commotion, Aircraft, Vehicles not owned or
glazing material which is part of a building,
storm door or storm window.
operated by you or a resident of the Described
Location or Vandalism or malicious mischief, i n- This coverage does not include loss on the De-
scribed Location if the dwelling has been vacant
cluding damage during a burglary or attempted
burglary, but not theft of property. for more than 30 consecutive days immediately
before the loss. A dwelling being constructed is
The limit of liability for this coverage will not be
not considered vacant.
more than 5% of the Coverage A limit of liability,
or more than $500 for any one tree, shrub or Loss fordamage to glass will be settled on the ba-
sis ofreplacement with safety glazing materials
plant. We do not cover property grown for com-
mercial purposes. when required by ordinance or law.
This coverage is additional insurance. This coverage does not increase the limit of Iiabil-
9. Fire ity that applies to the damaged property.
Department Service Charge. We will pay up
to $500 for your liability assumed by contract or
agreement for fire department charges incurred
when the fire department is called to save or pro-
tect covered property from a Peril Insured
Against. We do not cover fire department service
charges if the property is located within the limits
of the city, municipality or protection district fur-
nishing the fire department response.
This coverage is additional insurance. No deducti-
ble applies to this coverage.
DP 00 03 07 88 Copyright, InsuranceServices Office, Inc., 1988, 1992 Page 3 of 9
PERILS INSURED AGAINST
COVERAGE A -
DWELLING and (4) smoke from agricultural smudging or indus-
COVERAGE B -
OTHER STRUCTURES trial operations;
We insure against risk of direct loss to property de- (5) discharge, dispersal, seepage, migration
scribed in Coverages A and B only if that loss is a release or escape of pollutants.
physical loss to property; however, we do not insure Pollutants means any solid, liquid, gaseous
loss: or thermal irritant or contaminant, including
1. involving collapse, other than as provided in Other smoke, vapor, soot, fumes, acids, alkalis,
Coverages 10; chemicals and waste. Waste includes ma-
terials to be recycled, reconditioned or re-
2. caused by:
claimed;
a. freezing of a plumbing, heating, air condition-
ing or automatic fire protective sprinkler sys- (6) settling, shrinking, bulging or expansion,
tem or of a household appliance, or by dis- including resultant cracking, of pavements,
charge, Ieakage or overflow from within the patios, foundations, walls, floors, roofs or
system or appliance caused by freezing. This ceilings; or
exclusion applies only while the dwelling is va- (7) birds, vermin, rodents, insects or domestic
cant, unoccupied or being constructed unless animals.
you have used reasonable care to: If any of these cause water damage not other-
(1) maintain heat in the building; or wise excluded, from a plumbing, heating, air
(2) shut off the water supply and drain the conditioning or automatic fire protective sprin-
kler system or household appliance, we cover
system and appliances of water;
loss caused by the water including the cost of
b. freezing, thawing, pressure or weight of water and replacing any part of a building
tearing out
or ice, whether driven by wind or not, to a:
necessary to repair the system or appliance.
(1) fence, pavement, patio or swimming pool; We do not cover loss to the system or appli-
ance from which this water escaped.
(2) foundation, retaining wall or bulkhead; or
3. excluded under General Exclusions.
(3) pier, wharf or dock;
Under items 1 and 2, any ensuing loss to property
c. theft of property not part of a covered building described in Coverages A and B not excluded or
or structure;
excepted in this policy is covered.
d. theft in or to a dwelling or structure under con-
COVERAGE C -
PERSONAL PROPERTY
struction;
We insure for direct physical loss to the property
e. wind, hail, ice, snow or sleet to:
described in Coverage C caused by a peril listed
(1) outdoor radio and television antennas and below unless the loss is excluded in the General
aerials including their lead-in wiring, masts Exclusions.
or towers; or
1. Fire or lightning.
(2) trees, shrubs, plants or Iawns; 2. Windstorm or hail.
f. vandalism and malicious mischief, theft or
This peril does not include loss to:
attempted theft if the dwelling has been vacant
for more than 30 consecutive days immedi- a. property contained in building caused by
Preview
Filing # 133747515 E-Filed 08/31/2021 11:58:12 AM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA JERRY CANNIS and PEGGY CANNIS, CASE NO.: Plaintiffs, V UNIVERSAL PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant. I COMPLAINT Plaintiffs,JERRY CANNIS and PEGGY CANNIS (collectivelyreferred to hereafter as the "Insured"), hereby sue Defendant, UNIVERSAL PROPERTY AND CASUALTY INSURANCE COMPANY (the "Insurance Company"), and allege as follows: PARTIES, JURISDICTIONAND VENUE 1. This is an action for damages that exceeds Thirty Thousand and 00/100 Dollars ($30,000.00), exclusive of interest, costs and attorney's fees and equitable relief by way of a DeclaratoryJudgment Action. 2. The Insured are individualswho at all times material hereto have resided in Broward County, Florida. 3. The Insurance Company is a Florida corporation qualified to do business in Floridaand has, at all times material hereto, been conducting business in Broward County, Florida. 4. Venue is proper in Broward County, Florida because the contract, which forms the subject matter o f this lawsuit, was executed in Broward County, Florida. 5. All conditions precedent to the filing ofthis lawsuithave occurred, have been waived or have been performed. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 08/31/2021 11:58:08 AM.**** 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 homeowners insurance policy issued by the Insurance Company with apolicy numberof 1501-1600-3428 (the "Policy"). A true and correct copy ofpolicy is attached hereto as Exhibit "A". 7. The damaged property is located at 4975 S.W. 92nd Terrace, Cooper City, FL, 33328 (the "Property"). 8. Pursuant to the terms ofthe Policy, the Insurance Company agreed to provide insurance coverage to the Insured's Property for all risks unless specifically excluded by the terms of the Policy. ith 9. On or about December 10 t 2020, while the Policy was in full force and effect, the Property sustained a covered loss as a result of sudden and accidentalfailure of plumbing system (the "Loss"). 10. The Insurance Company assigned claim number FL21-0104442 to the Loss. 11. The Insurance Company acknowledged that the Property sustained a covered Loss and offered payment. 12. However, after diligent inspection of the Loss, it was obvious that the Property sustained covered damages greater than the damages acknowledgedby the Insurance Company. 13. As of the date of the filing of this lawsuit, the Insurance Company has failed to acknowledge that additional payment would be forthcoming and it has failed to adequately provide coverage under the terms ofthe Policy. As a result of the foregoing, the Insurance Company has breachedthe Policy. 14. The Insured have suffered and continues to suffer damagesresulting from Insurance Company's breach ofthe Policy. 15. The Insured have been obligated to retain the undersigned attorneys for the prosecution ofthis action and are entitled to a reasonableattorney's fee pursuant to FloridaStatute Sections 627.428 and/or 626.9373. COUNTI BREACH OF CONTRACT 16. The Insured reincorporateparagraphs 1 through 15 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 have paid all premiums due and owing as contemplated by the Policy; thus, fully performing their obligations under the Policy. 19. The Insured's Property sustained damage which the Insurance Company agreed to provide coverage for under the terms of the Policy. 20. The Insurance Companyhas failed to: (i) provide coverage for the Loss under the terms ofthe Policy; and/or (ii) acknowledge that additional payment would be forthcoming; and/or (iii) make adequate payment ofinsurance proceeds to the Insured. As a result ofthe foregoing,the Insurance Company has breached the Policy. 21. As a direct and proximate result ofthe Insurance Company's breach ofthe Policy, the Insured have sustained damages. WHEREFORE, the Insured respectfully request that this Court entersjudgmentagainst the Insurance Company for damages,plus interest, court costs and reasonable attorney's fees pursuant to Sections 627.428 and/or 626.9373, Florida Statutes. JURY TRIAL DEMAND Plaintiffs hereby demands a trial by jury on all issues so triable. St Dated this 31? day ofAugust, 2021. Respectfully Submitted, Your Insurance Attorney, PLLC. 2601 South Bayshore Drive 18th Floor Coconut Grove, FL 33133 Phone No.: 1-888-570-5677 Fax: 1-888-745-5677 Email: Secondary Email: -By.- /s? TNaximo j-. Santiago MAximo A. Santiago, Esq. Florida Bar No. 669733 Ariana Rubio Di Natale, Esq. Florida Bar No. 1025882 Robert Ibarra, Esq. Florida Bar No. 1003014 EXHIBIT"A" UNIVERSAL EVOLUTION PROPERTY & CASCA[/'Y INSURANCE COMPANY OQ RISK ADVISORS Certified Policy Request Policy Number 1507-1600-3428 Named Insured JERRY CANNIS Policy Term 05/09/2020 - 05/09/2021 To whom it may concern, To the best of my knowledge, I believe this to be an accurate copy of the policy as of 05/09/2020. Universal Property & Casualty Insurance Company does not intend, by this response nor any aspect of the claim investigation, to waive any defenses, rights, including any right to rescind or cancel, or any terms or conditions of the homeowners insurance policy. Universal Property & Casualty Insurance Company expressly reserves all rights as stated in the homeowners insurance policy and state statutes. RJ, Carlos Villasenor - Underwriting Director Authorized Representative Universal Property & Casualty Insurance Company Dwelling UNIVERSAL Declaration Effective do Evolution Risk Advisors, Inc. PROPERTY & (ASUA].]YINSURANGF. (,MPANY 05/09/2020 1110 W. Commercial Blvd Fort Lauderdale, FL 33309 Renewal Policy Toll Free: 800-425-9113 Claims: 800-218-3206 Service: Contact your Agent Listed Below Policy Number FROM Policy Period TO [MORTGAGEE BILLED] Agent Code 1507-1600-3428 05/09/2020 05/09/2021 12:01 AM Standard Time 9F48 Named Insured and Address Agent Name and Address JERRY CANNIS Insurance Industries, Inc. 5037 SW 91 AVE 953 NE 125th Street Cooper City, FL 33328 North Miami, FL 33161 (954) 696-3721 (305) 891-2808 Premium Summary Basic Coverages Attached Endorsements Total Policy Premium Premium Premium Assessments/ MGA (Including Assessments & Surcharges) Surcharges Fees/Policy Fees $4,053.00 ($1,028.00) $0.00 $27.00 $3,052.00 Location 001 Townhouse/ Number of Protection Form Construction Year Rowhouse Families Occupied Class Territory BCEG DP3 Masonry 1967 Y 1 Y 2 37 99 Protective Device Credits: Wind / Hail Dwelling ReplacementCost Home Fire Shutter Exclusion County Updated Burglar Sprinkler Broward Y Y None None N N N We will provide the insurance described in this policy in return for the premium and compliance with all applicable provisions of this policy. If we elect to continue this insurance, we will renew this policy if you pay the required renewal premium for each successive policy period subject to our premiums, rules and forms then in effect. You must pay us prior to the end of the current policy period or else this policy will expire. This insurance applies to the Described Location, Coverage for which a Limit of Liability is shown and the Perils Insured Against for which a Premium is stated. COVERAGES LIMITS OF LIABILITY PERILS INSURED AGAINST PREMIUMS A- Dwelling $147,277 Fire $153.00 B- Other Structure Extended Coverage $2,833.00 C- Personal Property $0 Vandalism or Malicious Mischief $0.00 D- Fair Rental Value (1/12 per month) Special Form * E- Additional Living Expenses (up to 25% per month) See Policy Provisions NOTE: The portion of your premium for hurricane coverage is: $1,292.20 The portion of your premium for all other coverages is: $1,759.81 Coverages A through E are subject to a minimum 2.0% - $2,946 hurricane deductible per calendar year. Coverages A through E are subject to $1,000 non-hurricane(non-sinkhole) deductible per loss. DESCRIBED LOCATION - The Described Location covered by this policy is at the above address unless otherwisestated: 4975 SW 92ND TER COOPER CITY, FL 33328 THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR HUIUCANE LOSSES WHICH MAY RESULT IN HIGH OUT- OF-POCKET EXPENSES TO YOU. Flood coverage is not provided by Universal Property and Casualty Insurance Company and is not part of this policy. Sfrl 9 6? Countersignature Date Chief Executive Officer UPCIC DP Dec 01 19 Printed Date: 3/16/2021 11:42:44 AM 1 of 2 Universal Property & Casualty Insurance Company UNIVERSAL Declaration Effective do Evolution Risk Advisors, Inc. PROPERTY & (ASUA].]YINSURANGF. (,MPANY 05/09/2020 1110 W. Commercial Blvd Fort Lauderdale, FL 33309 Renewal Policy Toll Free: 800-425-9113 Claims: 800-218-3206 Service: Contact your Agent Listed Below Policy Number FROM Policy Period TO [MORTGAGEE BILLED] Agent Code 1507-1600-3428 05/09/2020 05/09/2021 12:01 AM Standard Time 9F48 Mortgagee / Additional Interest 01 Agent Name and Address Nationstar Mortgage LLC, Its Successors Insurance Industries, Inc. and/or Assigns 953 NE 125th Street PO Box 7729 North Miami, FL 33161 Springfield, OH 45501 (305) 891-2808 658439120 Additional Interest Interest 01 Interest 02 Interest 03 NationstarMortgage LLC, Its Successors and/or Assigns PO Box 7729 Springfield, OH 45501 658439120 Mortgagee Policy Forms and Endorsements Applicable to this Policy NUMBER EDITION DESCRIPTION LIMITS PREMIUMS DP 00 03 07 88 Dwelling Program Special Form $4,053.00 UPCIC 25 01 98 (06-07) Hurricane Deductible UPCIC 20 01 98 Windstorm Protective Devices ($1,067.00) UPCIC 17 01 98 04-12 Special Provisions- Florida DP 04 61 07 88 Windstorm Exterior Paint or Waterproofing Endorsement DL 25 09 06 94 - R (06-07) Special ProvisionsEndorsement DL 24 16 07 88 No Coverage for Home Day Care Business DL 24 11 07 88 Personal Liability Endorsement Tenant Occupied - $100,000 $36.00 DL 24 01 07 88 Personal Liability UPCIC 51 01 98 Outlineof Your DwellingPolicy UPCIC 10 01 98 (06-07) Existing Damage Exclusion Medical Payments To Others $2,000 $3.00 MGA Fee $25.00 Emergency Management Preparedness Assistance Trust Fund $2.00 YOUR POLICY PROVIDES COVERAGE FOR A CATASTROPHICGROUND COVER COLLAPSE THAT RESULTS IN THE PROPERTY BEING CONDEMNED AND UNINHABITABLE. OTHERWISE, YOUR POLICY DOES NOT PROVIDE COVERAGE FOR SINKHOLE LOSSES. YOU MAY PURCHASE ADDITIONAL COVERAGE FOR SINKHOLE LOSSES FOR AN ADDITIONAL PREMIUM. This replaces all previously issued policy declarations, if any and is subject to all forms and endorsementsattached to this policy. UPCIC DP Dec 01 19 Printed Date: 3/16/2021 11:42:44 AM 2 of 2 Dwelling Property 3 Special Form Ed. 7-88 AGREEMENT We will provide the insurance described in this policy in return for the premium and compliancewith all applica- ble provisions of this policy. DEFINITIONS In this policy, "you" and "your" refer to the "named insured" shown in the Declarations and the spouse if a resi- 11 " dent of the same household. "We,' us" and "our" refer to the Company providing this insurance. COVERAGES This insurance applies to the Described Location, COVERAGE C - Personal Property Coverages for which a Limit of Liability is shown and We cover personal property, usual to the occupancy Perils Insured Against for which a Premium is stated. as a dwelling and owned or used by you or members COVERAGE A - Dwelling of your family residing with you while it is on the De- scribed Location. At your request, we will cover per- We cover: sonal property owned by a guest or servant while the 1. the dwelling on the Described Location shown in property is on the Described Location. the Declarations, used principally for dwelling pur- poses, including structures attached to the dwell- Property Not Covered. We do not cover: ing; 1. accounts, bank notes, bills, bullion, coins, cup 2. materials and supplies located on or next to the rency, deeds, evidences of debt, gold other than goldware, letters of credit, manuscripts, medals, Described Location used to construct, alter or re- money, notes other than bank notes, passports, pair the dwelling or other structures on the De- scribed Location; and personal records, platinum, securities, silver other than silverware, tickets and stamps; 3. if not otherwise covered in this policy, building 2. animals, birds or fish; equipment and outdoor equipment used for the service of and located on the Described Location. 3. aircraft and parts. Aircraft means any contrivance This coverage does not apply to land, including land used or designed for flight, except model or hobby aircraft not used or designed to carry people or on which the dwelling is located. cargo; COVERAGE B - Other Structures 4. motor vehicles or all other motorized land con- We cover other structures on the Described Location, veyances. This includes: set apart from the dwelling by clear space. This in- cludes structures connected to the dwelling by only a a. their equipment and accessories; or fence, utility line, or similar connection. b. any device or instrument for the transmitting, This coverage does not apply to land, including land recording, receiving or reproduction of sound or pictures which is operated by power from on which the other structures are located. the electrical system of motor vehicles or all We do not cover other structures: other motorized land conveyances, including: 1. used in whole or in part for commercial, manufac- accessories (1) or antennas; or turing or farming purposes; or (2) tapes, wires, records, discs or other media 2. rented or held for rental to any person not a tenant for use with any such device or instrument; of the dwelling, unless used solely as a private ga- while in or upon the vehicle or conveyance. rage. DP 00 03 07 88 Copyright, InsuranceServices Office, Inc., 1988, 1992 Page 1 of 9 We do cover vehicles or conveyances not subject Additional Living Expense, meaning any neces- to motor vehicle registration which are: sary increase in living expenses incurred by you so that your household can maintain its normal a. used to service the Described Location; or standard of living. b. designed for assisting the handicapped; Payment will be for the shortest time required to 5. watercraft, other than rowboats and canoes; repair or replace the Described Location or, if you 6. data, including data stored in: permanently relocate, the shortest time required for books of account, your household to settle elsewhere. a. drawings or other paper records; or If a civil authority prohibits you from use of the De- scribed Location as a result of direct damage to a b. electronic data processing tapes, wires, re- cords, discs or other software media. neighboring location by a Peril Insured Against in this policy, we cover the Additional Living Expense loss However, we do cover the cost of blank recording for no more than two weeks. orstorage media, and of pre-recorded computer The periods of time referenced above are not limited programs available on the retail market; by the expiration of this policy. 7. credit cards or fund transfer cards. We do not cover loss or expense due to cancellation If you remove personal property from the Described of a lease or agreement. Location to a newly acquired principal residence, the OTHER COVERAGES Coverage C limit of liability will apply at each resi- dence for the 30 days immediately after you begin to 1. Other Structures. You may use up to 10% of the move the property there. This time period will not Coverage A limit of liability for loss by a Peril I n- extend beyond the termination of this policy. Our sured Against to other structures described in liability is limited to the proportion of the limit of Iiabil- Coverage B. ity that the value at each residence bears to the total Use of this coverage does not reduce the Cover- value of all personal property covered by this policy. age A limit of liability for the same loss. COVERAGE D - Fair Rental Value 2. Debris Removal. We will pay your reasonable If a loss to property described in Coverage A, B or C expense for the removal of: by a Peril Insured Against under this policy makes a. debris of covered property if a Peril Insured that part of the Described Location rented to others or the loss; Against causes or held for rental by you unfit for its normal use, we b. ash, dust or particles from a volcanic eruption cover its: that has caused direct loss to a building or Fair Rental Value, meaning the fair rental value property contained in a building. of that part of the Described Location rented to Debris removal expense is included in the limit of others or held for rental by you less any expenses that do not continue while that part of the De- liabilityapplying to the damaged property. scribed Location rented or held for rental is not fit 3. Improvements, Alterations and Additions. If to I ive in. you are a tenant of the Described Location, you may use up to 10% of the Coverage C limit of I i- Payment will be for the shortest time required to repair or replace that part of the Described Location ability for loss by a Peril Insured Against to im- rented or held for rental. provements, alterations and additions, made or acquired at your expense, to that part of the De- If a civil authority prohibits you from use of the De- scribed Location used only by you. scribed Location as a result of direct damage to a Use of this coverage does not reduce the Cover- neighboring location by a Peril Insured Against in this age C limit of liability for the same loss. policy, we cover the Fair Rental Value loss for no more than two weeks. 4. World-Wide Coverage. You may use up to 10% of the Coverage C limit of liability for loss by a The periods of time referenced above are not limited Peril Insured Against to property covered under by the expiration of this policy. Coverage C except rowboats and canoes, while We do not cover loss or expense due to cancellation anywhere in the world. of a lease or agreement. Use of this coverage reduces the Coverage C COVERAGE E - Additional Living Expense limit of liability for the same loss. If loss to property described in Coverage A, B or C a by Peril Insured Against under this policy makes the a Described Location unfit for its normal use, we cover your: Page 2 of 9 Copyright, InsuranceServices Office, Inc., 1988, 1992 DP 00 03 07 88 5. Rental Value and Additional Living Expense. 10. Collapse. We insure for risk of direct physical You may use up to 10% of the Coverage A limit of loss to covered property involving collapse of a liability for loss of both fair rental value as de- building or any part of a building caused only by scribed in Coverage D and additional living ex- one or more of the following: pense as described in Coverage E. a. Perils Insured Against in Coverage C Per- - Use of this coverage does not reduce the Cover- sonal Property. These perils apply to covered age A limit of liability for the same loss. building and personal property for loss insured 6. Reasonable Repairs. In the event that covered by this Other Coverage; property is damaged by an applicable Peril I n- b. hidden decay; sured Against, we will pay the reasonable cost in- c. hidden insect or vermin damage; curred by you for necessary measures taken d. weight of contents, equipment, animals or solely to protect against further damage. If the measures taken involve repair to other damaged people; property, we will pay for those measures only if e. weight of rain which collects on a roof; that property is covered under this policy and the f. use of defective material methods in con- or damage to that property is caused by an applica- renovation if the col- struction, remodeling or ble Peril Insured Against. Iapse occurs during the course of the construe- This coverage: tion, remodeling or renovation. a. does not increase the limit of liability that ap- Loss to awning, fence, patio, pavement, an plies to the covered property; swimming pool, underground pipe, flue, drain, b. does not relieve you of your duties, in case of cesspool, septic tank, foundation, retaining wall, a loss to covered property, as set forth in Con- bulkhead, pier, wharf or dock is not included under dition 4.b. items b, c, d, e and f unless the loss is a direct re- suit of the collapse of a building. 7. Property Removed. We insure covered property against direct loss from any cause while being Collapse does not include settling, cracking, removed from a premises endangered by a Peril shrinking, bulging or expansion. Insured Against and for no more than 30 days This coverage does not increase the limit of Iiabil- while removed. ity applying to the damaged covered property. This coverage does not change the limit of liability 11.Glass or Safety Glazing Material. We cover: that applies to the property being removed. a. the breakage of glass or safety glazing mate- 8. Trees, Shrubs and Other Plants. We cover rial which is part of a covered building, storm trees, shrubs, plants or Iawns, on the Described door or storm window; and Location for loss caused by the following Perils In- b. damage to covered property by glass or safety sured Against: Fire or lightning, Explosion, Riot or civil commotion, Aircraft, Vehicles not owned or glazing material which is part of a building, storm door or storm window. operated by you or a resident of the Described Location or Vandalism or malicious mischief, i n- This coverage does not include loss on the De- scribed Location if the dwelling has been vacant cluding damage during a burglary or attempted burglary, but not theft of property. for more than 30 consecutive days immediately before the loss. A dwelling being constructed is The limit of liability for this coverage will not be not considered vacant. more than 5% of the Coverage A limit of liability, or more than $500 for any one tree, shrub or Loss fordamage to glass will be settled on the ba- sis ofreplacement with safety glazing materials plant. We do not cover property grown for com- mercial purposes. when required by ordinance or law. This coverage is additional insurance. This coverage does not increase the limit of Iiabil- 9. Fire ity that applies to the damaged property. Department Service Charge. We will pay up to $500 for your liability assumed by contract or agreement for fire department charges incurred when the fire department is called to save or pro- tect covered property from a Peril Insured Against. We do not cover fire department service charges if the property is located within the limits of the city, municipality or protection district fur- nishing the fire department response. This coverage is additional insurance. No deducti- ble applies to this coverage. DP 00 03 07 88 Copyright, InsuranceServices Office, Inc., 1988, 1992 Page 3 of 9 PERILS INSURED AGAINST COVERAGE A - DWELLING and (4) smoke from agricultural smudging or indus- COVERAGE B - OTHER STRUCTURES trial operations; We insure against risk of direct loss to property de- (5) discharge, dispersal, seepage, migration scribed in Coverages A and B only if that loss is a release or escape of pollutants. physical loss to property; however, we do not insure Pollutants means any solid, liquid, gaseous loss: or thermal irritant or contaminant, including 1. involving collapse, other than as provided in Other smoke, vapor, soot, fumes, acids, alkalis, Coverages 10; chemicals and waste. Waste includes ma- terials to be recycled, reconditioned or re- 2. caused by: claimed; a. freezing of a plumbing, heating, air condition- ing or automatic fire protective sprinkler sys- (6) settling, shrinking, bulging or expansion, tem or of a household appliance, or by dis- including resultant cracking, of pavements, charge, Ieakage or overflow from within the patios, foundations, walls, floors, roofs or system or appliance caused by freezing. This ceilings; or exclusion applies only while the dwelling is va- (7) birds, vermin, rodents, insects or domestic cant, unoccupied or being constructed unless animals. you have used reasonable care to: If any of these cause water damage not other- (1) maintain heat in the building; or wise excluded, from a plumbing, heating, air (2) shut off the water supply and drain the conditioning or automatic fire protective sprin- kler system or household appliance, we cover system and appliances of water; loss caused by the water including the cost of b. freezing, thawing, pressure or weight of water and replacing any part of a building tearing out or ice, whether driven by wind or not, to a: necessary to repair the system or appliance. (1) fence, pavement, patio or swimming pool; We do not cover loss to the system or appli- ance from which this water escaped. (2) foundation, retaining wall or bulkhead; or 3. excluded under General Exclusions. (3) pier, wharf or dock; Under items 1 and 2, any ensuing loss to property c. theft of property not part of a covered building described in Coverages A and B not excluded or or structure; excepted in this policy is covered. d. theft in or to a dwelling or structure under con- COVERAGE C - PERSONAL PROPERTY struction; We insure for direct physical loss to the property e. wind, hail, ice, snow or sleet to: described in Coverage C caused by a peril listed (1) outdoor radio and television antennas and below unless the loss is excluded in the General aerials including their lead-in wiring, masts Exclusions. or towers; or 1. Fire or lightning. (2) trees, shrubs, plants or Iawns; 2. Windstorm or hail. f. vandalism and malicious mischief, theft or This peril does not include loss to: attempted theft if the dwelling has been vacant for more than 30 consecutive days immedi- a. property contained in building caused by