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Filing # 127194979 E-Filed 05/20/2021 11:42:19 AM
IN THE CIRCUIT COURT OF THE 15th JUDICIAL CIRCUIT IN AND FOR
PALM BEACH COUNTY, FLORIDA
NICOLE PURE,
Vv.
CASE NO.: 2021CA004480
Plaintiff,
ANDREW LUMA,
Defendant,
MOTION FOR LEAVE OF COURT TO FILE AMENDED COMPLAINT
COMES NOW, Plaintiff, NICOLE PURE, by and through the undersigned
counsel, and hereby files this MOTION FOR LEAVE OF COURT TO FILE
AMENDED COMPLAINT as follows:
1.
This is a automobile negligence case that occurred on or about April 6,
2021.
New information was just discovered that touch and concern this case.
The proposed Amended Complaint is attached hereto.
A motion for leave of court to amend complaint should be granted unless it
clearly appears that the amendment would prejudice the other party, the
privilege to amend has been abused, or the amendments would be futile,
none of which are present in the proposed amendment.
WHEREFORE, Plaintiff respectfully requests the Court enter an Order
GRANTING this motion, allowing the Plaintiff, NICOLE PURE, to file the attached
Amended Complaint.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a copy of the foregoing was furnished by E-
Service to all parties this 20" day of May, 2021.
'** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 05/20/2021 11:42:19 AM ***
IAN BRESSLER LAW P.A.
12161 Ken Adams Way #113
Wellington, FL 33414By:
P- 561-305-8257
F- 561-210-8925
Service: ian@ianbresslerlaw.com
/s/ lan Bressler
lan Bressler, Esq.
Florida Bar No.: 104905IN THE CIRCUIT COURT OF THE 15th JUDICIAL CIRCUIT IN AND FOR
PALM BEACH COUNTY, FLORIDA
NICOLE PURE,
CASE NO.: 2021CA004480
Plaintiff,
Vv.
GOVERNMENT EMPLOYEES
INSURANCE COMPANY,
Defendant.
AMENDED COMPLAINT
COMES NOW, Plaintiffs, NICOLE PURE (“PURE”), by and through the
undersigned counsel, hereby sues the Defendant GOVERNMENT EMPLOYEES
INSURANCE COMPANY (“GEICO”) as follows:
GENERAL ALLEGATIONS
1. This is an action for damages in excess of Thirty Thousand ($30,000.00)
Dollars and is within the jurisdiction of this Court.
2. That at all times material hereto the negligent acts were committed in Palm
Beach County, State of Florida and are otherwise sui juris.
3. GEICO is licensed to do business in Palm Beach County, Florida, and
regularly conducts business in Palm Beach County, Florida, and has a
substantial nexus to Palm Beach County, Florida.
FACTS
4. On or about May 26, 2020, PURE was operating her vehicle in a safe and
controlled manner when Andrew Luma hit her.
5. All pre-requisites to bringing this claim have been satisfied.
6. The subject contract for UM Insurance was entered into in Palm Beach
County, Florida.COUNT I - BREACH OF CONTRACT
7. PURE re-alleges paragraphs 1-6 as if fully set forth herein.
8. At all times hereto, Defendant, GEICO, is an automobile insurer of the
Plaintiff, PURE, and insures her with uninsured motorist coverage for this
accident. Attached as Exhibit A.
9. On or about May 26, 2020, Plaintiff, PURE, was seriously and permanently
injured in an automobile collision in Palm Beach County, Florida.
10.As a direct and proximate result of the conduct of the underinsured
motorist, Plaintiff, PURE, suffered bodily injury resulting in pain and
suffering, disability, disfigurement, and loss of capacity for the enjoyment
of life resulting in the loss of earnings, and the loss of ability to earn money
presently and subsequently, with the expense of hospitalization, medical
and/or nursing care and treatment and aggravation of a previously existing
condition. The losses are either permanent in nature or continuing and the
Plaintiff, PURE, will suffer losses in the future. All injuries are within a
reasonable degree of medical probability in the past and will continue to
experience in the future.
WHEREFORE, PURE, demands judgment against GEICO in an amount
in excess of Thirty Thousand ($30,000.00) Dollars, exclusive of interest and
costs, which she prays for in addition thereto.
DEMAND FOR JURY TRIAL
The Plaintiff in the above-styled cause hereby demand a trial by jury of all of
the issues triable by right.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a copy of the foregoing was furnished by E-Service to all parties this day of May, 2021.
By:
Respectfully Submitted,
IAN BRESSLER LAW P.A.
12161 Ken Adams Way #113
Wellington, FL 33414
P- 561-305-8257
F- 561-210-8925
ian@ianbresslerlaw.com
/s/ lan Bressler
lan Bressler, Esq.
Florida Bar No.: 104905EXHIBITA
STATEMENT OF INSURANCE DISCLOSURE
STATE OF FLORIDA
POLK COUNTY: ss
|, Tresa Green, Claims Manager of Government Employees Insurance Company, Incorporated
under the laws of the State of Maryland, do hereby certify that the attached is a true and correct
copy of policy contract number 4304116793, issued to Nicole Armsey effective 04/16/2020 thru
10/16/2020, afforded the following coverage:
Coverage for losses sustained by anyone other than an insured is limited to:
Bodily Injury ; $100,000.00 per person / $300,000.00 per
occurrence
Property Damage (Includes Loss of Use) $100,000.00
Coverage for losses sustained by an insured:
Uninsured Motorist Non-Stacked $50,000.00 per person / $100,000.00 per
occurrence
Personal Injury Protection $250 Deductible, applies to Named Insured and
Dependent Relatives
Additional Personal Injury Protection Not Applicable
Medical Payments Coverage Not Applicable
Collision $500.00 Deductible
Comprehensive $500.00 Deductible
Rental Reimbursement $1,500.00 Max Per Accident
Emergency Road Service Available
MBI Not Applicable
on the following vehicle: 2019 NISSAN MURANO, VIN 5N1AZ2MJOKN127115, during the above
policy period.
=—————=Number of Listed: Vehicles-—NotApplicable~=—- -— -—~———-- — ~~ - ~~
Policy and Coverage Defenses Known Are:
The vehicle involved was not listed on the policy at the time of the loss.
Additional Insurance Coverage: None Known To Government Employees Insurance Company At
This Time
Additional Insured(s) Under Section |, Liability Coverage: None Known At This Time
The attached Policy Declaration sheet was recreated based on records retained in our computer
data files. The amendments, endorsements, and policy contract are standard forms with
information particular to this policy. Attached is a specimen copy of the policy contract noted
above. These documents are true and correct to the best of my knowledge and belief. This
statement shall be amended immediately upon discovery of facts calling for an amendment.
Pursuant to Fla. Stat. 92.525(1)(c), under penalties of perjury, | declare that | have read the
foregoing Statement of Insurance Disclosure and that the facts stated in it are true.
Cc Claims Manager ;
Adjuster: Geranise Dorce
Claim Number: 047146357 0101 015
svrrare sols nsesna noone ent owetne
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Filing # 127194979 E-Filed 05/20/2021 11:42:19 AM IN THE CIRCUIT COURT OF THE 15th JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA NICOLE PURE, Vv. CASE NO.: 2021CA004480 Plaintiff, ANDREW LUMA, Defendant, MOTION FOR LEAVE OF COURT TO FILE AMENDED COMPLAINT COMES NOW, Plaintiff, NICOLE PURE, by and through the undersigned counsel, and hereby files this MOTION FOR LEAVE OF COURT TO FILE AMENDED COMPLAINT as follows: 1. This is a automobile negligence case that occurred on or about April 6, 2021. New information was just discovered that touch and concern this case. The proposed Amended Complaint is attached hereto. A motion for leave of court to amend complaint should be granted unless it clearly appears that the amendment would prejudice the other party, the privilege to amend has been abused, or the amendments would be futile, none of which are present in the proposed amendment. WHEREFORE, Plaintiff respectfully requests the Court enter an Order GRANTING this motion, allowing the Plaintiff, NICOLE PURE, to file the attached Amended Complaint. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a copy of the foregoing was furnished by E- Service to all parties this 20" day of May, 2021. '** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 05/20/2021 11:42:19 AM *** IAN BRESSLER LAW P.A. 12161 Ken Adams Way #113 Wellington, FL 33414By: P- 561-305-8257 F- 561-210-8925 Service: ian@ianbresslerlaw.com /s/ lan Bressler lan Bressler, Esq. Florida Bar No.: 104905IN THE CIRCUIT COURT OF THE 15th JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA NICOLE PURE, CASE NO.: 2021CA004480 Plaintiff, Vv. GOVERNMENT EMPLOYEES INSURANCE COMPANY, Defendant. AMENDED COMPLAINT COMES NOW, Plaintiffs, NICOLE PURE (“PURE”), by and through the undersigned counsel, hereby sues the Defendant GOVERNMENT EMPLOYEES INSURANCE COMPANY (“GEICO”) as follows: GENERAL ALLEGATIONS 1. This is an action for damages in excess of Thirty Thousand ($30,000.00) Dollars and is within the jurisdiction of this Court. 2. That at all times material hereto the negligent acts were committed in Palm Beach County, State of Florida and are otherwise sui juris. 3. GEICO is licensed to do business in Palm Beach County, Florida, and regularly conducts business in Palm Beach County, Florida, and has a substantial nexus to Palm Beach County, Florida. FACTS 4. On or about May 26, 2020, PURE was operating her vehicle in a safe and controlled manner when Andrew Luma hit her. 5. All pre-requisites to bringing this claim have been satisfied. 6. The subject contract for UM Insurance was entered into in Palm Beach County, Florida.COUNT I - BREACH OF CONTRACT 7. PURE re-alleges paragraphs 1-6 as if fully set forth herein. 8. At all times hereto, Defendant, GEICO, is an automobile insurer of the Plaintiff, PURE, and insures her with uninsured motorist coverage for this accident. Attached as Exhibit A. 9. On or about May 26, 2020, Plaintiff, PURE, was seriously and permanently injured in an automobile collision in Palm Beach County, Florida. 10.As a direct and proximate result of the conduct of the underinsured motorist, Plaintiff, PURE, suffered bodily injury resulting in pain and suffering, disability, disfigurement, and loss of capacity for the enjoyment of life resulting in the loss of earnings, and the loss of ability to earn money presently and subsequently, with the expense of hospitalization, medical and/or nursing care and treatment and aggravation of a previously existing condition. The losses are either permanent in nature or continuing and the Plaintiff, PURE, will suffer losses in the future. All injuries are within a reasonable degree of medical probability in the past and will continue to experience in the future. WHEREFORE, PURE, demands judgment against GEICO in an amount in excess of Thirty Thousand ($30,000.00) Dollars, exclusive of interest and costs, which she prays for in addition thereto. DEMAND FOR JURY TRIAL The Plaintiff in the above-styled cause hereby demand a trial by jury of all of the issues triable by right. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a copy of the foregoing was furnished by E-Service to all parties this day of May, 2021. By: Respectfully Submitted, IAN BRESSLER LAW P.A. 12161 Ken Adams Way #113 Wellington, FL 33414 P- 561-305-8257 F- 561-210-8925 ian@ianbresslerlaw.com /s/ lan Bressler lan Bressler, Esq. Florida Bar No.: 104905EXHIBITA STATEMENT OF INSURANCE DISCLOSURE STATE OF FLORIDA POLK COUNTY: ss |, Tresa Green, Claims Manager of Government Employees Insurance Company, Incorporated under the laws of the State of Maryland, do hereby certify that the attached is a true and correct copy of policy contract number 4304116793, issued to Nicole Armsey effective 04/16/2020 thru 10/16/2020, afforded the following coverage: Coverage for losses sustained by anyone other than an insured is limited to: Bodily Injury ; $100,000.00 per person / $300,000.00 per occurrence Property Damage (Includes Loss of Use) $100,000.00 Coverage for losses sustained by an insured: Uninsured Motorist Non-Stacked $50,000.00 per person / $100,000.00 per occurrence Personal Injury Protection $250 Deductible, applies to Named Insured and Dependent Relatives Additional Personal Injury Protection Not Applicable Medical Payments Coverage Not Applicable Collision $500.00 Deductible Comprehensive $500.00 Deductible Rental Reimbursement $1,500.00 Max Per Accident Emergency Road Service Available MBI Not Applicable on the following vehicle: 2019 NISSAN MURANO, VIN 5N1AZ2MJOKN127115, during the above policy period. =—————=Number of Listed: Vehicles-—NotApplicable~=—- -— -—~———-- — ~~ - ~~ Policy and Coverage Defenses Known Are: The vehicle involved was not listed on the policy at the time of the loss. Additional Insurance Coverage: None Known To Government Employees Insurance Company At This Time Additional Insured(s) Under Section |, Liability Coverage: None Known At This Time The attached Policy Declaration sheet was recreated based on records retained in our computer data files. The amendments, endorsements, and policy contract are standard forms with information particular to this policy. Attached is a specimen copy of the policy contract noted above. These documents are true and correct to the best of my knowledge and belief. This statement shall be amended immediately upon discovery of facts calling for an amendment. Pursuant to Fla. Stat. 92.525(1)(c), under penalties of perjury, | declare that | have read the foregoing Statement of Insurance Disclosure and that the facts stated in it are true. Cc Claims Manager ; Adjuster: Geranise Dorce Claim Number: 047146357 0101 015 svrrare sols nsesna noone ent owetne