On May 30, 2014 a
Complaint,Petition
was filed
involving a dispute between
Mobile Auto Glass Repair Llc,
and
Garrison Property And Casualty Insurance Company,
for SMALL CLAIMS 2 - $100 - $500
in the District Court of Pinellas County.
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Case Number: 14-003960-SC
Filing # 14257157 Electronically Filed 05/30/2014 02:15:51 PM
IN THE COUNTY COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PINELLAS COUNTY, FLORIDA
SMALL CLAIMS
MOBILE AUTO GLASS REPAIR, LLC
a/a/o RUDOLPH MAGWOOD,
Plaintiff, CASE NO.:
vs.
USAA CASUALTY INSURANCE COMPANY,
Defendant.
/
STATEMENT OF CLAIM
Plaintiff, MOBILE AUTO GLASS REPAIR, LLC a/a/o RUDOLPH MAGWOOD
(hereinafter “Plaintiff’), by and through its undersigned attorney hereby sues the Defendant,
USAA CASUALTY INSURANCE COMPANY, alleging as follows:
BREACH OF CONTRACT
1. This is an action for damages that exceeds the sum of One Hundred Dollars and
00/100 ($100.00), but does not exceed the sum of Five Thousand Dollars and 00/100 ($5,000.00)
exclusive of costs, interest and attorney’s fees.
2. At all times material hereto, Defendant was a corporation duly licensed to transact
insurance in the State of Florida and maintained agents for transaction of its customary business
in Pinellas County, Florida.
3. RUDOLPH MAGWOOD, (hereinafter “Insured’), was and is a natural person,
and the policy of insurance involved herein was issued by Defendant to the Insured in Florida.
4. During the policy term, the Insured’s vehicle sustained damage to its windshield.
***ELECTRONICALLY FILED 5/30/2014 2:15:52 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***5. As a direct and proximate result of the windshield damage sustained to the
Insured’s vehicle, the Insured incurred reasonable expenses for the replacement of the vehicle’s
windshield which was provided by Plaintiff.
6. Defendant issued a policy of insurance (Policy number 004283494R) which
provides for the replacement of the windshield to the Insured’s vehicle as provided under the
Insured’s comprehensive and/or collision insurance coverage. Plaintiff does not have a copy of
the policy to attach, but believes Defendant is in possession of the original policy.
7. The above-described policy was in full force and effect on the date the damages to
the Insured’s vehicle occurred and provided coverage for the replacement of the damages
sustained by the Insured’s vehicle.
8. The Insured assigned its rights of benefits and cause of action to Plaintiff to bring
this action to recover collision and/or comprehensive insurance benefits under the Insured’s
policy of insurance with Defendant. A copy of the assignment of benefits is attached hereto as
Exhibit “A.”
9. Plaintiff has performed all conditions precedent and necessary to entitle Plaintiff
to recover benefits for the automotive windshield replacement pursuant to the above mentioned
insurance contract.
10. The Plaintiff gave notice of covered expenses and made demand to Defendant for
payment of benefits to Plaintiff under the Insured’s policy of insurance with Defendant.
11. The Defendant did not make full payment of the comprehensive and/or collision
benefits within (30) days or as required under the Insured’s policy of insurance.12. Defendant has failed to pay Plaintiff's covered losses in the amount indicated in
Exhibit A for the replacement of glass damage to the Insured’s vehicle. A copy of the Invoice
and Defendant’s payment, if any, is attached hereto as Exhibit “A.”
13. Defendant has failed to pay Plaintiff's covered losses and statutory expenses
despite having no reasonable proof to establish that it is not responsible for the payment of the
services provided to the Insured as outlined in paragraph 12.
14. Defendant has failed to meet its conditions precedent.
15. Due to the failure of the Defendant to pay comprehensive and/or collision benefits
in accordance with the law, Plaintiff has been required to retain the undersigned law firm for the
prosecution of this property damage suit. The Plaintiff has agreed to pay and the attorney of the
firm has agreed to accept any court-awarded fee.
16. Defendant has failed to pay any interest penalties and statutory attorney’s fees as
required by law.
17. Plaintiff would derive a direct benefit from the Court’s judgment ordering the
Defendant to pay interest and attorney’s fees even if Defendant pays all or some of the disputed
comprehensive and/or collision benefits and/or statutory expenses before judgment is entered
and after suit is filed.
18. Plaintiff requests a jury on all issues so triable.
WHEREFORE, the Plaintiff, MOBILE AUTO GLASS REPAIR, LLC a/a/o RUDOLPH
MAGWOOD, demands judgment for comprehensive and/or collision benefits, prejudgmentinterest, statutory expenses, costs and attorneys fees pursuant to Florida Statutes § 627.428 and
legal assistant fees pursuant to Florida Statute § 57.104.
/s/ John C. Murrow
John C. Murrow, Esq.
Florida Bar No. 0010221
John C. Murrow, P.A.
4856 West Gandy Blvd.
Tampa, FL 33611
Phone: (813) 999-4950
Fax: (813) 999-4955
Email: service-john@johnemurrowlaw.com
Attorney for Plaintiff
Document Filed Date
May 30, 2014
Case Filing Date
May 30, 2014
Category
SMALL CLAIMS 2 - $100 - $500
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Case Number: 14-003960-SC Filing # 14257157 Electronically Filed 05/30/2014 02:15:51 PM IN THE COUNTY COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA SMALL CLAIMS MOBILE AUTO GLASS REPAIR, LLC a/a/o RUDOLPH MAGWOOD, Plaintiff, CASE NO.: vs. USAA CASUALTY INSURANCE COMPANY, Defendant. / STATEMENT OF CLAIM Plaintiff, MOBILE AUTO GLASS REPAIR, LLC a/a/o RUDOLPH MAGWOOD (hereinafter “Plaintiff’), by and through its undersigned attorney hereby sues the Defendant, USAA CASUALTY INSURANCE COMPANY, alleging as follows: BREACH OF CONTRACT 1. This is an action for damages that exceeds the sum of One Hundred Dollars and 00/100 ($100.00), but does not exceed the sum of Five Thousand Dollars and 00/100 ($5,000.00) exclusive of costs, interest and attorney’s fees. 2. At all times material hereto, Defendant was a corporation duly licensed to transact insurance in the State of Florida and maintained agents for transaction of its customary business in Pinellas County, Florida. 3. RUDOLPH MAGWOOD, (hereinafter “Insured’), was and is a natural person, and the policy of insurance involved herein was issued by Defendant to the Insured in Florida. 4. During the policy term, the Insured’s vehicle sustained damage to its windshield. ***ELECTRONICALLY FILED 5/30/2014 2:15:52 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***5. As a direct and proximate result of the windshield damage sustained to the Insured’s vehicle, the Insured incurred reasonable expenses for the replacement of the vehicle’s windshield which was provided by Plaintiff. 6. Defendant issued a policy of insurance (Policy number 004283494R) which provides for the replacement of the windshield to the Insured’s vehicle as provided under the Insured’s comprehensive and/or collision insurance coverage. Plaintiff does not have a copy of the policy to attach, but believes Defendant is in possession of the original policy. 7. The above-described policy was in full force and effect on the date the damages to the Insured’s vehicle occurred and provided coverage for the replacement of the damages sustained by the Insured’s vehicle. 8. The Insured assigned its rights of benefits and cause of action to Plaintiff to bring this action to recover collision and/or comprehensive insurance benefits under the Insured’s policy of insurance with Defendant. A copy of the assignment of benefits is attached hereto as Exhibit “A.” 9. Plaintiff has performed all conditions precedent and necessary to entitle Plaintiff to recover benefits for the automotive windshield replacement pursuant to the above mentioned insurance contract. 10. The Plaintiff gave notice of covered expenses and made demand to Defendant for payment of benefits to Plaintiff under the Insured’s policy of insurance with Defendant. 11. The Defendant did not make full payment of the comprehensive and/or collision benefits within (30) days or as required under the Insured’s policy of insurance.12. Defendant has failed to pay Plaintiff's covered losses in the amount indicated in Exhibit A for the replacement of glass damage to the Insured’s vehicle. A copy of the Invoice and Defendant’s payment, if any, is attached hereto as Exhibit “A.” 13. Defendant has failed to pay Plaintiff's covered losses and statutory expenses despite having no reasonable proof to establish that it is not responsible for the payment of the services provided to the Insured as outlined in paragraph 12. 14. Defendant has failed to meet its conditions precedent. 15. Due to the failure of the Defendant to pay comprehensive and/or collision benefits in accordance with the law, Plaintiff has been required to retain the undersigned law firm for the prosecution of this property damage suit. The Plaintiff has agreed to pay and the attorney of the firm has agreed to accept any court-awarded fee. 16. Defendant has failed to pay any interest penalties and statutory attorney’s fees as required by law. 17. Plaintiff would derive a direct benefit from the Court’s judgment ordering the Defendant to pay interest and attorney’s fees even if Defendant pays all or some of the disputed comprehensive and/or collision benefits and/or statutory expenses before judgment is entered and after suit is filed. 18. Plaintiff requests a jury on all issues so triable. WHEREFORE, the Plaintiff, MOBILE AUTO GLASS REPAIR, LLC a/a/o RUDOLPH MAGWOOD, demands judgment for comprehensive and/or collision benefits, prejudgmentinterest, statutory expenses, costs and attorneys fees pursuant to Florida Statutes § 627.428 and legal assistant fees pursuant to Florida Statute § 57.104. /s/ John C. Murrow John C. Murrow, Esq. Florida Bar No. 0010221 John C. Murrow, P.A. 4856 West Gandy Blvd. Tampa, FL 33611 Phone: (813) 999-4950 Fax: (813) 999-4955 Email: service-john@johnemurrowlaw.com Attorney for Plaintiff