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Filing # 100358963 E-Filed 12/16/2019 12:40:39 PM
IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT IN AND
FOR BAY COUNTY, FLORIDA
DONALD E. MUELLER & MICHELLE
M. MUELLER,
Plaintiffs,
vs.
Case No: 19004527CA
EDISON INSURANCE COMPANY,
Defendant.
COMPLAINT
PLAINTIFFS, DONALD E. MUELLER & MICHELLE M. MUELLER, by and through
the undersigned attorney sues the Defendant, EDISON INSURANCE COMPANY, (hereinafter
“Defendant’”) and in support thereof alleges the following:
JURISDICTIONAL ALLEGATIONS
1. This is an action for Breach of Contract for damages greater than $15,000.00,
exclusive of interest, costs and attorney’s fees.
2. At all times material hereto, DONALD E. MUELLER & MICHELLE M.
MUELLER, (hereinafter Plaintiffs), were and are the owner of property located at 4046 Mary
Kathryn Cir, Panama City, FL 32405.
3. At all times material hereto, the Defendant, EDISON INSURANCE COMPANY,
was and is a corporation authorized to do business, maintains an office and agents in Bay County,
Florida and regularly sells insurance policies to the general public in Bay County.
4. Jurisdiction and venue are proper in Bay County, Florida.GENERAL ALLEGATIONS
5. Prior to October 10, 2018, Defendant issued a policy of insurance to Plaintiff
under Policy No.: EDIH4033395-01, for Plaintiffs property located at 4046 Mary Kathryn Cir,
Panama City, FL 32405.
6. The policy of insurance issued by Defendant included coverage for dwelling,
other structures, personal property, and loss of use suffered by Plaintiff.
7. At all times material hereto, Plaintiffs insurance policy with Defendant was in
full force and effect including on October 10, 2018, the Date of Loss.
8. Plaintiffs are not in possession of a copy of the policy to attach; however,
Plaintiffs believes that the Defendant has a copy of said policy.
9. All conditions precedent to obtaining payment of insurance benefits under the
policy have been complied with, met, or waived.
10. At all times material hereto, EDISON INSURANCE COMPANY is not immune
from liability for breach of contract pertaining to insurance coverage in accordance with Fla. Stat.
§627.351(6)(s)(1) et. seq.
COUNT I
BREACH OF CONTRACT
11. Plaintiffs re-avers and re-alleges paragraphs 1 through 10 of this Complaint.
12. On or about, October 10, 2018, Plaintiff's property was damaged by a covered
loss, specifically, hurricane.
13. Plaintiffs gave timely notice of the loss and resulting damage to Defendant and/or
its authorized agents, employees or representatives.
14. As a result of the loss on October 10, 2018, Plaintiffs sustained damage to their
property.15. Defendant has breached the policy of insurance by failing to pay the full amount
of damages sustained by Plaintiffs.
16. Defendant continues to refuse to pay the full amount of Plaintiff's covered losses
despite Plaintiff’s demands for full payment.
17. Plaintiffs have been damaged as a result of Defendant’s breach as insurance
benefits are due and owing, plus interest, costs and attorney’s fees and costs.
18. Plaintiffs have retained the undersigned counsel to prosecute this action and is
obligated to pay the undersigned counsel a reasonable attorney’s fee and costs.
19. Plaintiffs are entitled to recover reasonable attorney’s fees from Defendant
pursuant to F.S. 627.428.
WHEREFORE, Plaintiffs, DONALD E. MUELLER & MICHELLE M. MUELLER,
demand judgment for damages against Defendant, EDISON INSURANCE COMPANY,
together with pre-judgment interest, costs and attorneys and any other relief this Court deems
proper under the circumstances. Plaintiffs demand trial by jury on all issues triable as of right.
DATED this December 16, 2019.
Respectfully Submitted,
/s/ Brett L. Schlacter
Brett L. Schlacter, Esq.
Florida Bar No. 98112
SCHLACTER LAW
1108 Kane Concourse, Suite 305
Bay Harbor Islands, Florida 33154
(305) 999 — 1111 (Telephone)
(305) 440 — 1354 (Facsimile)
E-mail: service@schlacterlaw.com
E-mail: bis@schlacterlaw.com
E-mail: carrel@schlacterlaw.com
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Filing # 100358963 E-Filed 12/16/2019 12:40:39 PM IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT IN AND FOR BAY COUNTY, FLORIDA DONALD E. MUELLER & MICHELLE M. MUELLER, Plaintiffs, vs. Case No: 19004527CA EDISON INSURANCE COMPANY, Defendant. COMPLAINT PLAINTIFFS, DONALD E. MUELLER & MICHELLE M. MUELLER, by and through the undersigned attorney sues the Defendant, EDISON INSURANCE COMPANY, (hereinafter “Defendant’”) and in support thereof alleges the following: JURISDICTIONAL ALLEGATIONS 1. This is an action for Breach of Contract for damages greater than $15,000.00, exclusive of interest, costs and attorney’s fees. 2. At all times material hereto, DONALD E. MUELLER & MICHELLE M. MUELLER, (hereinafter Plaintiffs), were and are the owner of property located at 4046 Mary Kathryn Cir, Panama City, FL 32405. 3. At all times material hereto, the Defendant, EDISON INSURANCE COMPANY, was and is a corporation authorized to do business, maintains an office and agents in Bay County, Florida and regularly sells insurance policies to the general public in Bay County. 4. Jurisdiction and venue are proper in Bay County, Florida.GENERAL ALLEGATIONS 5. Prior to October 10, 2018, Defendant issued a policy of insurance to Plaintiff under Policy No.: EDIH4033395-01, for Plaintiffs property located at 4046 Mary Kathryn Cir, Panama City, FL 32405. 6. The policy of insurance issued by Defendant included coverage for dwelling, other structures, personal property, and loss of use suffered by Plaintiff. 7. At all times material hereto, Plaintiffs insurance policy with Defendant was in full force and effect including on October 10, 2018, the Date of Loss. 8. Plaintiffs are not in possession of a copy of the policy to attach; however, Plaintiffs believes that the Defendant has a copy of said policy. 9. All conditions precedent to obtaining payment of insurance benefits under the policy have been complied with, met, or waived. 10. At all times material hereto, EDISON INSURANCE COMPANY is not immune from liability for breach of contract pertaining to insurance coverage in accordance with Fla. Stat. §627.351(6)(s)(1) et. seq. COUNT I BREACH OF CONTRACT 11. Plaintiffs re-avers and re-alleges paragraphs 1 through 10 of this Complaint. 12. On or about, October 10, 2018, Plaintiff's property was damaged by a covered loss, specifically, hurricane. 13. Plaintiffs gave timely notice of the loss and resulting damage to Defendant and/or its authorized agents, employees or representatives. 14. As a result of the loss on October 10, 2018, Plaintiffs sustained damage to their property.15. Defendant has breached the policy of insurance by failing to pay the full amount of damages sustained by Plaintiffs. 16. Defendant continues to refuse to pay the full amount of Plaintiff's covered losses despite Plaintiff’s demands for full payment. 17. Plaintiffs have been damaged as a result of Defendant’s breach as insurance benefits are due and owing, plus interest, costs and attorney’s fees and costs. 18. Plaintiffs have retained the undersigned counsel to prosecute this action and is obligated to pay the undersigned counsel a reasonable attorney’s fee and costs. 19. Plaintiffs are entitled to recover reasonable attorney’s fees from Defendant pursuant to F.S. 627.428. WHEREFORE, Plaintiffs, DONALD E. MUELLER & MICHELLE M. MUELLER, demand judgment for damages against Defendant, EDISON INSURANCE COMPANY, together with pre-judgment interest, costs and attorneys and any other relief this Court deems proper under the circumstances. Plaintiffs demand trial by jury on all issues triable as of right. DATED this December 16, 2019. Respectfully Submitted, /s/ Brett L. Schlacter Brett L. Schlacter, Esq. Florida Bar No. 98112 SCHLACTER LAW 1108 Kane Concourse, Suite 305 Bay Harbor Islands, Florida 33154 (305) 999 — 1111 (Telephone) (305) 440 — 1354 (Facsimile) E-mail: service@schlacterlaw.com E-mail: bis@schlacterlaw.com E-mail: carrel@schlacterlaw.com