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Filing # 100298746 E-Filed 12/13/2019 02:31:12 PM
IN THE CIRCUIT COURT OF THE
FOURTEENTH JUDICIAL CIRCUIT IN AND
FOR BAY COUNTY, FLORIDA
CASE NUMBER:19004515CA
TRAVIS AND CYNTHIA VARNES,
Plaintiff,
ve
SECURITY FIRST INSURANCE COMPANY D/B/A SECURITY FIRST FLORIDA,
Defendant.
/
COMPLAINT & DEMAND FOR JURY TRIAL
COMES NOW, Plaintiff, Travis and Cynthia Varnes, by and through the undersigned
attorney and sues Defendant, Security First Insurance Company d/b/a Security First Florida, and
alleges as follows:
1. This is an action for breach of contract with damages more than Fifteen Thousand Dollars
($15,000.00), exclusive of interest, costs, and attorney’s fees.
2. Atall material times hereto, Plaintiff, Travis and Cynthia Varnes (hereinafter “Plaintiff”),
was and is a Florida resident.
3. Atall material times hereto, Defendant, Security First Insurance Company d/b/a Security
First Florida, was a corporation duly licensed to transact insurance business in the State of
Florida. Defendant does business, has offices, and/or maintained agents for the transaction of its
customary business in Bay County, Florida.
4. Jurisdiction and venue of this matter are proper in Circuit Court for Bay County, Florida.
5. Prior to October 11, 2018, Plaintiff sought and purchased homeowner’s insurance from
Defendant to cover their property located at 5639 Martin Court, Panama City, FL 32404,(hereinafter “Plaintiff's Property”). Said policy of insurance, which is believed to be policy
number P000094170 (hereinafter “Plaintiffs Policy”), was issued by Defendant to Insured to
provide insurance coverage which included, but was not limited to, coverage afforded to protect
Plaintiff's Property against hurricane damage.
6. Plaintiff's Policy was in full force and effect as of October 11, 2018. Plaintiffs Policy is
well known to Defendant, and has been requested by Plaintiff through a Request to Produce
(which has been served upon Defendant contemporaneously with this Complaint). See: Equity
Premium, Inc. v. Twin City Fire Ins. Co., 956 So.2d 1257 (Fla 4" DCA 2007); Amiker v. Mid-
Century Ins. Co., 398 So.2d 974 (Fla 1“ DCA 1981); Parkway General Hospital, Inc. v. Allstate
Ins. Co., 393 So.2d 1171 (Fla. 3° DCA 1981) and Sasche v. Tampa Music Co., 262 So.2d 17(
Fla. 2™ DCA 1972).
7. On or about October 11, 2018, Plaintiff's Property was damaged by a hurricane event.
Said hurricane event was covered under Plaintiff's Policy.
8. This is an action related to Defendant’s breach of contract for failure to fully indemnify
Plaintiff from loss and additional living expenses.
COUNT I-BREACH OF CONTRACT AGAINST DEFENDANT
COMES NOW, Plaintiff, Travis and Cynthia Varnes, by and through the undersigned
attorney sues Defendant, Security First Insurance Company d/b/a Security First Florida, and
alleges as follows:
9. Plaintiff re-alleges paragraphs 1 through 8 above and incorporates the same by reference
herein.
10. Plaintiff is a named insured under Plaintiff's Policy which was in full force and effect all
times material to this Complaint.11. Plaintiff has complied with all conditions precedent to this lawsuit and to entitle Plaintiff
to recover under Plaintiff's Policy, or any such conditions have been waived.
12. Despite demand for payment, Defendant has failed or refused fully indemnify Plaintiff
from the amount of loss and additional living expenses.
13. Defendant’s refusal to reimburse Plaintiff adequately for damages, and otherwise make
Plaintiff whole, constitutes a breach of contract.
14. Plaintiff has been damaged as a result of Defendant’s breach in the form of insurance
proceeds which have not been paid, interest, costs, and attorney’s fees.
15. Plaintiff has been and remains fully prepared to comply with all of the Policy’s
obligations.
16. Asa result of Defendant’s breach of contract, it has become necessary that Plaintiff retain
the services of the undersigned attorneys pursuant to Sections 627.428, 626.9373, 57.041,
57.104, Florida Statutes. Plaintiff is obligated to pay a reasonable fee for the undersigned
attorney’s services in bringing this action, plus necessary costs.
17. Plaintiff is entitled to recover attorney’s fees and costs under Sections 627.428, 626.9373,
57.041, 57.104, Florida Statutes.WHEREFORE, Plaintiff, Travis and Cynthia Varnes, by and through the undersigned
counsel, demands judgment against Defendant, Security First Insurance Company d/b/a Security
First Florida, for all damages with interest, costs, attorney fees pursuant to Sections 627.428,
626.9373, 57.041, 57.104, Florida Statutes, and for all other remedies the Court sees fit to grant,
and Plaintiff demand trial by jury.
CERTIFICATE OF SERVICE
1 DO HEREBY CERTIFY that a true and correct copy of this document will be served
on the Defendant along with the Summons in this action.
Date: December 13, 2019
/s/Michael D. Quintero
Cohen Law Group
Michael D. Quintero
FOR THE FIRM
Florida Bar Number: 91963
350 North Lake Destiny Road
Maitland, Florida 32751
Phone: (407) 478-4878
Fax: (407) 478-0204
Email: mquintero@itsaboutjustice.law
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Filing # 100298746 E-Filed 12/13/2019 02:31:12 PM IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT IN AND FOR BAY COUNTY, FLORIDA CASE NUMBER:19004515CA TRAVIS AND CYNTHIA VARNES, Plaintiff, ve SECURITY FIRST INSURANCE COMPANY D/B/A SECURITY FIRST FLORIDA, Defendant. / COMPLAINT & DEMAND FOR JURY TRIAL COMES NOW, Plaintiff, Travis and Cynthia Varnes, by and through the undersigned attorney and sues Defendant, Security First Insurance Company d/b/a Security First Florida, and alleges as follows: 1. This is an action for breach of contract with damages more than Fifteen Thousand Dollars ($15,000.00), exclusive of interest, costs, and attorney’s fees. 2. Atall material times hereto, Plaintiff, Travis and Cynthia Varnes (hereinafter “Plaintiff”), was and is a Florida resident. 3. Atall material times hereto, Defendant, Security First Insurance Company d/b/a Security First Florida, was a corporation duly licensed to transact insurance business in the State of Florida. Defendant does business, has offices, and/or maintained agents for the transaction of its customary business in Bay County, Florida. 4. Jurisdiction and venue of this matter are proper in Circuit Court for Bay County, Florida. 5. Prior to October 11, 2018, Plaintiff sought and purchased homeowner’s insurance from Defendant to cover their property located at 5639 Martin Court, Panama City, FL 32404,(hereinafter “Plaintiff's Property”). Said policy of insurance, which is believed to be policy number P000094170 (hereinafter “Plaintiffs Policy”), was issued by Defendant to Insured to provide insurance coverage which included, but was not limited to, coverage afforded to protect Plaintiff's Property against hurricane damage. 6. Plaintiff's Policy was in full force and effect as of October 11, 2018. Plaintiffs Policy is well known to Defendant, and has been requested by Plaintiff through a Request to Produce (which has been served upon Defendant contemporaneously with this Complaint). See: Equity Premium, Inc. v. Twin City Fire Ins. Co., 956 So.2d 1257 (Fla 4" DCA 2007); Amiker v. Mid- Century Ins. Co., 398 So.2d 974 (Fla 1“ DCA 1981); Parkway General Hospital, Inc. v. Allstate Ins. Co., 393 So.2d 1171 (Fla. 3° DCA 1981) and Sasche v. Tampa Music Co., 262 So.2d 17( Fla. 2™ DCA 1972). 7. On or about October 11, 2018, Plaintiff's Property was damaged by a hurricane event. Said hurricane event was covered under Plaintiff's Policy. 8. This is an action related to Defendant’s breach of contract for failure to fully indemnify Plaintiff from loss and additional living expenses. COUNT I-BREACH OF CONTRACT AGAINST DEFENDANT COMES NOW, Plaintiff, Travis and Cynthia Varnes, by and through the undersigned attorney sues Defendant, Security First Insurance Company d/b/a Security First Florida, and alleges as follows: 9. Plaintiff re-alleges paragraphs 1 through 8 above and incorporates the same by reference herein. 10. Plaintiff is a named insured under Plaintiff's Policy which was in full force and effect all times material to this Complaint.11. Plaintiff has complied with all conditions precedent to this lawsuit and to entitle Plaintiff to recover under Plaintiff's Policy, or any such conditions have been waived. 12. Despite demand for payment, Defendant has failed or refused fully indemnify Plaintiff from the amount of loss and additional living expenses. 13. Defendant’s refusal to reimburse Plaintiff adequately for damages, and otherwise make Plaintiff whole, constitutes a breach of contract. 14. Plaintiff has been damaged as a result of Defendant’s breach in the form of insurance proceeds which have not been paid, interest, costs, and attorney’s fees. 15. Plaintiff has been and remains fully prepared to comply with all of the Policy’s obligations. 16. Asa result of Defendant’s breach of contract, it has become necessary that Plaintiff retain the services of the undersigned attorneys pursuant to Sections 627.428, 626.9373, 57.041, 57.104, Florida Statutes. Plaintiff is obligated to pay a reasonable fee for the undersigned attorney’s services in bringing this action, plus necessary costs. 17. Plaintiff is entitled to recover attorney’s fees and costs under Sections 627.428, 626.9373, 57.041, 57.104, Florida Statutes.WHEREFORE, Plaintiff, Travis and Cynthia Varnes, by and through the undersigned counsel, demands judgment against Defendant, Security First Insurance Company d/b/a Security First Florida, for all damages with interest, costs, attorney fees pursuant to Sections 627.428, 626.9373, 57.041, 57.104, Florida Statutes, and for all other remedies the Court sees fit to grant, and Plaintiff demand trial by jury. CERTIFICATE OF SERVICE 1 DO HEREBY CERTIFY that a true and correct copy of this document will be served on the Defendant along with the Summons in this action. Date: December 13, 2019 /s/Michael D. Quintero Cohen Law Group Michael D. Quintero FOR THE FIRM Florida Bar Number: 91963 350 North Lake Destiny Road Maitland, Florida 32751 Phone: (407) 478-4878 Fax: (407) 478-0204 Email: mquintero@itsaboutjustice.law