Preview
Filing # 100343459 E-Filed 12/16/2019 10:26:48 AM
IN THE CIRCUIT COURT OF THE 14th JUDICIAL CIRCUIT, IN AND FOR
BAY COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO.19004523CA
JAMES MCDOUGAL AND GINGER MCDOUGAL,
Plaintiff,
vs.
CERTAIN UNDERWRITERS AT LLOYDS,
LONDON SUBSCRIBING TO CERTIFICATE
NUMBER ACA080027600-01,
Defendant.
/
COMPLAINT
Plaintiff, JAMES MCDOUGAL AND GINGER MCDOUGAL, by and through
undersigned counsel sues the Defendant, CERTAIN UNDERWRITERS AT LLOYDS, LONDON
SUBSCRIBING TO CERTIFICATE NUMBER ACA080027600-01, and alleges:
JURISDICTIONAL ALLEGATIONS
1. This is an action for damages for greater than $15,000.00, exclusive of interest,
costs, and attorney’s fees.
2. Atall times material hereto, Plaintiff was and is a resident of BAY County, Florida,
and is otherwise sui juris.
3. At all material times hereto, Plaintiff owned the property insured by Defendant
located at 209 7th Street, Mexico Beach, FL 32456, US (the “Property”).
4. The policy of insurance sued upon was issued by Defendant to Plaintiff in BAY
County, Florida.
5. Jurisdiction and venue are proper in BAY County, Florida.
ILG File #: 12365
Claim #: 18315
Case #: ** “GENERAL ALLEGATIONS
6. In consideration for the premiums paid to it, prior to October 10, 2018, Defendant
issued an insurance policy number, ACA080027600-01, to Plaintiff for Plaintiff’ s property located
at 209 7th Street, Mexico Beach, FL 32456, US in BAY County, Florida (the “Policy”). A true
and correct copy of the Policy is not in the possession of Plaintiff, but is in the care, custody and
control of Defendant. The Policy will be produced during discovery and will be filed by Plaintiff
after receipt from the Defendant.
7. The Policy issued by Defendant included coverage for dwelling, other structures,
personal property, and loss of use suffered by Plaintiff.
8. The Policy issued by Defendant included coverage for losses caused by hurricane.
9. At all times material hereto, including on October 10, 2018, the date of loss, the
Policy was in full force and effect.
10. Defendant’s policy for the building and other structures portions of the Policy is an
“all risk” policy that covers all direct physical losses to the Property that are not otherwise
expressly excluded.
11. All conditions precedent to obtaining payment of insurance benefits under the
Policy have been complied with, met, or waived.
12. At all times material hereto, Defendant was not immune from liability for breach
of contract pertaining to insurance coverage.
COUNT I—- BREACH OF CONTRACT
13. Plaintiff adopts and realleges the allegations contained in paragraphs 1 through 13
above.
ILG File #: 12365
Claim #: 18315
Case #: ** “14. This is a cause of action for breach of contract arising out of an insurance Policy
that was in effect at the time of the loss to the insured Property.
15. On or about October 10, 2018, Plaintiff's property was damaged by hurricane
Michael (the “Loss”).
16. The damage caused by hurricane Michael to Plaintiff’s property constitutes a total
loss pursuant to Fla. Stat. Section 627.702.
17. The October 10, 2018 Loss caused Plaintiff to suffer economic damage to their
property, including physical loss to dwelling, contents, and loss of use, and Plaintiff continues to
suffer such damages.
18. Plaintiff gave timely notice of the Loss and resulting damage to Defendant and/or
its authorized agents, employees, or representatives.
19. Defendant responded to the Loss by assigning claim number 18315 (the “Claim”).
20. Defendant was afforded the opportunity to fully inspect the Loss, investigate the
cause of the Loss, and quantify the amount of the Loss.
21. Defendant did inspect the Loss and Property in its investigation of the Claim.
22. Defendant afforded coverage for the Claim.
23. Defendant paid $48,799.21 in policy benefits on the Claim, after applying the
Policy’s deductible (the “Partial Payment”).
24. Defendant’s Partial Payment of the Loss is an admission that the October 10, 2018
Loss is a covered loss under the Policy.
25. Through its payment on the Claim, Defendant admitted liability for the Loss.
26. The amount paid by Defendant is inadequate to perform the repairs needed to fix
all damages caused by the Loss and to restore Plaintiff's Property to its pre-Loss condition.
ILG File #: 12365
Claim #: 18315
Case #: ** “27. Defendant breached the Policy by failing to pay the full amount of damages
sustained by Plaintiff.
28. Defendant continues to refuse to pay the full amount of Plaintiff's covered Loss
despite Plaintiff's demands for full payment.
29. Plaintiff has been damaged as a result of Defendant’s breach in the form of
insurance benefits due and owing, plus interest, costs, and attorney’s fees.
30. Plaintiff has retained the undersigned counsel to prosecute this action and is
obligated to pay the undersigned counsel a reasonable attorney’s fee.
31. Plaintiff is entitled to recover reasonable attorney’s fees from Defendant pursuant
to Fla. Stat. section 627.428, or in the alternative Fla. Stat. Section 626.9373, or any other
applicable attorney’s fees statute.
WHEREFORE, Plaintiff demands judgment against Defendant for damages together with
interest, costs, and attorney’s fees, and for such further relief this court deems just and proper.
DEMAND FOR JURY TRIAL
Plaintiff herein demands a trial by jury of all issues so triable.
ILG File #: 12365
Claim #: 18315
Case #: ** “CERTIFICATE
THIS COMPLAINT IS DATED and Signed this 16th day of December, 2019 and was filed by:
INSURANCE LITIGATION GROUP, P.A.
Attorney for Plaintiff
1500 NE 162nd Street
Miami, Florida 33162
Telephone: (786) 529-0090
Facsimile: (866) 239-9520
E-Mail: service@ILGPA.COM
By: _/s/Kimesha S. Smith
KIMESHA S. SMITH, ESQ.
FL Bar No. 116466
LAW OFFICES J. PATRICK FLOYD, CHTD.
Co-Counsel for Plaintiff
408 Long Avenue
Port St. Joe, FL 32456
Phone: (850) 227-7413
Fax: (850) 229-8196
Email: j.patrickfloyd@jpatrickfloyd.com
By: /s/J. Patrick Floyd
J. PATRICK FLOYD, ESQ.
FL Bar No. 257001
ILG File #: 12365
Claim #: 18315
Case #: ** “
Preview
Filing # 100343459 E-Filed 12/16/2019 10:26:48 AM IN THE CIRCUIT COURT OF THE 14th JUDICIAL CIRCUIT, IN AND FOR BAY COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO.19004523CA JAMES MCDOUGAL AND GINGER MCDOUGAL, Plaintiff, vs. CERTAIN UNDERWRITERS AT LLOYDS, LONDON SUBSCRIBING TO CERTIFICATE NUMBER ACA080027600-01, Defendant. / COMPLAINT Plaintiff, JAMES MCDOUGAL AND GINGER MCDOUGAL, by and through undersigned counsel sues the Defendant, CERTAIN UNDERWRITERS AT LLOYDS, LONDON SUBSCRIBING TO CERTIFICATE NUMBER ACA080027600-01, and alleges: JURISDICTIONAL ALLEGATIONS 1. This is an action for damages for greater than $15,000.00, exclusive of interest, costs, and attorney’s fees. 2. Atall times material hereto, Plaintiff was and is a resident of BAY County, Florida, and is otherwise sui juris. 3. At all material times hereto, Plaintiff owned the property insured by Defendant located at 209 7th Street, Mexico Beach, FL 32456, US (the “Property”). 4. The policy of insurance sued upon was issued by Defendant to Plaintiff in BAY County, Florida. 5. Jurisdiction and venue are proper in BAY County, Florida. ILG File #: 12365 Claim #: 18315 Case #: ** “GENERAL ALLEGATIONS 6. In consideration for the premiums paid to it, prior to October 10, 2018, Defendant issued an insurance policy number, ACA080027600-01, to Plaintiff for Plaintiff’ s property located at 209 7th Street, Mexico Beach, FL 32456, US in BAY County, Florida (the “Policy”). A true and correct copy of the Policy is not in the possession of Plaintiff, but is in the care, custody and control of Defendant. The Policy will be produced during discovery and will be filed by Plaintiff after receipt from the Defendant. 7. The Policy issued by Defendant included coverage for dwelling, other structures, personal property, and loss of use suffered by Plaintiff. 8. The Policy issued by Defendant included coverage for losses caused by hurricane. 9. At all times material hereto, including on October 10, 2018, the date of loss, the Policy was in full force and effect. 10. Defendant’s policy for the building and other structures portions of the Policy is an “all risk” policy that covers all direct physical losses to the Property that are not otherwise expressly excluded. 11. All conditions precedent to obtaining payment of insurance benefits under the Policy have been complied with, met, or waived. 12. At all times material hereto, Defendant was not immune from liability for breach of contract pertaining to insurance coverage. COUNT I—- BREACH OF CONTRACT 13. Plaintiff adopts and realleges the allegations contained in paragraphs 1 through 13 above. ILG File #: 12365 Claim #: 18315 Case #: ** “14. This is a cause of action for breach of contract arising out of an insurance Policy that was in effect at the time of the loss to the insured Property. 15. On or about October 10, 2018, Plaintiff's property was damaged by hurricane Michael (the “Loss”). 16. The damage caused by hurricane Michael to Plaintiff’s property constitutes a total loss pursuant to Fla. Stat. Section 627.702. 17. The October 10, 2018 Loss caused Plaintiff to suffer economic damage to their property, including physical loss to dwelling, contents, and loss of use, and Plaintiff continues to suffer such damages. 18. Plaintiff gave timely notice of the Loss and resulting damage to Defendant and/or its authorized agents, employees, or representatives. 19. Defendant responded to the Loss by assigning claim number 18315 (the “Claim”). 20. Defendant was afforded the opportunity to fully inspect the Loss, investigate the cause of the Loss, and quantify the amount of the Loss. 21. Defendant did inspect the Loss and Property in its investigation of the Claim. 22. Defendant afforded coverage for the Claim. 23. Defendant paid $48,799.21 in policy benefits on the Claim, after applying the Policy’s deductible (the “Partial Payment”). 24. Defendant’s Partial Payment of the Loss is an admission that the October 10, 2018 Loss is a covered loss under the Policy. 25. Through its payment on the Claim, Defendant admitted liability for the Loss. 26. The amount paid by Defendant is inadequate to perform the repairs needed to fix all damages caused by the Loss and to restore Plaintiff's Property to its pre-Loss condition. ILG File #: 12365 Claim #: 18315 Case #: ** “27. Defendant breached the Policy by failing to pay the full amount of damages sustained by Plaintiff. 28. Defendant continues to refuse to pay the full amount of Plaintiff's covered Loss despite Plaintiff's demands for full payment. 29. Plaintiff has been damaged as a result of Defendant’s breach in the form of insurance benefits due and owing, plus interest, costs, and attorney’s fees. 30. Plaintiff has retained the undersigned counsel to prosecute this action and is obligated to pay the undersigned counsel a reasonable attorney’s fee. 31. Plaintiff is entitled to recover reasonable attorney’s fees from Defendant pursuant to Fla. Stat. section 627.428, or in the alternative Fla. Stat. Section 626.9373, or any other applicable attorney’s fees statute. WHEREFORE, Plaintiff demands judgment against Defendant for damages together with interest, costs, and attorney’s fees, and for such further relief this court deems just and proper. DEMAND FOR JURY TRIAL Plaintiff herein demands a trial by jury of all issues so triable. ILG File #: 12365 Claim #: 18315 Case #: ** “CERTIFICATE THIS COMPLAINT IS DATED and Signed this 16th day of December, 2019 and was filed by: INSURANCE LITIGATION GROUP, P.A. Attorney for Plaintiff 1500 NE 162nd Street Miami, Florida 33162 Telephone: (786) 529-0090 Facsimile: (866) 239-9520 E-Mail: service@ILGPA.COM By: _/s/Kimesha S. Smith KIMESHA S. SMITH, ESQ. FL Bar No. 116466 LAW OFFICES J. PATRICK FLOYD, CHTD. Co-Counsel for Plaintiff 408 Long Avenue Port St. Joe, FL 32456 Phone: (850) 227-7413 Fax: (850) 229-8196 Email: j.patrickfloyd@jpatrickfloyd.com By: /s/J. Patrick Floyd J. PATRICK FLOYD, ESQ. FL Bar No. 257001 ILG File #: 12365 Claim #: 18315 Case #: ** “