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Filing # 87718124 E-Filed 04/09/2019 04:21:08 PM
IN THE CIRCUIT COURT OF THE
FOURTEENTH JUDICIAL CIRCUIT IN
AND FOR BAY COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASENO.: — 19001054CA
TIMOTHY CYR and
JESSICA CYR,
FLORIDA BAR NO.: 127612
Plaintiffs,
v.
EDISON INSURANCE COMPANY,
Defendant.
COMPLAINT
COME NOW, Plaintiffs, TIMOTHY CYR and JESSICA CYR, by and through
undersigned counsel, and hereby sue the Defendant, EDISON INSURANCE COMPANY
(hereinafter referred to as “EDISON”), and in support thereof alleges as follows:
1. This is an action for an amount in excess of Fifteen Thousand ($15,000.00) Dollars,
exclusive of attorney fees, costs, and interest.
2. At all times material hereto, Plaintiffs, TIMOTHY CYR and JESSICA CYR, were and are
residents of Bay County, Florida and sui juris.
3. At all times material hereto, Defendant, EDISON, was and is an insurance company
authorized to and does write homeowners insurance policies within the State of Florida, and
specifically within Bay County, Florida.
4. Atall times material hereto, Plaintiffs were the owners of the property located at 2651 Peyton
Page 1 of 310.
11.
Way, Panama City, Bay County, Florida 32405.
That at all times material hereto, the subject property was insured under a policy of insurance
issued by Defendant to Plaintiffs; specifically policy number: EDH4035745-02. Said policy
is incorporated herein in its entirety pursuant to Fla. R. Civ. P. 1.130; further, Defendant has
a copy of said policy in its possession.
At all times material hereto, the policy of insurance was in full force and effect.
The policy of insurance provides, in pertinent part, that Defendant, EDISON, provides
coverage for property damage, including contents, rendered to Plaintiffs’ subject property
that are the result of an accident, whether natural in cause or not, and said policy is required
to comply with the provisions of Florida Law.
That on or about October 10, 2018, Plaintiffs’ property was damaged directly and/or
indirectly by Hurricane Michael (Defendant has assigned claim No.: EDI931109 to identify
this loss).
That as a result thereof, Plaintiffs sustained damages to the property that required reasonable,
related and/or necessary repairs and replacements, as well as appropriate cleaning and other
remedial measures.
That Plaintiffs did forthwith give timely notice to Defendant of such loss, and did thereafter
deliver to Defendant, EDISON, a full and particular account of Plaintiffs’ expenses and
losses as a result of the said accident.
Defendant has failed to establish that it had reasonable proof that it was not responsible for
the payment of Plaintiffs’ damages and/or loss, and has failed to pay the requested amounts
for repairs and/or replacement, plus applicable interest, pursuant to the terms of the policy
Page 2 of 3of insurance, in breach of Plaintiffs’ contract with EDISON.
Plaintiffs have complied with all conditions precedent to bringing the instant cause, and/or
all such conditions have been waived by Defendant.
That Defendant’s conduct has caused Plaintiffs to retain the services of the undersigned
counsel to represent them in this action, and Plaintiffs are entitled to attorney fees and costs
under Sections 627.428, Florida Statutes.
WHEREFORE, Plaintiffs, TIMOTHY CYR and JESSICA CYR, demands judgment
against the Defendant EDISON INSURANCE COMPANY, for damages, interest, attorney fees,
costs, and any other such relief that this Honorable Court deems just and proper.
/dm
DEMAND is hereby made for trial by jury of all issues so triable, as a matter of right.
DATED this 28" day of March, 2019.
Thomas J. Morgan, Jr., Esquire
MORGAN LAW GROUP, P.A.
Attorneys for Plaintiffs
55 Merrick Way, Suite 404
Coral Gables, Florida 33134
Phone: 305.569.9900
Fax — : 305.443.6828
Pleadings only:
mlg.eservice@morganlawgroup.net
By: _4s/ Thomas J. Morgan, Jr.
Thomas J. Morgan, Jr.
Page 3 of 3
Preview
Filing # 87718124 E-Filed 04/09/2019 04:21:08 PM IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT IN AND FOR BAY COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASENO.: — 19001054CA TIMOTHY CYR and JESSICA CYR, FLORIDA BAR NO.: 127612 Plaintiffs, v. EDISON INSURANCE COMPANY, Defendant. COMPLAINT COME NOW, Plaintiffs, TIMOTHY CYR and JESSICA CYR, by and through undersigned counsel, and hereby sue the Defendant, EDISON INSURANCE COMPANY (hereinafter referred to as “EDISON”), and in support thereof alleges as follows: 1. This is an action for an amount in excess of Fifteen Thousand ($15,000.00) Dollars, exclusive of attorney fees, costs, and interest. 2. At all times material hereto, Plaintiffs, TIMOTHY CYR and JESSICA CYR, were and are residents of Bay County, Florida and sui juris. 3. At all times material hereto, Defendant, EDISON, was and is an insurance company authorized to and does write homeowners insurance policies within the State of Florida, and specifically within Bay County, Florida. 4. Atall times material hereto, Plaintiffs were the owners of the property located at 2651 Peyton Page 1 of 310. 11. Way, Panama City, Bay County, Florida 32405. That at all times material hereto, the subject property was insured under a policy of insurance issued by Defendant to Plaintiffs; specifically policy number: EDH4035745-02. Said policy is incorporated herein in its entirety pursuant to Fla. R. Civ. P. 1.130; further, Defendant has a copy of said policy in its possession. At all times material hereto, the policy of insurance was in full force and effect. The policy of insurance provides, in pertinent part, that Defendant, EDISON, provides coverage for property damage, including contents, rendered to Plaintiffs’ subject property that are the result of an accident, whether natural in cause or not, and said policy is required to comply with the provisions of Florida Law. That on or about October 10, 2018, Plaintiffs’ property was damaged directly and/or indirectly by Hurricane Michael (Defendant has assigned claim No.: EDI931109 to identify this loss). That as a result thereof, Plaintiffs sustained damages to the property that required reasonable, related and/or necessary repairs and replacements, as well as appropriate cleaning and other remedial measures. That Plaintiffs did forthwith give timely notice to Defendant of such loss, and did thereafter deliver to Defendant, EDISON, a full and particular account of Plaintiffs’ expenses and losses as a result of the said accident. Defendant has failed to establish that it had reasonable proof that it was not responsible for the payment of Plaintiffs’ damages and/or loss, and has failed to pay the requested amounts for repairs and/or replacement, plus applicable interest, pursuant to the terms of the policy Page 2 of 3of insurance, in breach of Plaintiffs’ contract with EDISON. Plaintiffs have complied with all conditions precedent to bringing the instant cause, and/or all such conditions have been waived by Defendant. That Defendant’s conduct has caused Plaintiffs to retain the services of the undersigned counsel to represent them in this action, and Plaintiffs are entitled to attorney fees and costs under Sections 627.428, Florida Statutes. WHEREFORE, Plaintiffs, TIMOTHY CYR and JESSICA CYR, demands judgment against the Defendant EDISON INSURANCE COMPANY, for damages, interest, attorney fees, costs, and any other such relief that this Honorable Court deems just and proper. /dm DEMAND is hereby made for trial by jury of all issues so triable, as a matter of right. DATED this 28" day of March, 2019. Thomas J. Morgan, Jr., Esquire MORGAN LAW GROUP, P.A. Attorneys for Plaintiffs 55 Merrick Way, Suite 404 Coral Gables, Florida 33134 Phone: 305.569.9900 Fax — : 305.443.6828 Pleadings only: mlg.eservice@morganlawgroup.net By: _4s/ Thomas J. Morgan, Jr. Thomas J. Morgan, Jr. Page 3 of 3