On January 31, 2020 a
Complaint,Petition
was filed
involving a dispute between
Christensen, Jarae,
Christensen, Michael,
and
United Property & Casualty Insurance Company,
for INSURANCE CLAIM
in the District Court of Bay County.
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Filing # 102552267 E-Filed 01/31/2020 11:20:52 AM
IN THE CIRCUIT COURT IN AND FOR BAY COUNTY, FLORIDA
MICHAEL CHRISTENSEN and JARAE CASE NO. 20000239CA
CHRISTENSEN,
Plaintiff,
vs.
UNITED PROPERTY & CASUALTY
INSURANCE COMPANY,
Defendant.
COMPLAINT FOR DAMAGES
COMES NOW Plaintiffs, MICHAEL CHRISTENSEN and JARAE CHRISTENSEN, by and
through the undersigned attorneys, and hereby sue Defendant and alleges:
1. This is an action for damages in excess of $30,000.00.
2. At all times material hereto, Plaintiffs were and are residents of the county of this
court and otherwise sui juris.
3. At all times material hereto, Defendant was and is an insurance corporation doing
and/or transacting business in the county of this court.
4, At all times material hereto, Defendant was and is authorized by the Florida
Department of Financial Services to issue property insurance policies in Florida.
5. At all times material hereto, in consideration of premiums paid by Plaintiffs, there
was in full force and effect certain insurance policy being Policy number UDV230840500 (hereafter
called the "Policy"). Plaintiffs do not have a true and complete copy of the Policy, but Defendant
has a true and correct copy of the Policy, Plaintiffs reserve the right to supplement this Complaint
by attaching a copy of the Policy after same is provided by Defendant in response to discovery
requests,
6. Under the terms of the Policy, Defendant insured each Plaintiff against certain losses
to Plaintiffs’ property located at 3015 Longwood Circle, Panama City, FL 32405 (hereafter called
the “property”).
DUBOFF7. On or about October 10, 2018, while the Policy was in full force and effect, Plaintiffs
suffered a covered loss; to wit: hurricane causing direct physical loss to the property (hereafter the
“loss”).
8. Defendant assigned claim number 2018FL135128 to the loss.
9. Defendant acknowledged coverage certain damages caused by the loss, but did not
provide coverage for all of the damages caused by the loss.
10. Under the terms of both the Policy and Florida Statute §627.701 1(3)(a), Defendant
is obligated to initially pay at least the actual cash value of the insured loss, less the policy
deductible. Actual cash value (hereafter referred to“ACV”) is defined as replacement cost (hereafter
referred to as “RCV”), less depreciation. See, Trinidad v. Florida Peninsula Insurance Company,
121 So. 3d 433 (Fla 2008).
11. Under the terms of both the Policy and Florida Statute §627.7011(3)(a), after the
ACV is paid, if Plaintiff chooses to claim RCV, then Defendant need only pay the RCV (being the
withheld depreciation), when and if work is performed and expenses are incurred.
12. Defendant breached the policy by failing to pay the full amount of ACV that was due
Plaintiff.
13. Defendant acknowledged in writing that there was a dispute regarding the claimed
amount of damages prior to the filing of the subject lawsuit.
14. Asadirect and proximate result Defendant’s breach of the insurance policy contract
as aforedescribed, Plaintiffs have sustained damages in the amount of the insurance benefits that
were and are due Plaintiffs under the terms of the policy as a result of the loss.
15, All conditions precedent to the filing of this action have been met or have been
waived.
16. Plaintiffs have been obligated to engage the undersigned attorneys for the prosecution
of this action and are entitled to a reasonable attorneys fee thereby pursuant to Fla. Stat. §627.428
and/or §626.9373.
DUBOFFWHEREFORE Plaintiffs sue Defendant for damages in excess of $30,000.00, plus statutory
interest, court costs and reasonable attorneys fees pursuant to Fla,. Stat., §627.428 and/or §626.9373.
PLAINTIFFS DEMANDS A TRIAL BY JURY OF ALL ISSUES TRIABLE AS A
MATTER OF RIGHT BY A JURY.
DUBOFF LAW FIRM
ATTORNEYS FOR PLAINTIFFS
680 N.E. 127 STREET
NorTH MIAMI, FLORIDA 33161
TELEPHONE (305) 899-0085
Fax No. (305) 899-0091
EMAIL: COURTDOCUMENT@DUBOFFLAWFIRM.COM
By: _/S KENNETH R. DUBOFF
KENNETH R. DUBOFF, ESQ.
FLA. BAR #218261
DUBOFF
Document Filed Date
January 31, 2020
Case Filing Date
January 31, 2020
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Filing # 102552267 E-Filed 01/31/2020 11:20:52 AM IN THE CIRCUIT COURT IN AND FOR BAY COUNTY, FLORIDA MICHAEL CHRISTENSEN and JARAE CASE NO. 20000239CA CHRISTENSEN, Plaintiff, vs. UNITED PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. COMPLAINT FOR DAMAGES COMES NOW Plaintiffs, MICHAEL CHRISTENSEN and JARAE CHRISTENSEN, by and through the undersigned attorneys, and hereby sue Defendant and alleges: 1. This is an action for damages in excess of $30,000.00. 2. At all times material hereto, Plaintiffs were and are residents of the county of this court and otherwise sui juris. 3. At all times material hereto, Defendant was and is an insurance corporation doing and/or transacting business in the county of this court. 4, At all times material hereto, Defendant was and is authorized by the Florida Department of Financial Services to issue property insurance policies in Florida. 5. At all times material hereto, in consideration of premiums paid by Plaintiffs, there was in full force and effect certain insurance policy being Policy number UDV230840500 (hereafter called the "Policy"). Plaintiffs do not have a true and complete copy of the Policy, but Defendant has a true and correct copy of the Policy, Plaintiffs reserve the right to supplement this Complaint by attaching a copy of the Policy after same is provided by Defendant in response to discovery requests, 6. Under the terms of the Policy, Defendant insured each Plaintiff against certain losses to Plaintiffs’ property located at 3015 Longwood Circle, Panama City, FL 32405 (hereafter called the “property”). DUBOFF7. On or about October 10, 2018, while the Policy was in full force and effect, Plaintiffs suffered a covered loss; to wit: hurricane causing direct physical loss to the property (hereafter the “loss”). 8. Defendant assigned claim number 2018FL135128 to the loss. 9. Defendant acknowledged coverage certain damages caused by the loss, but did not provide coverage for all of the damages caused by the loss. 10. Under the terms of both the Policy and Florida Statute §627.701 1(3)(a), Defendant is obligated to initially pay at least the actual cash value of the insured loss, less the policy deductible. Actual cash value (hereafter referred to“ACV”) is defined as replacement cost (hereafter referred to as “RCV”), less depreciation. See, Trinidad v. Florida Peninsula Insurance Company, 121 So. 3d 433 (Fla 2008). 11. Under the terms of both the Policy and Florida Statute §627.7011(3)(a), after the ACV is paid, if Plaintiff chooses to claim RCV, then Defendant need only pay the RCV (being the withheld depreciation), when and if work is performed and expenses are incurred. 12. Defendant breached the policy by failing to pay the full amount of ACV that was due Plaintiff. 13. Defendant acknowledged in writing that there was a dispute regarding the claimed amount of damages prior to the filing of the subject lawsuit. 14. Asadirect and proximate result Defendant’s breach of the insurance policy contract as aforedescribed, Plaintiffs have sustained damages in the amount of the insurance benefits that were and are due Plaintiffs under the terms of the policy as a result of the loss. 15, All conditions precedent to the filing of this action have been met or have been waived. 16. Plaintiffs have been obligated to engage the undersigned attorneys for the prosecution of this action and are entitled to a reasonable attorneys fee thereby pursuant to Fla. Stat. §627.428 and/or §626.9373. DUBOFFWHEREFORE Plaintiffs sue Defendant for damages in excess of $30,000.00, plus statutory interest, court costs and reasonable attorneys fees pursuant to Fla,. Stat., §627.428 and/or §626.9373. PLAINTIFFS DEMANDS A TRIAL BY JURY OF ALL ISSUES TRIABLE AS A MATTER OF RIGHT BY A JURY. DUBOFF LAW FIRM ATTORNEYS FOR PLAINTIFFS 680 N.E. 127 STREET NorTH MIAMI, FLORIDA 33161 TELEPHONE (305) 899-0085 Fax No. (305) 899-0091 EMAIL: COURTDOCUMENT@DUBOFFLAWFIRM.COM By: _/S KENNETH R. DUBOFF KENNETH R. DUBOFF, ESQ. FLA. BAR #218261 DUBOFF