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Filing # 94090772 E-Filed 08/13/2019 02:05:50 PM
IN THE CIRCUIT COURT OF THE
FOURTEENTH JUDICIAL CIRCUIT IN
AND FOR BAY COUNTY, FLORIDA
CASE NO.: 19003073CA
REROOF AMERICA CONTRACTORS FL, LLC
A/A/O HOLLY HANCE,
Plaintiff,
Vv.
PEOPLE’S TRUST INSURANCE COMPANY
a for-profit FLORIDA Corporation,
Defendant.
/
COMPLAINT
COMES NOW, REROOF AMERICA CONTRACTORS FL, LLC A/A/O HOLLY
HANCE, the Plaintiff, by and through the undersigned attorney and sues Defendant, PEOPLE’S
TRUST INSURANCE COMPANY, a corporation authorized and doing business in the State of
Florida, and alleges as follows:
JURISDICTION
1. This is an action for damages that exceeds Fifteen Thousand and 00/100 ($15,000.00)
Dollars.
2. Plaintiff is the assignee of HOLLY HANCE, either by written, oral or equitable
assignment, and has standing to bring this suit.
3. This is an action for breach of contract by Plaintiff as the assignee of HOLLY HANCE.
4. This is also a petition for declaratory judgment pursuant to Chapter 86 of the Florida
Statutes.5. Defendant is a FLORIDA corporation authorized and doing business in the State of
Florida and does business, has offices and/or maintains agents for transacting business in
Orange County, Florida.
FACTUAL BASIS
6. Plaintiffs assignor sought homeowners’ insurance coverage from Defendant to cover
structural damage to her properties. Specifically, the property located at 6304 Lakeshore
Drive, Panama City, FL 32404.
7. A policy of homeowners insurance, including the coverage to protect Plaintiff's assignor
against loss by damage caused from wind, was issued by Defendant and was in full force
and effect as to Plaintiff's assignor when her home was damaged by wind during the
period of time in which coverage for this loss existed. A copy of the policy is in the
control of Defendant and discovery has been sought from Defendant to produce same.
8. Asa result, Plaintiff's assignor sustained structural damage to her dwelling and incurred
additional mitigation expenses, as a direct result of the wind damages.
9. Plaintiffs assignor sought reimbursement for expenses from Defendant for damage done
to HOLLY HANCE dwelling and has not been fully compensated by Defendant.
COUNT I- BREACH OF CONTRACT
Plaintiff adapts and re-alleges paragraphs 1 — 3, and 5-9 above and further alleges:
10. Plaintiff and/or Plaintiff's assignor has performed all conditions precedent to entitle
Plaintiff to recover under the policy, but Defendant wrongfully refused and continues to
refuse payment for all of Plaintiff's covered losses.
11. Defendant’s refusal is a breach of contract.12. Defendant has failed to pay the statutory interest, penalties and the statutory attorney’s
fees required by law.
13. Plaintiff is and remains fully prepared to comply with its obligations pursuant to the
aforesaid policy of insurance.
14. Because of Defendant's refusal to pay Plaintiffs assignor’s losses, it has become
necessary that Plaintiff retains the services of the undersigned attorney. Plaintiff is
obligated to pay a reasonable fee for the attorney's services in bringing this action, plus
necessary costs.
WHEREFORE, Plaintiff demands judgment against Defendant for all covered losses with
interest on any overdue payments, attorney's fees and costs, pursuant to Fla. Stat. §627.428 and
§57.104 and demands trial by jury.
COUNT Il - DECLARATORY ACTION
Plaintiff adapts and re-alleges paragraphs 1 — 2 and 4-9 above and further alleges,
15. This is an action for declaratory relief pursuant to Chapter 86, Florida Statutes.
16. Plaintiff is a direct beneficiary of its contract with Defendant, by virtue of standing in the
shoes of the insured.
17. Plaintiff believes it is entitled to coverage for the damages caused as described above
under its insurance policy with Defendant, including but not limited to coverage under
the policy and payment of all funds necessary to meet code approval.
18. Defendant alleges it is not liable and/or has unreasonably delayed acceptance of all
coverages/damages owed under the policy to Plaintiff for all sums due under the terms
and conditions of the insurance policy at issue and continues to deny/delay Plaintiffs
claim.19. As a result, Plaintiff has been placed in doubt as to its rights under the policy and is in
need of immediate judicial determination of those rights, status or other equitable or legal
relations thereunder.
20. Plaintiff has an actual, bona fide, present and practical need for the declaration.
21. The declaration will deal with the facts presented in paragraphs 1 — 2 and 4-9 and the
rights of the Plaintiff are dependent on the facts or the law applicable to the facts.
22. Defendant has an adverse interest in the subject matter, which is before the court.
23. The Court’s declaration is not merely giving legal advice.
24. Because of Defendant's refusal to pay the covered losses, it has become necessary that
Plaintiff retain the services of the undersigned attorney. Plaintiff is obligated to pay a
reasonable fee for the attorney's services in bringing this action, plus necessary costs.
WHEREFORE, Plaintiff requests that:
a) That the Court issue a Declaratory Judgment that the initial policy of homeowners
insurance covering the Plaintiff provides coverage for all of the claims submitted by the Plaintiff,
including for the wind damage sustained by the residence:
b) That the Court declare that the Plaintiff is entitled to a claim for attorney’s fees
against Defendant under Florida Statute § 627.428 and costs pursuant to Florida Statute §92.231
and Florida Statute §57.041 and determine the amount thereof:
c) That the Court declare that each policy provision not in conformity with Florida
law be amended to comply with Florida law:
d) That the Court declare that any ambiguities in the statute or policy be construed in
favor of coverage:e) That the Court follow Florida law in declaring that the statutes and policy
provisions are to be construed strictly and most strongly against the insurer, and liberally in favor
of the insured, so as to effect the dominant purpose of indemnity or payment to the insured:
f) That the Court determine and declare any other material matters pertaining to the
coverage or otherwise as to the respective rights and responsibilities under the policy as needed
to do to complete justice in this case.
Plaintiff further demands trial by jury of all issues so triable in Count I and II of the
Complaint and judgment that Plaintiff is entitled to benefits as contemplated by the insurance
policy, as well as judgment against Defendant for all covered losses with interest on any overdue
payments, attorney’s fees pursuant to F.S. §627.428, §57.041, and §92.231, and costs.
WHEREFORE, Plaintiff demands judgment against Defendant for all covered losses with
interest on any overdue payments, attorney's fees and costs, pursuant to
Fla. Stat. §627.428 and §57.104 and demands trial by jury.
DATED this 13th day of August, 2019.
/s/ Lee Jacobson
Lee Jacobson, Esquire
Hale, Hale & Jacobson P.A.
Florida Bar No.: 0577928
2876 South Osceola Avenue
Orlando, FL 32806
Phone: (407)425-4640
Fax: (407)425-4641
Attorney for Plaintiff
Primary Email: lee@hhjlegal.com
Secondary Email: monica@hhjlegal.com
Preview
Filing # 94090772 E-Filed 08/13/2019 02:05:50 PM IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT IN AND FOR BAY COUNTY, FLORIDA CASE NO.: 19003073CA REROOF AMERICA CONTRACTORS FL, LLC A/A/O HOLLY HANCE, Plaintiff, Vv. PEOPLE’S TRUST INSURANCE COMPANY a for-profit FLORIDA Corporation, Defendant. / COMPLAINT COMES NOW, REROOF AMERICA CONTRACTORS FL, LLC A/A/O HOLLY HANCE, the Plaintiff, by and through the undersigned attorney and sues Defendant, PEOPLE’S TRUST INSURANCE COMPANY, a corporation authorized and doing business in the State of Florida, and alleges as follows: JURISDICTION 1. This is an action for damages that exceeds Fifteen Thousand and 00/100 ($15,000.00) Dollars. 2. Plaintiff is the assignee of HOLLY HANCE, either by written, oral or equitable assignment, and has standing to bring this suit. 3. This is an action for breach of contract by Plaintiff as the assignee of HOLLY HANCE. 4. This is also a petition for declaratory judgment pursuant to Chapter 86 of the Florida Statutes.5. Defendant is a FLORIDA corporation authorized and doing business in the State of Florida and does business, has offices and/or maintains agents for transacting business in Orange County, Florida. FACTUAL BASIS 6. Plaintiffs assignor sought homeowners’ insurance coverage from Defendant to cover structural damage to her properties. Specifically, the property located at 6304 Lakeshore Drive, Panama City, FL 32404. 7. A policy of homeowners insurance, including the coverage to protect Plaintiff's assignor against loss by damage caused from wind, was issued by Defendant and was in full force and effect as to Plaintiff's assignor when her home was damaged by wind during the period of time in which coverage for this loss existed. A copy of the policy is in the control of Defendant and discovery has been sought from Defendant to produce same. 8. Asa result, Plaintiff's assignor sustained structural damage to her dwelling and incurred additional mitigation expenses, as a direct result of the wind damages. 9. Plaintiffs assignor sought reimbursement for expenses from Defendant for damage done to HOLLY HANCE dwelling and has not been fully compensated by Defendant. COUNT I- BREACH OF CONTRACT Plaintiff adapts and re-alleges paragraphs 1 — 3, and 5-9 above and further alleges: 10. Plaintiff and/or Plaintiff's assignor has performed all conditions precedent to entitle Plaintiff to recover under the policy, but Defendant wrongfully refused and continues to refuse payment for all of Plaintiff's covered losses. 11. Defendant’s refusal is a breach of contract.12. Defendant has failed to pay the statutory interest, penalties and the statutory attorney’s fees required by law. 13. Plaintiff is and remains fully prepared to comply with its obligations pursuant to the aforesaid policy of insurance. 14. Because of Defendant's refusal to pay Plaintiffs assignor’s losses, it has become necessary that Plaintiff retains the services of the undersigned attorney. Plaintiff is obligated to pay a reasonable fee for the attorney's services in bringing this action, plus necessary costs. WHEREFORE, Plaintiff demands judgment against Defendant for all covered losses with interest on any overdue payments, attorney's fees and costs, pursuant to Fla. Stat. §627.428 and §57.104 and demands trial by jury. COUNT Il - DECLARATORY ACTION Plaintiff adapts and re-alleges paragraphs 1 — 2 and 4-9 above and further alleges, 15. This is an action for declaratory relief pursuant to Chapter 86, Florida Statutes. 16. Plaintiff is a direct beneficiary of its contract with Defendant, by virtue of standing in the shoes of the insured. 17. Plaintiff believes it is entitled to coverage for the damages caused as described above under its insurance policy with Defendant, including but not limited to coverage under the policy and payment of all funds necessary to meet code approval. 18. Defendant alleges it is not liable and/or has unreasonably delayed acceptance of all coverages/damages owed under the policy to Plaintiff for all sums due under the terms and conditions of the insurance policy at issue and continues to deny/delay Plaintiffs claim.19. As a result, Plaintiff has been placed in doubt as to its rights under the policy and is in need of immediate judicial determination of those rights, status or other equitable or legal relations thereunder. 20. Plaintiff has an actual, bona fide, present and practical need for the declaration. 21. The declaration will deal with the facts presented in paragraphs 1 — 2 and 4-9 and the rights of the Plaintiff are dependent on the facts or the law applicable to the facts. 22. Defendant has an adverse interest in the subject matter, which is before the court. 23. The Court’s declaration is not merely giving legal advice. 24. Because of Defendant's refusal to pay the covered losses, it has become necessary that Plaintiff retain the services of the undersigned attorney. Plaintiff is obligated to pay a reasonable fee for the attorney's services in bringing this action, plus necessary costs. WHEREFORE, Plaintiff requests that: a) That the Court issue a Declaratory Judgment that the initial policy of homeowners insurance covering the Plaintiff provides coverage for all of the claims submitted by the Plaintiff, including for the wind damage sustained by the residence: b) That the Court declare that the Plaintiff is entitled to a claim for attorney’s fees against Defendant under Florida Statute § 627.428 and costs pursuant to Florida Statute §92.231 and Florida Statute §57.041 and determine the amount thereof: c) That the Court declare that each policy provision not in conformity with Florida law be amended to comply with Florida law: d) That the Court declare that any ambiguities in the statute or policy be construed in favor of coverage:e) That the Court follow Florida law in declaring that the statutes and policy provisions are to be construed strictly and most strongly against the insurer, and liberally in favor of the insured, so as to effect the dominant purpose of indemnity or payment to the insured: f) That the Court determine and declare any other material matters pertaining to the coverage or otherwise as to the respective rights and responsibilities under the policy as needed to do to complete justice in this case. Plaintiff further demands trial by jury of all issues so triable in Count I and II of the Complaint and judgment that Plaintiff is entitled to benefits as contemplated by the insurance policy, as well as judgment against Defendant for all covered losses with interest on any overdue payments, attorney’s fees pursuant to F.S. §627.428, §57.041, and §92.231, and costs. WHEREFORE, Plaintiff demands judgment against Defendant for all covered losses with interest on any overdue payments, attorney's fees and costs, pursuant to Fla. Stat. §627.428 and §57.104 and demands trial by jury. DATED this 13th day of August, 2019. /s/ Lee Jacobson Lee Jacobson, Esquire Hale, Hale & Jacobson P.A. Florida Bar No.: 0577928 2876 South Osceola Avenue Orlando, FL 32806 Phone: (407)425-4640 Fax: (407)425-4641 Attorney for Plaintiff Primary Email: lee@hhjlegal.com Secondary Email: monica@hhjlegal.com