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Filing # 119804376 E-Filed 01/19/2021 09:06:25 AM
IN THE CIRCUIT COURT OF THE
TWENTIETH JUDICIAL CIRCUIT IN AND
FOR LEE COUNTY, FLORIDA
CASE NUMBER:
JOSEPH AND PATRICIA WELSH,
Plaintiffs,
v.
TOWER HILL PRIME INSURANCE
COMPANY,
Defendant.
/
COMPLAINT & DEMAND FOR JURY TRIAL
COMES NOW, Plaintiff, Joseph and Patricia Welsh, by and through the undersigned
counsel and sues Defendant, Tower Hill Prime Insurance Company, and alleges as follows:
1. This is an action for breach of contract with damages greater than Thirty
Thousand Dollars ($30,000.00), exclusive of interest, costs, and attorney’s fees.
2. At all material times hereto, Plaintiff, Joseph and Patricia Welsh (hereinafter
“Plaintiff’), was and is a Florida resident.
3. At all material times hereto, Defendant, Tower Hill Prime Insurance Company,
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 Lee County, Florida.
4. Jurisdiction and venue of this matter are proper in Circuit Court for Lee County,
Florida.
eFiled Lee County Clerk of Courts Page 15. Prior to September 8, 2020, Plaintiff sought and purchased homeowner’s
insurance from Defendant to cover their property located at 16703 CROWNSBURY WAY,
FORT MYERS FL 33908, (hereinafter “Plaintiff's Property”). Said policy of insurance, which is
believed to be policy number E001736162 (hereinafter “Plaintiff's Policy”), was issued by
Defendant to Plaintiff to provide insurance coverage which included, but was not limited to,
coverage afforded to protect Plaintiff's Property against wind and water damage.
6. Plaintiff's Policy was in full force and effect as of September 8, 2020. A formal
copy of the Plaintiff's Policy is not currently in the possession of Plaintiff, but 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 4th DCA 2007); Amiker v. Mid-Century Ins.
Co.,398 So.2d 974 (Fla 1st DCA 1981); Parkway General Hospital, Inc. v. Allstate Ins. Co., 393
So.2d 1171 (Fla. 3d DCA 1981) and Sasche v. Tampa Music Co., 262 So.2d 17( Fla. 2d DCA
1972).
7. On or about September 8, 2020, Plaintiff's Property was damaged by a wind and
water event. Said wind and water 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.
eFiled Lee County Clerk of Courts Page 2COUNT I - BREACH OF CONTRACT AGAINST DEFENDANT.
COMES NOW, Plaintiff, Joseph and Patricia Welsh, by and through the undersigned
counsel and sues Defendant, Tower Hill Prime Insurance Company, 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.
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. As a 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.
eFiled Lee County Clerk of Courts Page 3WHEREFORE, Plaintiff, Joseph and Patricia Welsh, by and through the undersigned
counsel, demands judgment against Defendant, Tower Hill Prime Insurance Company, 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
demands trial by jury.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this document will be served on
Defendant along with the Summons in this action.
Date: January 19, 2021
/s/Hershal E. Spangler II
COHEN LAW GROUP
Hershal E. Spangler III, Esq.
Florida Bar Number: 1011117
FOR THE FIRM
350 North Lake Destiny Road
Maitland, Florida 32751
Phone: (407) 478-4878
Fax: (407) 478-0204
Primary: hspangler@itsaboutjustice.law
Secondary: cara@itsaboutjustice.law
eFiled Lee County Clerk of Courts Page 4
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Filing # 119804376 E-Filed 01/19/2021 09:06:25 AM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA CASE NUMBER: JOSEPH AND PATRICIA WELSH, Plaintiffs, v. TOWER HILL PRIME INSURANCE COMPANY, Defendant. / COMPLAINT & DEMAND FOR JURY TRIAL COMES NOW, Plaintiff, Joseph and Patricia Welsh, by and through the undersigned counsel and sues Defendant, Tower Hill Prime Insurance Company, and alleges as follows: 1. This is an action for breach of contract with damages greater than Thirty Thousand Dollars ($30,000.00), exclusive of interest, costs, and attorney’s fees. 2. At all material times hereto, Plaintiff, Joseph and Patricia Welsh (hereinafter “Plaintiff’), was and is a Florida resident. 3. At all material times hereto, Defendant, Tower Hill Prime Insurance Company, 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 Lee County, Florida. 4. Jurisdiction and venue of this matter are proper in Circuit Court for Lee County, Florida. eFiled Lee County Clerk of Courts Page 15. Prior to September 8, 2020, Plaintiff sought and purchased homeowner’s insurance from Defendant to cover their property located at 16703 CROWNSBURY WAY, FORT MYERS FL 33908, (hereinafter “Plaintiff's Property”). Said policy of insurance, which is believed to be policy number E001736162 (hereinafter “Plaintiff's Policy”), was issued by Defendant to Plaintiff to provide insurance coverage which included, but was not limited to, coverage afforded to protect Plaintiff's Property against wind and water damage. 6. Plaintiff's Policy was in full force and effect as of September 8, 2020. A formal copy of the Plaintiff's Policy is not currently in the possession of Plaintiff, but 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 4th DCA 2007); Amiker v. Mid-Century Ins. Co.,398 So.2d 974 (Fla 1st DCA 1981); Parkway General Hospital, Inc. v. Allstate Ins. Co., 393 So.2d 1171 (Fla. 3d DCA 1981) and Sasche v. Tampa Music Co., 262 So.2d 17( Fla. 2d DCA 1972). 7. On or about September 8, 2020, Plaintiff's Property was damaged by a wind and water event. Said wind and water 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. eFiled Lee County Clerk of Courts Page 2COUNT I - BREACH OF CONTRACT AGAINST DEFENDANT. COMES NOW, Plaintiff, Joseph and Patricia Welsh, by and through the undersigned counsel and sues Defendant, Tower Hill Prime Insurance Company, 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. 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. As a 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. eFiled Lee County Clerk of Courts Page 3WHEREFORE, Plaintiff, Joseph and Patricia Welsh, by and through the undersigned counsel, demands judgment against Defendant, Tower Hill Prime Insurance Company, 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 demands trial by jury. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this document will be served on Defendant along with the Summons in this action. Date: January 19, 2021 /s/Hershal E. Spangler II COHEN LAW GROUP Hershal E. Spangler III, Esq. Florida Bar Number: 1011117 FOR THE FIRM 350 North Lake Destiny Road Maitland, Florida 32751 Phone: (407) 478-4878 Fax: (407) 478-0204 Primary: hspangler@itsaboutjustice.law Secondary: cara@itsaboutjustice.law eFiled Lee County Clerk of Courts Page 4