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Filing # 123586817 E-Filed 03/23/2021 11:58:02 AM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
CIVIL DIVISION
JUNIA ALVA and OLIVIA ALVA,
Plaintiffs,
CASE NO:
v.
STATE FARM FLORIDA
INSURANCE COMPANY ,
Defendant.
/
COMPLAINT
COME NOW the Plaintiffs, JUNIA ALVA and OLIVIA ALVA (hereinafter “Plaintiffs”),
by and through undersigned counsel, and file this Complaint against the Defendant STATE FARM
FLORIDA INSURANCE COMPANY (hereinafter “Defendant’), and as grounds therefore, state
as follows:
General Allegations
1. At all times relevant hereto, Defendant, STATE FARM FLORIDA INSURANCE
COMPANY, was an insurance company organized and existing under the laws of the State of
Florida and doing business in the State of Florida and specifically in Osceola County with
Plaintiffs.
2. The amount in controversy in this action is greater than Thirty Thousand Dollars ($30,000.00)
exclusive of pre-judgment interest, court costs, and attorney's fees.
Count I-Breach of Contract
3. Plaintiffs re-allege each and every allegation set forth in Paragraphs 1 through 2 above, as if
fully set forth herein.
4. This is an action for damages for breach of insurance contract against Defendant.10.
11.
12.
In consideration of the premium paid to it, Defendant issued to Plaintiffs a contract of insurance,
Policy No. 80-BW-A493-9, which was in full force and effect at the time of the loss and damage
to the insured premises located at 2745 N. Narcoossee Road, Saint Cloud, FL 34771 (hereinafter
“Insured Property”). Plaintiffs do not have a complete copy of the Policy; however, a complete
copy of the Policy has been requested from Defendant and will be produced during discovery.
During the effective period of the insurance policy, Plaintiffs’ Insured Property suffered direct
physical damage and loss.
On or about June 22, 2020, Plaintiffs’ Insured Property was damaged as a result of wind created
breach of building envelope and ensuing water and mold losses, a peril for which the policy of
insurance issued by Defendant provides coverage.
The sudden and unexpected loss caused by wind created breach of building envelope and
ensuing water and mold losses caused Plaintiffs to sustain loss to the covered structure and its
roof as well as the interior of the insured property.
The sudden and unexpected loss caused by wind created breach of building envelope and
ensuing water and mold losses caused Plaintiffs to incur additional expenses and will continue
to cause expenses and loss.
Plaintiffs have made a timely claim for the damage and loss.
Plaintiffs have requested that Defendant pay Plaintiffs for Plaintiffs’ damages, but Defendant
has failed and refused and continues to refuse to fully pay the aforementioned damages.
The Plaintiffs have done and performed all those matters and things properly required of
Plaintiffs under the insurance policy or, alternatively, has been excused from performance by
the acts, or omissions of Defendant.13. Notwithstanding the foregoing, Defendant has failed or refused to provide full coverage under
the insurance policy and has failed to pay promptly the full amounts due and has thereby
breached the contract of insurance.
4. Asa direct result of Defendant’s breach of insurance contract, Plaintiffs have been financially
damaged and continue to suffer damage and loss.
5. Defendant further breached the insurance contract by failing to comply with the appraisal
provision in the contract of insurance.
6. On or about December 14, 2020 the Plaintiffs demanded appraisal.
7. The insurance contract required Defendant to name its appraiser within 20-days of the appraisal
demand and participate in the appraisal process, but Defendant failed to do so.
8. Asa result of Defendant’s breach of the insurance contract, it has become necessary for Plaintiffs
to incur and become obligated for attorney's fees and costs in connection with the prosecution
of this action. Plaintiffs are entitled to have Defendant pay said fees and costs pursuant to section
627.428 and/or 626.9373, Florida Statutes.
WHEREFORE, the Plaintiffs pray this Court enter judgment in Plaintiffs’ favor and against
STATE FARM FLORIDA INSURANCE COMPANY for damages including actual and
compensatory damages, pre-judgment interest, costs of this action, attorney’s fees, and such other and
further relief as this Court may deem appropriate.JURY TRIAL DEMANDED
Plaintiffs request a trial by jury on all issues so triable.
Dated: March 23, 2021
Respectfully submitted,
KRAPF LEGAL, P.A.
/s/ Grant W. Krapf, Esq.
GRANT W. KRAPF, ESQ.
FBN: 072058
2790 Sunset Point Road
Clearwater, FL 33759
Telephone: (727) 777-7450
E-mail: grant@krapflegal.com
assist(@krapflegal.com
Counsel for Plaintiffs
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Filing # 123586817 E-Filed 03/23/2021 11:58:02 AM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA CIVIL DIVISION JUNIA ALVA and OLIVIA ALVA, Plaintiffs, CASE NO: v. STATE FARM FLORIDA INSURANCE COMPANY , Defendant. / COMPLAINT COME NOW the Plaintiffs, JUNIA ALVA and OLIVIA ALVA (hereinafter “Plaintiffs”), by and through undersigned counsel, and file this Complaint against the Defendant STATE FARM FLORIDA INSURANCE COMPANY (hereinafter “Defendant’), and as grounds therefore, state as follows: General Allegations 1. At all times relevant hereto, Defendant, STATE FARM FLORIDA INSURANCE COMPANY, was an insurance company organized and existing under the laws of the State of Florida and doing business in the State of Florida and specifically in Osceola County with Plaintiffs. 2. The amount in controversy in this action is greater than Thirty Thousand Dollars ($30,000.00) exclusive of pre-judgment interest, court costs, and attorney's fees. Count I-Breach of Contract 3. Plaintiffs re-allege each and every allegation set forth in Paragraphs 1 through 2 above, as if fully set forth herein. 4. This is an action for damages for breach of insurance contract against Defendant.10. 11. 12. In consideration of the premium paid to it, Defendant issued to Plaintiffs a contract of insurance, Policy No. 80-BW-A493-9, which was in full force and effect at the time of the loss and damage to the insured premises located at 2745 N. Narcoossee Road, Saint Cloud, FL 34771 (hereinafter “Insured Property”). Plaintiffs do not have a complete copy of the Policy; however, a complete copy of the Policy has been requested from Defendant and will be produced during discovery. During the effective period of the insurance policy, Plaintiffs’ Insured Property suffered direct physical damage and loss. On or about June 22, 2020, Plaintiffs’ Insured Property was damaged as a result of wind created breach of building envelope and ensuing water and mold losses, a peril for which the policy of insurance issued by Defendant provides coverage. The sudden and unexpected loss caused by wind created breach of building envelope and ensuing water and mold losses caused Plaintiffs to sustain loss to the covered structure and its roof as well as the interior of the insured property. The sudden and unexpected loss caused by wind created breach of building envelope and ensuing water and mold losses caused Plaintiffs to incur additional expenses and will continue to cause expenses and loss. Plaintiffs have made a timely claim for the damage and loss. Plaintiffs have requested that Defendant pay Plaintiffs for Plaintiffs’ damages, but Defendant has failed and refused and continues to refuse to fully pay the aforementioned damages. The Plaintiffs have done and performed all those matters and things properly required of Plaintiffs under the insurance policy or, alternatively, has been excused from performance by the acts, or omissions of Defendant.13. Notwithstanding the foregoing, Defendant has failed or refused to provide full coverage under the insurance policy and has failed to pay promptly the full amounts due and has thereby breached the contract of insurance. 4. Asa direct result of Defendant’s breach of insurance contract, Plaintiffs have been financially damaged and continue to suffer damage and loss. 5. Defendant further breached the insurance contract by failing to comply with the appraisal provision in the contract of insurance. 6. On or about December 14, 2020 the Plaintiffs demanded appraisal. 7. The insurance contract required Defendant to name its appraiser within 20-days of the appraisal demand and participate in the appraisal process, but Defendant failed to do so. 8. Asa result of Defendant’s breach of the insurance contract, it has become necessary for Plaintiffs to incur and become obligated for attorney's fees and costs in connection with the prosecution of this action. Plaintiffs are entitled to have Defendant pay said fees and costs pursuant to section 627.428 and/or 626.9373, Florida Statutes. WHEREFORE, the Plaintiffs pray this Court enter judgment in Plaintiffs’ favor and against STATE FARM FLORIDA INSURANCE COMPANY for damages including actual and compensatory damages, pre-judgment interest, costs of this action, attorney’s fees, and such other and further relief as this Court may deem appropriate.JURY TRIAL DEMANDED Plaintiffs request a trial by jury on all issues so triable. Dated: March 23, 2021 Respectfully submitted, KRAPF LEGAL, P.A. /s/ Grant W. Krapf, Esq. GRANT W. KRAPF, ESQ. FBN: 072058 2790 Sunset Point Road Clearwater, FL 33759 Telephone: (727) 777-7450 E-mail: grant@krapflegal.com assist(@krapflegal.com Counsel for Plaintiffs