Preview
Filing #56609799 E-Filed 05/18/2017 11:24:46 AM
IN THE CIRCUIT COURT IN AND FOR ORANGE COUNTY, FLORIDA,
MARIA LAFLEUR, CASE NO.
Plaintiff,
VS,
UNIVERSAL PROPERTY & CASUALTY
INSURANCE COMPANY,
Defendant.
COMPLAINT FOR DAMAGES
Florida Bar #218261
COMES NOW Plaintiff, MARIA LAFLEUR, by and through the undersigned attorneys, and
hereby sue Defendant and alleges:
1 This is an action for damages in excess of $15,000.00.
2. Atall times material hereto, Plaintiff was and is a resident 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 Atall times material hercto, in consideration of premiums paid by Plaintiff, there was
in full force and effect certain insurance policy being Policy number 1501-1505-9861 (hereafter
called the "Policy"). Plaintiff does not have a true and complete copy of the Policy, but Defendant
has a true and correct copy of the Policy. Plaintiff reserves 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 Plaintiff against certain losses to
Plaintiff's homestead property located at 1710 N Powers Drive, Orlando, Florida 32818 (hereafter
called the “property”).
7 On or about 7-5-2015, while the Policy was in full force and effect, Plaintiff suffered
acovered water damage loss.
8 Defendant assigned claim number FL16-0100672 to the loss.
9 Defendant acknowledged coverage for the loss.
10. Under the terms of both the Policy and Florida Statute §627.7011(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).
ll. 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 made a unilateral determination based upon its own adjuster’s estimate as
to the scope of the loss constituting the total amount due for ACV and found it to be less than the
policy deductible. A copy of Defendant’s letter of 3/23/2016 is attached hereto as Exhibit “A.”
13. Plaintiff notified Defendant that Plaintiff was in disagreement as to Defendant’s
unilateral determination as to the total amount of ACV that was due and owing to Plaintiff, and
submitted an estimate to Defendant evidencing substantial differences in the respective parties’
evaluations as to the scope of the loss constituting the amount of ACV that was required to initially
be paid, as well as the differences in the estimated RCV.
14, Notwithstanding Plaintiffs contention that Defendant failed to initially pay at least
the full amount of ACV and has submitted to Defendant an estimate of the loss evidencing the
substantial underpayment of the ACV, Defendant has failed and/or refused to pay any more ACV
than the amount of its own adjuster’s unilateral estimate of the ACV.
15. As a direct and proximate result Defendant’s breach of the insurance policy
contract as aforedescribed, Plaintiff has sustained damages in the amount of the insurance
benefits that were and are due Plaintiff under the terms of the policy as a result of the loss.
16. All conditions precedent to the filing of this action have been met or have been
waived.
17. Plaintiff has 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
WHEREFORE Plaintiff sues Defendant for damages in excess of $15,000.00, plus
statutory interest pursuant to §627.70131(5)(a) Fla. Stat., court costs and reasonable attorneys
fees pursuant to Fla,. Stat., §627.428
PLAINTIFF DEMANDS A TRIAL BY JURY OF ALL ISSUES TRIABLE AS A
MATTER OF RIGHT BY A JURY,
DuBOrFF LAW FIRM
ATTORNEYS FOR PLAINTIFF
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, Dusorr, Esq,
FLA. BAR
# 218261
Tea Che
AVTURUN(HREM CH TNE
COT
py
03/23/2016
MARIA ‘LAFLEUR and MARIA LAFLEUR
1710 N Powers Dr
Orlando, FL.32818-5966
FL16-0100672
VIA REGULAR & CERTIFIED MATL:
917199 9991 7036 2260 5348
RE: Polley Number: 1504-1100;2553
Claim Number: FL16-0100672
Date of Loss: 07/05/2015
First Notice of Loss: 04/11/2041
Insured: MARIA LAFLEUR P
Dear Insured:
y
We have completed our investi ation of the above referenced claim, After
careful consideration we have concluded
loss. “Therefore, we must respectfully deny
that coverage does not apply t 4 the interlor and contents portion of your
these areas of your clalm.
wind or hail. damaged to the.foof,‘water. penetrated
The Inspectian was completedjand it was.d latermined that-due to
and caused damage to the Intetlor ofthe dwel ling. There was
no evidence of any visible openings observed to the roof
system, and damage was Isolajed to the shingles.
Based on the above, wt e ara'hereby denying coverage In con nection with
this claim for the interior and contents portion
of your loss. However, the ensuing roof damages are covered and an est imate has been prepared and enclosed with
(é fell below your $2,800.00
this fetter. We have cons! idered the ensulng damages to the dwelling; however the estimat
policy deductible.
PERILS INSURED AGAINST, We have cited the pertinent
Please.refer to your policy forrn, HO 00 08.04 914, Section! -
language below for your ease of reference.
PERILS INSURED AGAINST + page 5 of 15
es A, B and C caused by a peril listed: below
We insure for direct physical logs'to the property described in Coverag
unless the loss [s excluded in SECTION | ~ EXCLUSIONS.
4, Flr or lightning...
2, Windstorm or hall.
ed In a building eqused by
This perll does not Ine! Jude Idss to the Inside of a bulldi ing or the.properly contain s the building causing an
rain, snow, 8! loot, sand or dust unless the directf wind of hail damage
opening. This peril
9 ing.In.aye f or wall
N and|tiie-raln,
Includes loas to watercraftand thelr tral
show, sleet, ¢ or dust enters
llors, furnishings, equipment,
4
i
ani
hi
v ‘ough,
-outboa
this
rd éng ine s only
of motors,
while inside a fully enclosed billdivig.
3, Explogloii..
4, Rlot or civil Gominotion.
6: Alreraft,
8. Vehicles.
1119 Ww.Commercial Bivd. Suite 305 Fort Lauderda 33309
FL le,
{| Ph, 954-958-1205 1-800-470-0599 Fax, 954-958-1206
Sanat
3B%
i fA
7. Smoke,
8. Vandallsm or malicious mischief.
9. Theft
10, Volcanle eruption
to raise additional
ny resetves all rights under the policy provisions
Universal Property and Gasualty Insurance Compa
coverage defenses as they bedo! ine known to us
in the fulure.
process. Should
mer service to our policyholders t! hroughout the clair
We are committed to providing superior custo further consideration of your ¢laim, ple: ase do so at your earliest
for
< ion al| formation
you wish to provide additi
signed with any questions regarding this co
frespondence or
opportunity, Please do nol t hesilalé to contact the under
any aspect of your clainn.
Sincerely,
/s/ John Moynagh
Claims Adjuster
ct. Expert Public Adjust er:
4755 WEST BROAD' WAY STREET
Oviedo, FL 32765
FL18-0100872
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Filing #56609799 E-Filed 05/18/2017 11:24:46 AM IN THE CIRCUIT COURT IN AND FOR ORANGE COUNTY, FLORIDA, MARIA LAFLEUR, CASE NO. Plaintiff, VS, UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. COMPLAINT FOR DAMAGES Florida Bar #218261 COMES NOW Plaintiff, MARIA LAFLEUR, by and through the undersigned attorneys, and hereby sue Defendant and alleges: 1 This is an action for damages in excess of $15,000.00. 2. Atall times material hereto, Plaintiff was and is a resident 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 Atall times material hercto, in consideration of premiums paid by Plaintiff, there was in full force and effect certain insurance policy being Policy number 1501-1505-9861 (hereafter called the "Policy"). Plaintiff does not have a true and complete copy of the Policy, but Defendant has a true and correct copy of the Policy. Plaintiff reserves 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 Plaintiff against certain losses to Plaintiff's homestead property located at 1710 N Powers Drive, Orlando, Florida 32818 (hereafter called the “property”). 7 On or about 7-5-2015, while the Policy was in full force and effect, Plaintiff suffered acovered water damage loss. 8 Defendant assigned claim number FL16-0100672 to the loss. 9 Defendant acknowledged coverage for the loss. 10. Under the terms of both the Policy and Florida Statute §627.7011(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). ll. 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 made a unilateral determination based upon its own adjuster’s estimate as to the scope of the loss constituting the total amount due for ACV and found it to be less than the policy deductible. A copy of Defendant’s letter of 3/23/2016 is attached hereto as Exhibit “A.” 13. Plaintiff notified Defendant that Plaintiff was in disagreement as to Defendant’s unilateral determination as to the total amount of ACV that was due and owing to Plaintiff, and submitted an estimate to Defendant evidencing substantial differences in the respective parties’ evaluations as to the scope of the loss constituting the amount of ACV that was required to initially be paid, as well as the differences in the estimated RCV. 14, Notwithstanding Plaintiffs contention that Defendant failed to initially pay at least the full amount of ACV and has submitted to Defendant an estimate of the loss evidencing the substantial underpayment of the ACV, Defendant has failed and/or refused to pay any more ACV than the amount of its own adjuster’s unilateral estimate of the ACV. 15. As a direct and proximate result Defendant’s breach of the insurance policy contract as aforedescribed, Plaintiff has sustained damages in the amount of the insurance benefits that were and are due Plaintiff under the terms of the policy as a result of the loss. 16. All conditions precedent to the filing of this action have been met or have been waived. 17. Plaintiff has 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 WHEREFORE Plaintiff sues Defendant for damages in excess of $15,000.00, plus statutory interest pursuant to §627.70131(5)(a) Fla. Stat., court costs and reasonable attorneys fees pursuant to Fla,. Stat., §627.428 PLAINTIFF DEMANDS A TRIAL BY JURY OF ALL ISSUES TRIABLE AS A MATTER OF RIGHT BY A JURY, DuBOrFF LAW FIRM ATTORNEYS FOR PLAINTIFF 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, Dusorr, Esq, FLA. BAR # 218261 Tea Che AVTURUN(HREM CH TNE COT py 03/23/2016 MARIA ‘LAFLEUR and MARIA LAFLEUR 1710 N Powers Dr Orlando, FL.32818-5966 FL16-0100672 VIA REGULAR & CERTIFIED MATL: 917199 9991 7036 2260 5348 RE: Polley Number: 1504-1100;2553 Claim Number: FL16-0100672 Date of Loss: 07/05/2015 First Notice of Loss: 04/11/2041 Insured: MARIA LAFLEUR P Dear Insured: y We have completed our investi ation of the above referenced claim, After careful consideration we have concluded loss. “Therefore, we must respectfully deny that coverage does not apply t 4 the interlor and contents portion of your these areas of your clalm. wind or hail. damaged to the.foof,‘water. penetrated The Inspectian was completedjand it was.d latermined that-due to and caused damage to the Intetlor ofthe dwel ling. There was no evidence of any visible openings observed to the roof system, and damage was Isolajed to the shingles. Based on the above, wt e ara'hereby denying coverage In con nection with this claim for the interior and contents portion of your loss. However, the ensuing roof damages are covered and an est imate has been prepared and enclosed with (é fell below your $2,800.00 this fetter. We have cons! idered the ensulng damages to the dwelling; however the estimat policy deductible. PERILS INSURED AGAINST, We have cited the pertinent Please.refer to your policy forrn, HO 00 08.04 914, Section! - language below for your ease of reference. PERILS INSURED AGAINST + page 5 of 15 es A, B and C caused by a peril listed: below We insure for direct physical logs'to the property described in Coverag unless the loss [s excluded in SECTION | ~ EXCLUSIONS. 4, Flr or lightning... 2, Windstorm or hall. ed In a building eqused by This perll does not Ine! Jude Idss to the Inside of a bulldi ing or the.properly contain s the building causing an rain, snow, 8! loot, sand or dust unless the directf wind of hail damage opening. This peril 9 ing.In.aye f or wall N and|tiie-raln, Includes loas to watercraftand thelr tral show, sleet, ¢ or dust enters llors, furnishings, equipment, 4 i ani hi v ‘ough, -outboa this rd éng ine s only of motors, while inside a fully enclosed billdivig. 3, Explogloii.. 4, Rlot or civil Gominotion. 6: Alreraft, 8. Vehicles. 1119 Ww.Commercial Bivd. Suite 305 Fort Lauderda 33309 FL le, {| Ph, 954-958-1205 1-800-470-0599 Fax, 954-958-1206 Sanat 3B% i fA 7. Smoke, 8. Vandallsm or malicious mischief. 9. Theft 10, Volcanle eruption to raise additional ny resetves all rights under the policy provisions Universal Property and Gasualty Insurance Compa coverage defenses as they bedo! ine known to us in the fulure. process. Should mer service to our policyholders t! hroughout the clair We are committed to providing superior custo further consideration of your ¢laim, ple: ase do so at your earliest for < ion al| formation you wish to provide additi signed with any questions regarding this co frespondence or opportunity, Please do nol t hesilalé to contact the under any aspect of your clainn. Sincerely, /s/ John Moynagh Claims Adjuster ct. Expert Public Adjust er: 4755 WEST BROAD' WAY STREET Oviedo, FL 32765 FL18-0100872