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Filing # 139814315 E-Filed 12/06/2021 05:14:07 PM
IN THE CIRCUIT COURT OF THE
FIFTH JUDICIAL CIRCUIT IN AND FOR
LAKE COUNTY, FLORIDA
CASE NUMBER: 2021-CA-001607
JOAN KOENIG,
PLAINTIFF,
Vv.
UNITED PROPERTY & CASUALTY
INSURANCE COMPANY,
DEFENDANT.
/
AMENDED COMPLAINT & DEMAND FOR JURY TRIAL
COMES NOW, Plaintiff, Joan Koenig, by and through the undersigned counsel and sues
Defendant, United Property & Casualty 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, Joan Koenig (hereinafter “Plaintiff’), was
and is a Florida resident.
3 At all material times hereto, Defendant, United Property & Casualty 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 Lake County, Florida.
4 Jurisdiction and venue of this matter are proper in circuit Court for Lake County,
Florida.
5 Prior to May 21, 2020, Plaintiff sought and purchased homeowner’s insurance
from Defendant to cover their property located at 2970 Mediterranean Loop Tavares, Florida
FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 12/07/2021 03:37:52 PM.
32778, (hereinafter “Plaintiff's Property”). Said policy of insurance, which is believed to be
policy number UHV344952207 (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/or hailstorm damage.
6 Plaintiffs Policy was in full force and effect as of May 21, 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 Ist DCA 1981); Parkway General Hospital, Inc. y. 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 May 21, 2020, Plaintiffs Property was damaged by a wind and/or
hailstorm event. Said wind and/or hailstorm 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.
COUNT I - BREACH OF CONTRACT AGAINST DEFENDANT
COMES NOW, Plaintiff, Joan Koenig, by and through the undersigned counsel and sues
Defendant, United Property & Casualty 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 Plaintiffs 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.
WHEREFORE, Plaintiff, Joan Koenig, by and through the undersigned counsel,
demands judgment against Defendant, United Property & Casualty 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: December 6, 2021
/s/Thomas Renda
COHEN LAW GROUP
Thomas Renda, Esq.
Florida Bar Number: 1022420
FOR THE FIRM
350 North Lake Destiny Road
Maitland, Florida 32751
Phone: (407) 478-4878
Fax: (407) 478-0204
Primary: trenda@itsaboutjustice.law
Secondary: robert.klineline@itsaboutjustice.law
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Filing # 139814315 E-Filed 12/06/2021 05:14:07 PM IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR LAKE COUNTY, FLORIDA CASE NUMBER: 2021-CA-001607 JOAN KOENIG, PLAINTIFF, Vv. UNITED PROPERTY & CASUALTY INSURANCE COMPANY, DEFENDANT. / AMENDED COMPLAINT & DEMAND FOR JURY TRIAL COMES NOW, Plaintiff, Joan Koenig, by and through the undersigned counsel and sues Defendant, United Property & Casualty 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, Joan Koenig (hereinafter “Plaintiff’), was and is a Florida resident. 3 At all material times hereto, Defendant, United Property & Casualty 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 Lake County, Florida. 4 Jurisdiction and venue of this matter are proper in circuit Court for Lake County, Florida. 5 Prior to May 21, 2020, Plaintiff sought and purchased homeowner’s insurance from Defendant to cover their property located at 2970 Mediterranean Loop Tavares, Florida FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 12/07/2021 03:37:52 PM. 32778, (hereinafter “Plaintiff's Property”). Said policy of insurance, which is believed to be policy number UHV344952207 (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/or hailstorm damage. 6 Plaintiffs Policy was in full force and effect as of May 21, 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 Ist DCA 1981); Parkway General Hospital, Inc. y. 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 May 21, 2020, Plaintiffs Property was damaged by a wind and/or hailstorm event. Said wind and/or hailstorm 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. COUNT I - BREACH OF CONTRACT AGAINST DEFENDANT COMES NOW, Plaintiff, Joan Koenig, by and through the undersigned counsel and sues Defendant, United Property & Casualty 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 Plaintiffs 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. WHEREFORE, Plaintiff, Joan Koenig, by and through the undersigned counsel, demands judgment against Defendant, United Property & Casualty 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: December 6, 2021 /s/Thomas Renda COHEN LAW GROUP Thomas Renda, Esq. Florida Bar Number: 1022420 FOR THE FIRM 350 North Lake Destiny Road Maitland, Florida 32751 Phone: (407) 478-4878 Fax: (407) 478-0204 Primary: trenda@itsaboutjustice.law Secondary: robert.klineline@itsaboutjustice.law