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Case Number: CACE-19-021689 Division: 13
Filing # 97551803 E-Filed 10/18/2019 11:09:14 PM
IN THE CIRCUIT COURT FOR THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
CIVIL DIVISION
KAMLA & HEMENDRA CHAUDHARI, CASE NO.:
Plaintiffs,
SAFEPOINT INSURANCE COMPANY,
Defendant.
/
COMPLAINT FOR BREACH OF CONTRACT
AND DEMAND FOR JURY TRIAL
COMES NOW, the Plaintiffs, KAMLA & HEMENDRA CHAUDHARI, (hereinafter
referred to as “Plaintiffs”), by and through undersigned counsel, files this their Complaint for
Breach of Contract and Demand for Jury Trial against the Defendant, SAFEPOINT
INSURANCE COMPANY, (hereinafter referred to as “SAFEPOINT”) and as grounds therefore,
state as follows:
GENERAL ALLEGATIONS
1. The amount in controversy in this action exceeds the sum of Fifteen Thousand and
00/100 ($15,000.00) Dollars, exclusive of pre-judgment interest.
2. At all times relevant hereto, Plaintiffs were and are residents of Broward County,
Florida.
3. Upon information and belief, at all times relevant hereto, SAFEPOINT was and is a
Florida corporation doing business in the state of Florida.
4. Upon information and belief, SAFEPOINT is an insurance carrier authorized by the
State of Florida to engage in the business of insurance with Florida citizens.
5. In consideration of the premium paid to it by Plaintiffs, SAFEPOINT provided to
Plaintiffs in Broward County, Florida, a Homeowners Insurance Policy, Policy No.:
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/18/2019 11:09:13 PM.****SPIH1185779-01-0500 (“The Policy”), which was in full force and effect at the time damage
occurred as a result of Hurricane Irma damage at the insured property located at 7620 NW 20"
Court, Hollywood, FL. 33024, (A copy of Policy No.: SPIH1185779-01-0500 will be filed once
it is received).
BREACH OF CONTRACT
6. This is an action against SAFEPOINT for damage from their breach of an insurance
contract that was in effect at the time of the loss.
7. On or about September 10, 2017, Plaintiffs’ insured home was damaged as a result of
Hurricane Irma.
8. Plaintiffs timely reported the Hurricane Irma damage to SAFEPOINT.
9. In response, SAFEPOINT assigned the Hurricane Irma damage loss claim number
32205.
10. The aforementioned hurricane damaged the insureds’ residence and insured property
which has adversely affected Plaintiffs causing substantial hardship.
11. SAFEPOINT has not fully indemnified Plaintiffs with regard to the losses arising out
of the Hurricane Irma damage. This was a breach of The Policy.
12. Plaintiffs have suffered a substantial loss regarding the insured property and continue
to suffer the loss.
13. Plaintiffs has complied with all conditions precedent prior to filing this suit.
14. Notwithstanding the foregoing, SAFEPOINT has failed and/or refused to provide full
coverage under The Policy for the damages to Plaintiffs’ insured property and SAFEPOINT has
failed to fully indemnify Plaintiffs for the covered losses and have thereby breached its contract
for insurance.
15. As a direct result of SAFEPOINT’S breach of its insurance contract, Plaintiffs have
lost benefits of the insured property, and continue to suffer the loss.
16. As a direct result of SAFEPOINT’S breach of its insurance contract, Plaintiffs were
required to hire the undersigned attorney and have become obligated for attorney’s fees and costsin connection with the prosecution of this action, and Florida Statute §627.428 provides for the
payment of attomey’s fees in the event of such need.
WHEREFORE, Plaintiffs, KAMLA & HEMENDRA CHAUDHARI, prays this Court
enters an award against Defendant, SAFEPOINT INSURANCE COMPANY, of compensatory
damages, pre-judgment interest, costs of this action, attorney’s fees; and such other relief as this
Court may deem just and proper. Plaintiffs also demand a trial by jury on all issues so triable.
Dated: October 18" 2019.
THE KHAN LAW FIRM
Attorney for Plaintiff,
1521 Alton Road, Suite 784
Miami Beach, FL 33139
(786) 376-6050 Phone
Primary: neilk@khanlaw.attorney
By: 4/Neil M. Khan
Neil M. Khan, Esquire
Florida Bar No.: 637017
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Case Number: CACE-19-021689 Division: 13 Filing # 97551803 E-Filed 10/18/2019 11:09:14 PM IN THE CIRCUIT COURT FOR THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CIVIL DIVISION KAMLA & HEMENDRA CHAUDHARI, CASE NO.: Plaintiffs, SAFEPOINT INSURANCE COMPANY, Defendant. / COMPLAINT FOR BREACH OF CONTRACT AND DEMAND FOR JURY TRIAL COMES NOW, the Plaintiffs, KAMLA & HEMENDRA CHAUDHARI, (hereinafter referred to as “Plaintiffs”), by and through undersigned counsel, files this their Complaint for Breach of Contract and Demand for Jury Trial against the Defendant, SAFEPOINT INSURANCE COMPANY, (hereinafter referred to as “SAFEPOINT”) and as grounds therefore, state as follows: GENERAL ALLEGATIONS 1. The amount in controversy in this action exceeds the sum of Fifteen Thousand and 00/100 ($15,000.00) Dollars, exclusive of pre-judgment interest. 2. At all times relevant hereto, Plaintiffs were and are residents of Broward County, Florida. 3. Upon information and belief, at all times relevant hereto, SAFEPOINT was and is a Florida corporation doing business in the state of Florida. 4. Upon information and belief, SAFEPOINT is an insurance carrier authorized by the State of Florida to engage in the business of insurance with Florida citizens. 5. In consideration of the premium paid to it by Plaintiffs, SAFEPOINT provided to Plaintiffs in Broward County, Florida, a Homeowners Insurance Policy, Policy No.: *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/18/2019 11:09:13 PM.****SPIH1185779-01-0500 (“The Policy”), which was in full force and effect at the time damage occurred as a result of Hurricane Irma damage at the insured property located at 7620 NW 20" Court, Hollywood, FL. 33024, (A copy of Policy No.: SPIH1185779-01-0500 will be filed once it is received). BREACH OF CONTRACT 6. This is an action against SAFEPOINT for damage from their breach of an insurance contract that was in effect at the time of the loss. 7. On or about September 10, 2017, Plaintiffs’ insured home was damaged as a result of Hurricane Irma. 8. Plaintiffs timely reported the Hurricane Irma damage to SAFEPOINT. 9. In response, SAFEPOINT assigned the Hurricane Irma damage loss claim number 32205. 10. The aforementioned hurricane damaged the insureds’ residence and insured property which has adversely affected Plaintiffs causing substantial hardship. 11. SAFEPOINT has not fully indemnified Plaintiffs with regard to the losses arising out of the Hurricane Irma damage. This was a breach of The Policy. 12. Plaintiffs have suffered a substantial loss regarding the insured property and continue to suffer the loss. 13. Plaintiffs has complied with all conditions precedent prior to filing this suit. 14. Notwithstanding the foregoing, SAFEPOINT has failed and/or refused to provide full coverage under The Policy for the damages to Plaintiffs’ insured property and SAFEPOINT has failed to fully indemnify Plaintiffs for the covered losses and have thereby breached its contract for insurance. 15. As a direct result of SAFEPOINT’S breach of its insurance contract, Plaintiffs have lost benefits of the insured property, and continue to suffer the loss. 16. As a direct result of SAFEPOINT’S breach of its insurance contract, Plaintiffs were required to hire the undersigned attorney and have become obligated for attorney’s fees and costsin connection with the prosecution of this action, and Florida Statute §627.428 provides for the payment of attomey’s fees in the event of such need. WHEREFORE, Plaintiffs, KAMLA & HEMENDRA CHAUDHARI, prays this Court enters an award against Defendant, SAFEPOINT INSURANCE COMPANY, of compensatory damages, pre-judgment interest, costs of this action, attorney’s fees; and such other relief as this Court may deem just and proper. Plaintiffs also demand a trial by jury on all issues so triable. Dated: October 18" 2019. THE KHAN LAW FIRM Attorney for Plaintiff, 1521 Alton Road, Suite 784 Miami Beach, FL 33139 (786) 376-6050 Phone Primary: neilk@khanlaw.attorney By: 4/Neil M. Khan Neil M. Khan, Esquire Florida Bar No.: 637017