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Case Number: CACE-19-021709 Division: 04
Filing # 97525615 E-Filed 10/18/2019 02:27:05 PM
IN THE CIRCUIT COURT FOR THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
CIVIL DIVISION
DAVID TOLEDO and BRANDEE TOLEDO, CASE NO.:
Plaintiffs,
AMERICAN INTEGRITY INSURANCE COMPANY
OF FLORIDA,
Defendant.
/
COMPLAINT FOR BREACH OF CONTRACT
AND DEMAND FOR JURY TRIAL
COMES NOW, the Plaintiffs, DAVID TOLEDO and BRANDEE TOLEDO,
(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,
AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDA, (hereinafter referred to as
“AMERICAN INTEGRITY”) 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, AMERICAN INTEGRITY
was and is a Florida corporation doing business in the state of Florida.
4. Upon information and belief, AMERICAN INTEGRITY is an insurance carrier
authorized by the State of Florida to engage in the business of insurance with Florida citizens.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/18/2019 02:27:04 PM.****5. In consideration of the premium paid to it by Plaintiffs, AMERICAN INTEGRITY
provided to Plaintiffs in Broward County, Florida, a Homeowners Insurance Policy, Policy No.:
AGH113552 (“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 3880 SW 168" Terrace,
Miramar, FL. 33027, (A copy of Policy No.: AGH113552 will be filed once it is received).
BREACH OF CONTRACT
6. This is an action against AMERICAN INTEGRITY 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 AMERICAN INTEGRITY.
9. In response, AMERICAN INTEGRITY assigned the Hurricane Irma damage loss
claim number CHO-00075779.
10. The aforementioned hurricane damaged the insureds’ residence and insured property
which has adversely affected Plaintiffs causing substantial hardship.
11. AMERICAN INTEGRITY 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
continues to suffer the loss.
13. Plaintiffs has complied with all conditions precedent prior to filing this suit.
14. Notwithstanding the foregoing, AMERICAN INTEGRITY has failed and/or refused
to provide full coverage under The Policy for the damages to Plaintiffs’ insured property and
AMERICAN INTEGRITY has failed to fully indemnify Plaintiffs for the covered losses and
have thereby breached its contract for insurance.
15. As a direct result of AMERICAN INTEGRITY’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 AMERICAN INTEGRITY’S breach of its insurance contract,
Plaintiffs were required to hire the undersigned attorney and have become obligated for
attorney’s fees and costs in connection with the prosecution of this action, and Florida Statute
§627.428 provides for the payment of attorney’s fees in the event of such need.
WHEREFORE, Plaintiffs, DAVID TOLEDO and BANDEE TOLEDO, prays this Court
enters an award against Defendant, AMERICAN INTEGRITY INSURANCE COMPANY OF
FLORIDA, 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 17" 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-19-021709 Division: 04 Filing # 97525615 E-Filed 10/18/2019 02:27:05 PM IN THE CIRCUIT COURT FOR THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CIVIL DIVISION DAVID TOLEDO and BRANDEE TOLEDO, CASE NO.: Plaintiffs, AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDA, Defendant. / COMPLAINT FOR BREACH OF CONTRACT AND DEMAND FOR JURY TRIAL COMES NOW, the Plaintiffs, DAVID TOLEDO and BRANDEE TOLEDO, (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, AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDA, (hereinafter referred to as “AMERICAN INTEGRITY”) 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, AMERICAN INTEGRITY was and is a Florida corporation doing business in the state of Florida. 4. Upon information and belief, AMERICAN INTEGRITY is an insurance carrier authorized by the State of Florida to engage in the business of insurance with Florida citizens. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/18/2019 02:27:04 PM.****5. In consideration of the premium paid to it by Plaintiffs, AMERICAN INTEGRITY provided to Plaintiffs in Broward County, Florida, a Homeowners Insurance Policy, Policy No.: AGH113552 (“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 3880 SW 168" Terrace, Miramar, FL. 33027, (A copy of Policy No.: AGH113552 will be filed once it is received). BREACH OF CONTRACT 6. This is an action against AMERICAN INTEGRITY 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 AMERICAN INTEGRITY. 9. In response, AMERICAN INTEGRITY assigned the Hurricane Irma damage loss claim number CHO-00075779. 10. The aforementioned hurricane damaged the insureds’ residence and insured property which has adversely affected Plaintiffs causing substantial hardship. 11. AMERICAN INTEGRITY 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 continues to suffer the loss. 13. Plaintiffs has complied with all conditions precedent prior to filing this suit. 14. Notwithstanding the foregoing, AMERICAN INTEGRITY has failed and/or refused to provide full coverage under The Policy for the damages to Plaintiffs’ insured property and AMERICAN INTEGRITY has failed to fully indemnify Plaintiffs for the covered losses and have thereby breached its contract for insurance. 15. As a direct result of AMERICAN INTEGRITY’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 AMERICAN INTEGRITY’S breach of its insurance contract, Plaintiffs were required to hire the undersigned attorney and have become obligated for attorney’s fees and costs in connection with the prosecution of this action, and Florida Statute §627.428 provides for the payment of attorney’s fees in the event of such need. WHEREFORE, Plaintiffs, DAVID TOLEDO and BANDEE TOLEDO, prays this Court enters an award against Defendant, AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDA, 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 17" 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