Preview
we" CASE NUMBER: 502020CA011700XXXXMB Div: AO ****
Filing # 115632587 E-Filed 10/26/2020 05:50:10 PM
IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
CASE NO.:
SERGIO FARIAS,
Plaintiff,
v.
CENTAURI SPECIALTY INSURANCE COMPANY,
Defendant.
COMPLAINT.
Plaintiff, SERGIO FARIAS, (hereinafter “Plaintiff’) by and through undersigned counsel,
sues the Defendant, (hereinafter “Defendant”), CENTAURI SPECIALTY INSURANCE
COMPANY, and alleges:
NATURE OF ACTION
This is an action for breach of contract, which arises out of the wrongful delay of coverage
and/or refusal to pay by Defendant with respect to a homeowner’s insurance claim made by
Diaintiff
PARTIE: RISDICTI AND VENUE
1. This is an action for damages which exceeds $30,000.00, exclusive of court costs,
attorneys’ fees, and interest, and therefore within the jurisdiction of this Court.
2. Defendant, is a Florida corporation that is authorized to engage in the business of
insurance with Florida citizens, regularly conducts business in Palm Beach County, Florida and
subject to jurisdiction of this Court, which at all times pertinent herein was the property insurer of
Plaintiff for the property located at 22348 Cameo Dr W, Boca Raton, FL 33433, (hereinafter, the
CHEN. DAIAARCACUAAIINTY Cl CUADAND ANY FLED Aninginnon nc-cn.4n DAA
PILL. PAL BLAU VUUINE TT, FL, OHI. DUUN, ULL, bueueucy Ul.uU. tu ivt“Property”) which Defendant issued Plaintiff a valid, binding, and enforceable policy of insurance
bearing policy number CHP5021788, (hereinafter, the “Policy”), Defendant is in possession of a
Certified Copy of the Policy. A request for the Policy has been made and a Certified Copy of the
Policy will be filed with the Court upon receipt.!
3. Plaintiff, is of full age of majority and resident of Palm Beach County, Florida and
is the owner of real and personal property at the Property.
4, This Court has subject matter jurisdiction over these parties for the claims asserted
herein, due to the causes of action arise within the jurisdiction of this court and therefore venue
and jurisdiction are proper.
at This Court has personal jurisdiction over Defendant because: (a) Defendant is
operating, present, and/or doing business in Palm Beach County, Florida and (b) Defendant’s
breaches of contract occurred within Palm Beach County, Florida.
6. Venue of this action is proper in this Court pursuant to Florida Statutes §§ 47.011,
et seq., as the causes of action alleged and all material events giving rise to this suit occurred within
GENERAL ALLEGATIONS TO ALL COUNTS
7. On or about September 10, 2017, SERGIO FARIAS, suffered extensive damage to
the Property, caused by Hurricane Irma (hereinafter, the “Loss”).
! Notwithstanding he requirements of Fla.R.Civ.P. 1.130(a) it is well-established under Florida Law (with analogous
rulings made by every District Court of Appeals in the state) that, “where the complaint alleged that the defendant
was a party to the contract and that the contract was not in the pleader’s possession. . the pleader should be given an
opportunity to establish the contract’s existence by discovery.” Amiker v. Mid-Century Ins. Co., 398 So.2d 974, 975
(Fla. 1st DCA 1981). See also Sachse v. Tampa Music Co., 262 So.2d 17, 19 (Fla. 2d DCA 1972); Parkway General
Hospital, Inc. v. Allstate Ins. Co., 393 So.2d 1171, 1172 (Fla. 34 DCA 1981); Equity Premium Inc. v. Twin City Fire
Ins. Co., 956 So.2d 1257, 1258 (Fla. 4th DCA 2007); Seaboard Coast Line R. Co. v. Brummitt, 390 So.2d 170, 171
(Fla. Sth DCA 1980).8. Upon information and belief, the insurance Policy is an “all risk” policy that covers
all direct physical losses to the Property that are not otherwise excluded. All applicable premiums
were paid to Defendant and the Policy was in full force and effect on or about September 10, 2017.
9. Following the subject incident, Plaintiff timely notified Defendant and/or its
authorized agents of the Loss and Defendant responded by assigning claim number CL17208785
(hereinafter, the “Claim”).
10. | The damages for the Loss and Claim as alleged herein arose as a direct and
proximate result of an act of nature occurred on or about September 10, 2017.
11. Defendant has been afforded the opportunity to fully inspect the Loss, investigate
the cause of the Loss, quantify the amount of the Loss, and did inspect the Loss and the Property.
12. Following the reporting of the Loss, Defendant has refused and/or failed to pay the
Plaintiff the current amount of insurance Policy benefits owed and necessary to repair the Property
to its pre-loss condition.
13. Defendant’s refusal to pay the full amount of insurance benefits due and owing to
Plaintiff was contrary to the terms of the Policy, Florida Statute § 627.70131(5)(a), and is a breach
of said contract of insurance.
14. Plaintiff has complied with all prerequisites, whether denominated conditions
precedent, duties after loss, or otherwise, to receive benefits or proceeds under the above Policy,
or maintain the instant suit for the breach of declaration of said Policy. Alternatively, Defendant
has waived or never had standing to assert any prerequisites, whether denominated as conditions
precedent, duties after loss, or otherwise.
COUNT I- BREACH OF CONTRACT15. Plaintiff re-alleges and incorporates by reference Paragraphs 1 through 14 as if fully
set forth herein and further states:
16. At all material times, Plaintiff was the insured under the Policy issued by
Defendant, which is a binding, valid, and enforceable insurance contract under Florida law.
17. Plaintiff’s Claim resulting from the incident that occurred on or about September
10, 2017, at the Property is covered under the Policy. None of the terms, provisions, conditions,
or exclusions in the Policy applies to bar coverage.
18. Upon information and belief, the Policy requires Defendant to pay for a Loss to
property covered under Section I unless otherwise excluded and within 90 days from receiving
notice of an initial, supplemental, and/or reopened claim. To date, Defendant has refused and/or
failed to tender the insurance benefits necessary to complete the repairs to the Property caused by
the Loss.
19. Defendant, through the acts of its agents, representatives, and/or employees, did not
pay for Plaintiffs damages as a result of the Loss and failed to perform its duties and/or obligations
under the Policy and thus breached the contract of insurance by its acts or omissions as alleged
herein, including but without limitation to fully pay the amount due to Plaintiffs in accordance
with the express terms of the Policy.
20. As a direct, proximate, and natural result of the Defendant’s breach(es), Plaintiff
suffered foreseeable damages, as Plaintiff has been deprived the insurance benefits due and owing
under the Policy.
21. Further, due to Defendant’s breach(es) and refusal to pay Plaintiff the amount due
and owing under the Policy, Plaintiff has been required to retain the services of the undersigned
attorneys to represent and protect Piaintitt’s interests. Thus, Plaintitt has become obligated to paythem a reasonable fee and costs for their services in bringing this action pursuant to Florida Statute
§ 627.428.
WHEREFORE, Plaintiff, SERGIO FARIAS, demands judgment against the Defendant,
CENTAURI SPECIALTY INSURANCE COMPANY, and respectfully requests that the Court
enter an award of general compensatory damages, pre- and post-judgment interest, attorneys’ fees
pursuant to Fla. Stat. § 627.428 including a contingency fee multiplier, costs, and any further relief
this Honorable Court deems equitable, just, and proper.
DEMAND FOR JURY TRIAL
Plaintiff demands a trial by jury on all counts and on all issues so triable.
DESIGNATION OF E-MAIL ADDRESSES
Plaintiffs designate the following e-mail addresses for service of court documents in this
action.
Nadia Pazos, Esq. Nadia@pazoslawgroup.com
E-Service Designation Serviceinsurance@pazoslawgroup.com
Respectfully submitted,
PAZOS LAW GROUP, P.A.
800 Douglas Road, Suite 830
Coral Gables, Florida 33134
T. (305) 330-1643 F. (305) 587-2098
Email: Nadia@pazoslawgroup.com
Service Email: serviceinsurance@pazoslawgroup.com
‘sl Nadia Pazos
Nadia Pazos, Esq. / Florida Bar No.: 89160
Preview
we" CASE NUMBER: 502020CA011700XXXXMB Div: AO **** Filing # 115632587 E-Filed 10/26/2020 05:50:10 PM IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: SERGIO FARIAS, Plaintiff, v. CENTAURI SPECIALTY INSURANCE COMPANY, Defendant. COMPLAINT. Plaintiff, SERGIO FARIAS, (hereinafter “Plaintiff’) by and through undersigned counsel, sues the Defendant, (hereinafter “Defendant”), CENTAURI SPECIALTY INSURANCE COMPANY, and alleges: NATURE OF ACTION This is an action for breach of contract, which arises out of the wrongful delay of coverage and/or refusal to pay by Defendant with respect to a homeowner’s insurance claim made by Diaintiff PARTIE: RISDICTI AND VENUE 1. This is an action for damages which exceeds $30,000.00, exclusive of court costs, attorneys’ fees, and interest, and therefore within the jurisdiction of this Court. 2. Defendant, is a Florida corporation that is authorized to engage in the business of insurance with Florida citizens, regularly conducts business in Palm Beach County, Florida and subject to jurisdiction of this Court, which at all times pertinent herein was the property insurer of Plaintiff for the property located at 22348 Cameo Dr W, Boca Raton, FL 33433, (hereinafter, the CHEN. DAIAARCACUAAIINTY Cl CUADAND ANY FLED Aninginnon nc-cn.4n DAA PILL. PAL BLAU VUUINE TT, FL, OHI. DUUN, ULL, bueueucy Ul.uU. tu ivt“Property”) which Defendant issued Plaintiff a valid, binding, and enforceable policy of insurance bearing policy number CHP5021788, (hereinafter, the “Policy”), Defendant is in possession of a Certified Copy of the Policy. A request for the Policy has been made and a Certified Copy of the Policy will be filed with the Court upon receipt.! 3. Plaintiff, is of full age of majority and resident of Palm Beach County, Florida and is the owner of real and personal property at the Property. 4, This Court has subject matter jurisdiction over these parties for the claims asserted herein, due to the causes of action arise within the jurisdiction of this court and therefore venue and jurisdiction are proper. at This Court has personal jurisdiction over Defendant because: (a) Defendant is operating, present, and/or doing business in Palm Beach County, Florida and (b) Defendant’s breaches of contract occurred within Palm Beach County, Florida. 6. Venue of this action is proper in this Court pursuant to Florida Statutes §§ 47.011, et seq., as the causes of action alleged and all material events giving rise to this suit occurred within GENERAL ALLEGATIONS TO ALL COUNTS 7. On or about September 10, 2017, SERGIO FARIAS, suffered extensive damage to the Property, caused by Hurricane Irma (hereinafter, the “Loss”). ! Notwithstanding he requirements of Fla.R.Civ.P. 1.130(a) it is well-established under Florida Law (with analogous rulings made by every District Court of Appeals in the state) that, “where the complaint alleged that the defendant was a party to the contract and that the contract was not in the pleader’s possession. . the pleader should be given an opportunity to establish the contract’s existence by discovery.” Amiker v. Mid-Century Ins. Co., 398 So.2d 974, 975 (Fla. 1st DCA 1981). See also Sachse v. Tampa Music Co., 262 So.2d 17, 19 (Fla. 2d DCA 1972); Parkway General Hospital, Inc. v. Allstate Ins. Co., 393 So.2d 1171, 1172 (Fla. 34 DCA 1981); Equity Premium Inc. v. Twin City Fire Ins. Co., 956 So.2d 1257, 1258 (Fla. 4th DCA 2007); Seaboard Coast Line R. Co. v. Brummitt, 390 So.2d 170, 171 (Fla. Sth DCA 1980).8. Upon information and belief, the insurance Policy is an “all risk” policy that covers all direct physical losses to the Property that are not otherwise excluded. All applicable premiums were paid to Defendant and the Policy was in full force and effect on or about September 10, 2017. 9. Following the subject incident, Plaintiff timely notified Defendant and/or its authorized agents of the Loss and Defendant responded by assigning claim number CL17208785 (hereinafter, the “Claim”). 10. | The damages for the Loss and Claim as alleged herein arose as a direct and proximate result of an act of nature occurred on or about September 10, 2017. 11. Defendant has been afforded the opportunity to fully inspect the Loss, investigate the cause of the Loss, quantify the amount of the Loss, and did inspect the Loss and the Property. 12. Following the reporting of the Loss, Defendant has refused and/or failed to pay the Plaintiff the current amount of insurance Policy benefits owed and necessary to repair the Property to its pre-loss condition. 13. Defendant’s refusal to pay the full amount of insurance benefits due and owing to Plaintiff was contrary to the terms of the Policy, Florida Statute § 627.70131(5)(a), and is a breach of said contract of insurance. 14. Plaintiff has complied with all prerequisites, whether denominated conditions precedent, duties after loss, or otherwise, to receive benefits or proceeds under the above Policy, or maintain the instant suit for the breach of declaration of said Policy. Alternatively, Defendant has waived or never had standing to assert any prerequisites, whether denominated as conditions precedent, duties after loss, or otherwise. COUNT I- BREACH OF CONTRACT15. Plaintiff re-alleges and incorporates by reference Paragraphs 1 through 14 as if fully set forth herein and further states: 16. At all material times, Plaintiff was the insured under the Policy issued by Defendant, which is a binding, valid, and enforceable insurance contract under Florida law. 17. Plaintiff’s Claim resulting from the incident that occurred on or about September 10, 2017, at the Property is covered under the Policy. None of the terms, provisions, conditions, or exclusions in the Policy applies to bar coverage. 18. Upon information and belief, the Policy requires Defendant to pay for a Loss to property covered under Section I unless otherwise excluded and within 90 days from receiving notice of an initial, supplemental, and/or reopened claim. To date, Defendant has refused and/or failed to tender the insurance benefits necessary to complete the repairs to the Property caused by the Loss. 19. Defendant, through the acts of its agents, representatives, and/or employees, did not pay for Plaintiffs damages as a result of the Loss and failed to perform its duties and/or obligations under the Policy and thus breached the contract of insurance by its acts or omissions as alleged herein, including but without limitation to fully pay the amount due to Plaintiffs in accordance with the express terms of the Policy. 20. As a direct, proximate, and natural result of the Defendant’s breach(es), Plaintiff suffered foreseeable damages, as Plaintiff has been deprived the insurance benefits due and owing under the Policy. 21. Further, due to Defendant’s breach(es) and refusal to pay Plaintiff the amount due and owing under the Policy, Plaintiff has been required to retain the services of the undersigned attorneys to represent and protect Piaintitt’s interests. Thus, Plaintitt has become obligated to paythem a reasonable fee and costs for their services in bringing this action pursuant to Florida Statute § 627.428. WHEREFORE, Plaintiff, SERGIO FARIAS, demands judgment against the Defendant, CENTAURI SPECIALTY INSURANCE COMPANY, and respectfully requests that the Court enter an award of general compensatory damages, pre- and post-judgment interest, attorneys’ fees pursuant to Fla. Stat. § 627.428 including a contingency fee multiplier, costs, and any further relief this Honorable Court deems equitable, just, and proper. DEMAND FOR JURY TRIAL Plaintiff demands a trial by jury on all counts and on all issues so triable. DESIGNATION OF E-MAIL ADDRESSES Plaintiffs designate the following e-mail addresses for service of court documents in this action. Nadia Pazos, Esq. Nadia@pazoslawgroup.com E-Service Designation Serviceinsurance@pazoslawgroup.com Respectfully submitted, PAZOS LAW GROUP, P.A. 800 Douglas Road, Suite 830 Coral Gables, Florida 33134 T. (305) 330-1643 F. (305) 587-2098 Email: Nadia@pazoslawgroup.com Service Email: serviceinsurance@pazoslawgroup.com ‘sl Nadia Pazos Nadia Pazos, Esq. / Florida Bar No.: 89160