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UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
CASE NO.:
FM FL PROPERTIES LLC ,
Plaintiff,
vs.
THE HARTFORD
INSURANCE COMPANY OF
THE SOUTHEAST ,
Defendant.
/
COMPLAINT
Plaintiff, FM FL PROPERTIES LLC , by and through undersigned counsel,
hereby sues the Defendant, THE HARTFORD INSURANCE COMPANY OF THE
SOUTHEAST , and states as follows:
1. This is an action for breach of contract wherein Plaintiff seeks damages for
more than $30,000.
2. Plaintiff, FM FL PROPERTIES LLC , is sui juris and is a resident of Lee
County, Florida.
3. Defendant is, upon information and belief, a corporation duly authorized to
conduct business in the State of Florida, and which does, in fact, issue policies of insurance
in Lee County, Florida. As such, venue is proper in the Middle District of Florida pu rsuant
to 42 U.S.C. § 4072 .
4. Defendant issued a homeowner’s insurance policy to Plaintiff, bearing
policy number 87061006092019 , which insured the residence located at 10651 Gladiolus
Drive Fort Myers, FL 33905, for all relevant times herein. A copy of the policy will be
obtained in discovery.Case 2:23-cv-00358-SPC-K_D Document 1 Filed 05/21/23 Page 1 of 3 PageID 1
5. On or about September 28, 2022, a while the subject policy was in full force and
effect, Plaintiff’s property suffered from flood damage . These damages are covered under the
subject policy.
6. As such, Plaintiff filed a claim with Defendant and said claim was assigned Claim
412615 .
7. Plaintiff complied with and performed all conditions precedent under the subject
policy for the recovery of benefits and/or said conditions were waived by Defendant.
8. On October 26, 2022, Defendant inspected Plaintiff’s property.
9. On January 24, 2023, Defendant prepared an estimate and issued a payment for
less than the amount of its estimate based on its assessment of Plaintiff’s property as strictly a
mobile home when it was registered as real property with the property appraiser. Despite making
Defendant aware of this classification, Defendant has refused to pay additional funds for
Plaintiff’s damag es.
10. Defendant, therefore, has breached the terms of the subject contract of insurance by
failing to pay the benefits which became due and owing to Plaintiff as a result of the covered loss.
11. As a result of Defendant’s breach, Plaintiff has suffered damages in the amount of
insurance benefits due and owing to him under the subject policy.
WHEREFORE, Plaintiff, FM FL PROPERTIES LLC , demands judgment against the
Defendant, THE HARTFORD INSURANCE COMPANY OF THE SOUTHEAST , for damages and
interest thereon, (ii) and such other and further relief as this court deems just and proper.
DEMAND FOR JURY TRIAL
Plaintiff demands a trial by jury of all issues so triable as of right by jury. Case 2:23-cv-00358-SPC-K_D Document 1 Filed 05/21/23 Page 2 of 3 PageID 2
Dated this 21st day of May 2023.
The Desir Law Firm, P.A.
Attorney for Plaintiff
1580 Corporate Parkway, Suite 130
Sunrise, FL 33323
Tel: 954 -848-2912
Fax: 888 -616-7608
Email: [email protected]
Email: [email protected]
Email: [email protected]
Email: [email protected]
By:/s/ Leonard Desir, Jr
Leonard R. Desir, Jr., Esq.
Florida Bar No. 98928
Case 2:23-cv-00358-SPC-K_D Document 1 Filed 05/21/23 Page 3 of 3 PageID 3