TAMPA – A motorist allegedly injured in a Tampa collision is seeking declaratory relief regarding an insurance dispute.
William Lawrence filed a complaint on Sept. 28 in the 13th Judicial Circuit Court for Hillsborough County against Ace American Insurance Co., Benjamin Wintersteen and United Services Automobile Association seeking declaratory relief.
According to the complaint, the plaintiff alleges that on Aug. 12, 2014, he was driving near Dale Mabry, when Wintersteen's rented motor vehicle collided with plaintiff. Wintersteen's vehicle was rented by his employer for official business use and insured through Ace American, the suit states.
The plaintiff filed suit for damages against Wintersteen and USA in May 2015, the suit states, but Ace American has denied coverage and refused to defend and indemnify Wintersteen. The plaintiff alleges he is a potential third-party beneficiary of Ace American.
The plaintiff requests a trial by jury and seeks declaratory judgment to determine existence of coverage under Ace American and that it owes duty to defend and or indemnify, attorney's fees and costs, and any other relief that the court deems just. He is represented by Laura A. Turbe and Dereck G. Capaz of Capaz Law Firm in Tampa.
13th Judicial Circuit Court for Hillsborough County Case number 8:16-cv-02765