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FLORIDA RECORD

Wednesday, May 1, 2024

Tamarac property owners allege insurer failed to cover water damage

Lawsuits
Insurance 02

FORT LAUDERDALE — Tamarac property owners are suing an insurer, alleging breach of an insurance contract.

Jose Gutierrez Calle and Marisol Hernandez Garcia filed a complaint on July 17, in the Broward Circuit Court against Citizens Property Insurance Corporation, alleging failure to cover water damage. 

According to the complaint, on Feb. 9, the plaintiffs' insured property at 8101 Princess Palm Circle Unit 26 in Tamarac, sustained a covered loss as a result of sudden and accidental discharge of water from plumbing in the bathroom. However, the suit says, Citizens Property has failed or refused to provide coverage for damages to the property. 

The plaintiffs allege Citizens Property Insurance has failed to acknowledge coverage for the loss, failed to acknowledge that payment would be forthcoming and failed to make any payment of insurance proceeds to the plaintiffs.

Calle and Garcia seek trial by jury, damages up to $15,000, plus interest, court costs and attorney fees. They are represented by attorneys Anthony M. Lopez and Annette Del Aguila of Marin, Eljaiek, Lopez & Martinez PL in Coconut Grove.

Broward Circuit Court case number CACE-18-17100

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