An individual seeks declaratory relief from MetLife due to car accident

By Jenie Mallari-Torres | Oct 26, 2016

KISSIMMEE — An individual is suing Metropolitan Casualty Insurance Company, an insurer, to seek declaratory relief.

Vanessa Zoll filed a complaint on Oct. 14, in the Osceola County Circuit Court against Metropolitan Casualty Insurance Company alleging that the insurer breached its duty of good faith and fair dealing.

According to the complaint, the plaintiff alleges that, on Nov. 9, 2015, she was traveling on Old Canoe Creek Road in St. Cloud, when a motor vehicle driven by a certain Lisa Sanzone struck her vehicle, which caused plaintiff to suffer bodily injury, disability, loss of earnings, and incurred medical expenses. At the time of the accident, the plaintiff maintained an insurance policy for underinsured/uninsured motorist coverage. However, the defendant asserts that the plaintiff signed an election/refection form, although plaintiff denies signing or authorizing any signing on her behalf. 

The plaintiff holds Metropolitan Casualty Insurance Company responsible because the defendant allegedly denied/disputed that the policy provides uninsured/undeerinsured motorist coverage, caused plaintiff to retain and pay for legal counsel and falsely accused plaintiff of signing a computer-generated form that rejects uninsured motorists coverage.

The plaintiff requests a trial by jury and seeks judgment against the defendant, declaratory relief for entitlement to coverage benefits, damages in excess of $15,000, attorney's fees, costs and further relief as the court deems proper. She is represented by Matthew D. Pardy and Daniel P. Osterndorf of Pardy & Rodriguez PA in Orlando.

Osceola County Circuit Court Case number 6:16-cv-01788

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