FORT MYERS — An insurance company is suing Van Emmerik Custom Homes Inc., Priyajeev Trika and Julie Trika, individuals, seeking declaratory relief.
Mid-Continent Casualty Co. filed a complaint in the U.S. District Court for the Middle District of Florida against the defendants alleging that they demanded insurance coverage beyond limited scope.
According to the complaint, the plaintiff alleges that Mid-Continent Casualty Co. entered into three pertinent contracts of insurance with defendant Van Emmerick Custom Homes Inc., effective from July 5, 2012 through July 5, 2013. Defendant is a general contractor hired by defendants Priyajeez and Julie Trikas for construction of their residential property. On April 27, the Trikas filed a complaint for damages to the project caused by a number of defects. The plaintiff's duty to indemnify is limited to pay damages caused by an occurrence and not the costs of repair or replacement. The plaintiff holds Van Emmerik Custom Homes Inc., Priyajeev Trika and Julie Trika responsible because the defendants allegedly caused plaintiff to suffer monetary losses, including counsel fees, and claimed benefits that were not covered by the policy.
The plaintiff requests a trial by jury and seeks to find and declare that it has no obligation to indemnify Van Emmerik Custom Homes Inc. for its pre-tender attorneys' fees and costs in connection to the Trikas' claims. They are represented by Ronald L. Kammer, Pedro E. Hernandez and Logan G. Haine-Roberts of Hinshaw & Culbertson LLP in Coral Gables.
U.S. District Court for the Middle District of Florida Case number 16-cv-00819