ORLANDO — An insurer is suing a food mart and several individuals to seek declaratory relief.
Atrium 5 Limited filed a complaint in the U.S. District Court for the Middle District of Florida against Mohammad Hossain; Reedh FoodMart, d/b/a Big Brother's Food Mart; Terrell Anderson; Eugene Hall; and George Dallas alleging that they demanded insurance coverage beyond limited scope.
According to the complaint, the plaintiff seeks declaratory relief as to its obligations under the insurance policy that it has issued to Big Brother's Food Mart. Previously there was a shooting incident on the premises of the insured property and it involved Dallas, who was deliberately targeted in retaliation for a robbery he committed, while the two other people on the premises, Hall and Anderson, where shot at for witnessing the crime. However, the policy does not provide coverage for any claims of bodily injury or property damage that resulted from assault or battery.
The plaintiff holds the defendants responsible because they allegedly charged plaintiff with a duty to defend or indemnify pursuant to an insurance policy that excludes coverage for assault/battery.
The plaintiff requests a trial by jury and seeks declaratory judgment of no duty to provide defense or indemnify defendant, costs incurred and such other relief the court deems just. They are represented by Armando P. Rubio of Fields Howell LLP in Miami.
U.S. District Court for the Middle District of Florida Case number 16-cv-01964