Putnam, Clay residents say insurance company failed to pay benefits due

By Jenie Mallari-Torres | Feb 17, 2017

PALATKA — Putnam County and Clay County residents are suing Atlantic Specialty Insurance Co., citing alleged breach of contract.

Kimberly Moore and Dawn Daro, as parent and natural guardian of Kevin Daro, filed a complaint in the Putnam Circuit Court against the insurance company alleging that it breached its duty of good faith and fair dealing.

According to the complaint, the plaintiffs allege that they seek to recover insurance benefits upon the death of Neil Daro on April 14, 2015. Moore is a named beneficiary under the terms of the policy and is entitled to recover the occupational accidental death benefit of $50,000 or alternatively the $10,000 non-occupational death benefit. Kevin Daro, through his parent Dawn Daro, is a minor child and a dependent of the insured decedent and becomes entitled to receive occupational survivor benefits in the amount of $200,000 or $1,000 monthly. The plaintiffs hold Atlantic Specialty Insurance Co. responsible because the defendant allegedly breached the insurance contract by failing to pay benefits due and owing to plaintiffs and caused plaintiff to retain and pay for counsel.

The plaintiffs request a trial by jury and seek declaratory judgment that plaintiffs are each entitled to benefits under the terms of the policy and further relief, including costs, attorney's fees and interest. They are represented by Rob T. Cook of Rob Cook Attorney At Law PA in St. Augustine.

Putnam Circuit Court Case number 16-cv-01441

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