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FLORIDA RECORD

Friday, March 29, 2024

Fort Lauderdale property owners allege leak damage should be covered under insurance policy

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FORT LAUDERDALE – Two individuals allege their Fort Lauderdale property was damaged by a roof leak and that their insurer failed to acknowledge coverage for the loss.

Irving Kanter and James Kanter filed a complaint on April 21 in the 17th Judicial Circuit Court of Florida - Broward County against Heritage Property & Casualty Insurance Co. alleging breach of contract.

According to the complaint, the plaintiffs allege that on June 15, 2015, they sustained loss to their property from a roof leak while said property was insured with the defendant. However, the defendant allegedly denied coverage for the loss on March 20, 2017, despite findings upon diligent inspection that the property sustained damages that the defendant agreed to provide for under the terms of the policy. 

The plaintiffs hold Heritage Property & Casualty Insurance Co. responsible because the defendant allegedly failed to acknowledge coverage for the loss, failed to acknowledge that payment will be forthcoming, and failed to make any payment of the insurance proceeds.

The plaintiffs request a trial by jury and seek judgment against defendant for damages, court costs, attorney's fees, and other relief as the court deems just. They are represented by Anthony M. Lopez of Marin, Eljaiek & Lopez PL in Coconut Grove.

17th Judicial Circuit Court of Florida - Broward County Case number 17-007608

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