CLEARWATER – Two Florida corporations are seeking declaratory judgment regarding coverage of an insurance policy.
Sub-N-Such Inc. and Ridge Crossing LLC filed a complaint on June 21 in the 6th Judicial Circuit of Florida - Pinellas County against Capacity Insurance Co. seeking declaratory relief.
According to the complaint, the plaintiffs allege that on March 10, an alleged slip and fall occurred resulting in bodily injury which occurred at plaintiffs' insured property. The suit states that the defendant claims the plaintiffs' policy expired prior to the date of the incident while the plaintiffs claim the policy was in effect on that date.
The plaintiffs claim that they are in doubt about their rights under the contract and have no adequate remedy at law.
The plaintiffs seek declaratory judgment that the subject policy was in effect at the time of loss and the claim at issue is covered by the policy, award for attorney's fees, costs and all issues triable by jury. They are represented by Barry E. Berger of Law Offices of Berger & Dowling in Palm Harbor.
6th Judicial Circuit of Florida - Pinellas County case number 17-003865-CI