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Margate homeowners allege insurer failed to pay for water damage

By Jenie Mallari-Torres | Oct 6, 2017

Insurance 08

FORT LAUDERDALE — Two Margate homeowners are suing their insurer, alleging breach of contract regarding water damage to their property.

Harold Garces and Francisca Garces filed a complaint Sept. 21 in Broward Circuit Court against Citizens Property insurance Company, alleging breach of good faith and fair dealing.

According to the complaint, on March 23, the Garces' property at 6082 NW 3rd St., Margate, suffered a covered loss while their policy was in full force and effect, due to an accidental discharge of water from a plumbing system. However, the suit says, the plaintiffs disagreed regarding the amount of actual cash value paid by Citizens Property based on its own unilateral determination. 

The plaintiffs allege Citizens Property failed to initially pay the full amount of the actual cash value and obligated the plaintiffs to retain and pay for legal counsel.

Harold and Francisca Garces seek trial by jury, damages of more than $15,000, plus statutory interest and court costs. They are represented by attorney Kenneth R. Duboff of Duboff Law Firm in North Miami, Florida.

Broward Circuit Court case number 17-C-17564

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Organizations in this Story

Broward County Circuit Court