ORLANDO — An Orlando couple is suing an insurance company, alleging breach of contract and unjust enrichment.

Richard Leseman and Elizabeth Leseman filed a complaint Sept. 12 in the Ninth Judicial Circuit Court of Florida Orange County against Modern USA Insurance Company, alleging the defendant failed its duty of good faith in the investigation, adjusting and payment of an insurance claim.

According to the complaint, on March 24, 2013, while their home insurance policy with the defendant was in full force and effect, the Leseman's property at 8232 Westminster Abbey Blvd., Orlando, suffered sudden damage due to a windstorm. The plaintiffs say they were issued a low-ball payment of $2,003.82, which failed to account for all covered damages, despite awarding the civil remedy notice. 

As a result, the suit says, the couple failed to be compensated for the full amount of $56,206.33 for damages incurred. 

The plaintiffs allege Modern USA Insurance failed to issue all contractual damages owed within 60 days from the date the civil remedy notice was filed, attempted to pay a small fraction of what was owed to increase profits, and intentionally and unnecessarily delayed the claim to prevent the policy owners from continuing to pursue payments owed.

The Lesemans seek trial by jury, judgment for general damages, attorney fees, court costs, pre-judgement interest, and all  just relief. They are represented by attorneys Matthew G. Struble and Christine D. Skubala of Struble, PA in Fort Lauderdale.

Ninth Judicial Circuit court of Florida Orange County

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