Homeowner alleges insurance carrier failed to cover water damages

By Jenie Mallari-Torres | Oct 30, 2017

CLEARWATER — A Crystal Beach homeowner is suing an insurance carrier, alleging breach of contract in failing to pay for water damages.

CLEARWATER — A Crystal Beach homeowner is suing an insurance carrier, alleging breach of contract in failing to pay for water damages.

Kimberly Mitow filed a complaint Sept. 28 in Pinellas County Circuit Court against Citizens Property Insurance Corporation, alleging it breached its duty of good faith and fair dealing.

According to the complaint, on March 24, while Mitow's  insurance policy was in full force and effect, her property at 606 S. Mayo, Crystal Beach, sustained a covered loss as a result of water damage. However, the suit says, the defendant contends all or a portion of the loss is not covered, based upon the insurer's own interpretation but contrary to the terms of the insurance policy. 

The plaintiff alleges Citizens Property failed to fully perform obligations under the policy, and failed to properly make adequate or sufficient payment to the insured.

Mitlow seeks trial by jury, damages of at least $15,000, plus interest, court costs, attorney fees, and all other relief the court deems just and proper. She is represented by attorney David D. Gongora of Law Office of David D. Gongora PA in Orlando.

Pinellas County Circuit Court case number 17-C-5891

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