Homeowners claim insurance company won't pay claim or explain why

By Noddy A. Fernandez | Jan 2, 2019

FORT LAUDERDALE — Homeowners are suing an insurance company, citing alleged refusal to apply payments.

Jill Rivas and Judy Fernandez filed a complaint on March 20 in Broward County Circuit Court against Universal Property & Casualty Insurance Company alleging that the insurance company interpreted their policy in such a way that it allows for the taking of premiums without a corresponding duty to properly adjust claims.

According to the complaint, the plaintiffs allege that on Sept. 17, 2017, Jill Rivas and Judy Fernandez's property suffered accidental discard of wastewater from a plumbing system or household appliance, causing damage to the surrounding areas within the dwelling. The plaintiffs claim they reported the loss to the defendant and complied with all post-loss duties but the defendant allegedly failed to cover the loss. As a result, plaintiffs claim, they are unsure of their rights in regard to the policy, including what types of losses are or are not covered. The plaintiffs holds Universal Property & Casualty Insurance Company responsible because the defendant allegedly failed to issued any written correspondence within 90 days either confirming or denying coverage.

The plaintiffs request a trial by jury and seek declaratory judgment, recover all reasonable attorneys fees, costs, and for such other and further relief the Court deems just and equitable. They are represented by John S. Bernstein of Bernstein / Polsky in Fort Lauderdale.

Beaumont Division of the Eastern District of Texas Case number CACE18006500

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