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FLORIDA RECORD

Thursday, March 28, 2024

Weston homeowners allege insurer refuses to provide coverage for water damage

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FORT LAUDERDALE — Two Weston homeowners are suing an insurance company, alleging breach of contract.

Tulio Bertello and Sandra Bertello filed a complaint March 19 in Broward County Circuit Court against United Property & Casualty Insurance Company, alleging the defendant refuses to honor its contractual obligations contained in the policy.

According to the complaint, on Jan. 8, 2018, a toilet overflow caused a covered loss and substantial damages to the plaintiffs' property at 1869 Aspen Lane, Weston. The Bertellos say they timely filed a notice of the loss to United Property and has otherwise performed all conditions precedent to recover under the policy. 

The defendant, despite having received and processed such claims, has allegedly refused and continues to refuse to pay the full amount of the claims. 

The plaintiffs allege United Property & Casualty Insurance failed to timely evaluate and pay the full amount of policy benefits owed to the insured under the terms of the policy.

The Bertellos seek trial by jury, damages of more than $15,000, all interest as allowed by law, attorney fees and all other relief the court deems just and proper. They are represented by attorney Jack Benmeleh of Militzok & Levy PA in Hollywood.

Broward County Circuit Court case number CACE18006501

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