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FLORIDA RECORD

Thursday, April 25, 2024

Property owners sue insurer they claim refused covered claim for hurricane damages

Lawsuits
Insurance 05

ORLANDO — Property owners are suing an insurer for breach of contract, citing alleged refusal to apply payments due to hurricane damages.

Roberto Samala and Fenelita Samala filed a complaint on May 14 in the 9th Judicial Circuit Court of Florida-Orange County against Liberty Mutual Insurance Company alleging that the defendant breached its contractual obligations by not paying insurance coverage.

According to the complaint, the plaintiffs allege that on Sept. 10, 2017, their insured property at 614 Virginia Woods Lane in Orlando suffered a direct physical exterior and interior damages due to Hurricane Irma, while the policy is in full force and effect, and performed all conditions precedent. 

However, the Samalas' claim that despite defendant acknowledging the coverage of the loss, the insurer rejected the total amount of damages and refused to pay for the coverage, resulting in further damages and expenses for them. 

The plaintiffs holds Liberty Mutual Insurance Company responsible because the defendant allegedly breached its contractual obligations under the policy by refusing to pay the full amount of the coverage.

The plaintiffs request a trial by jury and seek all damages greater than $15,000, exclusive of costs, interest, attorney's fees and other further relief the court may deem just and proper. They are represented by Hunter Patterson and Alicia Perez of Strems Law Firm in Winter Park.

9th Judicial Circuit Court of Florida - Orange County Case number 18CA005005

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