Modern USA Insurance alleged to have breached contract over wind damage claim

By Philip Gonzales | Jul 20, 2018

ORLANDO – An Apopka property owner alleges her insurer unlawfully failed to pay all benefits due for wind damage to the property.

Yogendra Pandya filed a complaint on July 2 in the 9th Judicial Circuit Court of Florida - Orange County against Modern USA Insurance Co. alleging breach of contract.

According to the complaint, the plaintiff alleges that on Jan 22, 2017, her real property at 1580 Stefan Cole Lane, Apopka was damaged due to wind. The damage to her property allegedly was a covered loss under the insurance policy provided by the defendant, for which she duly made a claim for insurance benefits. 

The plaintiff holds Modern USA Insurance Co. responsible because the defendant allegedly failed to acknowledge full coverage for the loss and failed to pay all the benefits due and owing.

The plaintiff seeks all benefits available under the insurance policy, prejudgment interest, costs, expert fees and attorneys’ fees and such other just and proper relief. She is represented by Ryan S. Burke and Wesley Dicus Sr. of Dicus & Burke PLLC in St. Petersburg and Robert L. Nipps of Robert L. Nipps PA in Tampa.

9th Judicial Circuit Court of Florida - Orange County case number 18-CA-7140

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9th Judicial Circuit Court of Florida Dicus & Burke PLLC Robert L. Nipps PA

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