FORT LAUDERDALE — Property owners are suing Universal Property & Casualty Insurance Company, alleging breach of contract.
Nury Diaz and Jesus Diaz filed a complaint July 13 in the Broward Circuit Court against Universal Property & Casualty Insurance Company, alleging that the insurer breached its duty of good faith and fair dealing.
According to the complaint, the plaintiffs allege that on Sept. 10, 2017, while their property at 17678 SW 28 Court in Miramar was still insured by the defendant, it suffered an unexpected direct physical loss covered by the policy. However, the defendant has failed to provide a coverage determination of the loss to date, causing plaintiffs to seek a speedy determination and declaration of their rights under declaratory judgment statues.
The plaintiffs hold Universal Property & Casualty Insurance Company responsible because the defendant allegedly failed to acknowledge coverage for the loss in a timely manner, and obligated plaintiffs to hire and retain an attorney to prosecute this action.
The plaintiffs request a trial by jury; and seek a declaratory judgment for covered loss and adjustment of the covered claim in favor of plaintiffs, and the award of attorney's fees and court costs. They are represented by Kenneth R. Duboff of Duboff Law Firm in North Miami.
Broward Circuit Court case number CACE-18-016835