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FLORIDA RECORD

Friday, April 19, 2024

Orlando policy owner alleges insurer failed to pay actual amount for covered loss

Lawsuits
Insurance 11

ORLANDO — An Orlando homeowner is suing an insurance company, alleging breach of contract.

Andrea Zurita filed a complaint Aug. 1 in Orange County Circuit Court against Security First Insurance Company, doing business as Security First Florida, alleging the defendant failed to provide insurance benefits after the insured property was damaged.

According to the complaint, on Sept. 12, 2017, Zurita's property at 4317 Halsey Court, Orlando, suffered a covered loss from Hurricane Irma, which caused sudden and direct physical loss to the insured property.

Zurita says Security First did assign a claim number to the loss and made initial payment. However, the suit says, the evaluation and estimate submitted by the defendant has substantial differences in the respective parties' evaluations as to the scope of the loss constituting the amount of actual cash value that was required to initially be paid, as well as the differences in the estimated replacement cost value. 

The plaintiff alleges Security First Florida failed to initially pay at least the full amount of the actual cash value (ACV). The suit says Zurita has submitted to the defendant evidence of the substantial underpayment of the ACV, and Security First has failed and/or refused to pay any more ACV than the amount of its own adjuster's unilateral estimate.

Zurita seeks trial by jury, damages in excess of $15,000, plus statutory interest, court costs and reasonable attorneys fees. She is represented by Kenneth Duboff of Duboff Law Firm in North Miami.

Orange County Circuit Court case number 18CA008340

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