ORLANDO — An Orlando couple is suing an insurance company, alleging breach of an insurance contract.
Antony Silva and Isabel Silva filed a complaint Aug. 20 in Ninth Circuit Court/Orange County Gove against Citizens Property Insurance Corporation, alleging the defendant failed to pay the actual amount entitled the plaintiffs for sustained damages.
According to the complaint, on Sept. 13, 2017, while their policy with Citizens Property was in full force and effect, the Silvas suffered a covered loss causing sudden and direct physical loss to the insured property at 51 N. Linden Drive, Orlando.
The Silvas say they are entitled to receive at least the actual cash value (ACV) of the insured loss. However, the suit says, despite Citizens Property acknowledging coverage for the loss, the payment received was substantially lower from the parties' evaluations as to the scope of the loss.
The plaintiffs allege Citizens Property Insurance failed to initially pay at least the full amount of the actual cash value adjusted and failed and/or refused to pay any more ACV than the amount of its own adjuster's unilateral estimate.
The Silvas seek trial by jury, damages in excess of $15,000, plus statutory interest, court costs, and reasonable attorneys fees. They are represented by attorney Kenneth R. Duboff of Duboff Law Firm in North Miami.
Ninth Circuit Court/Orange County Gove case number 18CA009004