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FLORIDA RECORD

Saturday, April 20, 2024

Orlando couple alleges insurance claims for wind damage wrongfully denied

Lawsuits
Insurance 05

ORLANDO — An Orlando couple is suing an insurance company, alleging refusal to apply payments for wind damage.

Victor Care and Maritza Caro filed a complaint Sept. 6, in Orange County Circuit Court against Avatar Property & Casualty Insurance Company, alleging failure or refusal to fully perform under the policy by denying coverage for roof replacement.

According to the complaint, on March 20, the Cares'  property, 5956 Crestwood Court, Orlando, sustained damage during the policy period as a result of hail and a wind storm. The plaintiffs allege they have complied with all conditions precedent to entitle them to recover under the policy. However, the suit says, Avatar Property has denied coverage despite receiving documents demonstrating the need for the Cares' roof to be replaced. 

The plaintiffs allege Avatar Property & Casualty Insurance has failed to perform under the policy, failed to fully value the plaintiffs’ losses and failed to fully pay for all of the Cares' losses of insurance.

The Cares seek trial by jury, damages in excess of $15,000, plus attorney fees, court costs and interests. They are represented by attorney Nathan E. Wittman of Morgan & Morgan PA in Orlando.

Orange County Circuit Court case number 18CA009663

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