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Friday, March 29, 2024

St. Petsrsburg property owner alleges insurance coverage failed to cover damages

Lawsuits
Insurance 07

CLEARWATER — A personal representative is suing an insurance company, alleging breach of contract.

Dwayne Fennell, as executor de son tort for the pending estate of Lauralene Livingston, deceased, filed a complaint Sept. 7 in Pinellas County Circuit Court against Heritage Property & Casualty Insurance Company, alleging failure to comply with conditions agreed to in the contract.

According to the complaint, between April 4, 2015 and April 14, 2016, the plaintiffs' dwelling at 6875 16th St. S., St. Petersburg, sustained a covered loss due to water damage. Fennell, the suit says, on behalf of Livingston, notified Heritage Property of the damages and complied with all conditions precedent to entitle them to recover under the policy.

The lawsuit states Fennell has failed to receive coverage for the losses. 

The plaintiff alleges Heritage Property & Casualty Insurance failed to provide coverage for certain of his losses and failed to pay for all losses.

Fennell seeks trial by jury, judgment on any overdue payments, damages of more than $15,000, plus attorney fees and costs. He is represented by attorney Andrick Bernard of The Nation Law Firm LLP in Longwood.

 Pinellas County Circuit Court case number 18C5893

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