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FLORIDA RECORD

Thursday, April 25, 2024

Orlando couple alleges insurance company refused to provide actual cash value for hurricane damage

Lawsuits
Insurance 08

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

Hazim Baksh and Bibi Baksh filed a complaint Sept. 17 in Orange County Circuit Court against Universal Property & Casualty Insurance Company, alleging failure to provide the actual insurance coverage for property loss after a hurricane.

According to the complaint, on Sept. 10, 2017, the Bakshes suffered a covered loss due to Hurricane Irma, causing a direct physical loss to their property at 11437 Brindle St., Orlando. 

The suit says Universal Property acknowledged coverage for the loss and made a payment of actual cash value, but the Bakshes allege the evaluation submitted by the defendant is different from their evaluations as to the scope of the loss. 

Despite submitting to Universal Property an estimate of the loss evidencing the substantial underpayment of the actual cash value, the lawsuit states, the defendant continues to refuse to pay the correct amount covering the Bakshes'  loss. 

The plaintiffs allege Universal Property & Casualty Insurance failed to initially pay at least the full amount of actual cash value (ACV) and failed and/or refused to pay any more ACV than the amount of its own adjuster's unilateral estimate of the ACV.

The Bakshes seek trial by jury, damages in excess of $15,000, plus statutory interest, court costs and attorney fees. They are represented by attorney Kenneth Duboff of Duboff Law Firm in North Miami.

Orange County Circuit Court case number 18CA010107

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