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FLORIDA RECORD

Tuesday, November 5, 2024

Plaintiff (insurance company) accuses Defendant (property owner) of Negligence

State Court
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Shawn Crane, Chief Judge FL 6th Judicial Circuit Pinellas Count | https://ghs.pasco.k12.fl.us/

Universal Property & Casualty Insurance Company has filed a lawsuit seeking damages for property damage allegedly caused by a neighboring property owner. The complaint was filed on October 16, 2024, in the County Court of the Sixth Judicial Circuit in Pinellas County, Florida, against William W. McDonald, acting as trustee under an unrecorded trust agreement.

The case revolves around a significant water intrusion incident that occurred on March 15, 2024. According to the complaint, plumbing fixtures and appliances within McDonald's property failed, resulting in water leakage that damaged the property owned by Universal's insureds—Randall Marshall and Gerald Lee Hasara and Gloria Jean Viera Hasara, co-trustees of the Hasara Family Revocable Trust. The insurance company alleges negligence on McDonald's part for failing to maintain or repair the plumbing systems adequately. They argue that McDonald breached his duty by not shutting off the main water supply during extended absences and failing to stop the water flow promptly.

Universal Property & Casualty Insurance Company claims they had issued an insurance policy covering the affected property and paid $14,550.16 for damages incurred due to this incident. Under their policy's subrogation rights clause, they seek reimbursement from McDonald for this amount. They allege that McDonald's actions—or lack thereof—directly led to the damages sustained by their insureds' property.

The plaintiff is requesting judgment against William W. McDonald for $14,550.16 plus costs and pre-judgment interest from when they made payment on behalf of their insureds. They also seek any additional relief deemed just and equitable by the court.

Representing Universal Property & Casualty Insurance Company are attorneys Dawn Cortese, Alyson Holob, Demi Halmoukos Sims, Beth E. Allen, Nadia L. Pazos, and Sean M. Wagner from Fort Lauderdale-based law firm Evolution Risk Advisors Inc., with Judge Ken Burke presiding over Case Number 24-008808-CO.

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