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Plaintiff (insurance provider) sues Defendant (air conditioning service) for Negligence

FLORIDA RECORD

Wednesday, December 18, 2024

Plaintiff (insurance provider) sues Defendant (air conditioning service) for Negligence

State Court
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6th Judicial Circuit of Florida Pinellas County | Official Website

A lawsuit has been filed in Pinellas County, Florida, accusing a local air conditioning company of negligence that allegedly led to a devastating fire. Universal Property & Casualty Insurance Company, acting on behalf of Sam and Sandy Kershen, lodged the complaint against Acree Air Conditioning, LLC on December 10, 2024. The case highlights significant property damage resulting from what is claimed to be improper installation of an air conditioning unit.

The plaintiff, Universal Property & Casualty Insurance Company, claims that Acree Air Conditioning was contracted by their insureds, Sam and Sandy Kershen, to install or replace an air conditioning unit at their property located at 501 E Bay Dr., Unit 2302 in Largo. On March 18, 2024, a fire broke out at the Kershens' residence. The insurance company alleges this was due to negligent installation by Acree Air Conditioning. According to the complaint, "Plaintiff's Insureds’ Property suffered significant damages as a result of the fire."

Universal Property & Casualty Insurance Company accuses Acree Air Conditioning of breaching its duty of care by failing to perform the installation in a workmanlike manner and not adequately supervising its employees or subcontractors. The complaint outlines several points of negligence: "by negligently installing the air conditioning unit," "by negligently hiring or retaining employees," and "by failing to use adequate materials." As a result of these alleged failures, the plaintiffs claim that substantial property damage occurred.

The insurance company had issued a policy covering such incidents for Sam and Sandy Kershen and paid out $49,428.69 for the damages incurred from the fire. Now subrogated to the rights of their insureds due to this payment under the terms of their policy, Universal Property & Casualty seeks reimbursement from Acree Air Conditioning for this amount plus costs and pre-judgment interest.

In pursuit of justice and compensation for their financial loss due to what they describe as preventable negligence by Acree Air Conditioning LLC., Universal Property & Casualty Insurance Company demands judgment against the defendant in the sum stated along with any additional relief deemed appropriate by the court.

Representing Universal Property & Casualty Insurance Company are attorneys Sean M. Wagner, Alyson Holob, Demi Halmoukos Sims, Beth E. Allen, Jed Cvejanovich, and David Cruz from Fort Lauderdale-based law firm with contact information provided in the filing. The case is presided over by Judge Ken Burke under Case Number 24-010621-CO.

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