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Filing # 183368075 E-Filed 10/05/2023 09:16:42 PM
IN THE CIRCUIT COURT OF
THE 20 JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE
COUNTY, FLORIDA
PRUDENCE WALLA - MCLAREN, and
GAVIN MACLAREN
Plaintiff(s), CASE NO.: 23002219CA
TYPTAP INSURANCE COMPANY
Defendant.
____________________________________/
PLAINTIFFS' ENDED COMPLAINT
COMES NOW, Plaintiffs, PRUDENCE WALLA -MCLAREN and GAVIN
MCLAREN by and through th undersigned counsel, and hereby files this Complaint
against Defendant, TYPTAP INSURANCE COMPANY and as grounds therefore states as
follows:
1. This is an action for damages in excess of FIFTY THOUSAND and ONE
DOLLARS, 50,00.00), exclusive of interest, attorneys' fees and costs, and is otherwise
within the jurisdictional limits of this Court.
2. At all times material hereto, Defendant was an insurance company authorized to
do business in the State of Florida and doing business and maintaining offices and/or agents
for the transaction of its customary business in Charlotte County, Florida.
3. At all times material hereto, the damaged property was and is located in Charlotte
County, Florida.
4. Prior to September 28, 2022, Plaintiffs sought and purchased homeowner's
insurance from Defendant to cover their property located at 1077 Fergus Lane, Punta Gorda,
Florida 33983 (hereinafter "property and/or Insured Property").
5. At all times material hereto, Plaintiffs and Defendant had a policy of insurance,
Policy No. 12-1080260-01, (hereinafter "Contract").
6. The subject policy of insurance is attached hereto as Exhibit
7. Plaintiffs have paid the premiums for the Contract prior to September 28, 2022.
8. The insured property sustained direct physical damage as a result of Hurricane Ian
on or about September 28, 2022.
9. The subject policy was in full force and effect as of September 28, 2022.
10. Defendant received timely notice of the loss.
11. Defendant assigned the loss reported by Plaintiffs and described in paragraph 8
above a claim number believed to be 12-3008285-22.
12. Defendant and its agents requested and were given access and the opportunity to
inspect the Insured Property and the reported damage arising from the loss described in
paragraph 8 above.
13. Prior to this action, the Defendant denied coverage and/or failed to issue full
payment for the loss described in paragraph 8 above pursuant to the terms and coverages
available under the subject poli of insurance; including failing to pay for damaged personal
property, and extensive damage the interior and exterior of the subject dwelling located at
1077 Fergus Lane, Punta Gorda, Florida 33983.
14. This is an action relating to Defendant's Breach of Contract for its failure to
provide the appropriate amount of coverage and properly pay the full amount of insurance
proceeds owed to Plaintiffs.
15. Jurisdiction and venue of this matter are proper in the Circuit Court for Charlotte
County, Florida.
COUNT 1 - BREACH OF CONTRACT
16. Plaintiffs reallege and reincorporate paragraphs 1-15 as if fully stated herein, and
further allege as follows:
17. During the above Contract period the Insured Property sustained direct physical
damages to the property, including but not limited to the interior, roof, and dwelling.
18. Plaintiffs provided timely notice of the loss, described in paragraph 8, above to the
fendant.
19. Prior to the initiation of this lawsuit, Defendant has denied coverage under the
Contract for the damages referenced herein and/or has refused or otherwise failed to issue full
payment to Plaintiffs for the physical damages to the Insured Property sustained during the
Contract period.
20. The Defendant has wrongfully determined the damages to the Insured Property are
excluded under the Contract and/or represented that the damages are less than the damages
actually sustained as a result of the loss.
21. The Plaintiffs have provided notice, complied with all obligations, and conditions
precedent to this lawsuit, and as required by Florida Statute, including F.S. 627.70152, which
would entitle Plaintiffs to recover under the Contract or such conditions/obligations have been
waived.
22. The Plaintiffs have complied with all policy obligations and conditions precedent
to this lawsuit which would entitle the Plaintiffs to recover benefits under the Contract, or such
conditions/obligations have been waived.
23. Defendant has failed to provide complete coverage and/or issue full payment for
the physical damages that occurred as a result of the loss during the Contract period.
24. This failure is contrary to the terms of the Contract and constitutes a breach of the
Contract.
25. The Plaintiffs have been damaged by this breach in the form of unpaid insurance
proceeds needed to restore the Insured Property to its pre-loss condition as a result of
Defendant refusing to provide complete coverage and pay the full amount owed under the
Contract.
26. As a direct and proximate result of Defendant's Breach of Contract, Plaintiffs have
been required to retain the services of the undersigned attorneys to represent and protect the
interests of Plaintiffs and Plaintiffs have become obligated to pay them a reasonable fee for
their services in bringing this action.
27. In the event that Plaintiffs prevail in this action, Plaintiffs are entitled to an award
of Attorneys' fees and costs pursuant to section 627.428, 626.9373, 627.70152 and 57.041, of
Florida Statutes and/or any other Florida Law.
WHEREFORE, Plaintiffs demand judgment against Defendant for damages, including
but not limited to damages owed under the Contract, statutory interest, and attorneys' fees and
costs.
DEMAND FOR JURY TRIAL
Plaintiffs further demand a trial by jury of all issues so triable as a matter of right.
***
CERTIFICATION OF SERVICE
I DO HEREBY CERTIFY that a true and correct copy of this document was furnished
to Counsel for Defendant, Brad Jason Mitchell, Esq. Grolle & Salmpon .A. on the of August
2023, and electronically served to: gsmcourtdocs@gspalaw.com
bmitchell@gspalaw.com bstewart@gspalaw.com
ABRAHAM LAW GROUP
9100 S. Dadeland Blvd., Suite 1500
Miami, FL 33156
Telephone: 786-224-4555
Facsimile: 888-335-2579
E-Service E-mail:
pleadings@abrahamlawgroup.com
By: /s/ Joseph P. Abraham
Joseph P. Abraham , Esq.
Florida. Bar.: 33271
DocuSign Envelope ID: 64DC6F60-DFC9-46A3-B67D-16C7574F956D
EXHIBIT "A"
This is a true and correct certified copy of the Declaration page and applicable forms for
Prudence Wallance-Mclaren , Policy Number 12-1080260-01.
Signed:
State of Florida
County of Hillsborough
With respect to the above:
The above-named signatory has sworn to and subscribed before me by Alexis Boucher, the
information contained within this document is accurate and true. The above signatory is personally
known to me Clarissa M Hernandez.
_____________________________________
Signature of Notary
Notary Public for the State of Florida
Commission # HH 310699
Expires Sept. 11, 2026
P.O. Box 1120 Ocala, FL 34478
Phone: 844-289-7968 | Fax: 352-533-4073 | Email: CustomerService@TypTap.com
DocuSign Envelope ID: 64DC6F60-DFC9-46A3-B67D-16C7574F956D
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DocuSign Envelope ID: 64DC6F60-DFC9-46A3-B67D-16C7574F956D
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Filing # 183368075 E-Filed 10/05/2023 09:16:42 PM IN THE CIRCUIT COURT OF THE 20 JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA PRUDENCE WALLA - MCLAREN, and GAVIN MACLAREN Plaintiff(s), CASE NO.: 23002219CA TYPTAP INSURANCE COMPANY Defendant. ____________________________________/ PLAINTIFFS' ENDED COMPLAINT COMES NOW, Plaintiffs, PRUDENCE WALLA -MCLAREN and GAVIN MCLAREN by and through th undersigned counsel, and hereby files this Complaint against Defendant, TYPTAP INSURANCE COMPANY and as grounds therefore states as follows: 1. This is an action for damages in excess of FIFTY THOUSAND and ONE DOLLARS, 50,00.00), exclusive of interest, attorneys' fees and costs, and is otherwise within the jurisdictional limits of this Court. 2. At all times material hereto, Defendant was an insurance company authorized to do business in the State of Florida and doing business and maintaining offices and/or agents for the transaction of its customary business in Charlotte County, Florida. 3. At all times material hereto, the damaged property was and is located in Charlotte County, Florida. 4. Prior to September 28, 2022, Plaintiffs sought and purchased homeowner's insurance from Defendant to cover their property located at 1077 Fergus Lane, Punta Gorda, Florida 33983 (hereinafter "property and/or Insured Property"). 5. At all times material hereto, Plaintiffs and Defendant had a policy of insurance, Policy No. 12-1080260-01, (hereinafter "Contract"). 6. The subject policy of insurance is attached hereto as Exhibit 7. Plaintiffs have paid the premiums for the Contract prior to September 28, 2022. 8. The insured property sustained direct physical damage as a result of Hurricane Ian on or about September 28, 2022. 9. The subject policy was in full force and effect as of September 28, 2022. 10. Defendant received timely notice of the loss. 11. Defendant assigned the loss reported by Plaintiffs and described in paragraph 8 above a claim number believed to be 12-3008285-22. 12. Defendant and its agents requested and were given access and the opportunity to inspect the Insured Property and the reported damage arising from the loss described in paragraph 8 above. 13. Prior to this action, the Defendant denied coverage and/or failed to issue full payment for the loss described in paragraph 8 above pursuant to the terms and coverages available under the subject poli of insurance; including failing to pay for damaged personal property, and extensive damage the interior and exterior of the subject dwelling located at 1077 Fergus Lane, Punta Gorda, Florida 33983. 14. This is an action relating to Defendant's Breach of Contract for its failure to provide the appropriate amount of coverage and properly pay the full amount of insurance proceeds owed to Plaintiffs. 15. Jurisdiction and venue of this matter are proper in the Circuit Court for Charlotte County, Florida. COUNT 1 - BREACH OF CONTRACT 16. Plaintiffs reallege and reincorporate paragraphs 1-15 as if fully stated herein, and further allege as follows: 17. During the above Contract period the Insured Property sustained direct physical damages to the property, including but not limited to the interior, roof, and dwelling. 18. Plaintiffs provided timely notice of the loss, described in paragraph 8, above to the fendant. 19. Prior to the initiation of this lawsuit, Defendant has denied coverage under the Contract for the damages referenced herein and/or has refused or otherwise failed to issue full payment to Plaintiffs for the physical damages to the Insured Property sustained during the Contract period. 20. The Defendant has wrongfully determined the damages to the Insured Property are excluded under the Contract and/or represented that the damages are less than the damages actually sustained as a result of the loss. 21. The Plaintiffs have provided notice, complied with all obligations, and conditions precedent to this lawsuit, and as required by Florida Statute, including F.S. 627.70152, which would entitle Plaintiffs to recover under the Contract or such conditions/obligations have been waived. 22. The Plaintiffs have complied with all policy obligations and conditions precedent to this lawsuit which would entitle the Plaintiffs to recover benefits under the Contract, or such conditions/obligations have been waived. 23. Defendant has failed to provide complete coverage and/or issue full payment for the physical damages that occurred as a result of the loss during the Contract period. 24. This failure is contrary to the terms of the Contract and constitutes a breach of the Contract. 25. The Plaintiffs have been damaged by this breach in the form of unpaid insurance proceeds needed to restore the Insured Property to its pre-loss condition as a result of Defendant refusing to provide complete coverage and pay the full amount owed under the Contract. 26. As a direct and proximate result of Defendant's Breach of Contract, Plaintiffs have been required to retain the services of the undersigned attorneys to represent and protect the interests of Plaintiffs and Plaintiffs have become obligated to pay them a reasonable fee for their services in bringing this action. 27. In the event that Plaintiffs prevail in this action, Plaintiffs are entitled to an award of Attorneys' fees and costs pursuant to section 627.428, 626.9373, 627.70152 and 57.041, of Florida Statutes and/or any other Florida Law. WHEREFORE, Plaintiffs demand judgment against Defendant for damages, including but not limited to damages owed under the Contract, statutory interest, and attorneys' fees and costs. DEMAND FOR JURY TRIAL Plaintiffs further demand a trial by jury of all issues so triable as a matter of right. *** CERTIFICATION OF SERVICE I DO HEREBY CERTIFY that a true and correct copy of this document was furnished to Counsel for Defendant, Brad Jason Mitchell, Esq. Grolle & Salmpon .A. on the of August 2023, and electronically served to: gsmcourtdocs@gspalaw.com bmitchell@gspalaw.com bstewart@gspalaw.com ABRAHAM LAW GROUP 9100 S. Dadeland Blvd., Suite 1500 Miami, FL 33156 Telephone: 786-224-4555 Facsimile: 888-335-2579 E-Service E-mail: pleadings@abrahamlawgroup.com By: /s/ Joseph P. Abraham Joseph P. Abraham , Esq. Florida. Bar.: 33271 DocuSign Envelope ID: 64DC6F60-DFC9-46A3-B67D-16C7574F956D EXHIBIT "A" This is a true and correct certified copy of the Declaration page and applicable forms for Prudence Wallance-Mclaren , Policy Number 12-1080260-01. Signed: State of Florida County of Hillsborough With respect to the above: The above-named signatory has sworn to and subscribed before me by Alexis Boucher, the information contained within this document is accurate and true. The above signatory is personally known to me Clarissa M Hernandez. _____________________________________ Signature of Notary Notary Public for the State of Florida Commission # HH 310699 Expires Sept. 11, 2026 P.O. Box 1120 Ocala, FL 34478 Phone: 844-289-7968 | Fax: 352-533-4073 | Email: CustomerService@TypTap.com DocuSign Envelope ID: 64DC6F60-DFC9-46A3-B67D-16C7574F956D This page intentionally left blank DocuSign Envelope ID: 64DC6F60-DFC9-46A3-B67D-16C7574F956D ,1685$1&(&203$1< 35,9$&<32/,&<