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16-2024-CA-001661-AXXX-MA Div: CV-F
Filing # 195165589 E-Filed 04/01/2024 10:35:35 AM
IN THE CIRCUIT COURT, FOURTH
JUDICIAL CIRCUIT, IN AND FOR
DUVAL COUNTY, FLORIDA
JARROD REED CASE NO.:
AND MEGAN REED
DIVISION:
Plaintiffs,
vs.
KIN INTERINSURANCE COMPANY
a Florida Profit Corporation
Defendant.
/
COMPLAINT
Plaintiffs, JARROD REED AND MEGAN REED (“Plaintiffs”), by and through their
undersigned counsel, hereby file this lawsuit against Defendant, KIN INTERINSURANCE
COMPANY., a Florida Profit Corporation (“Defendant”), and demand a trial by jury of all
claims alleged herein. In support of this lawsuit, Plaintiffs state as follows:
GENERAL ALLEGATIONS
1. Plaintiffs reside in Jacksonville Duval County, Florida, and Plaintiffs are the owners of the
residential property located at 6916 Hanson Dr S Jacksonville, FL 32210. (hereafter the
“Property”) that is the subject of these claims and lawsuit.
2. Defendant is a Florida Profit Corporation that is authorized to do business in the State of
Florida, including Duval County. More specifically, Defendant is an insurance company that
issues and sells homeowners insurance policies to residents in Duval County, Florida,
including the Plaintiffs.
3. Jurisdiction and venue are proper in this Court, and in Duval County, Florida.
4. Defendant issued a policy of homeowner insurance to Plaintiff bearing policy number:
KIN-HO-FL-180428963 for the Property, Defendant has not yet provided the referenced
policy. Please see request attached as “Exhibit A”.
5. Defendant is in exclusive control of the complete and applicable homeowner’s insurance
policy.
ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 04/01/2024 11:26:41 AM
6. On or about March 16, 2022, Plaintiffs and the Property sustained damage as a
result of a weather event, including but not limited to wind damage.
7. The insurance policy issued by Defendant was in full force and effect on the above-
referenced date of loss.
8. Plaintiffs paid money to Defendant for the insurance policy in order to cover the damages to
Plaintiffs and the Property that was damaged as a result of the weather events, and other covered
events.
9. The damage to the Plaintiffs and to the Property that is the subject of this lawsuit is a covered
loss or peril under the insurance policy.
10. The losses and damages to the Plaintiffs and the Property were reported to Defendant.
11. Defendant assigned claim number HO-0004502 and Defendant assigned
an insurance adjuster to adjust these losses.
12. Before filing this lawsuit, Defendant, and/or its agents, were allowed to inspect the Property
and the damages.
13. Before filing this lawsuit, Defendant, and/or its agents, did in fact complete inspections of the
Property and the damages.
14. Before filing this lawsuit, Plaintiffs provided Defendant with a detailed and itemized estimate
of the damages and repair recommendations.
15. Despite having received detailed and itemized damage estimates and repair recommendations
to the Property, Defendant has refused, and continues to refuse, to fully cover and pay for the
damages to the Property.
16. Before filing this lawsuit, Plaintiffs provided Defendant with multiple opportunities to fully
cover this loss and to pay for the repairs to the Property.
17. Because of Defendant’s refusal to fully cover and pay for the damages to the Property owed
under the insurance policy, it has become necessary for Plaintiff to retain legal counsel and incur
attorneys’ fees and litigation costs in connection with this lawsuit.
18. Therefore, Defendant is obligated to pay for Plaintiffs’ attorneys’ fees and costs pursuant to
sections 627.428, 57.041, and 92.23 of the Florida Statutes.
19. Plaintiffs have complied with all conditions precedent to entitle them to recover under the
insurance policy, or in the alternative, such conditions have been waived or excused from
performance because of the representations, omissions, and/or conduct of Defendant.
COUNT I: BREACH OF CONTRACT
20. Plaintiffs reincorporate paragraphs 1 through 19 as if fully set forth herein.
21. This is a claim for damages more than $50,000, not including attorneys' fees, interest,
and litigation costs.
22. The Property has sustained physical damage as a result of a weather event that is a covered
loss or peril under the insurance policy purchased by Plaintiffs and issued by Defendant.
23. Plaintiffs have made a claim and application for insurance benefits to Defendant under the
insurance policy.
24. Defendant has materially breached the insurance policy, or insurance contract, by failing and
refusing to timely pay the full benefits and amounts owed under the insurance policy.
25. As a direct result of Defendant’s material breaches of the insurance policy, Plaintiffs have
suffered and continue to suffer damages, including but not limited to compensatory damages,
pre-judgment interest, post-judgment interest, and attorneys’ fees and costs.
WHEREFORE, Plaintiffs respectfully request that a declaratory judgment be entered
against Defendant declaring that the claims and damages to the Property are covered under the
insurance policy; that Plaintiffs are entitled to the benefits and compensation under the insurance
policy; and awarding Plaintiffs attorneys’ fees and litigation costs (including expert witness fees
and costs) pursuant to sections 627.428, 627.70131, 57.041, and 92.231 of the Florida Statutes,
and as may otherwise be allowed by Florida’s Declaratory Judgment Act, or any other statute,
rule, or contract provision.
DEMAND FOR JURY TRIAL
Plaintiffs demand a trial by jury on all issues so triable.
Exhibit A
Campione Law, P.A.
&
Law Offices of Nooney, Roberts, Hewett & Nowicki
September 8, 2022
VIA EMAIL
Kin Insurance Company
ATTN: Claims Department
E-mail: claims@kin.com
RE: Our Clients/Your Insured: Jarrod Reed
Policy No.: KIN-HO-FL-180428963
Claim No.: HO-0004502
Date of Loss:
Property Address: 6916 Hanson Dr. S.
Jacksonville, FL 32210
Dear Sir or Madam:
Campione Law, P.A. and the Law Offices of Nooney, Roberts, Hewett & Nowicki have
been retained by Jarrod Reed, regarding damages to their home as a result of wind and/or other
perils that occurred on or about September 8, 2021 and that is covered under the above referenced
insurance policy. Please also accept this as our request for a copy of Kin Insurance Company’s
coverage determination/evaluation and its inspection report, damage estimate, and all other
adjustments of this claim.
In addition, please accept this as our request for the disclosure of all insurance coverage
available for the subject property and this claim, pursuant to section 627.4137 of the Florida
Statutes. In accordance with this statute, Kin Insurance Company is required to provide a
statement, under oath, by an appropriate representative within thirty (30) days of this request
setting forth the following information with regard to each known policy of insurance, including
excess or umbrella insurance, which does or may provide insurance coverage for the claims alleged
in this matter:
(a) the name of the insurer;
(b) the name of each insured;
(c) the limits of the liability coverage;
(d) a statement of any policy or coverage defenses which such insurer reasonably believe
is available to such insurer at the time of filing such statement; and
(e) a copy of the policy.
Finally, please accept this as our formal notice and request that each of you, and your/its
employees, and agents, preserve and refrain from altering or destroying in any way all evidence
related to this claim. Specifically, please preserve all evidence, documents, incident/accident
reports, written statements or summaries, electronically stored documents, emails, text messages,
hand-written notes, photographs, inspection notes, claim and activity notes and logs, and all other
documents and tangible evidence related to this claim. Please be advised that your destruction
or failure to preserve such materials or evidence may result in an additional claim for
spoliation and/or sanctions against you.
Accordingly, please direct all communications intended for Jarrod Reed to Campione Law,
P.A. only, and please refrain from any direct communications with Jarrod Reed regarding this
claim unless it is in the presence of, or with the consent of their undersigned counsel.
Feel free to contact the undersigned to discuss this further.
Sincerely,
CAMPIONE LAW, P.A.
Frank J. Campione IV, Esq.
501 W. Bay Street
Jacksonville, FL 32202
Ph: (904) 990-8400
Fax: (904) 990-8411
E-mail: frank@campionelawpa.com
THE LAW OFFICE OF NOONEY,
ROBERTS, HEWETT, & NOWICKI
_/s/ Zachary M. Taylor
Zachary M. Taylor, Esq.
Florida Bar No. 1025725
Ztaylor@nrhnLaw.com
Kristopher M. Nowicki, Esq.
Florida Bar No. 89175
Knowicki@nrhnLaw.com
1680 Emerson Street
Jacksonville, FL 32207
Telephone: (904) 309-8616
Facsimile: (904) 858-9943
cc:
Preview
16-2024-CA-001661-AXXX-MA Div: CV-F Filing # 195165589 E-Filed 04/01/2024 10:35:35 AM IN THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA JARROD REED CASE NO.: AND MEGAN REED DIVISION: Plaintiffs, vs. KIN INTERINSURANCE COMPANY a Florida Profit Corporation Defendant. / COMPLAINT Plaintiffs, JARROD REED AND MEGAN REED (“Plaintiffs”), by and through their undersigned counsel, hereby file this lawsuit against Defendant, KIN INTERINSURANCE COMPANY., a Florida Profit Corporation (“Defendant”), and demand a trial by jury of all claims alleged herein. In support of this lawsuit, Plaintiffs state as follows: GENERAL ALLEGATIONS 1. Plaintiffs reside in Jacksonville Duval County, Florida, and Plaintiffs are the owners of the residential property located at 6916 Hanson Dr S Jacksonville, FL 32210. (hereafter the “Property”) that is the subject of these claims and lawsuit. 2. Defendant is a Florida Profit Corporation that is authorized to do business in the State of Florida, including Duval County. More specifically, Defendant is an insurance company that issues and sells homeowners insurance policies to residents in Duval County, Florida, including the Plaintiffs. 3. Jurisdiction and venue are proper in this Court, and in Duval County, Florida. 4. Defendant issued a policy of homeowner insurance to Plaintiff bearing policy number: KIN-HO-FL-180428963 for the Property, Defendant has not yet provided the referenced policy. Please see request attached as “Exhibit A”. 5. Defendant is in exclusive control of the complete and applicable homeowner’s insurance policy. ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 04/01/2024 11:26:41 AM 6. On or about March 16, 2022, Plaintiffs and the Property sustained damage as a result of a weather event, including but not limited to wind damage. 7. The insurance policy issued by Defendant was in full force and effect on the above- referenced date of loss. 8. Plaintiffs paid money to Defendant for the insurance policy in order to cover the damages to Plaintiffs and the Property that was damaged as a result of the weather events, and other covered events. 9. The damage to the Plaintiffs and to the Property that is the subject of this lawsuit is a covered loss or peril under the insurance policy. 10. The losses and damages to the Plaintiffs and the Property were reported to Defendant. 11. Defendant assigned claim number HO-0004502 and Defendant assigned an insurance adjuster to adjust these losses. 12. Before filing this lawsuit, Defendant, and/or its agents, were allowed to inspect the Property and the damages. 13. Before filing this lawsuit, Defendant, and/or its agents, did in fact complete inspections of the Property and the damages. 14. Before filing this lawsuit, Plaintiffs provided Defendant with a detailed and itemized estimate of the damages and repair recommendations. 15. Despite having received detailed and itemized damage estimates and repair recommendations to the Property, Defendant has refused, and continues to refuse, to fully cover and pay for the damages to the Property. 16. Before filing this lawsuit, Plaintiffs provided Defendant with multiple opportunities to fully cover this loss and to pay for the repairs to the Property. 17. Because of Defendant’s refusal to fully cover and pay for the damages to the Property owed under the insurance policy, it has become necessary for Plaintiff to retain legal counsel and incur attorneys’ fees and litigation costs in connection with this lawsuit. 18. Therefore, Defendant is obligated to pay for Plaintiffs’ attorneys’ fees and costs pursuant to sections 627.428, 57.041, and 92.23 of the Florida Statutes. 19. Plaintiffs have complied with all conditions precedent to entitle them to recover under the insurance policy, or in the alternative, such conditions have been waived or excused from performance because of the representations, omissions, and/or conduct of Defendant. COUNT I: BREACH OF CONTRACT 20. Plaintiffs reincorporate paragraphs 1 through 19 as if fully set forth herein. 21. This is a claim for damages more than $50,000, not including attorneys' fees, interest, and litigation costs. 22. The Property has sustained physical damage as a result of a weather event that is a covered loss or peril under the insurance policy purchased by Plaintiffs and issued by Defendant. 23. Plaintiffs have made a claim and application for insurance benefits to Defendant under the insurance policy. 24. Defendant has materially breached the insurance policy, or insurance contract, by failing and refusing to timely pay the full benefits and amounts owed under the insurance policy. 25. As a direct result of Defendant’s material breaches of the insurance policy, Plaintiffs have suffered and continue to suffer damages, including but not limited to compensatory damages, pre-judgment interest, post-judgment interest, and attorneys’ fees and costs. WHEREFORE, Plaintiffs respectfully request that a declaratory judgment be entered against Defendant declaring that the claims and damages to the Property are covered under the insurance policy; that Plaintiffs are entitled to the benefits and compensation under the insurance policy; and awarding Plaintiffs attorneys’ fees and litigation costs (including expert witness fees and costs) pursuant to sections 627.428, 627.70131, 57.041, and 92.231 of the Florida Statutes, and as may otherwise be allowed by Florida’s Declaratory Judgment Act, or any other statute, rule, or contract provision. DEMAND FOR JURY TRIAL Plaintiffs demand a trial by jury on all issues so triable. Exhibit A Campione Law, P.A. & Law Offices of Nooney, Roberts, Hewett & Nowicki September 8, 2022 VIA EMAIL Kin Insurance Company ATTN: Claims Department E-mail: claims@kin.com RE: Our Clients/Your Insured: Jarrod Reed Policy No.: KIN-HO-FL-180428963 Claim No.: HO-0004502 Date of Loss: Property Address: 6916 Hanson Dr. S. Jacksonville, FL 32210 Dear Sir or Madam: Campione Law, P.A. and the Law Offices of Nooney, Roberts, Hewett & Nowicki have been retained by Jarrod Reed, regarding damages to their home as a result of wind and/or other perils that occurred on or about September 8, 2021 and that is covered under the above referenced insurance policy. Please also accept this as our request for a copy of Kin Insurance Company’s coverage determination/evaluation and its inspection report, damage estimate, and all other adjustments of this claim. In addition, please accept this as our request for the disclosure of all insurance coverage available for the subject property and this claim, pursuant to section 627.4137 of the Florida Statutes. In accordance with this statute, Kin Insurance Company is required to provide a statement, under oath, by an appropriate representative within thirty (30) days of this request setting forth the following information with regard to each known policy of insurance, including excess or umbrella insurance, which does or may provide insurance coverage for the claims alleged in this matter: (a) the name of the insurer; (b) the name of each insured; (c) the limits of the liability coverage; (d) a statement of any policy or coverage defenses which such insurer reasonably believe is available to such insurer at the time of filing such statement; and (e) a copy of the policy. Finally, please accept this as our formal notice and request that each of you, and your/its employees, and agents, preserve and refrain from altering or destroying in any way all evidence related to this claim. Specifically, please preserve all evidence, documents, incident/accident reports, written statements or summaries, electronically stored documents, emails, text messages, hand-written notes, photographs, inspection notes, claim and activity notes and logs, and all other documents and tangible evidence related to this claim. Please be advised that your destruction or failure to preserve such materials or evidence may result in an additional claim for spoliation and/or sanctions against you. Accordingly, please direct all communications intended for Jarrod Reed to Campione Law, P.A. only, and please refrain from any direct communications with Jarrod Reed regarding this claim unless it is in the presence of, or with the consent of their undersigned counsel. Feel free to contact the undersigned to discuss this further. Sincerely, CAMPIONE LAW, P.A. Frank J. Campione IV, Esq. 501 W. Bay Street Jacksonville, FL 32202 Ph: (904) 990-8400 Fax: (904) 990-8411 E-mail: frank@campionelawpa.com THE LAW OFFICE OF NOONEY, ROBERTS, HEWETT, & NOWICKI _/s/ Zachary M. Taylor Zachary M. Taylor, Esq. Florida Bar No. 1025725 Ztaylor@nrhnLaw.com Kristopher M. Nowicki, Esq. Florida Bar No. 89175 Knowicki@nrhnLaw.com 1680 Emerson Street Jacksonville, FL 32207 Telephone: (904) 309-8616 Facsimile: (904) 858-9943 cc: