Bad Faith Insurance Complaint

IN THE CIRCUIT COURT OF THE ☐ JUDICIAL CIRCUIT

IN AND FOR [___] COUNTY, FLORIDA

[PLAINTIFF FULL LEGAL NAME],
  Plaintiff,
v. Case No.: [___]

[DEFENDANT INSURANCE COMPANY FULL LEGAL NAME],
  Defendant.
________________________________________________________/

COMPLAINT FOR BREACH OF CONTRACT, STATUTORY BAD-FAITH, COMMON-LAW BAD-FAITH, DECLARATORY, AND INJUNCTIVE RELIEF

TABLE OF CONTENTS

1. Parties .............................................................................. ¶¶ 1-2
2. Jurisdiction, Venue & Amount in Controversy ............................. ¶¶ 3-6
3. Conditions Precedent ............................................................ ¶¶ 7-9
4. General Allegations ............................................................. ¶¶ 10-27
5. Count I – Breach of Contract ................................................... ¶¶ 28-38
6. Count II – Statutory Bad-Faith (Fla. Stat. § 624.155) ...................... ¶¶ 39-54
7. Count III – Common-Law Bad-Faith ............................................ ¶¶ 55-67
8. Conditional Claim for Punitive Damages (Fla. Stat. § 768.72) ............. ¶¶ 68-72
9. Attorney’s Fees & Costs Allegation (Fla. Stat. § 627.428) ............... ¶¶ 73-75
10. Prayer for Relief ...................................................................... pp. ☐
11. Demand for Jury Trial ............................................................. p. ☐
12. Verification ........................................................................... p. ☐

PARTIES

1. Plaintiff [NAME] (“Plaintiff”) is a citizen and resident of the State of Florida, residing at [ADDRESS], and at all material times was the named insured under the Policy (defined below).

2. Defendant [FULL CORPORATE NAME] (“Defendant” or “Insurer”) is a [state of incorporation] corporation authorized to transact insurance in Florida and may be served through its registered agent: [NAME/ADDRESS].

JURISDICTION, VENUE & AMOUNT IN CONTROVERSY

3. This Court has subject-matter jurisdiction under article V, § 20(b) of the Florida Constitution and Fla. Stat. § 26.012 because the amount in controversy exceeds $30,000, exclusive of interest, attorney’s fees, and costs.

4. Venue is proper in [___] County under Fla. Stat. § 47.011 because the Policy was issued and delivered in this county, the covered property is located here, and the causes of action accrued here.

5. Defendant is subject to personal jurisdiction in Florida by virtue of conducting substantial and not isolated business activity within the state, including the issuance of the Policy to Plaintiff.

6. All conditions precedent to bringing this action have been performed, have occurred, or have been waived by Defendant.

CONDITIONS PRECEDENT

7. Plaintiff timely provided notice of the covered loss on [DATE] as required by the Policy.

8. Plaintiff filed a Civil Remedy Notice (“CRN”) with the Florida Department of Financial Services on [DATE], in compliance with Fla. Stat. § 624.155(3)(a). A copy of the CRN is attached as Exhibit A.

9. More than sixty (60) days elapsed after the CRN was electronically accepted; Defendant failed to cure the violations alleged therein.

GENERAL ALLEGATIONS

10. On [POLICY INCEPTION DATE], Defendant issued homeowner’s policy number [POLICY #] (the “Policy”) to Plaintiff, affording coverage for the property located at [PROPERTY ADDRESS] (the “Property”).

11. The Policy was in full force and effect on [DATE OF LOSS], when the Property sustained direct physical loss and damage as a result of [CAUSE OF LOSS — e.g., Hurricane, Fire, Water Damage] (the “Loss”).

12. Plaintiff promptly mitigated damage, secured the Property, and otherwise complied with all post-loss obligations.

13.–27. [Insert detailed chronology of claim submission, inspections, estimate discrepancies, insufficient payments or denials, communications, and acts or omissions evidencing bad-faith adjusting. Include specific policy provisions breached.]

COUNT I

Breach of Contract

28. Plaintiff realleges paragraphs 1-27 as if fully set forth herein.

29. The Policy constitutes a valid, binding contract supported by consideration.

30. Plaintiff suffered a covered Loss within the Policy period.

31. Plaintiff satisfied all conditions precedent.

32. Defendant materially breached the Policy by, inter alia, (a) failing to pay all benefits due; (b) misapplying policy provisions; and (c) failing to conduct a reasonable investigation.

33.–38. [Specify damages: unpaid policy benefits, prejudgment interest, consequential damages.]

COUNT II

Statutory Bad-Faith – Fla. Stat. § 624.155

39. Plaintiff realleges paragraphs 1-38.

40. Defendant owed statutory duties to exercise good faith and to attempt in good faith to settle claims. Fla. Stat. § 624.155(1)(b).

41.–47. [Identify each enumerated violation: failing to timely settle, failing to adopt standards, misrepresenting pertinent facts, etc.]

48. Plaintiff filed the CRN detailed above.

49. Defendant failed to cure within the statutory 60-day window.

50.–54. As a proximate result, Plaintiff suffered damages in excess of contractual benefits, including consequential damages, mental anguish, and attorneys’ fees.

COUNT III

Common-Law Bad-Faith

55. Plaintiff realleges paragraphs 1-54.

56. A prerequisite judgment establishing coverage and liability has been obtained/ [will be sought concurrently].

57.–65. [Describe Defendant’s reckless disregard for Plaintiff’s rights, failure to settle within policy limits, and unreasonable delay.]

66.–67. Plaintiff seeks all extra-contractual damages available under Florida common law.

CONDITIONAL CLAIM FOR PUNITIVE DAMAGES

(Reserved Under Fla. Stat. § 768.72)

68. Plaintiff realleges paragraphs 1-67.

69. Defendant’s conduct, as more fully described, was willful, wanton, and in reckless disregard of Plaintiff’s rights.

70.–71. Pursuant to Fla. Stat. § 768.72, Plaintiff will move for leave to amend this Complaint to plead punitive damages upon a reasonable evidentiary showing.

72. Plaintiff expressly reserves that right, and nothing herein shall be construed as a premature assertion of punitive damages absent leave of Court.

ATTORNEY’S FEES & COSTS ALLEGATION

73. Plaintiff is entitled to recover reasonable attorney’s fees and taxable costs under Fla. Stat. § 627.428(1) upon obtaining a judgment or decree against Defendant.

74. Alternatively, such fees are recoverable as consequential damages flowing from Defendant’s bad-faith conduct under Fla. Stat. § 624.155(4).

75. Plaintiff has retained the undersigned counsel and is obligated to pay them a reasonable fee.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in Plaintiff’s favor and against Defendant as follows:
a. Compensatory damages for all unpaid Policy benefits;
b. Extra-contractual damages under Fla. Stat. § 624.155 and common law;
c. Pre- and post-judgment interest as allowed by law;
d. Reasonable attorney’s fees and costs pursuant to Fla. Stat. §§ 627.428 and 624.155;
e. An order compelling Defendant to specifically perform its obligation to pay the covered claim (injunctive relief);
f. Declaratory relief confirming coverage and Defendant’s duty to indemnify Plaintiff;
g. Punitive damages upon leave of Court; and
h. Such further relief as the Court deems just and proper.

DEMAND FOR JURY TRIAL

Plaintiff demands trial by jury on all issues so triable as a matter of right.

VERIFICATION

I, [PLAINTIFF NAME], declare under penalty of perjury under the laws of the State of Florida that I have read the foregoing Complaint and that the factual allegations are true and correct to the best of my knowledge and belief.

Date: ___/___/20__
___________________________________
[PLAINTIFF NAME]

SIGNATURE BLOCK

Respectfully submitted,

[LAW FIRM NAME]
[Address] | [Phone] | [Email]

By: __________________________________
[ATTORNEY NAME], Esq.
Florida Bar No. [___]
Counsel for Plaintiff