Filing # 186367147 E-Filed 11/17/2023 11:40:10 AM
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`16-2023-CA-011389-XXXX-MA Div: CV-D
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`RANDY CUZZORT,
`an individual,
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`Plaintiff,
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`IN THE CIRCUIT COURT, FOURTH
`JUDICIAL CIRCUIT, IN AND FOR
`DUVAL COUNTY, FLORIDA
`
`CASE NO.:
`DIVISION:
`
`
`v.
`
`CHARLTON MEEKS, an individual,
`CHRISTINE MARIE WYATT, an individual,
`and STATE FARM MUTUAL
`AUTOMOBILE INSURANCE COMPANY.
`
`
`Defendants.
`___________________________________/
`
`
`
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`COMPLAINT
`
`Plaintiff, RANDY CUZZORT, (“Mr. Cuzzort”), an individual, sue Defendants,
`
`CHARLTON MEEKS (“Mr. Meeks”) an individual, CHRISTINE MARIE WYATT, (“Ms.
`
`Wyatt”), an individual, and STATE FARM MUTUAL AUTOMOBILE INSURANCE
`
`COMPANY, (“State Farm”), and allege the following:
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`Factual Allegations
`
`1.
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`This is an action for damages in excess of $50,000.00, exclusive of interest, costs
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`and attorneys’ fees.
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`2.
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`3.
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`At all times material, Plaintiff was and is a resident of Duval County, Florida.
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`Upon information and belief, at all times material, Defendants, Mr. Meeks and Ms.
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`Wyatt are residents of Valdosta, Georgia.
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`4.
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`At all times material, Defendant, State Farm, was a foreign profit corporation
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`authorized and doing business in Duval County, Florida.
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`ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 11/20/2023 10:28:40 AM
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`
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`16-2023-CA-011389-XXXX-MA Div: CV-D
`
`
`
`
`
`
`
`
`RANDY CUZZORT,
`an individual,
`
`
`Plaintiff,
`
`IN THE CIRCUIT COURT, FOURTH
`JUDICIAL CIRCUIT, IN AND FOR
`DUVAL COUNTY, FLORIDA
`
`CASE NO.:
`DIVISION:
`
`
`v.
`
`CHARLTON MEEKS, an individual,
`CHRISTINE MARIE WYATT, an individual,
`and STATE FARM MUTUAL
`AUTOMOBILE INSURANCE COMPANY.
`
`
`Defendants.
`___________________________________/
`
`
`
`
`COMPLAINT
`
`Plaintiff, RANDY CUZZORT, (“Mr. Cuzzort”), an individual, sue Defendants,
`
`CHARLTON MEEKS (“Mr. Meeks”) an individual, CHRISTINE MARIE WYATT, (“Ms.
`
`Wyatt”), an individual, and STATE FARM MUTUAL AUTOMOBILE INSURANCE
`
`COMPANY, (“State Farm”), and allege the following:
`
`Factual Allegations
`
`1.
`
`This is an action for damages in excess of $50,000.00, exclusive of interest, costs
`
`and attorneys’ fees.
`
`2.
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`3.
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`At all times material, Plaintiff was and is a resident of Duval County, Florida.
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`Upon information and belief, at all times material, Defendants, Mr. Meeks and Ms.
`
`Wyatt are residents of Valdosta, Georgia.
`
`4.
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`At all times material, Defendant, State Farm, was a foreign profit corporation
`
`authorized and doing business in Duval County, Florida.
`
`ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 11/20/2023 10:28:40 AM
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`
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`5.
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`Venue is proper in Duval County, Florida as the collisions described herein
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`occurred in Duval County, Florida.
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`6.
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`On or about June 8th, 2023, Mr. Meeks owned a motor vehicle which he knowingly
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`allowed Ms. Wyatt to operate on or about Gator Bowl Boulevard and Festival Park Avenue, in
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`Duval County, Florida.
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`7.
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`On or about June 8th, 2023, Plaintiff Mr. Cuzzort was the owner and driver of a
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`motor vehicle (“Plaintiffs’ Vehicle”), which he was operating on or about Gator Bowl Boulevard
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`and Festival Park Avenue, in Duval County, Florida.
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`8.
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`At that time and place, Ms. Wyatt negligently operated and/or maintained Mr.
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`Meeks’ vehicle so that it caused a collision to the Plaintiffs’ Vehicle.
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`COUNT I:
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`NEGLIGENCE OF MS. WYATT
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`The allegations of paragraphs 1-8 are hereby incorporated by reference.
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`9.
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`10.
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`As a direct and proximate result of Ms. Wyatt’s negligence which caused the June
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`2023 Collision, Plaintiffs suffered bodily injury, or aggravation of an existing disease or physical
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`defect, or aggravation of a latent disease or physical defect, and resulting pain and suffering,
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`disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of
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`hospitalization, medical and nursing care and treatment, loss of earnings, and loss of earning
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`capacity and the ability to earn money. The losses are permanent and ongoing, and Plaintiffs will
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`suffer the losses in the future.
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`
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`WHEREFORE, Plaintiffs demand judgment for compensatory damages and costs against
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`Defendant Ms. Wyatt named hereinabove, pre-judgment interest on liquidated damages and
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`request a trial by jury on all issues so triable.
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`
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`COUNT II:
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`IMPUTED NEGLIGENCE-DANGEROUS INSTRUMENTALITY DOCTRINE
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`The allegations of paragraphs 1-8, and 10, are hereby incorporated by reference.
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`11.
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`12.
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`At all times material, Mr. Meeks was a beneficial owner of the vehicle Ms. Wyatt
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`was driving.
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`13.
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`At the time of the June 2023 Collision referenced above, Ms. Wyatt was operating
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`Mr. Meeks’ vehicle, a dangerous instrumentality, with his knowledge and consent.
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`14.
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`The aforesaid negligent acts and omissions of Ms. Wyatt are imputed to Mr. Meeks
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`under the Dangerous Instrumentality Doctrine.
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`15.
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`As a direct and proximate result of the negligence of Ms. Wyatt and Mr. Meeks
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`contributing to the June 2023 Collision, Plaintiff suffered bodily injury, or aggravation of an
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`existing disease or physical defect, or aggravation of a latent disease or physical defect, and
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`resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the
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`enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of
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`earnings, and loss of earning capacity and the ability to earn money. The losses are permanent and
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`ongoing, and Plaintiffs will suffer the losses in the future.
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`
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`WHEREFORE, Plaintiffs demand judgment for compensatory damages and costs against
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`Defendant Mr. Meeks named hereinabove, pre-judgment interest on liquidated damages and
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`request a trial by jury on all issues so triable.
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`COUNT III
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`UNDERINSURED CLAIM AGAINST DEFENDANT,
`STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
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`16. Plaintiff re-alleges and incorporates by reference, the allegations in paragraphs 1–8.
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`17. Plaintiff is entitled to relief against Defendant, State Farm, for the motor vehicle
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`
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`collision that occurred on June 8th, 2023, because State Farm issued, in exchange for valuable
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`consideration, a policy of automobile insurance to Plaintiff, under policy number D26 8722-C17-
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`11, which provided insurance benefits to Plaintiff.1
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`18. The underinsured owners and motorists involved in the June 2023 motor vehicle
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`collision, Defendants, Mr. Meeks and Ms. Wyatt, did not maintain adequate bodily injury
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`liability coverage to compensate Plaintiff for his injuries sustained in the collision and
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`consequently, Defendants, Mr. Meeks and Ms. Wyatt are underinsured motorists and owners
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`within the terms of the aforementioned policy.
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`19. The aforesaid collision and ensuing injuries and damages complained of by
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`Plaintiff, were the direct and proximate result of the careless and negligent operation of the
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`underinsured motor vehicle by underinsured motorists and owners involved in the account, all
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`within the meaning of the aforesaid insurance policy.
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`20. Plaintiff is entitled to make an underinsured claim under the policy for damages.
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`21. Plaintiff has complied with all the requirements of the said policy which were
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`applicable by law and has complied with all pre-requisites to filing this action, but Defendant,
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`State Farm, has refused and failed to pay the benefits to which Plaintiff is entitled.
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`
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`WHEREFORE, Plaintiff, RANDY CUZZORT demands judgment for compensatory
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`damages and costs against Defendant, State Farm, pre-judgment interest on liquidated damages
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`and request a trial by jury on all issues so triable.
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`DEMAND FOR JURY TRIAL
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`Plaintiffs demand trial by jury of all issues so triable.
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`
`
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`1 A copy of the affidavit of insurance coverage provided by Defendant is attached and incorporated herein as
`composite exhibit “A.”
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`FARAH & FARAH
`
`By: /s/ Neil D. Gornto
`NEIL D. GORNTO, ESQ.
`Florida Bar No. 20916
`10 West Adams Street
`Jacksonville, Florida 32202
`P/F: 904-664-8169
`Primary: ngornto@farahandfarah.com
`Secondary: tedwards@farahandfarah.com
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`Attorney for Plaintiff
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`EXHIBIT A
` EXHIBIT A
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`Policy Number: 473 8974-D29-59H
`Date of Loss: 2023-06-08
`
`473 8974-D29-59H
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`CUZZORT, RANDY & CATHY L
`
`A P
`
`RIVATE PASSENGER
`
`9810A
`
`State Farm Mutual Automobile Insurance
`Company
`
`VOLKSWAGEN
`
`PASSAT
`
`2015
`
`1IVWCV7A34FC055314
`
`Policy Information
`
`Policy Number
`Policyholder Name(s)
`Product Line
`
`Policy Type
`Protected Person Indicator
`
`Form Number
`
`Company Name
`
`Vehicle information
`
`Make
`
`Model
`
`Year
`
`VIN
`
`Coverages
`
`A 25/50,A 25,D100,G200,U 25/50,P10 10000,H
`
`Coverage Name
`Abbrevation Deductible[Limit
`
`Bodily Injury
`A
`$25,000 Limit Per Person,
`|
`$50,000 Limit Per Accident
`
`T
`PropertyDamage
`A
`$25,000 Limit Per Accident
`
`|Comprehensive Coverage
`D
`$100
`
`Collision Coverage
`G
`$200
`
`Uninsured/Underinsured Motor
`U
`$25,000 Limit Per Person,
`Vehicle (Stacking)
`$50,000 Limit Per Accident
`No Fault
`{$10,000 Aggregate Limit
`Emergency Road Service
`
`
`
`
`
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`P10
`H
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`$0
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`
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`Policy Number: C34 9691-E06-59B
`Date of Loss: 2023-06-08
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`C34 9691-E06-59B
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`CUZZORT, RANDY & CATHY
`
`A M
`
`OTORCYCLE
`
`9810A
`
`State Farm Mutual Automobile Insurance
`Company
`
`HRLY DVDSN
`
`FLTRU
`
`2016
`
`1HD1KGL11GB686543
`
`Policy Information
`
`Policy Number
`Policyholder Name(s)
`Product Line
`
`Policy Type
`Protected Person Indicator
`
`Form Number
`
`Company Name
`
`Vehicle information
`
`Make
`
`Model
`
`Year
`
`VIN
`
`Coverages
`
`A 25/50,A 25,D100,G250,U 25/50
`
`_|Limit
`~Abbrevation Deductible
`Coverage Name
`$25,000 Limit Per Person,
`Bodily Injury
`$50,000 Limit Per Accident
`$25,000 Limit Per Accident
`Property Damage
`
` Comprehensive Coverage $100
`
`Collision Coverage | $250
`
`$25,000 Limit Per Person,
`Uninsured/Underinsured Motor
`$50,000 Limit Per Accident
`Vehicle (Stacking)
`
`
`
`
`
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`
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`A A D G U
`
`
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`Policy Number: 432 7282-C08-59D
`Date of Loss: 2023-06-08
`
`432 7282-C08-59D
`CUZZORT, RANDY & CATHY L
`
`A P
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`RIVATE PASSENGER
`
`9810A
`
`State Farm Mutual Automobile Insurance
`Company
`
`CHEVROLET
`C1500
`2018
`3GCPCREC3JG459307
`
`Policy Information
`
`Policy Number
`Policyholder Name(s)
`Product Line
`
`Policy Type
`_ Protected Person Indicator
`Form Number
`
`Company Name
`
`Vehicle information
`
`Make
`Model
`Year
`VIN
`
`Coverages
`
`A 25/50,A 25,D100,G250,U 25/50,P10 10000,H
`
`[Limit
`Abbrevation|Deductible
`Coverage Name
`
`Bodily Injury
`A
`$25,000 Limit Per Person,
`$50,000 Limit Per Accident
`
`$25,000 Limit Per Accident
`Property Damage
`A
`
`
`Comprehensive Coverage_D $100
`
`Collision Coverage
`G
`$250
`L
`
`Uninsured/Underinsured Motor
`U
`$25,000 Limit Per Person,
`Vehicle (Stacking)
`$50,000 Limit Per Accident
`
`No Fault
`P10
`$10,000 Aggregate Limit
`
`Emergency Road Service
`H
`
`
`
`
`
`
`
`{so
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`
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`Address Search Result
`
`Claim Number: 5951D578B
`
`Address: 12225 COBBLEFIELD CIR N, JACKSONVILLE,FL, 32224, US
`
`Date of Loss: 2023-06-08
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`Policy No [Policy Source|Vehicle DescriptionPolicyholder Name's LOB |Policy Type |PP Ind
`
`C34 9691-
`CUZZORT, RANDY &
`A
`|MOTORCYC |PMR(Legacy)
`|HRLY DVDSN FLTRU 2016
`E06-59B
`CATHY
`LE
`
`59-CM-J518-1|CUZZORT, CATHY F PERSONAL |FMR(Legacy)
`
`
`ARTICLES
`
`POLICY
`432 7282-
`CUZZORT, RANDY &
`A
`|PRIVATE
`PMR(Legacy)
`/CHEVROLET C1500 2018
`C08-59D
`CATHY L
`_|
`PASSENGER
`
`
`473 8974- PMR(Legacy)|VOLKSWAGEN PASSATCUZZORT, RANDY & A |PRIVATE
`
`
`
`D29-59H
`CATHY L
`PASSENGER
`2015
`80-B4-P797-6 |CUZZORT, RANDY &
`HOMEOWNE|FMR(Legacy)
`F
`
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`CATHY | [RS POLICY “LL
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`State Farm
`Providing Insurance and Financial Services
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`HomeOffice,Bloomington,fe
`Home Office, Bloomington, IL
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`June 21, 2023
`
`Farah & Farah
`10 W AdamsStSte 300
`Jacksonville FL 32202-3647
`
`State Farm Claims
`PO Box 106171
`Atlanta GA 30348-6171
`
`RE:
`
`Claim Number:
`Date of Loss:
`Our Insured:
`Your Client:
`
`59-51D5-78B
`June 8, 2023
`Randy & Cathy L Cuzzort
`Randy Cuzzort
`
`To WhomIt May Concern:
`
`Theletter is in response to your requestfor policy information.
`
`In response to your request and in accordance Florida Statute 627.4137, please review the
`information listed on the enclosed Policy Information pages.
`e
`Policy or coverage defenses known to the Companyatthis time:
`
`None
`
`e Umbrella or excess insurance knownto the Companyatthis time: None
`
`Enclosed are the Policy Information pages for Randy & Cathy L Cuzzort, as you requested.
`
`Enclosed are copies of the Selection/Rejection forms for Randy & Cathy L Cuzzort, as
`requested.
`
`This documentis issued as a matter of information only and confers no rights upon the
`documentholder. This document does not amend, extend, or alter the coverage, terms,
`exclusions, conditions, or other provisions afforded by the policies referenced herein.
`
`Underpenalties of perjury, | declare that | have read the foregoing document and attachments
`and the information stated therein is true and correct.
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`If you have questions or need assistance, call us at (844) 292-8615 Ext. 9727447068.
`
`
`
`Claim Specialist
`
`
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`59-51D5-78B
`Page 2
`June 21, 2023
`
`Sincerely,
`
`Ambreiel Jones
`Claim Specialist
`(844) 292-8615 Ext. 9727447068
`Fax: (855) 820-6318
`statefarmclaims@statefarm.com
`For your protection, when emailing State Farm, please do notinclude sensitive personal information such as Social! Security
`Number, credit/debit card number(financial account number), driver's license number, or health/medicalinformation in an email.
`Please contact us at (844) 292-8615 Ext. 9727447068 to discuss sensitive information.
`
`State Farm Mutual Automobile Insurance Company
`
`Enclosure:
`Policy Information page(s)
`Selection/Rejection Forms
`
`
`
`
`
`From:"HOME PC-EUC-MAILER-NOREPLY" <home.pc-euc-mailer-noreply.303007 @statefarm.com>
`Sent:Wed, 21 Jun 2023 14:59:53 -0400
`To:VC-AUTO-CL@statefarm.com
`Cc:teshora.evans.efOx@statefarm.com
`Subject:5951D578B
`
`DDUF Selection/Rejection Request Exceptions
`
`There was one or more exceptions for the following DDUF
`selection/rejection request. Please see complete list of exception
`below the request details.
`
`Policy Number:
`State Code:
`Insured Name:
`Date of Loss:
`Requestor Alias:
`Claim Number:
`
`4327282
`59
`CUZZORT, RANDY & CATHY L
`6/8/2023
`EFQ@X
`5951D578B
`
`Additional Response Forthcoming)
`Returned (No
`Stacking U Applies for DOL.
`No U-Form Because
`4738974
`Stacking U Applies for DOL.
`No U-Form Because
`Stacking U Applies for DOL.
`No U-Form Because
`on DOL.
`Policy Not Active
`Policy Not Active
`
`on DOL.
`
`4327282
`C349691
`2871197
`
`3127793
`
`
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