Filing # 108870928 E-Filed 06/15/2020 02:50:56 PM
`
`IN THE COUNTY COURT IN AND FOR
`ORANGE COUNTY, FLORIDA
`
`MOBILE AUTO GLASS REPAIR LLC
`D/B/A MR.AUTO GLASS A/A/0
`NONOY REUTER,
`
`Case No.: 2019-SC-024649-0
`
`Claim No.: Y88MD01197
`
`Plaintiff,
`
`VS.
`
`HARTFORD CASUALTY INSURANCE
`COMPANY, HARTFORD ACCIDENT
`AND INDEMNITY COMPANY,
`HARTFORD INSURANCE COMPANY
`OF THE MIDWEST, HARTFORD
`INSURANCE COMPANY OF THE
`SOUTHEAST, PROPERTY AND
`CASUALTY INSURANCE COMPANY
`OF HARTFORD,
`
`Defendant.
`
`DEFENDANT'S MOTION FOR FINAL
`SUMMARY JUDGMENT REGARDING POLICY LANGUAGE
`
`EXHIBIT A
`
`
`
`IN THE COUNTY COURT IN AND FOR
`ORANGE COUNTY, FLORIDA
`
`MOBILE AUTO GLASS REPAIR LLC
`D/B/A MR.AUTO GLASS A/A/0
`NONOY REUTER,
`
`Case No.: 2019-SC-024649-0
`
`Claim No.: Y88MD01197
`
`Plaintiff,
`
`VS.
`
`HARTFORD CASUALTY INSURANCE
`COMPANY, HARTFORD ACCIDENT
`AND INDEMNITY COMPANY,
`HARTFORD INSURANCE COMPANY
`OF THE MIDWEST, HARTFORD
`INSURANCE COMPANY OF THE
`SOUTHEAST, PROPERTY AND
`CASUALTY INSURANCE COMPANY
`OF HARTFORD,
`
`Defendant.
`
`DEFENDANT'S MOTION FOR FINAL
`SUMMARY JUDGMENT REGARDING POLICY LANGUAGE
`
`EXHIBIT A
`
`
`
`IN THE COUNTY COURT OF
`THE NINTH JUDICIAL CIRCUIT
`IN AND FOR ORANGE COUNTY,
`FLORIDA
`
`CASE NO.:
`
`Filing # 93627302 E-Filed 08/05/2019 08:38:47 AM
`
`MOBILE AUTO GLASS REPAIR LLC
`D/B/A MR. AUTO GLASS
`A/A/0 NONOY REUTER,
`
`Plaintiff,
`
`VS.
`
`HARTFORD CASUALTY INSURANCE
`COMPANY, HARTFORD ACCIDENT AND
`INDEMNITY COMPANY, HARTFORD
`INSURANCE COMPANY OF THE MIDWEST,
`HARTFORD INSURANCE COMPANY OF THE
`SOUTHEAST, PROPERTY AND CASUALTY
`INSURANCE COMPANY OF HARTFORD,
`
`Defendant.
`
`COMPLAINT
`
`COMES NOW, the Plaintiff, MOBILE AUTO GLASS REPAIR LLC d/b/a MR. AUTO
`
`GLASS (hereinafter "Plaintiff), a/a/o NONOY REUTER, by and through its undersigned
`
`counsel, and hereby sues the Defendant, HARTFORD CASUALTY INSURANCE COMPANY,
`
`HARTFORD ACCIDENT AND INDEMNITY COMPANY, HARTFORD INSURANCE
`
`COMPANY OF THE MIDWEST, HARTFORD INSURANCE COMPANY OF THE
`
`SOUTHEAST, PROPERTY AND CASUALTY INSURANCE COMPANY OF HARTFORD
`
`(hereinafter "Defendant"), and for a cause of action alleges and avers as follows:
`
`GENERAL ALLEGATIONS
`
`- 19 -
`
`
`
`1.
`
`This is an action for damages that exceeds the sum of One Hundred Dollars
`
`($100.00), but does not exceed the sum of Five Hundred Dollars ($500.00) exclusive of costs,
`
`interest and attorney's fees.
`
`2.
`
`That at all times material to this cause of action, the Defendant were and are
`
`insurance coiporations duly licensed to transact insurance business in the State of Florida, and
`
`maintained agents for the transaction of its customary business in Orange County, Florida.
`
`3.
`
`At all times material hereto, NONOY REUTER, (hereinafter "Insured), was and
`
`is a resident of the State of Florida, and the policy of insurance involved herein was issued by
`
`Defendant to the Insured in the State of Florida or, alternatively, benefits due under the subject
`
`policy of insurance are payable in the State of Florida.
`
`4.
`
`At all times material hereto, the Insured was insured under a policy ofmotor vehicle
`
`insurance coverage issued by the Defendant, a for profit coiporation (the "Insurance Policy"). Said
`
`Insurance Policy is well known to the Defendant, a copy of which is in the possession of the
`
`Defendant and the said Insurance Policy is incomorated herein by reference. Said Insurance Policy
`
`includes coverage for the replacement of any glass and/or windshield damage to the Insureds
`
`vehicle as provided for under the Insured's comprehensive and/or collision insurance portion of
`
`the policy.
`
`5.
`
`On or about 5/24/19,
`
`the Insured's vehicle sustained damage to its windshield
`
`and/or other glass damage, requiring replacement.
`
`6.
`
`That as a direct and proximate result ofthe glass damage sustained to the Insured's
`
`vehicle,
`
`the Insured incurred reasonable and necessary expenses for the replacement of the
`
`vehicle's windshield and/or other glass which was provided by Plaintiff.
`
`- 20 -
`
`
`
`7.
`
`That by virtue ofthat certain assignment ofbenefits (the "Assignmenr), the Insured
`
`has assigned to Plaintiff and the Plaintiff has agreed to accept assignment of any and all benefits
`
`and causes of action available under the subject Insurance Policy with the Defendant, including
`
`benefits under the collision and/or comprehensive portion of the policy. A true and correct copy
`
`of the Assignment is attached hereto as Exhibit "A", and is incomorated herein.
`
`8.
`
`Plaintiff has performed all conditions precedent and necessary to entitle Plaintiff to
`
`recover benefits for said reasonable and necessary automotive glass services provided pursuant to
`
`the above mentioned insurance contract, or the same have been waived by the Defendant.
`
`9.
`
`The above-described policy was in full force and effect on the date the damages to
`
`the Insured's vehicle occurred and provided coverage for the replacement ofthe damages sustained
`
`by Insured's vehicle.
`
`COUNT I - BREACH OF CONTRACT
`
`10.
`
`The Plaintiff adopts, realleges and reavers the allegations contained in paragraphs
`
`1 through 9 preceding, and for a further cause of action alleges and avers as follows:
`
`11.
`
`The Plaintiff gave notice of covered expenses and made demand to Defendant for
`
`payment of reasonable and necessary benefits to Plaintiff from Defendant under the Insured's
`
`policy of insurance with Defendant.
`
`12.
`
`That the Defendant, for profit coil:orations, have breached its contract ofinsurance
`
`by refusing to pay all of the benefits due for glass replacement in accordance with the provisions
`
`of its collision and/or comprehensive coverage, and any other available coverages, as required
`
`within thirty (30) days, or as required under the terms of the Insurance Policy, or as required under
`
`Florida law. A copy of the Invoice is attached hereto as Exhibit B.
`
`- 21 -
`
`
`
`13.
`
`Plaintiff would derive a direct benefit from the Court's judgment ordering the
`
`Defendant to pay interest and attorneys fees even if Defendant pays all or some of the disputed
`
`comprehensive and/or collision benefits and/or statutory expenses before judgment is entered after
`
`suit is filed.
`
`14.
`
`As a direct result of the Defendant's failure and refusal
`
`to afford benefits in
`
`accordance with the previously described policy of insurance and Florida law, the Plaintiff, as
`
`assignee of the Insured, has retained the undersigned attorneys to represent it in this action, and is
`
`hereby entitled and demands to recover reasonable attorneysfees pursuant to Florida Statute,
`
`Section 627.428.
`
`WHEREFORE, Plaintiff, MOBILE AUTO GLASS REPAIR LLC d/b/a MR. AUTO
`
`GLASS a/a/o NONOY REUTER, demands judgment against
`
`the Defendant
`
`for unpaid
`
`comprehensive and/or collision insurance benefits, together with pre-judgment interest thereon, all
`
`interest on any past benefits not timely paid, statutory expenses, costs and attorneys fees, including
`
`a contingency multiplier, pursuant to §627.428, Florida Statutes, Florida Statutes, legal assistant
`
`fees pursuant to §57.104, Florida Statutes, and costs pursuant to §92.231 and §57.041, Florida
`
`Statutes, and such further relief as the Court may deem just and proper.
`DATED this 5th day of August, 2019.
`
`Is/ John Z. Lakrow, Esq.
`Imran Malik, Esquire
`Bar No.: 0041501
`John Z. Lagrow, Esquire
`Bar No.: 0157678
`MALIK LAW P.A.
`1061 Maitland Center Commons Blvd
`Maitland, FL 32751
`Tel: (407) 203 5303
`Fax: (407) 792 6462
`Primary Email: autoglass@imaliklaw.com
`
`- 22 -
`
`
`
`Mobile Auto Glass Repair, LLC
`' DBA: Mr. Auto Glass
`' MV-85496
`
`„
`
`afti~,
`640 Brooker Creek Blvd.
`44.107
`Suite 420
`Oldmar, FL 34677
`mouvaimufiaccom PH: (727)
`498-5988
`Ph: (813)Today's Date:05/29/2019
`448-3800
`
`Invoice: 1-32840
`
`Insured:
`NONOY REUTER
`
`Scheduled:
`
`Insurance.
`HARTFORD
`P.O. BOX 182277
`COLUMBUS OH 43218
`
`Ph:(877)805-9918 Fax:(860)757-5861
`
`PO
`
`TermsC.O.D
`
`Csr:LW
`Teeh:KKN
`Pelicy:21 P11966473-09260
`Rep:EP
`Vehic1e2016 BMW 4281 2 DOOR CONVERTIBLE VIN:WBA3V7C50G5A24729
`QU r___1.),zefizion
`List Price
`Material
`I FW04346GYY - Windshield Green Tini/Gniy Shade
`861.20
`561.20
`(w/Attcb)(R/s Bracket)(Selar)(Rain Sensor)
`2.00 HAH000456 Adhesive(Nags) (Ncin-Canductive) (100)
`(Ureihane,Dam,Primer)
`1 MOBILE SURCHARGE - MISC. AUTO
`
`_.
`
`90.00
`
`25.00
`
`25.00
`
`itI.Tç, TennsNET 30
`
`Labor
`459.00
`
`Item Tv,
`1,320,20
`
`0.00
`
`180.00
`
`0.00
`Sub-Total:
`
`23,00
`1,525,20
`
`ODOMETER:
`
`Ali parts invoiced arc NEW and never used, reconditioned or rebuilt,
`
`Signature
`I acknowledge the above assignment and that the good and/or serviees have been provided to my complete
`satisfaction.
`
`NIkerial
`1,066.20
`
`Ulm
`459.00
`
`IAN
`106.76
`
`Total
`1,631.96
`
`Deductible
`0.00
`
`Payments
`0.00
`
`Balanc
`1,631.96
`
`vers:9.2.10
`
`Page: 1
`
`
`
`Post Inspection Work Order 32040
`
`lifiV-05496
`
`Corporate Office
`640 Brooker Creek Blvd. Suite 420
`Oldsmar, PL 34677
`(813)448-3800. (727)498-5988
`(941)893-3333 (352)505.7777 t (904)515-5115
`
`Customer information
`
`Firs( Name
`Nonoy
`
`Insurance Information
`
`Insurance Company
`HARTFORD
`Date of Loss
`524/2019
`
`Last Name
`Reuter
`
`Policy Number
`
`Advanced Driver Assist
`I hereby acknowledge that I have been advised by Mr. Auto Glass that my Advanced Driver Assist System may need
`to be calibrated and acknowledge that it is my responsIbiiity to cheek with the dealer or independent calibration
`cornpany to have such service completed for the safety of my occupants. The failure to follow up or have any
`calibrafion servioe completed is my responsibility.
`
`Assignment of Benefits
`I, the undersigned insured or as agent of the insured with express authority to sign this, hereby assign any and all
`insurance righ%, benefits and proceeds under any applicable insurance policies to Mobile Auto Glass Repair, LLC. I
`make this assignment in consideration of Mobile Auto Glass Repair, LLC's agreement to perform services and supply
`materials and otherwise perform Its obligations under this contract, including not requinng full payment et the time of
`service. Mobile Auto Glass Repair, LLC promises to release the insured from any obligaton to pay the difference
`between the amounts the insurer pays, and prices charged by Mobile Auto Glass Repair, LLC. I hereby direct my
`Insurance carrier to release any and all information requested by Mobile Auto Glass Repair, LLC and to accept (dice
`of claim from Mobile Auto Glass Repair, LUC.
`
`I acknowledge the above assignment and that the goods and /or services have been provided to my
`complete satisfaction.
`
`1
`
`
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