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Home My WebLink About2021 03 23 Code Enforcement Board Regualr Meeting Item 501 - Case# 2019CE003151 Respondent Submitted Information 2021 03 23 The following documents were submitted in to the record by the Respondents at the March 23 Code Enforcement Regular Meeting related to Item 501 - Case 2019CE003151 (55 Hayes Road ) 111 N. ORANGE AVE SUITE 800 ORLANDO, FL 32801 321-888-3955 0 B LEGAL 407-537-9763 DAViDL4?BF:AIILEGALSOLUTIONS.COM 0 SOLUTIONS BEARLEGALSOLUTIONS.COM March 3, 2021 City of Winter Springs Att: Code Enforcement Board 1126 East State Rd 434 Winter Springs, FL 32708 RE: Pendarvis v. Heritage Complaint No.: 2019CE003151 Address: 55 Hayes Road, Winter Springs, FL 32708 Winter Springs Code Enforcement Board: Please be advised that I represent John Pendarvis and Christine Abruzzese in regard to their insurance claim for the damage to their property at 55 Hayes Road, Winter Springs, FL 32708 ("The Insured Property") which occurred on or about April 6, 2019 due to wind and hail ("The Loss") and which their insurance carrier Heritage Property & Casualty Insurance Company ("Heritage") assigned claim number HP203019. In response to The Loss, Mr. and Mrs. Pendarvis' roof began to leak. In order to stop additional water intrusion, they had a tarp placed on their roof. Because of The Loss, Mr. and Mrs. Pendarvis filed a claim with their insurance carrier, Heritage. Despite the significant amount of hail and wind damage present, Heritage refused to provide coverage for The Loss. We have had to file a lawsuit against Heritage and are currently litigating the matter. The case is filed in Seminole County and is assigned case number 2020-CC- 01889. 1 am optimistic that we will be able to resolve the insurance claim shortly. Once we resolve the insurance claim, Mr. Pendarvis and Mrs. Abruzzese will have sufficient funds to replace their roof. I know they have a roofer lined up and are under contract with him. I request that the City of Winter Springs provide Mr. Pendarvis and Mrs. Abruzzese an extension on this code issue until after their claim is resolved. Once the claim is resolved, then it would certainly be proper for the City to make sure that the insurance proceeds are used to replace the roof. As a Winter Springs resident myself, I certainly understand the desire to eliminate temporary repairs such as tarps. Mr. Pendarvis and Mrs. Abruzzese certainly want to get rid of the blue tarp on their roof, as well. But they also want to get the insurance coverage that they have paid premiums for all these years. Giving them an extension until they obtain the insurance proceeds they are entitled to strikes a fair balance on these issues. If you have any questions, please feel free to write or call. Very truly yours, David R. Bear 321-88: • • Filing # 112666657 E-Filed 08/31/2020 06:07:44 PM IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR SEMINOLE COUNTY,FLORIDA JOHN PENDARVIS and CHRISTINE PENDARVIS Plaintiff, CASE NO.. V. HERITAGE PROPERTY& CASUALTY INSURANCE COMPANY COMPLAINT FOR BREACH OF CONTRACT AND DEMAND FOR JURY TRIAL COMES NOW the Plaintiffs, JOHN PENDARVIS and CHRISTINE PENDARVIS, by and through their undersigned attorney,and file this Complaint against the Defendant,HERITAGE PROPERTY AND CASUALTY INSURANCE COMPANY, and as grounds therefore, state as follows: GENERAL ALLEGATIONS 1. At all times relevant, JOHN PENDARVIS and CHRISTINE PENDARVIS were residents of the State of Florida,owning the property which is the subject of the at issue insurance policy and residing in Seminole County,Florida. 2. At all times relevant hereto, the Defendant, HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY, was an insurance company organized and existing under the laws of the State of Florida and doing business in the State of Florida. 3. The amount in controversy in this action does not exceed Thirty Thousand Dollars ($30,000.00), exclusive of pre judgment interest, court costs, and attorneys' fees. BREACH OF CONTRACT 4. Plaintiffs,JOHN PENDARVIS and CHRISTINE PENDARVIS, reallege each and every allegation set forth in Paragraphs 1 through 3 above, as if fully set forth herein. 5. This is an action for damages for breach of an insurance contract against HERITAGE PROPERTY& CASUALTY INSURANCE COMPANY. 6. JOHN PENDARVIS and CHRISTINE PENDARVIS own the property and residence at 55 Hayes Road, Winter Springs,FL 32708, ("Their Property and Residence"or"John Pendarvis and Christine Pendarvis'Property and Residence"). 7. Since March 2015 through the date of this Complaint, JOHN PENDARVIS and CHRISTINE PENDARVIS have insured Their Property and Residence with HERITAGE PROPERTY& CASUALTY INSURANCE COMPANY. 8. At the time HERITAGE PROPERTY& CASUALTY INSURANCE COMPANY agreed to insure John Pendarvis and Christine Pendarvis' Property and Residence on or about March 2015, the policy application was reviewed by HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY's underwriting department. 9. Contemporaneous with issuing its insurance policy to JOHN PENDARVIS and CHRISTINE PENDARVIS on or about March 2015, HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY's underwriting department determined that JOHN PENDARVIS and CHRISTINE PENDARVIS' Property and Residence was in good condition and was not damaged. 10. Contemporaneous with issuing its insurance policy to JOHN PENDARVIS and CHRISTINE PENDARVIS on or about March 2015, HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY's underwriting department found that JOHN PENDARVIS and CHRISTINE PENDARVIS'Property and Residence complied with its underwriting guidelines for new policies. 11. In consideration of the premium paid to it, on March 2015 HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY issued to JOHN PENDARVIS and CHRISTINE PENDARVIS a contract of insurance which was renewed on March 2016, March 2017, March 2018, and March 2019 and was in full force and effect at the time of the subject loss and damage at John Pendarvis and Christine Pendarvis'Property and Residence at 55 Hays Road, Winter Springs, FL 32708 on April 6, 2019. Plaintiffs have attached hereto as Exhibit "A" what is believed to be a true and accurate copy of the applicable Insurance Policy which was in existence from 3/2/2019 through 3/2/2020. 12. A copy of the applicable Insurance Policy which was in effect from 3/2/2019 through 3/2/2020 is believed to be in the possession of HERITAGE PROPERTY&CASUALTY INSURANCE COMPANY and has been requested by Plaintiffs through written discovery. 13. During the period of coverage under the insurance policy,JOHN PENDARVIS and CHRISTINE PENDARVIS'Property and Residence suffered direct physical damage and loss due to hail and high speed winds. 14. HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY has acknowledged that there was a covered loss to JOHN PENDARVIS and CHRISTINE PENDARVIS' Property and Residence due to the April 6, 2019 hail and high speed winds. However, HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY has refused to provide the full covered which JOHN PENDARVIS and CHRISTINE PENDARVIS are owed under their Policy for this covered loss. 15. HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY has had extensive opportunity to learn that the coverage they provided to JOHN PENDARVIS and CHRISTINE PENDARVIS is improper. Further, JOHN PENDARVIS and CHRISTINE PENDARVIS have provided HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY sufficient information from which they should know that the coverage provided was insufficient. Nevertheless,HERITAGE PROPERTY&CASUALTY INSURANCE COMPANY continues to withhold full coverage and policy benefits which are owed to JOHN PENDARVIS and CHRISTINE PENDARVIS under the Policy of insurance for the covered direct physical damage and loss that occurred. COUNT 16. Plaintiffs JOHN PENDARVIS and CHRISTINE PENDARVIS, reallege each and every allegation set forth in Paragraphs 1 through 15 above, as if fully set forth herein. 17. On or about April 6, 2019, the roof of John Pendarvis and Christine Pendarvis' Property and Residence was damaged as a result of hail and high speed winds. Water intrusion resulted from this covered damage. 18. Hail and high speed wind caused damage to John Pendarvis and Christine Pendarvis' Property and Residence, including but not limited to loss of granulation, damage to the asphalt components of the shingle, damage to the matting of the shingle,weakening of the shingle, dislodged shingles, creased shingles, water intrusion, as well as other damage. 19. As a result of this damage to the roof,water intrusion occurred into John Pendarvis and Christine Pendarvis'Property and Residence which caused additional damage. 20. The hail and high speed wind which caused loss and damage to John Pendarvis and Christine Pendarvis' Property and Residence was a peril for which the policy of insurance issued by HERITAGE PROPERTY& CASUALTY INSURANCE COMPANY provided coverage. 21. The sudden and accidental loss and damage from hail and high speed wind caused JOHN PENDARVIS and CHRISTINE PENDARVIS to sustain a loss to Their Property and Residence, which is covered property. 22. The sudden and accidental loss and damage caused by hail and high speed wind caused and continues to cause JOHN PENDARVIS and CHRISTINE PENDARVIS to incur additional expenses and loss. 23. JOHN PENDARVIS and CHRISTINE PENDARVIS made a timely claim to HERITAGE PROPERTY& CASUALTY INSURANCE COMPANY for the damage and loss. 24. JOHN PENDARVIS and CHRISTINE PENDARVIS requested HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY pay for these covered damages in accordance with the policy of insurance which they have paid the premiums on. 25. JOHN PENDARVIS and CHRISTINE PENDARVIS have done and performed all those matters and things properly required of them under the insurance policy, or, alternatively, has been excused from performance by the acts, representations, and/or conduct of HERITAGE PROPERTY& CASUALTY INSURANCE COMPANY. 26. Notwithstanding the foregoing, HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY has failed and refused and continues to refuse to provide proper coverage and to fully and properly pay the amounts due to JOHN PENDARVIS and CHRISTINE PENDARVIS under the Policy for the aforementioned damages despite knowing that it is required to do so and has thereby breached the contract of insurance. 27. As a direct result of HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY' breach of the insurance contract, JOHN PENDARVIS and CHRISTINE PENDARVIS have been financially damaged and continue to suffer damage and loss. 28. As a result of HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY's breach of the insurance contract, it has become necessary for JOHN PENDARVIS and CHRISTINE PENDARVIS to incur and become obligated for attorney's fees and costs in connection with the prosecution of this action. JOHN PENDARVIS and CHRISTINE PENDARVIS are entitled to have HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY pay for said fees and costs pursuant section 627.428,Florida Statutes. WHEREFORE, Plaintiffs JOHN PENDARVIS and CHRISTINE PENDARVIS pray this Court Order Defendant HERITAGE PROPERTY& CASUALTY INSURANCE COMPANY to pay in full the indemnity provided under the Policy of Insurance between the parties, and to award them actual and compensatory damages,pre judgment interest, costs of this action,attorney's fees, and such other and further relief as this Court deems appropriate. DEMAND FOR JURY TRIAL JOHN PENDARVIS and CHRISTINE PENDARVIS demand a trial by jury of all issues so triable as of right by a jury. Date: August 31 st, 2020. Respectfully submitted, fsi David R. Bear DAVID R. BEAR,ESQUIRE Florida Bar No: 43269 Bear Legal Solutions 111 North Orange Avenue, Suite 800 Orlando, FL 32801 Telephone: (321) 888-3955 Facsimile: (407) 891-8730 David d BearLeg,alSolutions.com Liz:e1 BearLegalSolutions.com