Draft of Complaint for lawsuit for uninsured motorist insurance

IN THE CIRCUIT COURT OF THE FORTEENTH JUDICIAL CIRCUIT IN AND FOR HOLMES COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.:
Client*,
Plaintiff,
vs.
ROBERTO L. SOLIS,
a Florida resident, Richard Gallion, a Florida Resident Nationwide Mutual Insurance Company, a STATE corporation, licensed and doing business in the state
of Virginia and Florida
Defendants.
_________________________________/
COMPLAINT
COMES NOW the Plaintiff, client, by and through her undersigned counsel, and sues the Defendants, ROBERTO L. SOLIS, STATE FARM MUTUAL AUTOMOBILE INSURANCE CO. (hereinafter referred to as “STATE FARM”), and UNITED SERVICES AUTOMOBILE ASSOCIATION (hereinafter referred to as “USAA”) and states as follows:
GENERAL ALLEGATIONS APPLICABLE TO ALL COUNTS
1. This is an action for damages which exceed Fifteen Thousand Dollars ($15,000.00) exclusive of interest, costs and attorneys fees.
2. That at all times material hereto, the Plaintiff, client, was and is a resident of Richmond, Henrico County, Virginia.
3. That at all times material hereto, the Defendant, ROBERTO L. SOLIS, was and is a resident of Crestview, Okaloosa County, Florida .
4. That at all times material hereto, the Defendant, STATE FARM, was and is, an insurance company licensed to do business in the state of Florida, was authorized to engage in the business of selling and underwriting insurance, and was doing business in HOLMES County, Florida.
5. That at all times material hereto, the Defendant, USAA, was and is, an insurance company licensed to do business in the state of Florida, was authorized to engage in the business of selling and underwriting insurance, and was doing business in HOLMES County, Florida.
6. That at all times material hereto, the Defendant, STATE FARM, was and is, an insurance company licensed to do business in the state of Florida, who designated the Chief Financial Officer, P.O. Box 6200, 200 E. Gaines Street, Tallahassee, Florida 32399, as its Registered Agent for services of process.
7. That at all times material hereto, the Defendant, USAA, was and is, an insurance company licensed to do business in the state of Florida, who designated the Chief Financial Officer, P.O. Box 6200, 200 E. Gaines Street, Tallahassee, Florida 32399, as its Registered Agent for services of process.
8. That the Defendant, STATE FARM, issued in exchange for a valuable consideration, a policy of automobile insurance to the Plaintiff, client, under policy number G208-760-59E, which provided insurance benefits to the Plaintiff, client. (A copy of the affidavit of insurance coverage provided by the Defendant, STATE FARM, is attached hereto and incorporated herein as exhibit “A”.) Further, the terms and conditions of said insurance policy are incorporated herein by reference. Additionally, said policy was in full force and effect at all material and relevant times herein.
9. That the Defendant, USAA, issued in exchange for valuable consideration, a policy of automobile insurance to Ellis Melton, under policy number 704856-7102-08, which provided insurance benefits to the Plaintiff, client. (A copy of the affidavit of insurance coverage provided by the Defendant, USAA, is attached hereto and incorporated herein as exhibit “B”.) Further, the terms and conditions of said insurance policy are incorporated herein by reference. Additionally, said policy was in fill force and effect at all material and relevant time herein.
10. Plaintiff is resident is the resident of Virginia Nationwide is served as the underinsured motorist carrier for the plaintiff.
11. On or about July 21, 2004, at approximately 10:41 a.m., the Plaintiff, client, was the passenger of a vehicle being driven by Ellis Melton, traveling eastbound on S.R. 400 in Kissimmee, Osceola County, Florida.
11. That at said time and place, the Defendant, ROBERTO L. SOLIS, an uninsured motorist, negligently operated or maintained her motor vehicle, so as to collide with the Plaintiff, client’S, vehicle causing injuries to the Plaintiff.
12. That the policy from the Defendant, STATE FARM, provided for uninsured motorist benefits to the Plaintiff, client.
13. That the policy from the Defendant, USAA, provided for uninsured motorist benefits to the Plaintiff, client.
14. That the Plaintiff, client, has complied with all terms and conditions precedent to entitlement to uninsured motorist benefits under the STATE FARM policy.
15. That the Plaintiffs, client, has complied with all terms and conditions precedent to entitlement to uninsured motorist benefits under the USAA policy.
16. That pursuant to the terms and conditions of the STATE FARM policy, the Plaintiff, client, named the Defendant, STATE FARM, as a Defendant so as to allow the Defendant, STATE FARM, the opportunity to defend against the Plaintiff, client’S, claim for uninsured motorist benefits under the terms and conditions of the STATE FARM policy.
17. That pursuant to the terms and conditions of the USAA policy, the Plaintiff, client, has named the Defendant, USAA, as a Defendant so as to allow the Defendant, USAA, the opportunity to defend against the Plaintiff, client’S, claim for uninsured motorist benefits under the terms and conditions of the USAA policy.
COUNT I
18. The Plaintiff, client, hereby incorporates and re-alleges paragraphs one (1) through seventeen (17) as if fully set forth herein.
19. That as a direct and proximate result of the collision set forth herein, and the negligence of the Defendant, ROBERTO L. SOLIS, the Plaintiff, client, suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expenses of hospitalization, medical and nursing care and treatment, loss of earnings, the loss of ability to earn money, and an aggravation of a previous existing condition. The losses are permanent and continuing in nature, and the Plaintiff will suffer the losses in the future.
WHEREFORE, the Plaintiff, client, seeks all damages allowable under Florida Law, against the Defendant, ROBERTO L. SOLIS, and demands a trial by jury on all issues so triable.
COUNT II
20. The Plaintiff, client, hereby incorporates and re-alleges paragraphs one (1) through seventeen (17) as if fully set forth herein.
21. This is an action for uninsured motorist benefits, by the Plaintiff, client, for damages sustained due to the negligence of an uninsured motorist.
22. That despite demands by the Plaintiff, client, to date, the Defendant, STATE FARM, has refused and continues to refuse to honor the Plaintiff, client’S, request for payment under the applicable uninsured motorist provisions of the STATE FARM policy.
23. That the Plaintiff, client, has demanded payment of uninsured motorists benefits from the Defendant, STATE FARM, but the Defendant has failed and refused to pay the same which is a breach of the Defendant’s insurance contract with the Plaintiff, client.
24. That as a result of the collision set forth herein, the Plaintiff, client has suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical nursing care and treatment, lost wages, loss of ability to earn money, and aggravation of a previously existing condition. The losses are either permanent or continuing in nature and the Plaintiff will continue to suffer the losses in the future.
WHEREFORE, the Plaintiff, client, seeks all damages allowable under Florida Law, against the Defendant, STATE FARM, and demands a trial by jury on all issues so triable.
COUNT III
25. The Plaintiff, client, hereby incorporates and re-alleges paragraphs one (1) through seventeen (17) all prior material paragraphs as if fully set forth herein.
26. This is an action for uninsured motorist benefits, by the Plaintiff, client, for damages sustained due to the negligence of an uninsured motorist.
27. That despite demands by the Plaintiff, client, to date, the Defendant, USAA, has refused and continues to refuse to honor the Plaintiff, client’S, request for payment under the applicable uninsured motorist provisions of the USAA policy.
28. That the Plaintiff, client, has demanded payment of uninsured motorist benefits from the Defendant, USAA, but the Defendant has failed and refused to pay the same which is a breach of the Defendant’s insurance contract with Ellis Melton and the Plaintiff, client, a beneficiary under the policy.
29. That as a result of the collision set forth herein, the Plaintiff, client, has suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical nursing care and treatment, lost wages, loss of ability to earn money, and aggravation of a previously existing condition. The losses are either permanent or continuing in nature and the Plaintiff will continue to suffer the losses in the future.
WHEREFORE, the Plaintiff, client, seeks all damages allowable under Florida Law, against the Defendant, USAA, and demands a trial by jury on all issues so triable.
Dated this _____ day of December, 2007.
LAW OFFICES OF JUSTIN ZIEGLER
___________________________________
Counsel for the Plaintiff
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. mail to: on this ___ day of December, 2007.
___________________________________
Justin Ziegler, Esquire
Florida Bar No.: 662305
9100 S. Dadeland Blvd Suite 512
Miami, Florida 33156
Telephone: 305-403-0966

* We have used the term client instead of our client’s actual name so as not to violate an HIPAA laws.