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HERSKOWITZ SHAPIRO, PLLC

Two Datran Center • 9130 S. Dadeland Blvd. • Suite 1609 • Miami FL 33156 • (305) 423-1988

UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 20-22615-CIV-WILLIAMS

MALAUBE, LLC, d/b/a SPRIS

ARTISAN PIZZA, a Florida Limited 

Liability Company,

Plaintiff,

vs. 

GREENWICH INSURANCE 

COMPANY, a Delaware Corporation,

Defendant.

AMENDED COMPLAINT

COMES NOW, Plaintiff, Malaube, LLC d/b/a Spris Artisan Pizza (“Spris”) and brings

this Amended Complaint against Defendant, Greenwich Insurance Company (“Greenwich”),

and alleges as follows:

1. This is a cause of action for Declaratory Judgment pursuant to F.S. § 86, et seq.

to construe and declare the rights, obligations, statues, and privileges of the parties as the named 

insured and insurer under a commercial lines insurance policy, and for breach of contract.

2. Spris is a Florida Limited Liability Company, with its sole member being a 

resident of Florida.

3. Greenwich is foreign for-profit Delaware corporation with its principal place of 

business in Connecticut. Greenwich is authorized to and doing business in Miami-Dade County,

Florida, by issuing insurance policies to its insured, including the issuance of policy number

Case 1:20-cv-22615-KMW Document 5 Entered on FLSD Docket 06/30/2020 Page 1 of 7
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HERSKOWITZ SHAPIRO, PLLC

Two Datran Center • 9130 S. Dadeland Blvd. • Suite 1609 • Miami FL 33156 • (305) 423-1988

PHK-0950951-02 to Spris for the period of September 25, 2019 through September 25, 

2020.

 JURISDICTION AND VENUE

4. This Court has jurisdiction over the subject matter of this action pursuant to 28 

USC § 1332(a). Plaintiff is a Florida Limited Liability Company with its sole member being a 

Florida resident. Defendant is a Delaware corporation with its principal place of business in 

Connecticut. The amount in controversy, exclusive of interest and cost, exceeds $75,000.00.

5. Venue is appropriate in thisJudicial District, pursuant to 28 U.S.C. § 1391, because 

the Defendant is subject to personal jurisdiction in this District, because the acts complained 

of by the Plaintiff giving rise to its claims occurred in this District, and because the property 

at issue is located in this District. 

6. All conditions precedent to the institution of this action have been met

through performance, waiver or otherwise.

FACTUAL BACKGROUND

7. On or about September 25, 2019, Greenwich entered into a contract of insurance 

with Spris, whereby Spris agreed to make payments to Greenwich in exchange for Greenwich’s 

promise to indemnify Spris for losses including, but not limited, business income losses at

Spris’ restaurant, Spris Artisan Restaurant (“Restaurant”).

8. The Restaurant serves italian cuisine to the citizens of Miami-Dade County,

Florida and its hours of operation are Monday through Thursday 11:00 a.m. to 10:00 pm and

Friday and Saturday 11:00 a.m. to 11:00 p.m. The Restaurant is located at 5748 Sunset

Drive, Miami, FL 33143. This address is listed as an insured property under the Policy (defined 

below).

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HERSKOWITZ SHAPIRO, PLLC

Two Datran Center • 9130 S. Dadeland Blvd. • Suite 1609 • Miami FL 33156 • (305) 423-1988

9. The Restaurant is covered under a policy issued by Greenwich with policy number

PHK-0950951-02 (hereinafter “Policy”), a copy of which is attached hereto as Exhibit “A”.

 10. The Policy is currently in full effect, providing business income (and extra 

expense), and business personal property, and additional coverages between the period of 

September 25, 2019 through September 25, 2020.

11. Spris faithfully paid policy premiums to Greenwich, specifically to provide 

additional coverages to ensure some protections in such a case as its business was interrupted.

12. Under the Policy, insurance is extended to apply to the actual loss of

business income sustained due to the necessary suspension of operations.

13. On March 17, 2020, Miami-Dade Mayor, Carlos Gimenez, signed an order to

close all restaurants for dining in and only permitting takeout and delivery.

14. On March 20, 2020, the Florida Governor, Ron DeSantis, issued an executive

order closing all onsite dining at restaurants (the March 17 and March 20 orders are collectively

referred to as the “Government Shutdowns”)

15. The Government Shutdowns by the local and state government resulted in 

significant business losses for Spris.

16. The Policy provides coverage to Spris for this situation under the

Additional

Coverages section of the Policy titled “Civil Authority”.

17. The Policy further states that Greenwich will pay for the actual loss of

business income Spris sustains and the Extra Expense caused by action of civil authority that

prohibits access to the described premises.

18. The Government Shutdowns that interfered with Spris’ access to its business

came as a result of the COVID-19 pandemic.

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HERSKOWITZ SHAPIRO, PLLC

Two Datran Center • 9130 S. Dadeland Blvd. • Suite 1609 • Miami FL 33156 • (305) 423-1988

19. The reason for the Government Shutdowns was the public reaction, by

individuals, institutions and governments, to address the public health crisis caused by the

COVID-19 pandemic.

20. The Government Shutdowns caused Spris to sustain significant losses and came 

as a direct result of the Government Shutdowns.

21. Greenwhich’s decision to deny Spris coverage may force Spris out of business.

This coverage is essential to Spris’ business survival.

22. A declaratory judgment determining that the coverage provided under the

Policy will prevent Spris from being left without vital coverage acquired to ensure the survival

of its business in circumstances as set forth hereinabove. As a result of the Government

Shutdowns, and Greenwhich’s decision to deny Spris coverage under the Policy, Spris has

incurred, and will continue to incur, substantial loss of business income and additional 

expenses covered under the Policy.

COUNT I – DECLARATORY RELIEF

23. Spris re-alleges and incorporates by reference into this cause of action each

and every allegation set forth in paragraphs 1-22 of this Complaint.

24. Spris has a bona fide, actual and present need for a declaration and construction 

of the Policy of insurance, its status, rights, and privileges, and Greenwich’s obligation to

provide coverage to Spris under the Policy, including the applicable coverage triggered under 

the Policy.

25. A bona fide, actual, and present dispute exists as to Spris’ rights and

Greenwich’s

obligations under the policy and this suit is not just a request for legal advice.

26. Spris has become obligated to retain counsel to represent it in this dispute

and

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HERSKOWITZ SHAPIRO, PLLC

Two Datran Center • 9130 S. Dadeland Blvd. • Suite 1609 • Miami FL 33156 • (305) 423-1988

Greenwich is required to pay Spris reasonable attorney’s fees pursuant to F.S. § 627.428.

WHEREFORE, Spris requests that the Court declare and construe the Policy of

insurance and enter its declaratory judgment as follows:

a. declare that the Policy issued by Greenwich to Spris provides coverage for the losses 

stemming from the Governmental Shutdowns of business operations for business 

income, extra expense, and all other coverage extension up to the limited of the

Policy;

b. grant further relief based on the declaratory judgment and after adjudication of

the rights of the parties, when necessary and proper, and, after notice to Greenwich,

require Greenwich to show cause why further relief should not be granted;

c. enter final declaratory judgment in Spris’ favor and against Greenwich for all 

declaratory and supplemental relief within the declaratory jurisdiction of this court, 

including taxing costs of suit, prejudgment interest, and reasonable attorney’s fees

and costs as part of the declaratory judgment.

d. enter an award of attorney’s fees and costs in Spris’ favor and against Greenwich.

COUNT II – BREACH OF CONTRACT 

27. Spris re-alleges and incorporates by reference into this cause of action each and 

every allegation set forth in paragraphs 1-22 of this Complaint.

28. Spris’ Policy is an insurance contract under which Greenwhich was paid 

premiums in exchange for promises to pay Spris’ losses for claims covered by the Policy.

29. In the Policy, Greenwhich promised to pay for losses of business income (and 

other expenses) sustained as a result of perils not excluded under the Policy. Specifically, 

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HERSKOWITZ SHAPIRO, PLLC

Two Datran Center • 9130 S. Dadeland Blvd. • Suite 1609 • Miami FL 33156 • (305) 423-1988

Greenwich promised to pay for losses of business income sustained as a result of a suspension 

of business operations during the Period of Restoration.

30. The public reaction, by individuals, institutions and governments, to address the 

public health crisis caused by the COVID-19 pandemic, such as the Government Shutdowns, 

caused direct physical loss at the Restaurant.

31. These suspensions and losses triggered business income (and other) coverage 

under the Policy.

32. Spris has complied with all applicable provisions of the Policy, including payment 

of policy premiums.

33. Greenwich, without justification, has refused performance under the Policy by 

denying coverage for these losses and expenses. Accordingly, Greenwich is in breach of the 

Policy.

34. As a result of Greenwich’s breach of the Policy, Spris has suffered actual and 

substantial damages for which Greenwich is liable.

WHEREFORE, Spris seeks compensatory damages resulting from Greenwich’s breach 

of the Policy, attorneys’ fees and costs, including under F.S. § 627.428, and such other and 

additional relief as is just and proper.

JURY TRIAL DEMAND

Plaintiff demands a trial by jury on all issues so triable.

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HERSKOWITZ SHAPIRO, PLLC

Two Datran Center • 9130 S. Dadeland Blvd. • Suite 1609 • Miami FL 33156 • (305) 423-1988

Respectfully submitted,

HERSKOWITZ SHAPIRO

Two Datran Center

9130 S. Dadeland Blvd., Suite 1609

Miami, FL 33156

t: (305) 423-1986; f: (305) 670-3884

By: /s/ Lyle E. Shapiro

 LYLE E. SHAPIRO 

Florida Bar No: 120324 

lyle@hslawfl.com

KRYSTINA T. ENDARA 

Florida Bar No.: 1004139 

krystina@hslawl.com

AND

GALLUP AUERBACH

4000 Hollywood Boulevard 

Presidential Circle-Suite 265 South 

Hollywood, Florida 33021

t: 954-894-3035; f: 954-894-8015

By: /s/ Jacob K . Auerbach 

JACOB K. AUERBACH 

Florida Bar No: 084003 

jauerbach@gallup-law.com

Counsel for Plaintiff

CERTIFICATE OF SERVICE

WE HEREBY CERTIFY that on June 30, 2020, this document was filed with the clerk 

of Court and was served via transmission of Notices of Electronic Filing generated by CM/ECF.

/s/ Lyle E. Shapiro -

 LYLE E. SHAPIRO

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