EXHIBIT "A"

Case 5:20-cv-00143-TKW-MJF Document 1-1 Filed 05/12/20 Page 1 of 4
Filing # 106460362 E-Filed 04/20/202003:12:01 PM 

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IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT 

IN AND FOR BAY COUNTY, FLORIDA 

CIVIL DIVISION 

J.W. MARINER CORPORATION, 

Plaintiff, Case No. 

v. 

ZURICH AMERICAN INSURANCE COMPANY, 

Defendant. 

/ ----------------------~ 

PETITION TO COMPEL APPRAISAL 

Plaintiff, lW. MARINER CORPORATION ("Plaintiff') by and through the 

undersigned counsel, files this Petition to Compel Appraisal, Select Umpire and 

Declaratory Action against Defendant, ZURICH AMERICAN INSURANCE 

COMP ANY ("Defendant") and states the following: 

COUNT I 

1. This is an action for damages in excess of Thirty Thousand One Dollars 

($30,001.00) exclusive of court costs, prejudgment interest and attorneys' fees. 

2. At all times material hereto, Plaintiff had an insurable interest in real property 

located at 615-637 N Highway 231, Panama City, in Bay County, Florida 32405 

(hereinafter the "insured premises"). 

3. At all times material hereto, Defendant was an insurance company authorized to 

conduct business in the State of Florida and was engaged in the business of insurance in 

Bay County, Florida. 

Case 5:20-cv-00143-TKW-MJF Document 1-1 Filed 05/12/20 Page 2 of 4
4. On or about March 10,2018, a wind event which caused physical damages to the 

insured's premises which are covered under the policy. See Exhibit A, the policy. 

5. The subject insurance policy was in full force and effect at the time of the loss. 

6. Plaintiff submitted a proof of loss, all documents/information requested that were 

in its possession, allowed inspections of the property, submitted to an examination under 

oath and offered that Plaintiff's public adjuster and contractor would be available to 

discuss any questions Defendant had regarding the claim. 

7. On November 19, 2019, Plaintiff requested to resolve the differences in appraisal. 

Please see Exhibit B, letter requesting appraisal. 

8. Plaintiff has complied with all conditions precedent to the filing of this action, 

and/or they have been waived by Defendant. Defendant has failed to pay the full claim 

amount owed to Plaintiff. The subject policy states the following: 

B. APPRAISAL 

If we and you disagree on the value of the property or the amount of the loss, either may make written 

demand for an appraisal of the loss. In this event, each party will select a competent, disinterested, and 

impartial appraiser who has no direct or indirect financial interest in the claim. The two appraisers will 

select an umpire. If they cannot agree, either may request that selection of an umpire be made by a judge of 

a court having jurisdiction. The appraisers will state separately the value of each item of lost or damaged 

property as of the date of loss and amount of loss in accordance with the Valuation provisions of the 

applicable Coverage Form or, if not stated, the "actual cash value" and "replacement cost". If they fail 

to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. 

See page 1 of7, of Exhibit A. 

The Defendant has not named its appraiser within the requisite time. 

9. Plaintiff made a written demand for an appraisal, but Defendant has 

refused to participate in the appraisal process and has failed to timely identify its 

appraiser. 

10. As a result of Defendant's failure to timely name its appraiser, the Plaintiff 

was required to retain counsel. 

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11. As a result of Defendant's failure to comply with the appraisal procedure 

set forth in the policy, Plaintiff has been forced to retain the undersigned attorneys and is 

obligated to pay a reasonable fee for their services. Plaintiff is entitled to payment from 

Defendant for attorney's fees pursuant to Section 627.428 of the Florida Statutes, legal 

assistant fees pursuant to Section 57.104 of the Florida Statutes, and attorney's costs, 

including expert fees, pursuant to Section 57.041 of the Florida Statutes. 

WHEREFORE, Plaintiff, lW. MARINER CORPORATION, respectfully requests 

this Honorable Court order Defendant to name its appraiser and that Defendant be 

required to pay Plaintiffs attorney's fees, costs and prejudgment interest. Plaintiff 

demands a trial by jury on all issues so triable. Plaintiff requests such other relief as this 

Court deems just and proper. 

DATED: April 20, 2020 

MERLIN LAW GROUP, P.A. 

lsi Kelly L. Kubiak 

KELL Y L. KUBIAK, ESQ. 

Florida Bar No.: 108952 

777 South Harbour Island Boulevard 

Suite 950 

Tampa, FL 33602 

Telephone: (813) 229-1000 

Facsimile: (813) 229-3692 

Attorneys for Plaintiff 

kkubiak@merlinlawgroup.com 

kubiakpl eadings@merlinlawgroup.com 

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