8620576.1

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

SARA VILLAMAR,

Plaintiff, CASE NO.: 1:22-cv-23181-KMW

v. 

LEXINGTON INSURANCE COMPANY,

Defendant.

_________________________________________/

DEFENDANT’S REMOVAL STATUS REPORT

The Defendant, LEXINGTON INSURANCE COMPANY (the “Defendant” or 

“Lexington”), by and through undersigned counsel, and hereby files its Removal Status Report as 

required by this Court’s Order entered on October 6, 2022 [Doc. 3], and in accordance therewith 

the Defendant states as follows:

(1) A plain statement of the nature of the claim and any counterclaim, cross-claim 

or third-party claim made in state or federal court, including the amount of damages claimed 

and any other relief sought.

This breach of contract action stems from a property insurance claim under Policy Number 

23247975-02 (the “Policy”). The subject claim is related to the insured property located at 3485 

N. Meridian Avenue, Miami Beach, FL 33140 (the “Property”), which is owned by the Plaintiff, 

and was insured by the Policy. The Policy at issue was in effect from August 14, 2020 through 

August 14, 2021. Claim number 683-677980 stems from a windstorm claim for damages to the 

Property, in which Plaintiffs initially provided a date of loss of October 19, 2020 and reported the 

loss on November 23, 2021. During the investigation of the claim, the Plaintiff requested that the 

date of loss be changed to April 11, 2021 due to a “clerical mistake” committed by the staff of the 

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Insured’s Public Adjuster.

Lexington timely acknowledged receipt of the late reported claim and adjusted the loss in 

accordance with the Policy and Florida law. Lexington investigated the loss and found that 

coverage would not be afforded to the roof of the subject Property pursuant to the terms and 

conditions of the Policy as the damages were not the result of a storm related event but were related 

to age related deterioration, wear and tear, foot traffic, thermal expansion/contraction of the roof 

tiles, and deferred repairs. Lexington provided coverage for the interior damages in the amount of 

$12,858.50. 

Pursuant to the Civil Cover Sheet filed by Plaintiff in the state court action, the estimated 

amount of the claim is over $100,000.00. Additionally, Plaintiff presented an estimate of damages 

prepared by Santos Public Adjusters identifying the total amount of damages as $149,771.32. 

Plaintiff claims Defendant breached the Policy by failing to provide necessary reimbursement for 

a covered loss in accordance with the insurance contract issued by the Defendant. There are no 

other claims at issue in this litigation. 

(b) A plain statement of the grounds for removal and a listing of all parties to the 

action, including parties to any third-party claim. 

The parties are Plaintiff, SARA VILLAMAR, and Defendant, LEXINGTON 

INSURANCE COMPANY. This action has been removed in accordance with 28 U.S.C. §§1322, 

1441, and 1446, in that all parties are of diverse citizenship and the amount in controversy exceeds 

$75,000.00, exclusive of interest and costs. Plaintiff is a citizen of the State of Florida, residing at 

3485 N. Meridian Avenue, Miami Beach, FL 33140. Defendant is not a citizen of Florida. 

Defendant is a Delaware corporation and maintains its principal place of business in 

Massachusetts. The amount in controversy exceeds $75,000 based on the estimate prepared by 

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Santos Public Adjusters on Plaintiff’s behalf totaling $149,771.32 and Plaintiff’s Civil Cover Sheet 

filing in the state court action, indicating that the estimated amount of the claim is over 

$100,000.00. See Notice of Removal [Doc. 1] ¶ 13. 

(c) A list of all pending motions.

There are no motions pending.

(d) A brief statement by each Defendant explaining whether or not each has joined 

the notice of removal. 

Lexington Insurance Company is the only defendant in this matter and filed the notice of 

removal. Therefore, all Defendants have joined the Notice of Removal. 

(e) A statement regarding whether Defendant has removed the action within 30 

days after the receipt by the Defendant of a copy of the initial pleading setting forth the claim 

for relief upon which such action or proceeding is based. 

This removal has been timely filed within one (1) year after commencement of the action 

and within thirty (30) days after Defendant received service of Plaintiff’s Summons and 

Complaint. Defendant was served with Plaintiff’s Summons and Complaint on or about September 

1, 2022. Defendant timely filed its Notice of Removal on September 30, 2022. See Notice of 

Removal [Doc. 1], ¶¶ 1, 2, and 5. 

(f) Copies of all records and proceedings in the state court proceedings by 

aforementioned date. 

A complete copy of all of the records and proceedings in the state court was previously 

filed on September 30, 2022 [Doc. 1-4].

Dated this 14th day of October, 2022.

 Respectfully submitted,

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8620576.1

CLAUSEN MILLER P.C.

By: /s/ Irene Thaler

IRENE THALER, ESQ., FBN: 88288

4830 West Kennedy Blvd., Suite 600

Tampa, Florida 33609

Phone: (813) 519-1027

ithaler@clausen.com

rgomez@clausen.com

ylyles@clausen.com

Counsel for Defendant

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been filed with the 

Clerk of the Court via CM/ECF on this 14th day of October, 2022. I also certify that the foregoing 

document is being served this day on all counsel of record:

Carlos Santi, Esq.

Property & Casualty Law Group

csanti@pclawgroup.com

CLAUSEN MILLER P.C.

By: /s/ Irene Thaler

IRENE THALER, ESQ.,

FBN: 88288

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