JAWAD SEBRING, LLC, IN THE CIRCUIT COURT OF THE 10TH 

JUDICIAL CIRCUIT IN AND FOR 

Plaintiff, HIGHLANDS COUNTY, FLORIDA 

v. GENERAL JURISDICTION DIVISION 

WESTCHESTER SURPLUS LINES CASE NO.: 

INSURANCE COMPANY, 

Defendant. 

/ 

COMPLAINT 

COMES NOW, the Plaintiff, JAWAD SEBRING, LLC, by and through the undersigned 

counsel and hereby files this Complaint against the Defendant, WESTCHESTER SURPLUS 

LINES INSURANCE COMPANY, and as grounds therefore state as follows: 

1. That this is an action for damages in excess of ONE HUNDRED THOUSAND 

DOLLARS ($100,000.00), exclusive of interest, attorney fees and costs, and is otherwise within 

the jurisdictional limits of this Court. 

2. That at all times material hereto the Defendant was an insurance company 

authorized to do business in the State of Florida and doing business in HIGHLANDS County, 

Florida. 

3. That at all times material hereto the Plaintiff was and is a resident of HIGHLANDS 

County, Florida, and are otherwise sui juris. 

4. That at all times material hereto, Plaintiff and Defendant had a policy of insurance, 

Policy Number F5F16162784 001, on Plaintiff's residence located at 2812 US 27 N, SEBRING, 

FL 33870, which afforded various types of coverages including coverage for damage to dwelling, 

Case 2:22-cv-14403-JEM Document 1-3 Entered on FLSD Docket 12/05/2022 Page 1 of 3
other structures, personal property, and for loss of use. Plaintiff is not in possession of a copy of 

the policy but believe one to be in possession of Defendant. 

5. On or about April 4, 2022, the above-described property was damaged as the result 

of a hailstorm. Defendant acknowledged claim and assigned claim no. KY22K2425203. 

6. As a result of this incident, the Plaintiff has suffered damage to the building on the 

subject property, damage to contents, and loss of use of the property and possessions therein. 

7. The Plaintiff has furnished the Defendant with timely notice of the loss, proof of 

claim and have otherwise performed all conditions precedent to recover under the policy and under 

the applicable Florida Statutes, but the Defendant has refused and continues to refuse to pay either 

part or all of the Plaintiffs claim. 

COUNT I — BREACH OF CONTRACT 

Plaintiff readopts and realleges Paragraphs 1 through 7 above as if fully stated herein, and 

further alleges as follows: 

8. That the Defendant's denial of coverage and refusal to pay the full amount of the 

claim was contrary to the terms of the policy and/or Florida law and was a breach of said contract 

of insurance. 

9. The Plaintiff has been damaged by the Defendant's breach of said contract of 

insurance by having not been compensated for the damage sustained to the building on the subject 

property, damage to contents, and loss of use of the property and possessions taken from therein. 

10. That as a direct and proximate result of the Defendant's refusal to pay the Plaintiff's 

claim, the Plaintiff has been required to retain the services of the undersigned attorneys to represent 

Case 2:22-cv-14403-JEM Document 1-3 Entered on FLSD Docket 12/05/2022 Page 2 of 3
and protect the Plaintiffs interests and Plaintiff has become obliged to pay them a reasonable fee 

for their services in bringing this action. 

11. In the event that the Plaintiff prevails in this action, Plaintiff is entitled to an award 

of attorney fees and costs pursuant to Florida Statute Section 627.428 or other Florida law. 

WHEREFORE, the Plaintiff, JAWAD SEBRING, LLC, demand judgment against the 

Defendant, WESTCHESTER SURPLUS LINES INSURANCE COMPANY, for damages 

including but not limited to damage to the building, contents, loss of use, interest allowed by law, 

and reasonable attorney fees and costs pursuant to Florida Statute Section 627.428 or other Florida 

law, and the Plaintiff demands trial by jury of all issues triable as a matter of right by jury. 

DEMAND FOR JURY TRIAL 

Plaintiff demands trial by jury of all issues to triable as a matter of right. 

Dated this Friday, September 23, 2022. 

By: /s/ Jesus David Moises 

Jesus David Moises, Esq. 

Florida Bar No. 104457 

By: /s/ Daniel R. Gross 

Daniel R. Gross, Esq. 

Florida Bar No. 91124 

MOISESIGROSS, P.L.L.C. 

Counsel for Plaintiff 

999 Ponce de Leon Blvd. Ste. 945 

Coral Gables, FL 33134 

E-mail: service@moisesgross.com 

Secondary E-mail: rnieto@moisesgross.com 

Office: (305) 306-3055 

Facsimile: (305) 907-5319 

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