IN THE UNITED STATES BANKRUPTCY COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

)

In re )

DANIA CARIDAD YARRUHS )

Debtor )

)

)

)

Chapter 7

Case No.: 20-18364-RAM

BANKRUPTCY JUDGE

HONORABLE ROBERT A. MARK

CITIZENS PROPERTY INSURANCE CORPORATION’S MOTION FOR RELIEF 

FROM AUTOMATIC STAY

Any interested party who fails to file and serve a written response to this motion 

within 14 days after the date of service stated in this motion shall, pursuant to 

Local Rule 4001-1(C), be deemed to have consented to the entry of an order 

granting the relief requested in the motion.

CITIZENS PROPERTY INSURANCE CORPORATION (“CITIZENS”), through its 

undersigned attorneys hereby moves this Honorable Court for an entry of an order granting 

CITIZENS relief from the automatic stay and states as follows:

1. This is a Motion to obtain an order granting relief from the automatic stay under 11 U.S.C.

§§ 361 and 362.

2. On August 16, 2018 Laurencio & Associates, LLC a/a/o Dania Yarruhs (“Laurencio”)

served CITIZENS with a lawsuit alleging breach of contract for failure to pay insurance

proceeds subject to an assignment of benefits. (See complaint attached hereto as Exhibit

“A”).

3. On March 13, 2020 Summary Judgment was granted in favor of CITIZENS. (See Order

Granting Summary Judgment dated March 13, 2020).

Case 20-18364-RAM Doc 20 Filed 09/30/20 Page 1 of 31
4. On March 30, 2020 CITIZENS filed a Motion for Entitlement to Attorney’s Fees and

Taxable Costs. (See Motion for Entitlement to Attorney’s Fees and Taxable Costs attached

hereto as Exhibit C).

5. CITIZENS is not seeking to take any action to liquidate or collect a claim against the Filing

Debtor. CITIZENS is just seeking to recover its Attorney’s Fees and Taxable Costs against

Laurencio for having prevailed on its Motion for Final Summary Judgment.

6. Sufficient cause exists under 11 U.S.C. §362(d)(1), to terminate the automatic stay due to

CITIZENS not seeking to take any action to liquidate or collect a claim against the Filing

Debtor.

7. The Proposed Order for Relief from the Automatic Stay is attached hereto as Exhibit D.

8. CITIZENS requests that this Honorable Court grant the Motion for Relief from the

Automatic Stay.

WHEREFORE, CITIZENS PROPERTY INSURANCE CORPOATION respectfully

requests that this Honorable Court:

(a) Grant CITIZENS PROPERTY INSURANCE CORPOATION’s Motion;

(b) Terminate the automatic stay imposed under 11 U.S.C. §362;

(c) Order any other relief that this Court may deem just and proper.

Respectfully submitted

KELLEY KRONENBERG

/s/Kevin Sellar_______________

Kevin Sellar, Esq.

Fla Bar No. 123926

ksellar@kelleykronenberg.com

1475 Centrepark Boulevard

Suite 275

West Palm Beach, FL 33401

Telephone: (561) 684-5956

Case 20-18364-RAM Doc 20 Filed 09/30/20 Page 2 of 31
Facsimile: (561) 684-5753

Attorneys for Citizens Property Insurance 

Corporation

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of this Motion For Relief From 

Automatic Stay, Exhibits A, B, and C were furnished by electronic or U.S. Mail to Kevin C 

Gleason of Florida Bankruptcy Group, LLC attorney for Debtor Dania Yarruhs

kgpaecmf@aol.com, Trustee Ross R. Hartog trustee@mrthlaw.com and Joseph Padilla, Esq., 

eservice@insurancelawyers.org, ARNESEN WEBB, PA, 197 South Federal Highway, Ste. 300, 

Boca Raton, FL 33432, (561) 757-6000/(877) 241-2411 (F), Attorney for Laurencio & Associates, 

LLC on this 29th day of September 2020.

KELLEY KRONENBERG

/s/ Kevin Sellar

Kevin Sellar, Esq.

Fla. Bar No.: 123926

ksellar@kelleykronenberg.com

1475 Centrepark Boulevard

Suite 275

West Palm Beach, FL 33401

Telephone: (561) 684-5956

Facsimile: (561) 684-5753

Attorneys for Citizens Property Insurance 

Corporation

Address for service of pleadings only:

JDHeservice@kelleykronenberg.com

Case 20-18364-RAM Doc 20 Filed 09/30/20 Page 3 of 31
EXHIBIT "A"

Case 20-18364-RAM Doc 20 Filed 09/30/20 Page 4 of 31
*18-000193074*

*18-000193074*

CF1

cc to:

JAY ARNESEN

ARNESEN WEBB, P.A.

900 N. FEDERAL HWY.

STE 280

BOCA RATON, FL 33432

LAURENCIO & ASSOCIATES, LLC (A/A/O DANIA

YARRUHS)

CASE #: 2018CA026646

COURT: CIRCUIT COURT

COUNTY: MIAMI-DADE

PLAINTIFF(S) DFS-SOP #: 18-000193074

VS.

CITIZENS PROPERTY INSURANCE

CORPORATION

DEFENDANT(S)

_______________________________________/

SUMMONS, COMPLAINT, DISCOVERY, DOCUMENT REQUESTING THE DEPOSITION OF THE DEFENDANT'S

CORPORATE REPRESENTATIVE.

NOTICE OF SERVICE OF PROCESS

NOTICE IS HEREBY GIVEN of acceptance of Service of Process by the Chief Financial Officer of the

State of Florida. Said process was received in my office by ELECTRONIC DELIVERY on Monday,

August 13, 2018 and a copy was forwarded by ELECTRONIC DELIVERY on Thursday, August 16,

2018 to the designated agent for the named entity as shown below.

 CITIZENS PROPERTY INSURANCE CORPORATION

 ALLISON BEGLEY

 301 W. BAY STREET

 JACKSONVILLE, FL 32202

*Our office will only serve the initial process(Summons and Complaint) or Subpoena and is not responsible

for transmittal of any subsequent fillings, pleadings, or documents unless otherwise ordered by the Court

pursuant to Florida Rules of Civil Procedure, Rule #1.080

Jimmy Patronis

Chief Financial Officer

Office of the General Counsel - Service of Process Section

200 East Gaines Street - P.O. Box 6200 - Tallahassee, FL 32314-6200 - (850)413-4200

Case 20-18364-RAM Doc 20 Filed 09/30/20 Page 5 of 31
RECEIVED AS STATUTORY REGISTERED AGENT

on 13 August, 2018 and served on defendant or named party on 16 August, 2018

by the Florida Department of Financial Services

Case 20-18364-RAM Doc 20 Filed 09/30/20 Page 6 of 31
Case 20-18364-RAM Doc 20 Filed 09/30/20 Page 7 of 31
IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT

IN AND FOR MIAMI-DADE COUNTY, FLORIDA

CASE NO.:

LAURENCIO & ASSOCIATES, LLC

(a/a/o Dania Yarruhs), 

Plaintiff,

vs.

CITIZENS PROPERTY INSURANCE 

CORPORATION, 

Defendant.

_________________________________________________________________________

COMPLAINT

_________________________________________________________________________

Plaintiff, LAURENCIO & ASSOCIATES, LLC, by and through undersigned counsel, 

sues the Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, (hereinafter 

“Defendant”), and alleges:

1. This is an action for damages in excess of $15,000.00, exclusive of court costs, 

attorney’s fees, and interest, and therefore within the jurisdiction of this Court.

2. At all material times, Plaintiff, LAURENCIO & ASSOCIATES, LLC, (hereinafter 

“Plaintiff”), is or was a corporation organized and existing under the laws of the State of Florida 

with its principal place of business in Miami-Dade County, Florida, and does business in 

Miami-Dade County, Florida. Plaintiff is an assignee of Dania Yarruhs (hereinafter the 

“Assignor”).

3. At all material times, Defendant is a Florida company fully licensed to transact 

insurance in the State of Florida and maintains agents and/or other representatives for the 

transaction of its customary business in Miami-Dade County, Florida. 

4. At all material times, Defendant issued a policy of insurance which inured to 

the benefit of the Assignor identified as policy number 00076789 (hereinafter the “Policy”). 

Case 20-18364-RAM Doc 20 Filed 09/30/20 Page 8 of 31
The Policy provided property insurance for the Assignor’s property located at 15449 SW 

138th Place, Miami, Florida 33177. A complete copy of the Policy is presently unavailable to 

the Plaintiff, but should be in the possession of the Defendant herein and will be obtained 

through discovery.

5. On or about September 10, 2017, the Assignor suffered substantial damages 

to her property caused by Hurricane Irma. 

6. Plaintiff provided emergency water remediation services and other necessary 

services for the Assignor to mitigate the damages sustained in the subject loss and to prevent 

further damage.

7. The Policy was in full force and effect on the date of the subject loss.

8. The Policy provides insurance coverage for all of the losses, damages and 

expenses that Assignor has suffered and incurred with regard to the subject loss, including 

Plaintiff’s fees and charges for its water remediation services.

9. Assignor has either actually or equitably assigned the insurance benefits which 

she is entitled to under the Policy to Plaintiff, by writing, parol, or other course of conduct. 

Hence, the Plaintiff now stands in the position of Assignor. A copy of an assignment executed 

and/or agreed to and/or accepted by the Assignor is attached hereto and marked as Plaintiff’s 

Exhibit “A”.

10. Defendant was provided with prompt and timely notice of Plaintiff’s claim under 

the Policy and was promptly and timely provided with documentation of Plaintiff’s charges 

and amounts owed. 

11. Defendant acknowledged Plaintiff’s claim and assigned claim number 001-00-

112810.

12. All terms and conditions of the Policy and all conditions precedent to the 

bringing of the instant action have been performed, waived or excused.

Case 20-18364-RAM Doc 20 Filed 09/30/20 Page 9 of 31
13. To date, the Defendant has breached the Policy by refusing to pay Plaintiff for 

covered losses in the amount of $31,425.09.

14. Because of Defendant’s breach of contract by refusal to pay said covered 

losses, it has become necessary for the Plaintiff to retain the services of the undersigned 

attorney, and has agreed to pay a reasonable fee for said services, plus necessary costs. 

15. Pursuant to Chapter 627.428, Florida Statutes, Plaintiff is entitled to recover its 

attorney’s fees. 

WHEREFORE, Plaintiff, LAURENCIO & ASSOCIATES, LLC, demands that judgment 

be entered against the Defendant, for damages of all covered losses, interest on any and all 

overdue payments, attorney’s fees, costs, and any other remedy the court deems necessary 

and proper and demands trial by jury of all issues triable as of right by a jury. 

ARNESEN WEBB, P.A.

Attorneys for Plaintiff

197 S. Federal Highway, Ste. 300

Boca Raton, FL 33432

Telephone: (561)-757-6000

Facsimile: (877)-241-2411

paris@insurancelawyers.org

eservice@insurancelawyers.org

By____/s/ Paris R. Webb______

 PARIS R. WEBB

 Florida Bar No.: 713074

Case 20-18364-RAM Doc 20 Filed 09/30/20 Page 10 of 31
EXHIBIT A

Case 20-18364-RAM Doc 20 Filed 09/30/20 Page 11 of 31
EXHIBIT "B"

Case 20-18364-RAM Doc 20 Filed 09/30/20 Page 12 of 31
Case 20-18364-RAM Doc 20 Filed 09/30/20 Page 13 of 31
EXHIBIT "C"

Case 20-18364-RAM Doc 20 Filed 09/30/20 Page 14 of 31
Page 1 of 3

KELLEY KRONENBERG 

1475 CENTREPARK BLVD - SUITE 275 - WEST PALM BEACH, FLORIDA 33401 - (561) 684-5956 - (561) 684-5753 FAX

IN THE CIRCUIT COURT OF THE 11th

JUDICIAL CIRCUIT IN AND FOR 

MAIMI-DADE COUNTY, FLORIDA 

Case No.: 2018-026646-CA-01 

LAURENCIO & ASSOCIATES, LLC a/a/o 

DANIA YARRUHS, 

Plaintiff, 

vs. 

CITIZENS PROPERTY INSURANCE 

CORPORATION, 

Defendant. 

____________________________________/

DEFENDANT’S MOTION FOR ENTITLEMENT 

TO ATTORNEY FEES AND TAXABLE COSTS 

COMES NOW, the Defendant, CITIZENS PROPERTY INSURANCE 

CORPORATION (“CITIZENS”), by and through undersigned counsel, and pursuant to 

Fla. R. Civ. P. 1.525 and Fla. Stat. §768.79(6), hereby moves for entitlement to the 

recovery of its reasonable attorney fees and costs as the prevailing party against the 

Plaintiff, LAURENCIO & ASSOCIATES, LLC A/A/O DANIA YARRUHS (“Plaintiff”), and in 

support would state as follows: 

1. On March 13, 2020, counsel for the parties attended a special-set hearing

and presented oral arguments before this Honorable Court on CITIZENS’ Motion for Final 

Summary Judgment. 

2. On March 13, 2020, the Court issued an Order granting CITIZENS’ Motion

for Final Summary Judgment and entered judgment in favor of CITIZENS and against the 

Plaintiff. See a true and correct copy of said Order attached as Exhibit A. 

Filing # 105584407 E-Filed 03/30/2020 09:01:09 AM Case 20-18364-RAM Doc 20 Filed 09/30/20 Page 15 of 31
CASE NO.: 2018-026646-CA-01 

Page 2 of 3

KELLEY KRONENBERG 

1475 CENTREPARK BLVD - SUITE 275 - WEST PALM BEACH, FLORIDA 33401 - (561) 684-5956 - (561) 684-5753 FAX

3. On February 26, 2019, CITIZENS served a Proposal for Settlement to 

counsel for the Plaintiff, LAURENCIO & ASSOCIATES, LLC A/A/O DANIA YARRUHS, 

and filed a Notice of Service of same pursuant to Fla. Stat. §768.79 and Fla. R. Civ. P. 

1.442, true and correct copies of which are collectively attached hereto as Exhibit B. 

4. CITIZENS’ Proposal for Settlement to Plaintiff complies with Fla. R. C. P. 

1.442 in its entirety and was made in good faith. 

5. Plaintiff did not accept CITIZENS’ Proposal for Settlement within thirty (30) 

days and thus Defendant’s offer to settle was rejected by Plaintiff pursuant to Florida law. 

See, Fla. R. Civ. P. 1.442(f)(1); Fla. Stat. §768.79(1) & (4). 

6. Section 768.79(1) of the Florida Statutes states in pertinent part that: 

In any civil action for damages filed in the courts of this state, 

if a defendant files an offer of judgment which is not accepted 

by the plaintiff within 30 days, the defendant shall be entitled 

to recover reasonable costs and attorney’s fees incurred by 

her or him ... from the date of filing of the offer if the judgment 

is one of no liability. 

7. Since February 26, 2019, the undersigned counsel for CITIZENS has billed, 

and CITIZENS has incurred, significant attorney fees and costs for reasonable and 

necessary legal services rendered on behalf of CITIZENS in defending against the 

Plaintiff’s claims asserted in this action and expended on obtaining a final judgment in 

CITIZENS’ favor in this litigation. 

8. Accordingly, CITIZENS respectfully moves the Honorable Court for an 

Order awarding CITIZENS entitlement to the recovery of its reasonable attorney’s fees 

and taxable costs incurred from the date of CITIZENS’ Proposal for Settlement, February 

26, 2019 (see Exhibit B), through the date of the Court’s Order entered on this Motion 

for CITIZENS’ entitlement to recover reasonable attorney’s fees and costs from Plaintiff. 

Case 20-18364-RAM Doc 20 Filed 09/30/20 Page 16 of 31
CASE NO.: 2018-026646-CA-01 

Page 3 of 3

KELLEY KRONENBERG 

1475 CENTREPARK BLVD - SUITE 275 - WEST PALM BEACH, FLORIDA 33401 - (561) 684-5956 - (561) 684-5753 FAX

WHEREFORE, CITIZENS respectfully moves this Honorable Court for an Order 

awarding CITIZENS entitlement to the recovery of reasonable attorney’s fees and taxable 

costs from and against the Plaintiff, LAURENCIO & ASSOCIATES, LLC A/A/O DANIA 

YARRUHS, with the Court reserving jurisdiction to determine the amount of attorney’s 

fees and costs to which CITIZENS is properly entitled as the prevailing party in this

litigation, and grant any other relief the Court deems just and proper. 

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that on the 30th day of March, 2020, this document was 

filed using the Florida Courts E-Filing Portal. This document is being served on all 

counsel and pro se parties of record by the Florida Courts E-Filing Portal, 

pursuant to and in compliance with Fla. R. Jud. Admin. 2.516. The mailing and 

electronic addresses are: Joseph Padilla, Esq., eservice@insurancelawyers.org, 

ARNESEN WEBB, PA, 197 South Federal Highway, Ste. 300, Boca Raton, FL 33432, 

(561) 757-6000/(877) 241-2411 (F), Attorney for Plaintiff, Laurencio & Associates, LLC. 

KELLEY KRONENBERG 

/s/ Melissa A Usher

Melissa A Usher, Esq.

Fla. Bar No.: 1010469 

musher@kelleykronenberg.com 

Kevin Sellar, Esq. 

Fla. Bar No.: 123926 

ksellar@kelleykronenberg.com 

1475 Centrepark Boulevard 

Suite 275 

West Palm Beach, FL 33401 

Telephone: (561) 684-5956 

Facsimile: (561) 684-5753 

Attorneys for Citizens Property Insurance 

Corporation 

Address for service of pleadings only: 

JDHeservice@kelleykronenberg.com 

Case 20-18364-RAM Doc 20 Filed 09/30/20 Page 17 of 31
Exhibit A 

Case 20-18364-RAM Doc 20 Filed 09/30/20 Page 18 of 31
Case 20-18364-RAM Doc 20 Filed 09/30/20 Page 19 of 31
Exhibit B 

Case 20-18364-RAM Doc 20 Filed 09/30/20 Page 20 of 31
1

Jake Huxtable

From: Jake Huxtable

Sent: Tuesday, February 26, 2019 3:16 PM

To: 'eservice@insurancelawyers.org'; 'jay arnesen'; 'paris@insurancelawyers.org'

Cc: Tamara Gray; Amanda Martinez

Subject: SERVICE OF COURT DOCUMENT CASE NUMBER 132018CA026646000001 LAURENCIO 

& ASSOCIATES LLC vs CITIZENS PROPERTY INSURANCE CORPORATION

Attachments: Notice Of Serving Proposal For Settlement.pdf; DEF PFS to PL (served 2-26-19).pdf

Court: In the Circuit Court of the 11th Judicial Circuit in 

and for Miami-Dade County, Florida

Case Number: 2018-026646-CA-01

Case Name: LAURENCIO & ASSOCIATES LLC (A/A/O 

DANIA YARRUHS) vs. CITIZENS PROPERTY 

INSURANCE CORPORATION 

Document(s) served: DEFENDANT’S PROPOSAL FOR 

SETTLEMENT TO PLAINTIFF 

Sender: Jake Huxtable, Esquire 

Per Judicial Rule of Administrative Procedure 2.516, this will be the only service upon you 

of this document. You will not receive a paper copy.

Jake D. Huxtable, Esquire

Shareholder

1550 Southern Boulevard, Suite 300

West Palm Beach, FL  33406

Phone:  561‐686‐5005  

Fax:  561‐471‐5603

Website: https://petersonbernard.com/attorneys/jake‐d‐huxtable/  

Email: jake.huxtable@petersonbernard.com   

CONFIDENTIALITY NOTICE: This e-mail message including attachments, if any, is intended for the person or entity to which it is

addressed and may contain confidential and/or privileged material. Any unauthorized review, use, disclosure or distribution is

prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original 

message. Thank you. 

Case 20-18364-RAM Doc 20 Filed 09/30/20 Page 21 of 31
Page 1 of 1 

PETERSON BERNARD 

 1550 SOUTHERN BLVD - SUITE 300 - WEST PALM BEACH, FLORIDA 33406 - (561) 686-5005 - (561) 471-5603 FAX 

NOTICE OF SERVING PROPOSAL FOR SETTLEMENT TO PLAINTIFF 

Pursuant to Fla. Stat. §768.79 and Fla. R. Civ. P. 1.442, please take notice that 

the undersigned counsel for Defendant, CITIZENS PROPERTY INSURANCE 

CORPORATION, has served upon the attorney(s) of record for the Plaintiff, 

LAURENCIO & ASSOCIATES LLC (A/A/O DANIA YARRUHS), a Proposal for 

Settlement on February 26, 2019. 

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that on this 26th day of February, 2019, a true and correct 

copy of the foregoing was filed with the Clerk of Miami-Dade County by using the Courts 

e-Filing Portal, which will send an automatic e-mail message to the following parties 

registered with the e-Filing Portal system: Paris R. Webb, Esq. and Jay Arnesen, 

Esq., ARNESEN WEBB, P.A., 197 South Federal Highway, Suite 300, Boca Raton, 

Florida 33432; paris@insurancelawyers.org; eservice@insurancelawyers.org; 

jay@insurancelawyers.org; Counsel for Plaintiff. 

PETERSON BERNARD 

Counsel for Defendant 

1550 Southern Blvd., Suite 300 

West Palm Beach, Florida 33406 

Telephone (561) 686-5005 

Facsimile (561) 471-5603 

Service e-mail: jake.huxtable@petersonbernard.com 

Secondary e-mail: tamara.gray@petersonbernard.com 

By: /s/ Jake D. Huxtable_______ 

 JAKE D. HUXTABLE, ESQ. 

 Florida Bar No.: 124137 

LAURENCIO & ASSOCIATES LLC (A/A/O 

DANIA YARRUHS), 

Plaintiff, 

vs. 

CITIZENS PROPERTY INSURANCE 

CORPORATION, 

Defendant. 

_______________________________/ 

IN THE CIRCUIT COURT OF THE 11th

JUDICIAL CIRCUIT IN AND FOR

MIAMI-DADE COUNTY, FLORIDA 

CASE NO.: 2018-026646-CA-01 

Filing # 85527819 E-Filed 02/26/2019 03:11:24 PM Case 20-18364-RAM Doc 20 Filed 09/30/20 Page 22 of 31
Page 1 of 6 

DEFENDANT’S PROPOSAL FOR SETTLEMENT TO PLAINTIFF 

COMES NOW, the Defendant, CITIZENS PROPERTY INSURANCE 

CORPORATION, by and through its undersigned attorneys, and hereby serves the 

following Proposal for Settlement upon the Plaintiff, LAURENCIO & ASSOCIATES LLC 

(A/A/O DANIA YARRUHS): 

1. This Proposal is made pursuant to Rule 1.442 of the Florida Rules of Civil 

Procedure, and pursuant to applicable Florida Law, Florida Statute Section 768.79. 

2. This Proposal is being made by Defendant, CITIZENS PROPERTY 

INSURANCE CORPORATION, and is directed to the Plaintiff, LAURENCIO & 

ASSOCIATES LLC (A/A/O DANIA YARRUHS). 

3. This Proposal is made to resolve any and all claims or damages whether 

known or unknown, disclosed or manifested presently or in the future asserted or which 

could be asserted by the Plaintiff, LAURENCIO & ASSOCIATES LLC (A/A/O DANIA 

YARRUHS), arising out of the cause of action which is the subject matter of Case No. 

2018-026646-CA-01 pending in the Circuit Court in and for Miami-Dade County, Florida. 

LAURENCIO & ASSOCIATES LLC (A/A/O 

DANIA YARRUHS), 

Plaintiff, 

vs. 

CITIZENS PROPERTY INSURANCE 

CORPORATION, 

Defendant. 

_______________________________/ 

IN THE CIRCUIT COURT OF THE 11th

JUDICIAL CIRCUIT IN AND FOR

MIAMI-DADE COUNTY, FLORIDA 

CASE NO.: 2018-026646-CA-01 

Case 20-18364-RAM Doc 20 Filed 09/30/20 Page 23 of 31
CASE NO.: 2018-026646-CA-01 

Page 2 of 6 

4. The total amount of this Proposal for Settlement is ELEVEN THOUSAND 

dollars 00/100 ($11,000.00), inclusive of attorney’s fees and costs, and is made in the 

alternative to, and not in addition to any other offer previously or hereinafter made by 

the Defendant. 

5. The relevant conditions of this Proposal are that this offer is to be 

construed as including any and all damages that may be awarded in a final judgment 

with each party to bearing its own attorney’s fees and costs, and Plaintiff agreeing to file 

a dismissal with prejudice and executing a full and final release. A copy of the proposed 

Settlement Agreement and General Release is attached hereto. 

6. This Proposal is made in an effort to resolve the case and avoid future 

costs and fees. If there are any questions about any of the above terms, Plaintiff’s 

counsel is encouraged to submit any questions, in writing, to the undersigned; an 

attempt to answer your questions will be made whenever possible. 

7. Plaintiff is invited to serve written notice of acceptance within thirty (30) 

days of service hereof, whereupon, if accepted, the clerk shall forthwith enter judgment. 

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that on this 26th day of February, 2019, a true and correct 

copy of the foregoing was e-served to the following parties: Paris R. Webb, Esq. and 

Jay Arnesen, Esq., Arnesen Webb, P.A., 197 South Federal Highway, Suite 300, Boca 

Raton, Florida 33432; paris@insurancelawyers.org; eservice@insurancelawyers.org; 

jay@insurancelawyers.org; Counsel for Plaintiff. 

PETERSON BERNARD 

Counsel for Defendant 

1550 Southern Blvd., Suite 300 

West Palm Beach, Florida 33406 

Telephone (561) 686-5005 

Facsimile (561) 471-5603 

Service e-mail: jake.huxtable@petersonbernard.com 

Secondary e-mail: tamara.gray@petersonbernard.com 

By: /s/ Jake D. Huxtable_______ 

 JAKE D. HUXTABLE, ESQ. 

 Florida Bar No.: 124137 

Case 20-18364-RAM Doc 20 Filed 09/30/20 Page 24 of 31
CASE NO.: 2018-026646-CA-01 

Page 3 of 6 

SETTLEMENT AGREEMENT AND GENERAL RELEASE

FOR AND IN CONSIDERATION of the sum of ELEVEN THOUSAND dollars 

0/100 ($11,000.00), the receipt and sufficiency of which is hereby acknowledged, the 

undersigned, LAURENCIO & ASSOCIATES LLC (A/A/O DANIA YARRUHS), who is the 

Plaintiff in Case Number 2018-026646-CA-01 pending in Miami-Dade County, Florida, 

and their heirs, agents, estates, servants, successors, administrators and assigns 

(hereinafter “RELEASORS”), hereby release, remise, acquit, satisfy, and forever 

discharge CITIZENS PROPERTY INSURANCE CORPORATION, as well as, any and 

all of its agents, estates, heirs, executors, successors in interest, assigns, 

predecessors, parent companies, suborders, subsidiaries, entities, business units, 

affiliates, owners, directors, members, managers, officers, partners, representatives, 

shareholders, attorneys, independent contractors, subcontractors, employees, insurers, 

underwriters, subrogates, assigns, companies, leasers, lessees, franchisees, and 

servants (hereinafter “RELEASEES”), who are or might be liable directly or vicariously 

in any way from any and all claims, actions, causes of action, demands, rights, suits, 

debts, dues, sums of money, accounts, reckonings, bonds, bills, liens, specialties, 

covenants, contracts, controversies, agreements, promises, variances, trespasses, 

damages, judgments, executions, expenses, compensation, rights, attorney fees, costs, 

loss of services, expenses, compensation and damages whatsoever, whether common 

law, statutory or extra contractual, which the undersigned now has or which may 

hereafter accrue, in law or in equity, including all known and unknown, foreseen and 

unforeseen, developed and undeveloped damages and the consequences thereof, on 

account of or in any way growing out of, resulting or to result from certain damages 

and/or expenses alleged to have been sustained or incurred by LAURENCIO & 

ASSOCIATES LLC (A/A/O DANIA YARRUHS) in relation to a property loss occurring on 

Case 20-18364-RAM Doc 20 Filed 09/30/20 Page 25 of 31
CASE NO.: 2018-026646-CA-01 

Page 4 of 6 

or around September 10, 2017 assigned as Claim No. 001-00-112810 and associated 

with Policy No. 00076789 (hereinafter referred to as the “Proceedings”). 

This Release specifically covers any and all claims for damages and/or expense 

as a result of the claim referred to above and any other damages and/or expense which 

could have been brought and asserted in these Proceedings, including but not limited to 

interest, attorney’s fees, costs, and attorney liens. 

Payment of the total settlement amount above and agreed-upon by the parties is 

conditioned upon the execution of this Release, and will be apportioned and made to 

the following persons and/or entities as interests appear: 

 EIGHT THOUSAND dollars 00/100 ($8,000.00) made payable to 

LAURENCIO & ASSOCIATES LLC and Arnesen Webb, P.A.; apportioned 

for indemnity. 

And 

 THREE THOUSAND dollars 00/100 ($3,000.00) made payable to 

LAURENCIO & ASSOCIATES LLC and Arnesen Webb, P.A.; apportioned 

for fees and costs. 

 The RELEASORS hereby agree to indemnify and hold harmless the 

RELEASEES from any and all claims and/or liens and/or subrogated interests herein for 

which these settlement funds are intended to cover, including any and all claims which 

may be asserted by third-party(ies) and/or assign(s), whether made in contract, law, 

equity, or otherwise. 

 As consideration and inducement for this compromise settlement, RELEASORS 

agree that they will not provide any information regarding the existence of, the terms or 

amount of this settlement and the "Confidentiality Agreement and Release" document, 

nor will they refer to, discuss, mention, convey or otherwise communicate orally or in 

writing, the names of the parties, to any publisher, representative of the media and/or 

journal or periodical, or to any other person, natural or otherwise. RELEASORS 

Case 20-18364-RAM Doc 20 Filed 09/30/20 Page 26 of 31
CASE NO.: 2018-026646-CA-01 

Page 5 of 6 

acknowledge that this requirement of confidentiality is a material term of the settlement 

of this litigation and that any failure to fully and completely comply with the 

confidentiality requirement may render the settlement and this agreement voidable by 

RELEASEES. RELEASORS shall instruct their legal counsel that they, their agents, 

servants or employees shall not reveal any information regarding the existence of, or 

the terms and amount of this settlement and the General Release document to anyone 

and/or disclose this settlement unless ordered to do so by a court of law. 

 Disclosure to professional organization without identification of the parties or their 

insurance carriers will not be considered a breach of this agreement. 

 The RELEASORS hereby represent, promise, agree, guarantee and warrant that 

they will abide by and perform in strict compliance with the CONFIDENTIALITY 

requirements of the agreement. 

This Release is executed by the parties hereto for the sole purpose of settling the 

matters involved in this dispute, and it is expressly understood and agreed, as a 

condition thereof, that this agreement, negotiations leading up to this agreement, and all 

related matters shall not constitute, nor be construed to be an admission on the part of 

RELEASEES, or as evidencing or indicating in any degree, an admission of the truth or 

correctness of any claims asserted. 

[SIGNATURE PAGE FOLLOWS ON NEXT PAGE] 

[INTENTIONALLY LEFT BLANK] 

Case 20-18364-RAM Doc 20 Filed 09/30/20 Page 27 of 31
CASE NO.: 2018-026646-CA-01 

Page 6 of 6 

ON BEHALF OF LAURENCIO & ASSOCIATES LLC (A/A/O DANIA YARRUHS), I 

HAVE READ THIS AGREEMENT AND AGREE TO THE TERMS AND CONDITIONS 

STATED HEREIN. 

SIGNATURE: ______________________________________________ On Behalf of LAURENCIO & ASSOCIATES LLC 

PRINT NAME: _____________________________________________ Authorized Representative 

STATE OF _______________ ) 

 ) ss 

COUNTY OF _______________ ) 

 BEFORE ME, the undersigned authority, this day, personally appeared, 

_______________________________ who presented _________________________ 

as identification or who is known to me to be the person described in and who executed 

the foregoing SETTLEMENT AGREEMENT AND GENERAL RELEASE, and who 

acknowledged to me that he/she executed it as his/her own free act and deed on this 

_______ day of __________________, 2019. 

 

_________________________________ 

Notary Public, State of Florida 

(SEAL) 

Case 20-18364-RAM Doc 20 Filed 09/30/20 Page 28 of 31
EXHIBIT "D"

Case 20-18364-RAM Doc 20 Filed 09/30/20 Page 29 of 31
IN THE UNITED STATES BANKRUPTCY COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

)

In re )

DANIA CARIDAD YARRUHS )

Debtor )

)

)

)

Chapter 7

Case No.: 20-18364-RAM

BANKRUPTCY JUDGE

HONORABLE ROBERT A. MARK

ORDER ON CITIZENS PROPERTY INSURANCE CORPORATION’S MOTION FOR 

RELIEF FROM AUTOMATIC STAY

This cause came on for consideration by negative notice pursuant to Citizens Property 

Insurance Corporation’s Motion for Relief from Automatic Stay filed with Negative Notice on 

September 29, 2020 by Citizens Property Insurance Corporation. The Movant by submitting this 

form of order represents that the motion was served on all parties required by Local Rule 4001-1; 

that the 14-day response time provided by the rule has expired and that no one has filed, or 

served on the Movant a response to the motion therefore the Court having considered said 

Case 20-18364-RAM Doc 20 Filed 09/30/20 Page 30 of 31
Motion finds it appropriate to grant relief under Local Rule 4001-1(C) without further notice or 

hearing. Therefore, it is:

Ordered:

1. Citizens Property Insurance Corporation’s Motion is GRANTED.

2. The automatic stay imposed by 11 U.S.C. §362 is lifted.

3. This order lifting the automatic stay is entered for the sole purpose of allowing the 

Movant to pursue its claim for Attorney’s Fees and Taxable Costs against 

Laurencio & Associates, LLC in Case Number 2018-026646-CA-01 in the Circuit 

Court of the 11th Judicial Circuit in and for Miami-Dade County, Florida, the 

Movant shall neither seek nor obtain a judgment against the Debt, Dania Caridad 

Yarruhs.

Attorney, Kevin Sellar, Esq. shall serve a copy of the signed order on all required parties 

and file a certificate of service as required under Local Rule 2002-1(F)

Submitted by:

Kevin Sellar, Esq.

Kelley Kronenberg

Attorney for Citizens Property Insurance Corporation

1475 Centrepark Boulevard

Suite 275

West Palm Beach, FL 33401

Telephone: (561) 684-5956

Facsimile: (561) 684-5753

ksellar@kelleykronenberg.com

Case 20-18364-RAM Doc 20 Filed 09/30/20 Page 31 of 31