Legal Document: JD RESTORATION FL INC AAO EMANUELE SANTANGELO vs. HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY

On November 09, 2021 a was filed involving a dispute between Jd Restoration Fl Inc Aao Emanuele Santangelo, and Heritage Property & Casualty Insurance Company, for SMALL CLAIMS in the District Court of Osceola County.

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Filing # 147886789 E-Filed 04/18/2022 04:49:10 PM

IN THE COUNTY COURT OF THE NINTH JUDICIAL CIRCUIT,
IN AND FOR OSCEOLA COUNTY, FLORIDA

JD RESTORATION FL INC A/A/O CASE NO: 2021 SC 005893 SP
EMANUELE SANTANGELO,

Plaintiff,
v.

HERITAGE PROPERTY AND CASUALTY
INSURANCE COMPANY,

Defendant.
_______________________________/

DEFENDANT’S MOTION TO DISMISS COUNT II OF PLAINTIFF’S COMPLAINT

COMES NOW, Defendant, HERITAGE PROPERTY AND CASUALTY INSURANCE

COMPANY (“Heritage” or “Defendant”), by and through its undersigned counsel and pursuant to

the Florida Rules of Civil Procedure 1.140, hereby files Defendant’s Motion to Dismiss Count II

of Plaintiff’s Complaint, and in support thereof states:

1. Plaintiff, JD RESTORATION FL INC A/A/O EMANUELE SANTANGELO

(“Plaintiff”), filed a two (2) count Complaint against Defendant alleging breach of contract and

quantum meruit. A copy of the Complaint is attached as Exhibit “A.”

2. Plaintiff alleges that as an assignee, it is entitled to be compensated under a policy

of insurance (“Insurance Policy”) for services allegedly rendered at Heritage’s Insureds’ subject

property. See Exhibit “A,” Complaint ¶ 8

3. Furthermore, as a result of not being compensated, Plaintiff alleges Defendant

breached the Insurance Policy. See Exhibit “A,” Complaint ¶ 17

4. In the alternative, Plaintiff alleges damages are owed under the theory of quantum

meruit. See Exhibit “A,” Complaint ¶ 23

5. However, as a matter of law, Plaintiff cannot plead a cause of action based on
CASE NO.: 2021 SC 005893 SP

quantum meruit.

6. Accordingly, as set forth below, Count II of Plaintiff’s Complaint must be

dismissed with prejudice.

Argument and Incorporated Memorandum of Law

A. Motion to Dismiss Standard

A pleading must contain a “short and plain statement of the ultimate facts showing that the

pleader is entitled to relief.” Fla. R. Civ. P. 1.110(b). Fla. R. Civ. P. 1.140(b) permits a party to

assert certain defenses to a claim by motion, including the defense that the plaintiff has failed to

state a cause of action.

A motion to dismiss is designed to test the legal sufficiency of the complaint. The Florida

Bar v. Greene, 926 So.2d 1195, 1199 (Fla. 2006). Whether a complaint states a cause of action is

an issue of law. See Locker v. United Pharmaceutical Group, Inc., 46 So.3d 1126, 1128 (Fla.

1st DCA 2010). When considering a motion to dismiss for failure to state a cause of action, a court

must accept the allegations of the complaint as true and then determine if it states a valid claim for

relief. See Russell v. Sherwin-Williams Co., 767 So.2d 592 (Fla. 4th DCA 2000).

Plaintiff Cannot Maintain a Cause of Action For Quantum Meruit.

Unjust enrichment and quantum meruit are often used synonymously. See Commerce

Partnership 8098 Ltd. Partnership v. Equity Contracting Co., Inc., 695 So. 2d 383 (Fla. 4th DCA

1997). “The elements of a cause of action for unjust enrichment are: (1) plaintiff has conferred a

benefit on the defendant, who has knowledge thereof; (2) defendant voluntarily accepts and retains

the benefit conferred; and (3) the circumstances are such that it would be inequitable for the

defendant to retain the benefit without first paying the value thereof to the plaintiff.” Duty Free

World, Inc. v. Miami Perfume Junction, Inc., 253 So. 3d 689 (Fla. 3d DCA 2018) (internal citations

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CASE NO.: 2021 SC 005893 SP

and quotations omitted. Likewise, “[t]o satisfy the elements of quantum meruit, a plaintiff must

allege facts that, taken as true, show that the plaintiff provided, and the defendant assented to and

received, a benefit in the form of goods or services under circumstances where, in the ordinary

course of common events, a reasonable person receiving such a benefit normally would expect to

pay for it.” W.R. Townsend Contracting, Inc. v. Jensen Civil Const., Inc., 728 So. 2d 297, 305

(Fla. 1st DCA 1999).

Despite the ability to plead alternatively, the law will not recognize a cause of action for

quantum meruit where an express contract exists. See Windiled Investments, LLC v. Pascal-

Gaston Investments, LLC., 254 So. 3d 589, 592 (Fla. 5th DCA 2018); Baron v. Osman, 39 So. 3d

449, (Fla. 5th DCA 2010); Zarrella v. Pacific Life Ins. Co., 755 F. Supp. 2d 1218 (S.D. Fla. 2010).

Notwithstanding the above, it is elementary that a party must have standing to bring a cause

of action. See Cruz v. Community Bank & Trust of Florida, 277 So. 3d 1095, 1097 (Fla. 5th DCA

2019). The party must have an articulable interest that is legally cognizable. Id. In support of

standing, alleged assignees often note that “[t]he right of an assignee to sue for breach of contract

to enforce assigned rights predates the Florida Constitution.” Nationwide Mut. Fire Ins. Co. v.

Pinnacle Medical Inc., 753 So. 2d 55, 57 (Fla. 2000) (emphasis added).

Here, it is legal conjecture to find that Plaintiff has standing to bring a cause of action for

quantum meruit. Plaintiff alleges that it is an assignee of certain benefits under the Insurance

Policy. By virtue of being an alleged assignee, Plaintiff further contends that it has standing to

maintain an action against the Defendant for allegedly breaching the Insurance Policy, its legally

articulable interest. Put colloquially, Plaintiff contends that it steps into the shoes of the Insured.

Without the Insurance Policy, there is nothing to sue upon.

To collect under the theory quantum meruit, the Insurance Policy cannot exist. However,

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CASE NO.: 2021 SC 005893 SP

without the Insurance Policy existing, Plaintiff is an alleged assignee of nothing and, therefore,

has no legally cognizable cause of action against the Defendant to support standing. As such, a

cause of action for breach of contract and quantum meruit are mutually exclusive and cannot

legally coexist alternatively. See First Data Resources, Inc. v. Safe Card Services, Inc., 574 so. 2d

311(Fla. 3d DCA 1991) (noting that breach of contract and quantum meruit are mutually

exclusive).

Furthermore, it is undisputed that the Insurance Policy exists. With such existence, this

Court cannot, as a matter of law, recognize quantum meruit as a cause of action. Windiled

Investments, LLC v. Pascal-Gaston Investments, LLC., 254 So. 3d at 592. Even further, a direct

reading of Nationwide Mut. Fire Ins. Co. v. Pinnacle Medical Inc. indicates that an assignee’s right

does not go beyond that of an alleged breach of contract. Additionally, Plaintiff not only

incorporates its alleged assignment under the Insurance Policy into its quantum meruit count, but

it incorporates its breach of contract count. Based on the above, if anything, these allegations

alone are enough to dismiss the quantum meruit count.

For the forgoing reasons, Count II of Plaintiff’s Complaint must be dismissed with

prejudice as a matter of law.

WHEREFORE, Defendant, HERITAGE PROPERTY AND CASUALTY INSURANCE

COMPANY, respectfully requests this Court dismiss Count II of Plaintiff’s Complaint with

prejudice, and for any other relief the Court deems just and proper under the circumstances.

[CERTIFICATE OF SERVICE ON THE FOLLOWING PAGE]

4
CASE NO.: 2021 SC 005893 SP

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via electronic
mail to Mario I. Molina, Esq., Property Litigation Group, PLLC, 2750 SW 145th Avenue, Suite
509, Miramar, FL 33027; service@plglawyersfl.com; jh@plglawyersfl.com;
mb@plglawyers.com; on this 18th day of April, 2022, pursuant to Rule 2.516.

Attorney for Heritage Property &
Casualty Insurance Company
1401 N. Westshore Boulevard
Tampa, Florida 33607
Telephone: (727) 366-2098
astetson@heritagepci.com
kpapa@heritagepci.com
jmiley@heritagepci.com

By: /s/ Adam A. Stetson
Adam A. Stetson, Esquire
Florida Bar No. 75106

Heritage Matter No.: H59299-02

5
*22-000065759**22-000065759*

JD RESTORATION FL INC A/A/O EMANUELE CASE #: 2021 SC 005893 SP
SANTANGELO COURT: SMALL CLAIMS
COUNTY: OSCEOLA
PLAINTIFF(S) DFS-SOP #: 22-000065759

VS.

HERITAGE PROPERTY & CASUALTY
INSURANCE COMPANY

DEFENDANT(S)
_______________________________________/
SUMMONS, COMPLAINT, DISCOVERY, STANDING ORDER

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 Wednesday,
February 23, 2022 and a copy was forwarded by ELECTRONIC DELIVERY on Friday, February 25,
2022 to the designated agent for the named entity as shown below.

HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY
CRAIG BROWN
2600 MCCORMICK DR., STE 300
CLEARWATER, FL 33759

*Our office will only serve the initial process(Summons and Complaint) or Subpoena and is not responsible
for transmittal of any subsequent filings, pleadings, or documents unless otherwise ordered by the Court
pursuant to Florida Rules of Civil Procedure, Rule #1.080

Jimmy Patronis
Chief Financial Officer

cc to:

MICHELLE C LOPEZ
PROPERTY LITIGATION GROUP, PLLC
2750 SW 145TH AVE
SUITE 509
MIRAMAR, FL 33027 JD1

(;+,%,7$
Office of the General Counsel - Service of Process Section
200 East Gaines Street - P.O. Box 6200 - Tallahassee, FL 32314-6200 - (850)413-4200
Filing # 141484931 E-Filed 01/06/2022 01:13:04 PM

IN THE COUNTY COURT OF THE 9TH
JUDICIAL CIRCUIT IN AND FOR
OSCEOLA COUNTY, FLORIDA

: CASE NO.: 2021 SC 005893 SP
JD RESTORATION FL INC ASA/O
EMANUELE SANTANGELO,

Plaintiff,

Vv.
HERITAGE PROPERTY & CASUALTY
INSURANCE COMPANY,

Defendant.
i

SUMMONS

THE STATE OF FLORIDA:
To Each Sheriff of the State:

YOU ARE COMMANDED to serve this Summons and a copy of the Complaint and any
accompanying discovery requests, in this action on Defendant, HERITAGE PROPERTY &
CASUALTY INSURANCE COMPANY, c/o Florida Chicf Financial Officer as Registered Agent,
Service of Process Section, 200 East Gaines Street, Tallahassee, FL 32399-4201.

Each Defendant is required to serve written defenses to the Complaint or Petition on
Shawnricka D. Manley, Esq. of PROPERTY LITIGATION GROUP, Plaintiff's Attorney, whose
address is 2750 SW 145" AVE, Suite 509, Miramar, FL 33027, within 20 days after service ofthis
Summons on the Defendant, exclusive of the day of service, and to file the original ofthe defenses
with the Clerk of Court cither before service on Plaintiff's Attorney or immediately thereafter. If
a Defendant fails to do so, a default will be entered against that Defendant for the relief demanded
in the Complaint or Petition.

DATEDon__FEB 22 2022 202 __

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February 23, 2022

Department of Financial Services
Chief Financial Officer
Service of Process Section
200 Gaines Street
Tallahassee, Florida 32314-6200

Re: JD RESTORATION FL INC A/A/O EMANUELE SANTANGELO v. HERITAGE
PROPERTY & CASUALTY INSURANCE COMPANY

CASE NO: 2021 SC 005893 SP

Dear CFO - Service of Process Division:

Enclosed please find the Issued Summons with a true and correct copy of the Complaint for the
above mentioned case, and for confirmation/service return.

Also enclosed is our check for $15.00.

Please serve Defendant as per Florida law.

If there are any problems, please contact me at service@plglawyersfl.com.

Otherwise I hope this communication finds you and yours in good health and spirits.

Sincerely,
PROPERTY LITIGATION GROUP.

By: /s/ Shawnricka D. Manley, Esq.
Shawnricka D. Manley, Esq.
Bar No.: 1025990

cc: file
enc: as noted

Property Litigation Group, PLLC
2750 SW 145th AVE Suite 509 Miramar, FL 33027
PH:(786)703-8810

Service of Pleadings by Email:
Service@plglawyersfl.com
-1-
Filing # 138210561 E-Filed 11/09/2021 03:27:33 PM

FORM 1.997. CIVIL COVER SHEET

The civil cover sheet and the information contained in it neither replace nor supplement the filing
and service of pleadings or other documents as required by law. This form must be filed by the
plaintiff or petitioner with the Clerk of Court for the purpose of reporting uniform data pursuant
to section 25.075, Florida Statutes. (See instructions for completion.)

I. CASE STYLE

IN THE CIRCUIT/COUNTY COURT OF THE NINTH JUDICIAL CIRCUIT,
IN AND FOR OSCEOLA COUNTY, FLORIDA

JD RESTORATION FL INC AAO EMANUELE SANTANGELO
Plaintiff Case # 4$41
Judge
vs.
HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY
Defendant

II. AMOUNT OF CLAIM
Please indicate the estimated amount of the claim, rounded to the nearest dollar. The estimated amount of
the claim is requested for data collection and clerical processing purposes only. The amount of the claim
shall not be used for any other purpose.

$8,000 or less
$8,001 - $30,000
$30,001- $50,000
$50,001- $75,000
$75,001 - $100,000
over $100,000.00

III. TYPE OF CASE (If the case fits more than one type of case, select the most
definitive category.) If the most descriptive label is a subcategory (is indented under a broader
category), place an x on both the main category and subcategory lines.

-1-
CIRCUIT CIVIL

Condominium
Contracts and indebtedness
Eminent domain
Auto negligence
Negligence—other
Business governance
Business torts
Environmental/Toxic tort
Third party indemnification
Construction defect
Mass tort
Negligent security
Nursing home negligence
Premises liability—commercial
Premises liability—residential
Products liability
Real Property/Mortgage foreclosure
Commercial foreclosure
Homestead residential foreclosure
Non-homestead residential foreclosure
Other real property actions

Professional malpractice
Malpractice—business
Malpractice—medical
Malpractice—other professional
Other
Antitrust/Trade regulation
Business transactions
Constitutional challenge—statute or ordinance
Constitutional challenge—proposed amendment
Corporate trusts
Discrimination—employment or other
Insurance claims
Intellectual property
Libel/Slander
Shareholder derivative action
Securities litigation
Trade secrets
Trust litigation

COUNTY CIVIL

☒ Small Claims up to $8,000
☐ Civil
Real property/Mortgage foreclosure
-2-
☐ Replevins
☐ Evictions
☐ Residential Evictions
☐ Non-residential Evictions
☐ Other civil (non-monetary)

COMPLEX BUSINESS COURT

This action is appropriate for assignment to Complex Business Court as delineated and mandated by the
Administrative Order. Yes No

IV. REMEDIES SOUGHT (check all that apply):
Monetary;
Nonmonetary declaratory or injunctive relief;
Punitive

V. NUMBER OF CAUSES OF ACTION: [ ]
(Specify)

VI. IS THIS CASE A CLASS ACTION LAWSUIT?
yes
no

VII. HAS NOTICE OF ANY KNOWN RELATED CASE BEEN FILED?
no
yes If “yes,” list all related cases by name, case number, and court.

VIII. IS JURY TRIAL DEMANDED IN COMPLAINT?
yes
no

I CERTIFY that the information I have provided in this cover sheet is accurate to the best of
my knowledge and belief, and that I have read and will comply with the requirements of
Florida Rule of Judicial Administration 2.425.

Signature: s/ Mario I Molina Fla. Bar # 121607
Attorney or party (Bar # if attorney)

Mario I Molina 11/09/2021
(type or print name) Date

-3-
Filing # 138210561 E-Filed 11/09/2021 03:27:33 PM

IN THE COUNTY COURT OF THE 9TH
JUDICIAL CIRCUIT IN AND FOR
OSCEOLA COUNTY, FLORIDA

CASE NO.: 6&63
JD RESTORATION FL INC A/A/O
EMANUELE SANTANGELO,

Plaintiff,

HERITAGE PROPERTY & CASUALTY
INSURANCE COMPANY,

Defendant.
________________________________________/

COMPLAINT

COMES NOW, JD RESTORATION FL INC A/A/O EMANUELE SANTANGELO,

(hereinafter, “Plaintiff”), and sues HERITAGE PROPERTY & CASUALTY INSURANCE

COMPANY (hereinafter, “Defendant”), and alleges the following:

1 This is an action for, inter alia, breach of contract wherein Plaintiff seeks damages

amounting to less than $8,000.00, exclusive of costs, attorney’s fees, and interest, and is thus

subject to the jurisdiction of this Court.

2 Defendant, HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY, is a

corporation licensed by the State of Florida to transact business concerning the sale and provision

of homeowners’ insurance. Defendant conducts business, has offices, and/or maintains agents for

the transaction of its customary business in Osceola County, Florida.

3 Plaintiff, JD RESTORATION FL INC, is a Florida company engaged in the business of

property damage mitigation and brings this action as an assignee of EMANUELE SANTANGELO

(hereafter “Assignor”). Attached hereto is a copy of the assignment of benefits. (Marked as Exhibit

PROPERTY LITIGATION GROUP, PLLC
2750 SW 145TH Ave., Ste. 509│ Miramar, Florida 33027 │ Phone: (786) 703-8810
-1-
“A”). Alternatively, Plaintiff has an assignment in equity based upon the services rendered at the

insured’s property.

4 The cause of action sued upon accrued in Osceola County, Florida where the property is

located.

5 At all times material hereto, in consideration of premiums paid, there was an insurance

policy, HOH057469, (hereinafter, “Policy”), written and issued by Defendant in the State of

Florida. See Policy attached marked as “Exhibit B”. Alternatively, a copy of the policy will be

obtained from Defendant through the Discovery process and will be filed in support of this action

at that time. See, Equity Premium, Inc. v. Twin City Fire Ins. Co., 956 So.2d 1257 (Fla. 4th DCA

2007). See also, Amiker v. Mid-Century Ins. Co., So.2d 974 (Fla 1st DCA 1981); Parkway General

Hospital, Inc. v. Allstate Ins. Co., 393 So.2d 1171 (Fla. 3d DCA 1981); Sasche v. Tampa Music

Co., 262 So.2d 17 (Fla. 2d DCA 1972).

6 Under the terms of the Policy, Defendant insured assignor against certain losses to their

property located at 1401 HARBIN DRIVE KISSIMMEE, FL 34744 (hereinafter, “Property”),

including, but not limited to, coverage to protect against damaging water events.

7 While the Policy was in full force and effect, the Insured’s property suffered damage by a

water event and Defendant subsequently assigned claim number H59299 to the loss.

8 Plaintiff contracted with EMANUELE SANTANGELO to provide necessary mitigation

services. In exchange, EMANUELE SANTANGELO agreed to direct billing of the insurer for the

recovery of the charges for Plaintiff’s services, and furthermore, agreed to assign the Plaintiff his

benefits under the Policy to recover the charges for those services. (See, Exhibit “A”).

9 Plaintiff’s dated invoices accurately reflect the mitigation services provided. (See Exhibit

“A”).

PROPERTY LITIGATION GROUP, PLLC
2750 SW 145TH Ave., Ste. 509│ Miramar, Florida 33027 │ Phone: (786) 703-8810
-2-
10 Plaintiff demanded payment for the services performed, however, Defendant failed and/or

otherwise refused to tender payment in the amount due to Plaintiff for said services.

11 All conditions precedent under the Policy for Plaintiff’s recovery of benefits have been

performed, satisfied, or otherwise waived, and Defendant has suffered no prejudice.

12 Defendant owes Plaintiff a total of $1,200.00, which it has refused and/or otherwise failed

to pay.

13 As a result thereof, Plaintiff has been damaged in the form of unpaid insurance proceeds,

interest, costs, and attorney’s fees.

14 By virtue of Defendant’s conduct, Plaintiff has been required to retain the services of the

undersigned Counsel to represent it in this action and has obligated itself to pay a reasonable fee

for such services and is therefore entitled to recover such fees from Defendant pursuant to Fla.

Stat. §627.428, §627.7152, §627.70152(8) and/or §626.9373.

Count 1
Breach of Contract

15 Plaintiff adopts, re-alleges, and re-avers all preceding and subsequent paragraphs as though

fully set forth herein.

16 As an assignee of the benefits under the Policy, Plaintiff is entitled to enforce the contract

as a real party in interest. Corat Int’l v. Taylor, 462 So. 2d 1186, 1188 (Fla. 3d DCA 1985) (holding

in part that a valid assignment of insurance benefits makes the assignee a real party in interest to

the contract). See also, Indian River State Bank v. Hartford Fire Ins. Co., 46 Fla. 283, 328-29 (Fla.

1903) (holding same).

17 As an assignee of policy benefits, Plaintiff provided mitigation services pursuant to the

insurance policy contract between the Insured and Defendant. Defendant’s refusal to compensate

Plaintiff constitutes a material breach of contract and has damaged Plaintiff in the value of its

PROPERTY LITIGATION GROUP, PLLC
2750 SW 145TH Ave., Ste. 509│ Miramar, Florida 33027 │ Phone: (786) 703-8810
-3-
services totaling $1,200.00, plus any additional accruing interest, which is past due.

WHEREFORE, Plaintiff demands judgment against Defendant for all unpaid bills of the

Plaintiff, with any interest on any overdue payments, and costs and attorney fees pursuant to Fla.

Stat. §627.428, §627.7152, §627.70152(8) and/or §626.9373 and such other and further relief as

this court deems just and proper.

Count 2
Quantum Meruit
(In the Alternative to Breach of Contract)

18 Plaintiff adopts, re-alleges, and re-avers all preceding and subsequent paragraphs as though

fully set forth herein.

19 Plaintiff fulfilled the post lost duties, outlined in the Policy, by mitigating further loss to

the covered property, thus conferring a substantial benefit on Defendant.

20 Defendant acquiesced the provision of Plaintiff’s services by imposing a duty upon the

insured to take all reasonable steps necessary to protect the property from further damage.

21 Defendant accepted and retained the conferred benefit.

22 Defendant expected to compensate the service provider a reasonable value for the services

it provided.

23 Plaintiff has demanded payment of the balance due under the policy, but Defendant has

failed to pay the outstanding balance of $1,200.00. Plaintiff would suffer inequity thereto if

Defendant were to retain the benefits conferred without just compensation. N.G.L. Travel

Associates v. Celebrity cruises, Inc., 764 So.2d 672, 675 (Fla. 3d DCA 2000).

WHEREFORE, Plaintiff demands judgment against Defendant for all unpaid bills of the

PROPERTY LITIGATION GROUP, PLLC
2750 SW 145TH Ave., Ste. 509│ Miramar, Florida 33027 │ Phone: (786) 703-8810
-4-
Plaintiff, with any interest on any overdue payments, and costs and attorney fees pursuant to Fla.

Stat. §627.428, §627.7152, §627.70152(8) and/or §626.9373 and such other and further relief as

this court deems just and proper.

DEMAND FOR JURY TRIAL
Plaintiff demands a trial by jury for those issues that are so triable against Defendant
pursuant to Florida law.

Respectfully submitted,

/s/ Mario I. Molina, Esq.
Mario I. Molina, Esq.
Bar No.: 121607

Property Litigation Group, PLLC
Attorneys for Plaintiff
2750 SW 145th AVE
Suite 509
Miramar, FL 33027
Primary Email: service@plglawyersfl.com
PH: (786) 703-8810

PROPERTY LITIGATION GROUP, PLLC
2750 SW 145TH Ave., Ste. 509│ Miramar, Florida 33027 │ Phone: (786) 703-8810
-5-
IN THE COUNTY COURT OF THE 9TH
JUDICIAL CIRCUIT IN AND FOR
OSCEOLA COUNTY, FLORIDA

CASE NO.: 6&63
JD RESTORATION FL INC A/A/O
EMANUELE SANTANGELO,

Plaintiff,

HERITAGE PROPERTY & CASUALTY
INSURANCE COMPANY,

Defendant.
________________________________________/

NOTICE OF E-EMAIL DESIGNATION
PURSUANT TO FLA. R. JUD. ADMIN. 2.516

Plaintiff’s counsel gives notice, pursuant to Fla. R. Jud. Admin. 2.516, that he is

designating the following email addresses for service of papers and other pleadings pursuant to the

rule:

service@plglawyersfl.com
jh@plglawyersfl.com
mb@plglawyersfl.com

(CERTIFICATE OF SERVICE ON FOLLOWING PAGE)

PROPERTY LITIGATION GROUP, PLLC
2750 SW 145TH Ave., Ste. 509│ Miramar, Florida 33027 │ Phone: (786) 703-8810
-6-
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the forgoing was served by process

server along with the Complaint on the same date as the service of the Complaint.

Respectfully submitted,

q
/s/ Mario I. Molina, Esq.
Mario I. Molina, Esq.
Bar No.: 121607

Property Litigation Group, PLLC
Attorneys for Plaintiff
2750 SW 145th AVE
Suite 509
Miramar, FL 33027
Primary Email: service@plglawyersfl.com
Secondary Email: jh@plglawyersfl.com
PH: (305) 506-4746

PROPERTY LITIGATION GROUP, PLLC
2750 SW 145TH Ave., Ste. 509│ Miramar, Florida 33027 │ Phone: (786) 703-8810
-7-
EXHIBIT A
September 15, 2021

VIA EMAIL TO: claims@heritagepci.com;
HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY
P.O. BOX 6417 CLEARWATER, FL 33758

RE:
Insured/Assignor: SANTANGELO, EMANUELE (TARP INSPE)
Service Provider/Assignee JD RESTORATIONS FL INC. (JD)
Insured Property: 1401 HARBIN DR., KISSIMMEE, FL 34744
Policy Number: HOH057469
Claim Number: H59299
Prior Settlement Offers: N
Disputed Amount: $5,462.50
Amount Claimed: $5,462.50

NOTICE OF INTENT TO INITIATE LITIGATION UNDER FLA. STAT. § 627.7152

Dear Sir or Madam:

The above Insured(s) suffered a loss at the Insured Property and subsequently transferred
certain post loss benefits to the above Service Provider. To date, the Service Provider has not been
paid for the services rendered at the Insured Property. Pursuant to Florida Statute §627.70131, the
insurer had 90 days from the reported date of loss to pay or deny such claim or portion of the claim.
To date, the insurer has failed to pay the Amount Claimed.

x If the insurer believes that something outside of its control caused a delay, we hereby
demand a specific explanation as to such position in response to this Pre-Suit Demand
Letter (“PSDL”), including the person that caused any alleged delay and the reason for
such delay.
x Please be advised that Services Provider expects to be issued payment along with interest
as contemplated by Fla. Stat. § 627.70131 for the lack of timely payment for the services
rendered.

It is our contention that the all the necessary information and documentation was previously
provided to the insurer and that the bill(s) for service(s) already rendered were reasonable, related,
and in compliance with applicable rules, standards, and/or regulations.

x Please be advised that we are relying on the insurer to tell us if this PSDL, the bills,
assignment agreement, and/or other documents submitted were defective in any way before
suit is filed. We will assume all purported defects are waived if the insurer does not inform
us of in writing immediately specifying any alleged defects.

Property Litigation Group, PLLC
2750 SW 145th AVE Suite 509 Miramar, FL 33027
PH:(786)703-8810

Service of Pleadings by Email:
Service@plglawyersfl.com
x Pursuant to Florida Statute § 627.7152(3), assignee has met the requirements and the
burden to demonstrate that the insurer has not been prejudiced in their investigation of this
loss.
x To date, the insurer has either failed to make a coverage determination in violation of Fla.
Stat. § 627.70131 and/or failed to issue complete payment for the services rendered herein
and/or failed to furnish our client with sufficient information regarding the status of the
claim.
x In accordance with Fla. Stat. § 627.7152 (9)(a), please let this serve as the Service
Provider’s written notice of intent to initiate litigation. Enclosed you will again find copies
of the damages in dispute along with the amount claimed regarding the subject loss.
x In accordance with Fla. Stat. § 627.7152 (9)(a), please let this PSDL serve as the means for
which the insurer can avoid legal action in the matter.
x Should we not hear from you within the statutory ten (10) business day time period, a
lawsuit will be filed seeking payment, which will include attorney fees and costs.
x No form of oral communication will constitute an extension and/or waiver of the statutory
time period for the insurer to respond.
x Please be advised that the insurer’s failure to provide a complete copy of the subject
insurance contract has impaired our ability to determine any obligations under same.
x Response to this PSDL need be sent only to: JC@plglawyersfl.com.

Please be sure to provide a complete copy of the subject insurance contract, as previously
requested pursuant to Fla. Stat. § 627.421 as the insurer has failed to provide same to date

Additionally, if you do not intend to honor our request, let this serve as our formal letter of
representation and formal request for copies of any and all claim documents, including but not
limited to, all correspondence to/from the insured, estimates, including any estimates prepared by
representatives of the insured, copies of any payments with their explanation, as well as any reports
from any experts you may have retained in the investigation and evaluation of this claim. Finally,
please let this serve as our ten (10) day request to advise if the Policyholder has failed to
comply with any post loss obligations under the subject Policy. Should we not receive a
response we will assume that the Insurer has no outstanding requests in order to complete
its’ unprejudiced investigation of the loss.

Thank you for your time and attention to this matter. If you have any further questions or concerns,
please feel free to contact me.

I HEREBY CERTIFY that a true and correct copy of the foregoing Notice of Intent to
Initiate Litigation was served in accordance with F.S. 627.7152(9)(a) upon HERITAGE
PROPERTY & CASUALTY INSURANCE COMPANY at claims@heritagepci.com.

Property Litigation Group, PLLC
2750 SW 145th AVE Suite 509 Miramar, FL 33027
PH:(786)703-8810

Service of Pleadings by Email:
Service@plglawyersfl.com
PROPERTY LITIGATION GROUP, PLLC
Attorneys for Service Provider
2750 SW 145th Ave, Suite 509
Miramar, FL 33027
Telephone (305) 506-4746
Facsimile (786) 703-8810

By: /s/ Mario I. Molina
MARIO I. MOLINA, ESQ.

cc: Insured via Certified Mail Return Receipt Requested
Enclosed: Claimant’s invoice and supporting documentation.

MM/jc

Property Litigation Group, PLLC
2750 SW 145th AVE Suite 509 Miramar, FL 33027
PH:(786)703-8810

Service of Pleadings by Email:
Service@plglawyersfl.com
Insured(s)/Agent(s): Emanuele Santangelo –
Insured Address:1401 Harbin Dr, Kissimmee, Florida 34744
Phone:(407) 414-1490
Email:emanuelegri@hotmail.com
Insurer:Heritage
Date of Loss:4/11/2021
Policy No:HOH057469 Claim No:

Agreement: I, the Homeowner/Insured, and or its representative for the property listed above (hereinafter “Client”), authorize JD Restoration
(hereinafter “JD”) to enter said property to perform the below services to protect, repair, restore, or replace damage to the dwelling or structure
or to mitigate against further damage to such property. Client agrees to fully cooperate with insurance company as required by the subject
policy of insurance and comply with all post-loss duties required by same. Client also accepts responsibility to protect any equipment left at the
subject property for mitigation and remediation purposes.

Assignment of Benefits and Direct Payment Authorization: Client hereby assign any and all insurance rights, benefits, and proceeds under
my property insurance policy up to the amount of the services provided by JD, regardless of the insurance company’s determination as to
scope, pricing and/or coverage of JD’s services. Client also hereby instructs and directs my insurance carrier to make a separate and individual
payment to be sent directly to JD, or its representatives for their services in the in the instant matter. Client makes this assignment and
authorization in consideration of JD’s agreement to perform services and supply materials and otherwise perform its obligations under this
contract, including not requiring full payment at the time of service. JD shall provide a copy of the executed assignment agreement to the name
insurer within 3 business days after the date on which the assignment agreement was executed or the date on which work begins, whichever is
earlier. Delivery of the copy of the assignment agreement to the insurer shall be made by one of the methods proscribed in Fla. Stat. §
627.7152. Client also hereby instructs my insurance carrier to release any and all information requested by JD its representative, or its Attorney
solely for the direct purpose of obtaining actual benefits to be paid by my insurance carrier for services rendered or to be rendered. Client
hereby assign all legal rights to recover any and all insurance proceeds owed by my insurance company regarding this loss; including but not
limited to the right to bring appropriate legal action up to the amount owed for the services rendered by JD. JD shall be entitled to any and all
recovery of costs, and attorney’s fees associated with the collection of their invoice from Client’s Insurance Company as provided for under
Fla. Stat. § 627.7152. Client has the right to rescind the assignment agreement without a penalty or fee by submitting a written notice of
rescission signed by Client to JD within 14 days after the execution of the agreement, at least 30 days after the date work on the property is
scheduled to commence if JD has not substantially performed, or at least 30 days after the execution of the agreement if the agreement does not
contain a commencement date and the assignee has not begun substantial work on the property. For the purposes of this agreement JD shall be
deemed to have done substantial work once it has begun a visual inspection of the property. Client acknowledges that it has received a copy of
the 627.7152(2)(a)(6) statutory notice and an itemized per unit cost estimate, both of which are attached to this assignment agreement and fully
incorporated herein.

Payments, Terms and Interest: If for any reason payment is made to the Owner/Agent by an insurer for the services provided by JD under
the instant contract, it shall be endorsed over to JD within three (3) business days. Client agrees that any portion of work, deductibles,
betterment, depreciation or additional work requested by the undersigned, not covered by insurance, must be paid by the undersigned on or
before its completion. Client hereby appoints JD as attorney in-fact, authorizing JD to endorse Client’s name, and to deposit insurance checks
or drafts for JD. Payment terms to JD are net-30 days. In the event that legal or collection agency proceedings must be instituted to recover any
amount due, JD shall be entitled to recover the cost of collections, including, collection agencies, attorney's fee and courts, plus a finance
charge of 1.5% per month applicable to all amounts due. In exchange for this assignment of benefits JD agrees to indemnify and hold harmless
Client from all liabilities, damages, losses, and costs, including, but not limited to, attorney fees, should the policy subject to the assignment
agreement prohibit, in whole or in part, the assignment of benefits. JD will seek payment solely from the insurance company for services
rendered with the exception of any deductible removed from any payment which will be the responsibility of Client.

Stop Work-Hold Harmless: In the event JD is not allowed to perform its recommended remediation procedures and protocols for any reason
beyond its control, Client agrees to release and hold JD harmless, and indemnify JD against all claims or actions that may result from such
procedures.

Disclaimer: During the course of inspection, JD Restorations' employees and/or representatives did not, directly or indirectly, solicit any form
of insurance claim to myself or anyone else in my dwelling.

Client has read and understands the information above and has received a copy for their records. This contract is intended to be legally
binding and contains all of the terms and conditions between the parties.
YOU ARE AGREEING TO GIVE UP CERTAIN RIGHTS YOU
HAVE UNDER YOUR INSURANCE POLICY TO A THIRD
PARTY, WHICH MAY RESULT IN LITIGATION AGAINST
YOUR INSURER. PLEASE READ AND UNDERSTAND THIS
DOCUMENT BEFORE SIGNING IT. YOU HAVE THE RIGHT TO
CANCEL THIS AGREEMENT WITHOUT PENALTY WITHIN 14
DAYS AFTER THE DATE THIS AGREEMENT IS EXECUTED,
AT LEAST 30 DAYS AFTER THE DATE WORK ON THE
PROPERTY IS SCHEDULED TO COMMENCE IF THE
ASSIGNEE HAS NOT SUBSTANTIALLY PERFORMED, OR AT
LEAST 30 DAYS AFTER THE EXECUTION OF THE
AGREEMENT IF THE AGREEMENT DOES NOT CONTAIN A
COMMENCEMENT DATE AND THE ASSIGNEE HAS NOT
BEGUN SUBSTANTIAL WORK ON THE PROPERTY.
HOWEVER, YOU ARE OBLIGATED FOR PAYMENT OF ANY
CONTRACTED WORK PERFORMED BEFORE THE
AGREEMENT IS RESCINDED. THIS AGREEMENT DOES NOT
CHANGE YOUR OBLIGATION TO PERFORM THE DUTIES
REQUIRED UNDER YOUR PROPERTY INSURANCE POLICY.
Signature:

Client Signature: Client Name:

Client Name:Emanuele Santangelo Policy No.: HOH057469

Phone: (407) 414-1490 Date: 7/6/2021

On Behalf of JD Restorations

Itemized Per-Unit Cost Estimate
Please see attached. The itemized per unit cost estimate is merely an initial estimate. Actual scope and cost of services
may exceed the initial itemized per unit cost estimate.
Unit Unit Price
Description Qty Total
Service Call – EA $300
During
Business
Hours 1 $300.00
Service Call – EA $400
After Business
Hours $0.00
Board Up – EA $175
Per Opening $0.00
Content HR $65
Manipulation
(Per Hour) $0.00
Cat. 1 Water SF $0.65
Extraction (up
to 2 in.) – Per
Sft $0.00
Cat. 2 Water SF $0.90
Extraction (up
to 2 in.) – Per
Sft $0.00
Cat. 3 Water SF $1.50
Extraction (up
to 2 in.) – Per
Sft $0.00
Clean Floor SF $0.75
Heavy – Per
Sft $0.00
Cleaning & HR $80
Remediation
Supervisory –
Per Hour $0.00
Tarp - poly - SF $2.50
w/sandbags -
per sq ft (lab
& mat) 2,065 $5,162.50
Tarp - poly - SF $3.00
w/sandbags -
per sq ft (lab
& mat) - After
Hours

Case Info

Judge

ARENDAS, CHRISTINE E Track Judge’s New Case

Case No.

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Document Filed Date

November 15, 2059

Case Filing Date

November 09, 2021

County

Parties

HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY Defendant
JD RESTORATION FL INC AAO EMANUELE SANTANGELO Plaintiff
Mario Molina Attorneys for Plaintiffs
Shante Pressley Attorneys for Defendants
Shawnricka Manley Attorneys for Plaintiffs
Adam Stetson Attorneys for Defendants
Indira Gonzalez Attorney
Michael Espinal Attorneys for Defendants
Kelvin Soto Attorney
Armand Cortellesso Attorneys for Defendants

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Document for JD RESTORATION FL INC AAO EMANUELE SANTANGELO vs. HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY

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