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IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT

IN AND FOR MIAMI-DADE COUNTY, FLORIDA


JOSEANT A. CARDOSO-ROJO,
Plaintiff,
vs.
CIVIL CASE NO.
UNITED AUTOMOBILE
INSURANCE COMPAY,
A Florida corporation,
Defendant,
___________________________________/
COMPLAINT
Plaintiff, JOSEANT A. CARDOSO-ROJO, pro se, (hereinafter referred to as Plaintiff)
sues Defendant, UNITED AUTOMOBILE INSURANCE, (hereinafter referred to UAIC) and
alleges as follows:

GENERAL ALLEGATIONS
(JURISDICTION AND VENUE)
1. This is an action for damages that exceeds $18,456.42, exclusive of pre-judgment interest
and court costs.
2. Plaintiff, JOSEANT CARDOSO-ROJO, is a resident of the State of Florida.
3. At all times material hereto, UAIC was and is an insurance company and corporation
organized and existing under the laws of the State of Florida, and was authorized to do,
and is doing business in Miami-Dade County, Florida.
4. UAIC issued Insurance Policy No. UAD 56626 that provided bodily injury, property
damage, and collision coverage to Plaintiff for the six (6) month period commencing on

March 5th, 2009. A copy of the Amended Policy Declarations is attached hereto and made
a part hereof as Exhibit 1.
5. On January 28, 2009, Plaintiff was involved in an automobile collision with an uninsured
motorist. A copy of the Police Report is attached hereto and made a part hereof as
Exhibit 2.
6. Plaintiffs vehicle (2008 BMW 328i VIN # WBAVA33578K054419) sustained extensive
damages as a result of the accident. A copy of Integrity Auto Collision Centers
Preliminary Estimate is attached hereto and made a part hereof as Exhibit 3.
7. Plaintiff timely reported its claim for damages caused by the accident to UAIC. On
January 19, 2010, UAIC advised Plaintiff that her policy was canceled prior to the date of
the accident. A copy of the correspondence is attached hereto and made a part hereof as
Exhibit 4.
8. At all times material to this cause of action, Plaintiff had in full force and effect a written
insurance policy with UAIC insuring Plaintiff as a named insured against liability for
property damage during the period in which the accident occurred.
9. All premiums due under UAICs policy were fully paid on behalf of Plaintiff and Plaintiff
fully performed all terms and conditions required by UAICs policy.
10. UAIC denied and/or refused to provide coverage for Plaintiffs damages in bad faith.
11. As a condition precedent to recovery pursuant to Florida Statute 624.155, Plaintiff has
filed a Civil Remedy Notice of Insurer Violations with the Department of Financial
Services and to UAIC on or about June 27, 2014. A copy of the Civil Remedy Notice of
Insurer Violations are attached hereto and made part hereof as Exhibit 5.
12. Defendant, UAIC, responded to the Civil Remedy Notice of Insurer Violations within the
sixty (60) day period as set forth in Section 624.155, Florida Statutes by letter dated July
8, 2014, wherein UAIC stated the Plaintiffs policy of insurance was not in effect at the
time of the above-referenced accident due to non-payment of premium. A copy of
UAICs correspondence is attached hereto and made part hereof as Exhibit 6.
13. On August 5, 2014, Senior PIP Supervisor Theresa Rodriguez provided Plaintiff with a

notice of cancellation stating that Plaintiffs policy was cancelled as of May 1, 2009. A
copy of Mrs. Rodriguezs electronic communication is attached hereto and made part
hereof as Exhibit 7.
14. However, UAIC failed to notify Plaintiff within 10 days of the notice of cancellation, as
required by Section 627.728(3)(a), Florida Statutes. UAIC never notified Plaintiff of such
cancellation despite UAICs certificate of bulk mailing. A copy of the alleged notice of
cancellation and certificate of bulk mailing is attached hereto and made part hereof as
Exhibit 8.
15. Furthermore, UAIC also failed to notify the Florida Department of Highway Safety and
Motor Vehicles (DHSMV) of the alleged cancellation of Plaintiffs insurance policy.
16. On information and belief, the Florida DHSMV would have contacted Plaintiff in the
event of such cancellation and the notice of cancellation would have appeared on
Plaintiffs driving record. A copy of Plaintiffs certified driving record is attached hereto
and made part hereof as Exhibit 9.

COUNT I DECLARATORY RELIEF


17. Plaintiff realleges and incorporates herein by reference each of the allegations of
paragraphs 1 through 16 above, inclusive.
18. This is an action by Plaintiff against UAIC for a declaratory judgment that the abovereferenced insurance contract is valid and enforceable and that pursuant to the terms and
conditions of the insurance contract, Plaintiff is entitled to insurance coverage for its
property damage claim arising from the above-referenced accident, notwithstanding
UAICs failure to promptly investigate, pay and/or settle Plaintiffs claim.

19. On July 8, 2014, UAIC drafted correspondence to Plaintiff stating that there was no
coverage on the date of the above-referenced automobile accident. A copy of the
correspondence is attached hereto and made a part hereof as Exhibit 6.
1. An actual controversy exists between Plaintiff and UAIC. Plaintiff contends that, under
the terms of the respective policy, UAIC had a duty to pay on behalf of Plaintiff all sums
(up to the policy limits) for which Plaintiff has been held liable, including all interest and
costs associated with UAICs failure to provide coverage.
2. This Court has jurisdiction in this matter pursuant to Chapter 86 Florida Statutes.
3. UAIC refused to provide coverage to Plaintiff despite the existence of an insurance policy
at all times materials to the issues set forth in this Complaint.
4. As a direct and proximate result of UAICs denial of its obligations to provide coverage
to Plaintiff for the above-referenced accident, Plaintiffs automobile was repossessed and
sold at a commercial auction, thereby causing damages to Plaintiff in the amount of
$18,456.42, exclusive of interest. A copy of BMW Financial Services Auction
Breakdown is attached hereto and made a part hereof as Exhibit 10
WHEREFORE, Plaintiff JOSEANT CARDOSO-ROJO respectfully prays this Honorable
Court enter a judgment determining the following:
(a)

The Court has jurisdiction over UAIC and the subject matter of the issues presented

(b)

by the prayer of declaratory relief;


The Insurance Contract (Insurance Policy No. UAD 56626) between Plaintiff and

(c)

UAIC is valid and enforceable;


Pursuant to the terms and conditions of the insurance contract, Plaintiff holds a valid
and enforceable right to property damage and collision coverage for damages arising

(d)

from the above-referenced accident;


Pursuant to Section 627.428 Florida Statutes, Plaintiff is entitled to reasonable
attorneys fees (if any) associated with bringing this litigation.

(e)

UAIC is obligated to reimburse Plaintiff for all court costs and fees as a result of their

(f)

failure to provide coverage for the above-referenced accident; and


Awarding such other and additional relief as the Court may deem just, equitable and
proper.

COUNT II BREACH OF CONTRACT


(FAILURE TO PROVIDE COVERAGE INSURANCE POLICY # UAD 56626)
5. Plaintiff realleges and incorporates herein by reference each of the allegations of
paragraphs 1 through 16 above, inclusive.
6. On or about March 5, 2009, UAIC offered to provide automobile insurance coverage to
Plaintiff for a six (6) months period commencing on March 5, 2009. On or about March
5, 2009, Plaintiff accepted UAICs offer of automobile insurance coverage and paid the a
portion of the premium to UAIC.
7. Plaintiff and UAIC entered into a contract of insurance which was in place at all times
materials to the issues set forth in this Complaint, Policy Number UAD 56626. Policy
Number UAD 56626 was in effect as of March 5, 2009, a copy of which is in UAICs
possession.
8. The insurance contract set forth the rights and obligations of UAIC to Plaintiff with
respect to its claim.
9. Pursuant to the terms and conditions of the insurance contract, Plaintiff has a right to
property damage and collision coverage for loss or damages caused by the abovereferenced accident.
10. Plaintiff was an insured or otherwise afforded coverage for property damage,
comprehensive, collision and personal injury under Policy Number UAD 56626, and
UAIC had a duty to investigate and afford coverage for the loss or damages caused by the
above-referenced accident.
11. Notwithstanding such duty, UAIC arbitrarily denied coverage to Plaintiff and failed
and/or refused to pay any sum on Plaintiffs behalf.

12. UAICs refusal to pay any portion of the Preliminary Estimate conducted by Integrity
Auto Collision was a material breach of contract. A copy of the Preliminary Estimate is
attached hereto and made a part hereto as Exhibit 3.
13. As a direct and proximate result of UAICs material breach of the insurance contract,
Plaintiff has suffered general compensatory damages in the amount of $18,456.42,
exclusive of interest. Plaintiff also suffered special damages, including, but not limited to,
the repossession of her automobile and the expenses of procuring and paying for loans so
that Plaintiff could repair her credit.
14. Pursuant to Section 627.428 Florida Statutes, Plaintiff is entitled to reasonable attorneys
fees (if any) associated with prosecuting this matter.
15. Plaintiff is entitled to prejudgment interest on all liquidated damages.
WHEREFORE, Plaintiff JOSEANT CARDOSO-ROJO demands judgment against
Defendant UNITED AUTOMOBILE INSURANCE COMPANY for general compensatory
damages and special damages for breach of contract from Defendant, UNITED AUTOMOBILE
INSURANCE COMPANY, together with the costs of this action, reasonable attorneys fees (if
any), and such other and additional relief as this Honorable Court may deem just, equitable and
proper.
COUNT III BREACH OF IMPLIED DUTY OF GOOD
FAITH AND FAIR DEALING
16. Plaintiff realleges and incorporates herein by reference each of the allegations of
paragraphs 1 through 16 above, inclusive.
17. In every contract of insurance, including without exception the policy issued by UAIC,
there is an implied covenant of good faith and fair dealing that the insurer will do nothing
to unfairly deprive the insured of the benefits of the contract. UAIC, having issued an

insurance policy to Plaintiff, was at all times material bound to said implied covenant of
good faith and fair dealing.
18. After the insurable events which underlie Plaintiffs insurance claim, UAIC has been
guilty of failing in good faith to settle the subject claim when under all circumstances it
could have and should have done so had it acted fairly and honestly toward its insured,
the Plaintiff herein, by failing to properly settle or pay for the subject claim when the
obligation to settle and pay had become reasonably clear.
19. Further, the following unilateral actions and/or omissions by UAIC constitute bad faith
and unfair claims practices, and unfair and deceptive trade practices pursuant to Florida
Statutes 624.155, 626.9541(1) (a) and 626.9541(1)(i), said actions including, but not
limited to, the following:
a. Failing to fully and thoroughly investigate Plaintiffs claim for coverage;
b. Failing to pay for the loss or damages to Plaintiffs property, which was caused by
the above-referenced accident;
c. Delaying resolution of Plaintiffs claim by asserting coverage defenses that were
legally and/or factually invalid;
d. Forcing Plaintiff to institute litigation to recover amounts due under the policy;
e. Failing to modify its coverage position as additional information was provided by
Plaintiff; and
f. Otherwise failing to provide property coverage for Plaintiffs property damage
claim.
20. Pursuant to the terms and conditions of the insurance contract, Plaintiff has a right to
coverage for damages caused by the above-referenced accident. Plaintiff also has the
right to a fair and prompt investigation, payment and/or settlement of its claim.
21. As a direct and proximate result of Defendant conducting wrongful and illegal acts in
violation of Florida Statutes 624.155 and 626.9541, Plaintiff suffered the following
actual damages, including, but not limited to:
a. Loss and damage to personal property in excess of policy limits;
b. Impairment of credit and loss of credit;
c. Expenses for loss of use of Plaintiffs automobile including, but not limited to,

rental car payments;


d. Expenses associated with storage and moving of personal property; and
e. Expenses associated with the repossession of Plaintiffs automobile.
22. Plaintiff has performed all conditions precedent to the filing of this action by placing the
Florida Department of Financial Services and UAIC on notice of her intent to make a
claim for civil remedies and rights pursuant to Florida Statute 624.155.
23. The aforesaid acts, omissions and violations of Florida Statutes 624.155 and 626.9541
by UAIC have occurred with such frequency as to indicate a general business practice
and were performed willfully, wantonly and maliciously; in reckless disregard for the
rights of the insured, the Plaintiff herein.
24. As a further result of UAICs breach of its insurance contract and bad faith conduct, it has
become necessary for Plaintiff to incur and become obligated for costs in connection with
the prosecution of this action, for which UAIC is liable in accordance with Florida law.
WHEREFORE, Plaintiff prays the Court enter judgment in favor of Plaintiff and against
UAIC as follows:
1.

On the First Cause of Action, for a judicial declaration of the rights, duties, and
obligations of the parties, including a declaration that UAIC is obligated to pay on
behalf of Plaintiff all sums (up to the policy limits) for which Plaintiff has been liable,
including all costs and interests associated with the repossession and auctioning of the

2.

above-referenced vehicle.
On the Second and Third Causes of Action, for general and special damages in an

3.
4.

amount to be proven at the time of trial;


On the Third Cause of Action, for attorneys fees (if any) and punitive damages;
On all causes of action, for prejudgment interest, costs of suit incurred herein, and for
such other and further relief as the Court may deem just, equitable, and proper.

DATED: August 31, 2014


JOSEANT CARDOSO-ROJO

BY:

__________________________
JOSEANT A. CARDOSO-ROJO
PRO SE
630 LENOX AVENUE, APT 10E
NEW YORK, NEW YORK 10037
jcardosorojo@gmail.com
(786) 537-0312