Yogursmooth, Inc. et al. vs. Covington Specialty Insurance Company et al.

Case Background

On December 6, 2017, Plaintiffs Yogursmooth Inc., d/b/a La Cantina Xpress Grill, and Maso, L.L.C., d/b/a Maso Restoration, LLC, a/a/o Yogursmooth Inc., d/b/a La Cantina Xpress Grill filed a breach of contract lawsuit against Covington Specialty Insurance Company. The lawsuit was filed in the Florida State, Miami-Dade County, Eleventh Circuit Court. Honorable Reemberto Diaz presided over this lawsuit. [Case number: 2017-027982-CA-01]

Cause

Plaintiffs Yogursmooth Inc., d/b/a La Cantina Xpress Grill, a Florida corporation, and Maso, L.L.C., d/b/a Maso Restoration, LLC, a Florida limited liability company, a/a/o Yogursmooth Inc., d/b/a La Cantina Xpress Grill held an active insurance policy issued by Covington Specialty Insurance Company in exchange for a paid premium. The policy covered Yogursmooth’s property and business against specific losses. The insured property, located at 1881 NW 87th Avenue, Suite 194, Hialeah, Florida 33015, sat within Sedano's Plaza Lakes on the Green shopping center. The Capin Group managed the shopping center, including Yogursmooth’s premises. Capin also served as an officer, director, employee, or agent of the Capin Group.

On May 12, 2014, the Miami-Dade Fire Rescue Department responded to an alarm at the property. Upon arrival, firefighters saw the alarm panel displayed “Waterflow-North Stairwell.” They looked through a window and saw no smoke but noticed a small amount of water on the floor. Firefighters tried to determine the water’s source but could not. Neither the fire department nor Capin Group representatives entered the property to investigate further. Capin Group never informed Yogursmooth that a water alarm had been triggered.