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Oscar Diaz Plaintiff vs. Universal Property & Casualty Insurance Company Defendant

On October 19, 2020 contract and indebtedness case was filed by (Subcribe to view) represented by (Subcribe to view) against (Subscribe to view) represented by (Subscribe to view) in the jurisdiction of Broward County, FL. Judge Bowman, John B. presiding.

Case Details

Case Number

(Subscribe to View)   

Filing Date

October 19, 2020

Last Refreshed

October 03, 2023

Filing Location

Broward County, FL

Judge

Hon. Bowman, John B. Trellis Spinner 👉 Discover key insights by exploring more analytics for Bowman, John B.   

Category

Contract and Indebtedness

Practice Area

Creditor

Matter Type

General Creditor

Status

Closed

Overview

we

can

demonstrate

that

the

1.

A subsequentedition of this policy; or

"insured" has failed to take action

2.

An amendatory endorsement.

reasonably requested by

us

to

prevent a future similar occurrence of

B.

Waiver Or Change Of Policy Provisions

damage to the insured property; or

A waiver or change of a provision of this policy

(3) On the basis of the lawful use,

must be in writing by us to be valid. Our request

possession, or ownership of a firearm

for an appraisal or examinationwill not waive any

or

ammunition

of

by an "insured" or

our rights.

household member of an "insured".

C.

Cancellation

Except as provided in Item C.2. or C.3.a.

1.

You may cancel this policy at any time, for

above, we will let you know of our action

any reason, by giving us advance written

at

least

20

days before the date

notice of the future cancellation effective

cancellation takes effect.

date.

c.

When this policy has been in effect for

2.

When this policy has been in effect for 90

more than 90 days, we may cancel:

days or less, we may cancel immediately if

(1) If

there

has

been

a

material

there has been a material misstatement or

misstatement;

misrepresentation or failure to comply with

underwriting requirements.

(2) If the risk has changed substantially

since the policywas issued;

3.

We may also cancel this policy subject to the

following provisions. A written cancellation

(3) In the event of failure to comply,

notice, together with the specific reasons for

within 90 days after the effective date

cancellation, will be delivered to you, or

of

coverage,

with

underwriting

mailed to you at your mailing address shown

requirements established

by

us

in the Declarations.

before the effective date of coverage;

Proof of mailing will be sufficient proof of

(4) If the cancellation is for all "insureds"

notice.

under policies of this type for a given

class of "insureds";

a.

When you have not paid the premium,

we may cancel at any time by letting you

(5) On the basis of property insurance

know at least 10 days before the date

claims that are the result of an Act of

cancellation takes effect.

God,

if we

can

demonstrate,

by

claims

However, when

frequency or otherwise, that

a

(mortgage company)

the "insured" has failed to take action

lender is

responsible for paying the

reasonably necessary as requested

premium through an escrow account and

the premium payment is not more than

by us to prevent recurrence of

damage to the insured property; or

90 days overdue we will reinstate the

insurance policy, retroactive to the date

(6) On the basis of a single claim which

of

cancellation.

The

lender

shall

is the result of water damage if we

reimburse the "insured" for any penalty

can demonstrate that the "insured"

has failed to take action reasonably

Causes of Action

COUNT II DECLARATORY RELIEF

Parties

Plaintiffs

Diaz, Oscar

Attorneys for Plaintiffs

Brito, Gisel
Limia, Dalyz

Defendants

Universal Property & Casualty Insurance Company

Attorneys for Defendants

Galka, Ryan Jamie

Case Documents

Notice of Appearance

Date: Nov 18, 2021

Mediation Report

Date: Nov 05, 2021

Notice of Conflict

Date: Oct 15, 2021

Motion in Limine

Date: Sep 05, 2021

Witness Exhibit List

Date: Sep 05, 2021

Motion in Limine

Date: Sep 05, 2021

Motion in Limine

Date: Sep 05, 2021

Motion to Compel

Date: Jul 19, 2021

Motion

Date: Jul 15, 2021

Notice of Mediation

Date: Jul 13, 2021

Notice

Date: Jul 12, 2021

Motion to Strike

Date: Jul 12, 2021

Amended Complaint

Date: Jun 15, 2021

Order

Date: Jun 02, 2021

Notice of Cancellation

Date: Jun 01, 2021

Privilege Log

Date: May 13, 2021

Motion to Compel

Date: May 08, 2021

Amended

Date: May 04, 2021

Notice of Hearing

Date: Apr 28, 2021

Order Extending Time

Date: Apr 27, 2021

Motion

Date: Jan 05, 2021

Motion to Dismiss

Date: Dec 11, 2020

Order Extending Time

Date: Dec 04, 2020

Agreed Order Granting

Date: Nov 19, 2020

Request to Produce

Date: Oct 29, 2020

Notice of Appearance

Date: Oct 29, 2020

Request for Admissions

Date: Oct 19, 2020

Request for Production

Date: Oct 19, 2020

Complaint (eFiled)

Date: Oct 19, 2020

eSummons Issuance

Date: Oct 19, 2020

Civil Cover Sheet

Date: Oct 19, 2020

Case Events

Type Description
Docket Event Notice of Appearance
Party: Defendant Universal Property & Casualty Insurance Company
Docket Event Mediation Report
Docket Event Notice of Conflict
Party: Plaintiff Diaz, Oscar
Docket Event Motion in Limine
RELATING TO FRAUD IN ANY RESPECTParty: Plaintiff Diaz, Oscar
Docket Event Witness & Exhibit List
Docket Event Motion in Limine
TO EXCLUDE EVIDENCE THAT THE UNDERLYING INSURANCE POLICY IS NOT AN "ALL-RISK" POLICYParty: Plaintiff Diaz, Oscar
Docket Event Motion in Limine
RELATING TO GENERAL ALLEGATIONS AND REMARKSParty: Plaintiff Diaz, Oscar
Docket Event Motion to Compel
PLAINTIFF'S DEPOSITIONParty: Defendant Universal Property & Casualty Insurance Company
Docket Event Motion
TO OVERRULE DEFENDANT'S OBJECTIONSParty: Plaintiff Diaz, Oscar
Docket Event Notice of Mediation
Docket Event Notice
OF STIPULATION OF MEDIATOR : HOLLY SAVINO ESQ.
Docket Event Motion to Strike
Party: Plaintiff Diaz, Oscar
Docket Event Calendar Call-Order Setting Trial
CALENDAR CALL: 02-04-2022
Docket Event Answer to Amended Complaint
TO PLAINTIFF'SParty: Defendant Universal Property & Casualty Insurance Company
Docket Event Amended Complaint
Docket Event Order
ON DEFENDANT'S MOTION TO DISMISS COUNT II OF THE PLAINTIFF'S COMPLAINT
Docket Event Notice of Cancellation
Docket Event Order Setting Case Management Conference
07-01-2021 3:30 PM
Docket Event Privilege Log
Docket Event Notice of Filing Answers to Interrogatories
Docket Event Response to Request to Produce
Docket Event Response to Request for Admissions
Docket Event Response to Motion to Dismiss
Docket Event Motion to Compel
MOTION TO SHOW CAUSE, COMPEL COMPLIANCE WITH COURT ORDER, AND FOR SANCTIONSParty: Plaintiff Diaz, Oscar
Docket Event Amended
NOTICE OF APPEARANCE; KARLINE LEE, ESQ.Party: Defendant Universal Property & Casualty Insurance Company
Docket Event Notice of Hearing
Docket Event Order Extending Time
Docket Event Notice of Video Deposition
Docket Event Motion for Extension of Time
TO RESPOND. (2nd Motion)Party: Defendant Universal Property & Casualty Insurance Company
Docket Event Notice of Change of Address
, DESIGNATED ATTORNEY OF RECORD AND DESIGNATED EMAIL ADDRESSESParty: Plaintiff Diaz, Oscar
Docket Event Motion
TO SHOW CAUSEParty: Plaintiff Diaz, Oscar
Docket Event Response to Request for Production
Docket Event Notice of Filing Answers to Interrogatories
Docket Event Motion to Dismiss
Party: Defendant Universal Property & Casualty Insurance Company
Docket Event Answer & Demand for Jury Trial
Party: Defendant Universal Property & Casualty Insurance Company
Docket Event Order Extending Time
Docket Event Motion for Extension of Time
DISCOVERY REQUESTSParty: Plaintiff Diaz, Oscar
Docket Event Agreed Order Granting
Defendant's Motion for Extension of Time
Docket Event Motion for Extension of Time
AND DISCOVERY REQUESTS SERVED WITH THE SUMMONS AND COMPLAINTParty: Defendant Universal Property & Casualty Insurance Company
Docket Event Request to Produce
Docket Event Notice of Appearance
Party: Defendant Universal Property & Casualty Insurance Company
Docket Event Notice of Service of Interrogs
Docket Event Notice of Service on Insurance Comm-Returned Served
10/22/2020Party: Defendant Universal Property & Casualty Insurance Company
Docket Event Search for prior case performed per 2020-4-Civ-UFC-CO
None
Docket Event Request for Admissions
FIRST TO DEFENDANTParty: Plaintiff Diaz, Oscar
Docket Event Request for Production
FIRST TO DEFENDANTParty: Plaintiff Diaz, Oscar
Docket Event Complaint (eFiled)
Party: Plaintiff Diaz, Oscar
Docket Event eSummons Issuance
Party: Defendant Universal Property & Casualty Insurance Company
Docket Event Civil Cover Sheet
Amount: $75,001.00
Docket Event Notice of Service of Interrogs
FIRST SET TO DEFENDANTParty: Plaintiff Diaz, Oscar

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