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Filing # 109959451 E-Filed 07/08/2020 04:03:05 PM
20-9562
MRP/
IN THE CIRCUIT COURT OF THE 17"
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
JIMMY AMAYA & AMELIS RAMOS, CASE NO. CACE 19-021027 (04)
(Judge Sandra Perlman)
Plaintiff,
v.
CITIZENS PROPERTY INSURANCE
CORPORATION,
Defendant.
/
DEFENDANT, CITIZENS PROPERTY INSURANCE CORPORATION’S RESPONSE
TO PLAINTIFF’S FIRST REQUEST FOR ADMISSIONS
The Defendant, Citizens Property Insurance Corporation (“Citizens”), by and through its
undersigned counsel, files this, its Response to Plaintiff's First Request for Admissions and in
support thereof states as follows:
1. Admit that Citizens issued insurance policy number 02411300 (“Policy”) with respect
to the property located at 6635 Hope Street, Hollywood, Florida 33024 (“insured location”),
which was in full force and effect on the date of loss cited in the Complaint.
RESPONSE: Denied as phrased. Defendant admits only that it issued a Policy of
insurance to Jimmy Amaya & Amelis Ramos bearing policy number 02411300-1 with an
effective policy period of May 1, 2017 to May 1, 2018, for the subject property located at 6635
Hope Street, Hollywood, Florida 33024 that was at all times subject to the terms, limits and
exclusions contained within the Policy and applicable Florida law.
2. Admit that Jimmy Amaya & Amelis Ramos are insureds under the Policy.
RESPONSE: Admitted.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 07/08/2020 04:03:04 PM.****Amaya, Jimmy and Ramos, Amelis v. Citizens
CASE NO. CACE 19-021027 (04)
3. Admit that Jimmy Amaya & Amelis Ramos are owners of the insured location as of
the date of loss cited in the Complaint.
RESPONSE: Denied as phrased. Citizens admits only that Jimmy Amaya & Amelis
Ramos are owners of the insured location. Denied for any other purpose.
4. Admit that the loss and damages referenced in the Complaint were covered under the
policy.
RESPONSE: Denied.
5. Admit that notice of the claim was furnished timely.
RESPONSE: Denied.
6. Admit that Citizens has not been prejudiced in the reporting of the claim.
RESPONSE: Denied.
7. Admit that Citizens did not request a sworn proof of loss.
RESPONSE: Denied.
8. Admit that Citizens agrees the loss is covered but disputes the value of damages
sought by the Plaintiff.
RESPONSE: Denied.
9. Admit that one or more sworn proofs of loss were received by Citizens with respect
to the loss described in the Complaint.
RESPONSE: Denied as phrased.
10. Admit that an underwriting inspection was performed with respect to any policy
issued by Citizens for the property located at 6635 Hope Street, Hollywood, Florida 33024.
RESPONSE: Denied as phrased.Amaya, Jimmy and Ramos, Amelis v. Citizens
CASE NO. CACE 19-021027 (04)
11. Admit that Citizens insured the property located at 6635 Hope Street, Hollywood,
Florida 33024 in the condition in which it existed at the time of policy inception.
RESPONSE: Denied as phrased.
12. Admit that Citizens has made a payment with respect to the loss described in the
Complaint.
RESPONSE: Denied as phrased.
13. Admit that Citizens representatives who were assigned to, involved with, or
otherwise assisted in the processing of the Plaintiffs’ claim were Citizens agents acting within
the scope and course of their agency.
RESPONSE: Denied as phrased. Admitted only that Citizens’ representatives were
authorized to act on behalf of Citizens.
14. Admit that Citizens representatives never inspected the property following the loss
described in the Complaint.
RESPONSE: Denied as phrased. Citizens admits only that it inspected the subject
property to the extent allowed by the Plaintiff. Denied for any other purpose.
15. Admit that all premiums required to maintain the coverages afforded under the
Policy were paid.
RESPONSE: Denied as phrased. Citizens admits only that all premiums required were
paid. Denied for any other purpose.
16. Admit that Citizens did not request a recorded statement of the Plaintiffs or any
other insured or person with respect to the loss cited in the Complaint.
RESPONSE: Admitted.Amaya, Jimmy and Ramos, Amelis v. Citizens
CASE NO. CACE 19-021027 (04)
17. Admit that Citizens did not request an examination under oath of the Plaintiffs or
any other insured or person with respect to the loss cited in the Complaint.
RESPONSE: Admitted.
18. Admit that Citizens does not possess a recorded statement or examination under oath
transcript of the Plaintiffs or any other insured or person with respect to the loss cited in the
Complaint.
RESPONSE: Admitted.
19. Admit that Citizens completed its investigation with respect to the loss described in
the Complaint.
RESPONSE: Denied as phrased. Citizens admits only that an investigation was
conducted. Denied for any other purpose.
20. Admit that Citizens has no evidence of intentional concealment, misrepresentation of
material fact, fraudulent conduct, or false statements made during the claims process which
could void coverage under the Policy.
RESPONSE: Objection, calls for a legal conclusion.
21. Admit that the Plaintiffs complied with all post-loss obligations set forth in the
Policy.
RESPONSE: Denied.
22. Admit that the Plaintiffs complied with all conditions precedent to the filing of this
lawsuit.
RESPONSE: Denied.
23. Admit that Citizens did not demand appraisal or request mediation.
RESPONSE: Denied.Amaya, Jimmy and Ramos, Amelis v. Citizens
CASE NO. CACE 19-021027 (04)
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been
sent by email on this the day of — , 2020, to Daniel Cruz, Esq., The Diener Firm, P.A.,
Attorneys for Plaintiff, service@dienerfirm.com, daniel@dienerfirm.com,
alissa@dienerfirm.com.
BRONSTEIN & CARMONA, P.A.
Attorneys for Defendant
8000 Peters Road, Suite A-200
Fort Lauderdale, FL 33324
(954) 358-0444 — Phone
(954) 358-0445 — Fax
service@bronstein-carmona.com
By: /s/
Michael R. Podolsky
Florida Bar No: 105484
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Filing # 109959451 E-Filed 07/08/2020 04:03:05 PM 20-9562 MRP/ IN THE CIRCUIT COURT OF THE 17" JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA JIMMY AMAYA & AMELIS RAMOS, CASE NO. CACE 19-021027 (04) (Judge Sandra Perlman) Plaintiff, v. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. / DEFENDANT, CITIZENS PROPERTY INSURANCE CORPORATION’S RESPONSE TO PLAINTIFF’S FIRST REQUEST FOR ADMISSIONS The Defendant, Citizens Property Insurance Corporation (“Citizens”), by and through its undersigned counsel, files this, its Response to Plaintiff's First Request for Admissions and in support thereof states as follows: 1. Admit that Citizens issued insurance policy number 02411300 (“Policy”) with respect to the property located at 6635 Hope Street, Hollywood, Florida 33024 (“insured location”), which was in full force and effect on the date of loss cited in the Complaint. RESPONSE: Denied as phrased. Defendant admits only that it issued a Policy of insurance to Jimmy Amaya & Amelis Ramos bearing policy number 02411300-1 with an effective policy period of May 1, 2017 to May 1, 2018, for the subject property located at 6635 Hope Street, Hollywood, Florida 33024 that was at all times subject to the terms, limits and exclusions contained within the Policy and applicable Florida law. 2. Admit that Jimmy Amaya & Amelis Ramos are insureds under the Policy. RESPONSE: Admitted. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 07/08/2020 04:03:04 PM.****Amaya, Jimmy and Ramos, Amelis v. Citizens CASE NO. CACE 19-021027 (04) 3. Admit that Jimmy Amaya & Amelis Ramos are owners of the insured location as of the date of loss cited in the Complaint. RESPONSE: Denied as phrased. Citizens admits only that Jimmy Amaya & Amelis Ramos are owners of the insured location. Denied for any other purpose. 4. Admit that the loss and damages referenced in the Complaint were covered under the policy. RESPONSE: Denied. 5. Admit that notice of the claim was furnished timely. RESPONSE: Denied. 6. Admit that Citizens has not been prejudiced in the reporting of the claim. RESPONSE: Denied. 7. Admit that Citizens did not request a sworn proof of loss. RESPONSE: Denied. 8. Admit that Citizens agrees the loss is covered but disputes the value of damages sought by the Plaintiff. RESPONSE: Denied. 9. Admit that one or more sworn proofs of loss were received by Citizens with respect to the loss described in the Complaint. RESPONSE: Denied as phrased. 10. Admit that an underwriting inspection was performed with respect to any policy issued by Citizens for the property located at 6635 Hope Street, Hollywood, Florida 33024. RESPONSE: Denied as phrased.Amaya, Jimmy and Ramos, Amelis v. Citizens CASE NO. CACE 19-021027 (04) 11. Admit that Citizens insured the property located at 6635 Hope Street, Hollywood, Florida 33024 in the condition in which it existed at the time of policy inception. RESPONSE: Denied as phrased. 12. Admit that Citizens has made a payment with respect to the loss described in the Complaint. RESPONSE: Denied as phrased. 13. Admit that Citizens representatives who were assigned to, involved with, or otherwise assisted in the processing of the Plaintiffs’ claim were Citizens agents acting within the scope and course of their agency. RESPONSE: Denied as phrased. Admitted only that Citizens’ representatives were authorized to act on behalf of Citizens. 14. Admit that Citizens representatives never inspected the property following the loss described in the Complaint. RESPONSE: Denied as phrased. Citizens admits only that it inspected the subject property to the extent allowed by the Plaintiff. Denied for any other purpose. 15. Admit that all premiums required to maintain the coverages afforded under the Policy were paid. RESPONSE: Denied as phrased. Citizens admits only that all premiums required were paid. Denied for any other purpose. 16. Admit that Citizens did not request a recorded statement of the Plaintiffs or any other insured or person with respect to the loss cited in the Complaint. RESPONSE: Admitted.Amaya, Jimmy and Ramos, Amelis v. Citizens CASE NO. CACE 19-021027 (04) 17. Admit that Citizens did not request an examination under oath of the Plaintiffs or any other insured or person with respect to the loss cited in the Complaint. RESPONSE: Admitted. 18. Admit that Citizens does not possess a recorded statement or examination under oath transcript of the Plaintiffs or any other insured or person with respect to the loss cited in the Complaint. RESPONSE: Admitted. 19. Admit that Citizens completed its investigation with respect to the loss described in the Complaint. RESPONSE: Denied as phrased. Citizens admits only that an investigation was conducted. Denied for any other purpose. 20. Admit that Citizens has no evidence of intentional concealment, misrepresentation of material fact, fraudulent conduct, or false statements made during the claims process which could void coverage under the Policy. RESPONSE: Objection, calls for a legal conclusion. 21. Admit that the Plaintiffs complied with all post-loss obligations set forth in the Policy. RESPONSE: Denied. 22. Admit that the Plaintiffs complied with all conditions precedent to the filing of this lawsuit. RESPONSE: Denied. 23. Admit that Citizens did not demand appraisal or request mediation. RESPONSE: Denied.Amaya, Jimmy and Ramos, Amelis v. Citizens CASE NO. CACE 19-021027 (04) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been sent by email on this the day of — , 2020, to Daniel Cruz, Esq., The Diener Firm, P.A., Attorneys for Plaintiff, service@dienerfirm.com, daniel@dienerfirm.com, alissa@dienerfirm.com. BRONSTEIN & CARMONA, P.A. Attorneys for Defendant 8000 Peters Road, Suite A-200 Fort Lauderdale, FL 33324 (954) 358-0444 — Phone (954) 358-0445 — Fax service@bronstein-carmona.com By: /s/ Michael R. Podolsky Florida Bar No: 105484