On August 19, 2021 a
Party Discovery
was filed
involving a dispute between
Terrie Cooper,
and
Cypress Property And Casualty Insurance Company,
for CONTRACT & DEBT
in the District Court of Palm Beach County.
Preview
Filing # 134333439 E-Filed 09/10/2021 09:35:21 AM
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
TERRIE COOPER,
Plaintiff,
v. CASE NO.: 50-2021-CA-009913-XXXX-MB
CYPRESS PROPERTY & CASUALTY
INSURANCE COMPANY,
Defendant.
/
PLAINTIFF’S REQUEST FOR ADMISSIONS
Plaintiff, TERRIE COOPER (hereinafter “Insured”), by and through the undersigned
counsel, and pursuant to Rule 1.370 Florida Rules of Civil Procedure, requests the Defendant,
CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY (hereinafter “Insurance
Company”) to admit or deny the following:
1. Admit that the insurance policy which forms the subject matter of this lawsuit was
issued by the Insurance Company.
2. Admit that the Insurance Company was providing insurance coverage to the
property located at 869 ORCHID DRIVE, ROYAL PALM BEACH, FL 33411 at the time of the
peril described in the Insured’s Complaint.
3. Admit that the cause of the damage at issue is covered under the insurance policy.
4. Admit that the Insured made a claim against the Insurance Company for insurance
coverage to the Insured’s property.
5. Admit that the Insurance Company was provided an estimate prepared on behalf of
the Insured.
*** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 09/10/2021 09:35:21 AM ***6. Admit that the Insurance Company has failed and/or has refused to pay the
Insured’s claim as described in the Complaint.
7. Admit that the only reason for the Insurance Company’s denial of payment on the
subject claim is a result of its determination that the damage to the Insured’s property is not the
result of a covered peril under the subject Policy of insurance.
8. Admit that the Insurance Company did not make a payment of insurance benefits
to or for the benefit of the Insured for the alleged loss described in the Complaint.
9. Admit that the Insurance Company acknowledges that the Insured’s estimate
pertaining to repairs is accurate and correct.
10. Admit that the Insured submitted to the Insurance Company a written estimate of
repairs for the damages to have occurred by reason of the loss described in the Complaint.
ll. Admit that the damage, as detailed in the Insured’s estimate, is covered under the
applicable insurance policy.
12. Admit that the Insurance Company’s litigation of the instant action is for the
purpose of delaying and/ or avoiding payment to the Insured.
13. Admit that the Insured have complied with all post-loss conditions precedent to the
filing of this lawsuit.
14. Admit that the Insurance Company assumes liability to the Insured for the damage
sustained to their property.
15. Admit that the Insurance Company is required to pay the Insured’s attorney’s fees
and costs pursuant to Florida Statute Section 627.428.
16. Admit that the Insured has provided documents to the Insurance Company to aid
their investigation.17. Admit that the Insured has allowed the Insurance Company to inspect the property
at issue and to examine the damage.
18. Admit that the Insured has made himself available to the Insurance Company to aid
their investigation, including allowing his property to be inspected or submitting to an examination
under oath.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was filed through the
Florida E-Portal System and served via Notice of Electronic Filing to all counsel of record on this
September 10, 2021.
THE PROPERTY ADVOCATES, P.A.
Attorney for Plaintiff
255 South Orange Avenue, Suite 750
Orlando, Florida 32801
Telephone: (321) 234-3600
Facsimile: (321) 256-5367
Primary E-Service: pleadings@thepropertyadvocates.com
Secondary E-Service: Team15@thepropertyadvocates.com
Email: ggrimes@thepropertyadvocates.com
Email: nivanor@thepropertyadvocates.com
GRANT MES, ESQUIRE
FLORIDA BAR NO.:0124709
NESTOR M. IVANOR, ESQUIRE
FLORIDA BAR NO.: 1003018
Document Filed Date
September 10, 2021
Case Filing Date
August 19, 2021
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Filing # 134333439 E-Filed 09/10/2021 09:35:21 AM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA TERRIE COOPER, Plaintiff, v. CASE NO.: 50-2021-CA-009913-XXXX-MB CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. / PLAINTIFF’S REQUEST FOR ADMISSIONS Plaintiff, TERRIE COOPER (hereinafter “Insured”), by and through the undersigned counsel, and pursuant to Rule 1.370 Florida Rules of Civil Procedure, requests the Defendant, CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY (hereinafter “Insurance Company”) to admit or deny the following: 1. Admit that the insurance policy which forms the subject matter of this lawsuit was issued by the Insurance Company. 2. Admit that the Insurance Company was providing insurance coverage to the property located at 869 ORCHID DRIVE, ROYAL PALM BEACH, FL 33411 at the time of the peril described in the Insured’s Complaint. 3. Admit that the cause of the damage at issue is covered under the insurance policy. 4. Admit that the Insured made a claim against the Insurance Company for insurance coverage to the Insured’s property. 5. Admit that the Insurance Company was provided an estimate prepared on behalf of the Insured. *** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 09/10/2021 09:35:21 AM ***6. Admit that the Insurance Company has failed and/or has refused to pay the Insured’s claim as described in the Complaint. 7. Admit that the only reason for the Insurance Company’s denial of payment on the subject claim is a result of its determination that the damage to the Insured’s property is not the result of a covered peril under the subject Policy of insurance. 8. Admit that the Insurance Company did not make a payment of insurance benefits to or for the benefit of the Insured for the alleged loss described in the Complaint. 9. Admit that the Insurance Company acknowledges that the Insured’s estimate pertaining to repairs is accurate and correct. 10. Admit that the Insured submitted to the Insurance Company a written estimate of repairs for the damages to have occurred by reason of the loss described in the Complaint. ll. Admit that the damage, as detailed in the Insured’s estimate, is covered under the applicable insurance policy. 12. Admit that the Insurance Company’s litigation of the instant action is for the purpose of delaying and/ or avoiding payment to the Insured. 13. Admit that the Insured have complied with all post-loss conditions precedent to the filing of this lawsuit. 14. Admit that the Insurance Company assumes liability to the Insured for the damage sustained to their property. 15. Admit that the Insurance Company is required to pay the Insured’s attorney’s fees and costs pursuant to Florida Statute Section 627.428. 16. Admit that the Insured has provided documents to the Insurance Company to aid their investigation.17. Admit that the Insured has allowed the Insurance Company to inspect the property at issue and to examine the damage. 18. Admit that the Insured has made himself available to the Insurance Company to aid their investigation, including allowing his property to be inspected or submitting to an examination under oath. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was filed through the Florida E-Portal System and served via Notice of Electronic Filing to all counsel of record on this September 10, 2021. THE PROPERTY ADVOCATES, P.A. Attorney for Plaintiff 255 South Orange Avenue, Suite 750 Orlando, Florida 32801 Telephone: (321) 234-3600 Facsimile: (321) 256-5367 Primary E-Service: pleadings@thepropertyadvocates.com Secondary E-Service: Team15@thepropertyadvocates.com Email: ggrimes@thepropertyadvocates.com Email: nivanor@thepropertyadvocates.com GRANT MES, ESQUIRE FLORIDA BAR NO.:0124709 NESTOR M. IVANOR, ESQUIRE FLORIDA BAR NO.: 1003018