Preview
Filing# 137758032 E-Filed 1 1/02/2021 03:59:34 PM
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR BROWARD
COUNTY, FLORIDA
CASE NO: CACE21-016125 (03)
SELMA CURTIS,
Plaintiff.
VS.
STATE FARM FLORIDA INSURANCE
COMPANY,
Defendant,
i
DEFENDANT'S RESPONSE TO PLAINTIFF'S REQUEST FOR ADMISSIONS
COMES NOW the Defendant, STATE FARM FLORIDA INSURANCE
COMPANY, by and through the undersigned attorney, and pursuant to Florida Rule of Civil
Procedure 1.370, and hereby files this Response to Plaintiff's Request for Admissions and
alleges:
1. The insured had a property insurance policywith State Farm Florida Insurance Company
(hereinafter
the "Policy")that was in full force and effect on 7/7/2021 for the property at 4633
SW 132TH AVE, MIRAMAR, FL, 33027 (hereinafterthe "Property").
Admit to the existence of a subjectpolicyof insurance issued to the insured, subject to the
terms, conditions, duties and exclusions of the policy of insurance, and governing Florida
Statutes.
2.
The Policyissued by Defendant provided coverage for damage caused to the Property as a
result ofthe property damage that occurred on 7/7/2021.
Deny as phrased.
3. Defendant was notified of the loss pursuant to the terms and condition of the Policy.
Deny as phrased.
[6048808/ll
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 11/02/2021 03:59:34 PM.****
4. Defendant was timelynotified of the claim that is at issue in this case.
Deny as phrased.
5. Defendant was provided an estimate of damages, the ability
to inspectthe loss,and
photographs of the damages.
Admit to estimate for damages from Five Star Claims Adjusting; deny as phrased to the
remainder as compound and callingfor a legalconclusion.
6. Defendant by and or through its agents authored, acceptedand/or drafted the insurance policy
at issue in this action and that Defendant has a true and correct copy of the subjectinsurance
policyin its possession.
Admit to the existence of a subject policy of insurance issued to the insured, subject to the
terms, conditions, duties and exclusions of the policy of insurance, and governing Florida
Statutes; deny as to the remainder or any inferences to be drawn therefrom.
7. Florida and local law are applicableto, and are incorporatedinto,the policyissued to the
Insured.
Admit to the existence of a subject policy of insurance issued to the insured, subject to the
terms, conditions, duties and exclusions of the policyof insurance, and governing Florida
Statutes; deny as to the remainder or any inferences to be drawn therefrom.
8. Defendant's field adjusterinspectedthe property at issue in this lawsuit for claim number
5922B 182P in the routine course of business.
Deny as phrased.
9. Defendant's file and "lognotes" for the insured property were kept in the ordinarycourse of
business.
Deny as phrased.
10. Defendant's field adjuster's
initial inspectionconcerning the property at issue in this lawsuit
for claim number 5922B 182P was not in anticipation
of litigation.
Deny as phrased.
11. Defendant, insurer,received a request for a copy of the recorded statement given by the
Plaintiff(s)/Insured.
Object as worded and ambiguous; notwithstanding same, denied.
[6048808/ll
12. Defendant received Plaintiff(s)'Invoice(s)
for chargesto repairthe property.
Object as worded and ambiguous.
13. Defendant failed to indemnify Plaintiff(s)for
the amount on Plaintiff(s)'
invoices or estimates
for the repairs.
Deny as phrased.
14. Defendant had an opportunityto inspectthe property priorto issuingthe subjectPolicy.
Deny as phrased
15. Defendant retained a field adjusterwho inspectedthe property.
Deny as phrased.
16. Defendant's field adjusterwrote an estimate of damages.
Deny as phrased.
17. Defendant did not pay the amounts as requestedby the Plaintiff(s).
Deny as phrased.
18. The Policy at issue covers damages resultingfrom subjectloss described in the Complaint.
Deny.
19. The Dwelling sustained direct physicaldamage while the Policywas in full force and effect.
Deny.
20. Plaintiff(s)
did not cause prejudiceto Defendant duringits investigation
of the claim.
Deny.
21. As ofthe date ofthis lawsuit,there were no outstandingrequest by Defendant for documents
or information in connection with its investigation
and adjustmentof the claim.
Deny.
22. Plaintiff(s)
complied with all duties after a loss pursuant to the Policy.
Deny.
[6048808/ll
23. The Policyprovidescoverage for any and all sudden and accidental physicaldamage to the
Dwelling that is not otherwise excluded or exceptedby the policy.
Deny as phrased and calls for legalconclusions, as the policy speaks for itself.
24. The Policyprovidescoverage for "all risks" of loss to the Dwelling.
Deny as phrased and calls for legalconclusions, as the policy speaks for itself.
25. The Policyprovidesbenefits on a "Replacement Cost Value" basis for covered losses to the
Dwelling subjectto the policylimits.
Deny as phrased and calls for legal conclusions, as the policy speaks for itself.
26. In the event of a covered loss to the Dwelling,the Policyprovidesbenefits to repairor
replacedamaged or destroyedproperty, without deductingfor depreciation.
Deny as phrased and calls for legal conclusions, as the policy speaks for itself.
27. In the event of a covered loss to the Dwelling,the PolicyrequiresDefendant to pay benefits
on a "Replacement Cost Value" basis,irrespectiveofwhether Plaintiff(s)
completes repairsor
replacesthe damaged property.
Deny as phrased and calls for legal conclusions, as the policy speaks for itself.
CERTIFICATE OF SERVICE
I hereby certifythat a true and correct copy of the foregoingwas served by E-Mail on
November 2
2021 to: Alicia
,
Pokhoy ESQ., The Property People FL, P.A., 117 NE 1st Ave,
Unit
15-104,
Miami,
FL
33132,
Service@PropertyPeopleLaw.com;alicia@propertypeoplelaw.com.
KIRWAN, SPELLACY, DANNER,
WATKINS & BROWNSTEIN, P.A.
Attorneys for Defendant
200 South Andrews Avenue, 8th Floor
Fort Lauderdale, FL 33301
t: (954) 463-3008
f: (954)463-3010
Pleadings:pleadings@kirwanspellacy.com
BY:/s/ R. Ryan Smith, Esq.
R. RYAN SMITH
FLORIDA BAR NO. 119396
RRS/wh/rrs
[6048808/ll
21-26309
[6048808/ll
Preview
Filing# 137758032 E-Filed 1 1/02/2021 03:59:34 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO: CACE21-016125 (03) SELMA CURTIS, Plaintiff. VS. STATE FARM FLORIDA INSURANCE COMPANY, Defendant, i DEFENDANT'S RESPONSE TO PLAINTIFF'S REQUEST FOR ADMISSIONS COMES NOW the Defendant, STATE FARM FLORIDA INSURANCE COMPANY, by and through the undersigned attorney, and pursuant to Florida Rule of Civil Procedure 1.370, and hereby files this Response to Plaintiff's Request for Admissions and alleges: 1. The insured had a property insurance policywith State Farm Florida Insurance Company (hereinafter the "Policy")that was in full force and effect on 7/7/2021 for the property at 4633 SW 132TH AVE, MIRAMAR, FL, 33027 (hereinafterthe "Property"). Admit to the existence of a subjectpolicyof insurance issued to the insured, subject to the terms, conditions, duties and exclusions of the policy of insurance, and governing Florida Statutes. 2. The Policyissued by Defendant provided coverage for damage caused to the Property as a result ofthe property damage that occurred on 7/7/2021. Deny as phrased. 3. Defendant was notified of the loss pursuant to the terms and condition of the Policy. Deny as phrased. [6048808/ll *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 11/02/2021 03:59:34 PM.**** 4. Defendant was timelynotified of the claim that is at issue in this case. Deny as phrased. 5. Defendant was provided an estimate of damages, the ability to inspectthe loss,and photographs of the damages. Admit to estimate for damages from Five Star Claims Adjusting; deny as phrased to the remainder as compound and callingfor a legalconclusion. 6. Defendant by and or through its agents authored, acceptedand/or drafted the insurance policy at issue in this action and that Defendant has a true and correct copy of the subjectinsurance policyin its possession. Admit to the existence of a subject policy of insurance issued to the insured, subject to the terms, conditions, duties and exclusions of the policy of insurance, and governing Florida Statutes; deny as to the remainder or any inferences to be drawn therefrom. 7. Florida and local law are applicableto, and are incorporatedinto,the policyissued to the Insured. Admit to the existence of a subject policy of insurance issued to the insured, subject to the terms, conditions, duties and exclusions of the policyof insurance, and governing Florida Statutes; deny as to the remainder or any inferences to be drawn therefrom. 8. Defendant's field adjusterinspectedthe property at issue in this lawsuit for claim number 5922B 182P in the routine course of business. Deny as phrased. 9. Defendant's file and "lognotes" for the insured property were kept in the ordinarycourse of business. Deny as phrased. 10. Defendant's field adjuster's initial inspectionconcerning the property at issue in this lawsuit for claim number 5922B 182P was not in anticipation of litigation. Deny as phrased. 11. Defendant, insurer,received a request for a copy of the recorded statement given by the Plaintiff(s)/Insured. Object as worded and ambiguous; notwithstanding same, denied. [6048808/ll 12. Defendant received Plaintiff(s)'Invoice(s) for chargesto repairthe property. Object as worded and ambiguous. 13. Defendant failed to indemnify Plaintiff(s)for the amount on Plaintiff(s)' invoices or estimates for the repairs. Deny as phrased. 14. Defendant had an opportunityto inspectthe property priorto issuingthe subjectPolicy. Deny as phrased 15. Defendant retained a field adjusterwho inspectedthe property. Deny as phrased. 16. Defendant's field adjusterwrote an estimate of damages. Deny as phrased. 17. Defendant did not pay the amounts as requestedby the Plaintiff(s). Deny as phrased. 18. The Policy at issue covers damages resultingfrom subjectloss described in the Complaint. Deny. 19. The Dwelling sustained direct physicaldamage while the Policywas in full force and effect. Deny. 20. Plaintiff(s) did not cause prejudiceto Defendant duringits investigation of the claim. Deny. 21. As ofthe date ofthis lawsuit,there were no outstandingrequest by Defendant for documents or information in connection with its investigation and adjustmentof the claim. Deny. 22. Plaintiff(s) complied with all duties after a loss pursuant to the Policy. Deny. [6048808/ll 23. The Policyprovidescoverage for any and all sudden and accidental physicaldamage to the Dwelling that is not otherwise excluded or exceptedby the policy. Deny as phrased and calls for legalconclusions, as the policy speaks for itself. 24. The Policyprovidescoverage for "all risks" of loss to the Dwelling. Deny as phrased and calls for legalconclusions, as the policy speaks for itself. 25. The Policyprovidesbenefits on a "Replacement Cost Value" basis for covered losses to the Dwelling subjectto the policylimits. Deny as phrased and calls for legal conclusions, as the policy speaks for itself. 26. In the event of a covered loss to the Dwelling,the Policyprovidesbenefits to repairor replacedamaged or destroyedproperty, without deductingfor depreciation. Deny as phrased and calls for legal conclusions, as the policy speaks for itself. 27. In the event of a covered loss to the Dwelling,the PolicyrequiresDefendant to pay benefits on a "Replacement Cost Value" basis,irrespectiveofwhether Plaintiff(s) completes repairsor replacesthe damaged property. Deny as phrased and calls for legal conclusions, as the policy speaks for itself. CERTIFICATE OF SERVICE I hereby certifythat a true and correct copy of the foregoingwas served by E-Mail on November 2 2021 to: Alicia , Pokhoy ESQ., The Property People FL, P.A., 117 NE 1st Ave, Unit 15-104, Miami, FL 33132, Service@PropertyPeopleLaw.com;alicia@propertypeoplelaw.com. KIRWAN, SPELLACY, DANNER, WATKINS & BROWNSTEIN, P.A. Attorneys for Defendant 200 South Andrews Avenue, 8th Floor Fort Lauderdale, FL 33301 t: (954) 463-3008 f: (954)463-3010 Pleadings:pleadings@kirwanspellacy.com BY:/s/ R. Ryan Smith, Esq. R. RYAN SMITH FLORIDA BAR NO. 119396 RRS/wh/rrs [6048808/ll 21-26309 [6048808/ll