On April 12, 2021 a
Notice of Service of Interrogatories
was filed
involving a dispute between
In Chung,
Mal Chung,
and
Cypress Property & Casualty Insurance Company,
for CA Contracts and Indebtedness
in the District Court of Lee County.
Preview
Filing # 124724636 E-Filed 04/12/2021 11:40:15 AM
IN THE CIRCUIT COURT OF THE 20%
JUDICIAL CIRCUIT IN AND FOR
LEE COUNTY, FLORIDA
IN Y CHUNG AND
MAL CHUNG, CASE NO.:
Plaintiffs,
Vv.
CYPRESS PROPERTY &
CASUALTY INSURANCE COMPANY,
Defendant.
/
PLAINTIFFS’ FIRST REQUEST FOR ADMISSIONS TO DEFENDANT
COME NOW, Plaintiffs, IN Y CHUNG AND MAL CHUNG, through the undersigned
counsel, and hereby file their First Request for Admissions to Defendant, CYPRESS
PROPERTY & CASUALTY INSURANCE COMPANY:
1. Please admit Defendant found that under insurance policy number FYN 8062560
04 81, Plaintiffs’ claim, assigned claim number CFL200110963, was determined to be caused by
a covered cause of loss.
2. Please admit Defendant found that insurance policy number FYN 8062560 04 81
did not provide coverage for any portion Plaintiffs’ claim, assigned claim number
CFL200110963.
3. Please admit Defendant has not issued payment for claim number CFL200110963
to the Plaintiffs prior to the initiation of this lawsuit.
4. Please admit that any payment issued by Defendant to Plaintiffs under claim
number CFL200110963 prior to the initiation of this action did not include any amount for
overhead and profit.
Page 1 of 4
eFiled Lee County Clerk of Courts Page 15. Please admit Defendant’s pre-suit estimate under insurance policy FYN 8062560
04 81 for claim number CFL200110963 was insufficient to provide the actual cash value of the
repairs needed to return the insured property to its pre-loss condition.
6. Please admit the adjuster whose services Defendant employed to inspect the
insured property relating to claim number CFL200110963 did not have a Florida adjuster’s
license at the time of the inspection.
7. Please admit Defendant does not know the credentials of any adjuster who
inspected the insured property for claim number CFL200110963.
8. Please admit Defendant did not have a licensed contractor inspect Plaintiffs’
property for claim number CFL200110963 prior to the initiation of this lawsuit.
9. Please admit Defendant did not have a Florida-licensed General Contractor
inspect Plaintiffs’ property for claim number CFL200110963 prior to the initiation of this
lawsuit.
10. Please admit Defendant did not have a Florida-licensed expert examine Plaintiffs’
property for claim number CFL200110963 prior to the initiation of this lawsuit.
11. Please admit the individual who prepared the repair estimate/report Defendant
relied upon for its coverage and/or payment determinations in claim number CFL200110963
lacks the licenses required by Florida Statutes to perform the construction and repair services
said individual included in his/her estimate.
12. Please admit that the repair estimate/report Defendant relied upon for its coverage
and/or payment determinations in claim number CFL200110963 includes the unmodified prices
provided by the Xactimate software price lists.
Page 2 of 4
eFiled Lee County Clerk of Courts Page 213. Please admit Defendant did not request an examination under oath of Plaintiffs for
claim number CFL200110963 prior to the initiation of this action.
14. Please admit Defendant did not request a sworn proof of loss for claim number
CFL200110963 prior to the initiation of this action.
15. Please admit Defendant did not offer to make any repairs at the subject property
under claim number CFL200110963 prior to the initiation of this action.
16. Please admit Defendant did not request a recorded statement of Plaintiffs for
claim number CFL2001 10963.
17. Please admit that it will be necessary to acquire building permits in order to
complete the repairs outlined by the Defendant’s adjuster’s repair estimate for the subject
property under claim number CFL200110963.
18. Please admit Defendant invoked its option to repair under the contract.
19. Please admit Defendant voluntarily accepted and retained the full deductible
payment made by Plaintiffs, and thereafter refused to restore the subject property back to its pre-
loss condition.
20. Please admit the subject roof tile is no longer commercially available.
[Certificate of Service on Following Page]
Page 3 of 4
eFiled Lee County Clerk of Courts Page 3CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing has been served on Defendant.
KANNER & PINTALUGA, P.A.
Attorneys for Plaintiffs
925 S. Federal Highway, Second Floor
Boca Raton, FL 33432
Phone: (561) 892-9836
Fax: (561) 853-2188
Court Phone Number: (1-888) 824-7834
Email: sceballos@kpattorney.com
FirstPartyEService@kpattorney.com
By:_/s/ Sullyng C. Ceballos
SULLYNG C. CEBALLOS, ESQ.
Florida Bar No.: 1017956
Page 4 of 4
eFiled Lee County Clerk of Courts Page 4
Document Filed Date
April 12, 2021
Case Filing Date
April 12, 2021
Category
CA Contracts and Indebtedness
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Filing # 124724636 E-Filed 04/12/2021 11:40:15 AM IN THE CIRCUIT COURT OF THE 20% JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA IN Y CHUNG AND MAL CHUNG, CASE NO.: Plaintiffs, Vv. CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. / PLAINTIFFS’ FIRST REQUEST FOR ADMISSIONS TO DEFENDANT COME NOW, Plaintiffs, IN Y CHUNG AND MAL CHUNG, through the undersigned counsel, and hereby file their First Request for Admissions to Defendant, CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY: 1. Please admit Defendant found that under insurance policy number FYN 8062560 04 81, Plaintiffs’ claim, assigned claim number CFL200110963, was determined to be caused by a covered cause of loss. 2. Please admit Defendant found that insurance policy number FYN 8062560 04 81 did not provide coverage for any portion Plaintiffs’ claim, assigned claim number CFL200110963. 3. Please admit Defendant has not issued payment for claim number CFL200110963 to the Plaintiffs prior to the initiation of this lawsuit. 4. Please admit that any payment issued by Defendant to Plaintiffs under claim number CFL200110963 prior to the initiation of this action did not include any amount for overhead and profit. Page 1 of 4 eFiled Lee County Clerk of Courts Page 15. Please admit Defendant’s pre-suit estimate under insurance policy FYN 8062560 04 81 for claim number CFL200110963 was insufficient to provide the actual cash value of the repairs needed to return the insured property to its pre-loss condition. 6. Please admit the adjuster whose services Defendant employed to inspect the insured property relating to claim number CFL200110963 did not have a Florida adjuster’s license at the time of the inspection. 7. Please admit Defendant does not know the credentials of any adjuster who inspected the insured property for claim number CFL200110963. 8. Please admit Defendant did not have a licensed contractor inspect Plaintiffs’ property for claim number CFL200110963 prior to the initiation of this lawsuit. 9. Please admit Defendant did not have a Florida-licensed General Contractor inspect Plaintiffs’ property for claim number CFL200110963 prior to the initiation of this lawsuit. 10. Please admit Defendant did not have a Florida-licensed expert examine Plaintiffs’ property for claim number CFL200110963 prior to the initiation of this lawsuit. 11. Please admit the individual who prepared the repair estimate/report Defendant relied upon for its coverage and/or payment determinations in claim number CFL200110963 lacks the licenses required by Florida Statutes to perform the construction and repair services said individual included in his/her estimate. 12. Please admit that the repair estimate/report Defendant relied upon for its coverage and/or payment determinations in claim number CFL200110963 includes the unmodified prices provided by the Xactimate software price lists. Page 2 of 4 eFiled Lee County Clerk of Courts Page 213. Please admit Defendant did not request an examination under oath of Plaintiffs for claim number CFL200110963 prior to the initiation of this action. 14. Please admit Defendant did not request a sworn proof of loss for claim number CFL200110963 prior to the initiation of this action. 15. Please admit Defendant did not offer to make any repairs at the subject property under claim number CFL200110963 prior to the initiation of this action. 16. Please admit Defendant did not request a recorded statement of Plaintiffs for claim number CFL2001 10963. 17. Please admit that it will be necessary to acquire building permits in order to complete the repairs outlined by the Defendant’s adjuster’s repair estimate for the subject property under claim number CFL200110963. 18. Please admit Defendant invoked its option to repair under the contract. 19. Please admit Defendant voluntarily accepted and retained the full deductible payment made by Plaintiffs, and thereafter refused to restore the subject property back to its pre- loss condition. 20. Please admit the subject roof tile is no longer commercially available. [Certificate of Service on Following Page] Page 3 of 4 eFiled Lee County Clerk of Courts Page 3CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing has been served on Defendant. KANNER & PINTALUGA, P.A. Attorneys for Plaintiffs 925 S. Federal Highway, Second Floor Boca Raton, FL 33432 Phone: (561) 892-9836 Fax: (561) 853-2188 Court Phone Number: (1-888) 824-7834 Email: sceballos@kpattorney.com FirstPartyEService@kpattorney.com By:_/s/ Sullyng C. Ceballos SULLYNG C. CEBALLOS, ESQ. Florida Bar No.: 1017956 Page 4 of 4 eFiled Lee County Clerk of Courts Page 4