Preview
Filing# 136822116 E-Filed 10/19/2021 11:48:06 AM
IN
THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT IN
AND
FOR
BROWARD
COUNTY,
FLORIDA
CASE NO.: CACE-21-007201
ANTONIO ALFARO and DIANAALFARO,
Plaintiffs,
V
TYPTAP INSURANCE COMPANY,
Defendant.
DEFENDANT'S ANSWER AND AFFIRMATIVE DEFENSES AND MOTION TO
STRIKE
COMES NOW Defendant, TYPTAP INSURANCE COMPANY, by and through its
undersigned counsel, files its Answer and Affirmative Defenses to the Complaint and
Motion to Strike. For purposes of this Answer, all allegations not specificallyadmitted are
deemed denied.
PARTIES, JURISDICTION AND VENUE
1.
Admitted for jurisdictionalpurposes only. Defendant denies that Plaintiffs
are entitled to the relief sought and demands strict proof thereof.
2.
Lacks knowledge, therefore denied.
3.
Denied as phrased. Admitted only that Defendant is authorized to issue
homeowners policiesin Florida. Denied that Defendant does business in
Broward County, Florida.
4.
Admitted.
Page 1
COLE, SCOTT & KISSANE, P.A.
ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383-
9200 - (561) 683-8977 FAX
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/19/2021 11:48:06 AM.****
CASE NO.: CACE-21-007201
5.
Denied. The Plaintiffs have failed to provide sufficient documentation to
substantiate their claim.
GENERAL ALLEGATIONS
6.
Admitted, subject to the terms, conditions, exclusions and other limitations
of the Policy.
7.
Admitted, subject to the terms, conditions, exclusions and other limitations
of the Policy.The terms of the Policy speak for themselves and are the best
evidence of the coverages afforded under the Policy.
8.
Denied.
9.
Denied as phrased. Admit only that claim number 12-3001394-20 was
assigned to Plaintiffs' claim. All other allegationsand inferences are denied.
10. Denied as phrased. Admit only that there was no coverage for the Plaintiffs
claim. All other allegationsand inferences are denied.
11. Denied. The Defendant did not breach the contract. There was no coverage
for the Plaintiffs' claim.
12. Denied. The Defendant did not breach the contract.
13. Denied. Further Defendant moves to strike the request for attorney's fees
pursuant to Florida Statutes Section 626.9373, as itdoes not apply to this
case.
COUNT -
I
BREACH OF CONTRACT
14.The Defendant realleges and reincorporates paragraphs 1-4 as iffullyset
forth herein.
Page 2
COLE, SCOTT & KISSANE, P.A.
ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383-
9200 - (561) 683-8977 FAX
CASE NO.: CACE-21-007201
15.Admitted, subject to the terms, conditions, exclusions and other limitations
of the Policy.The terms of the Policyspeak for themselves and are the
best evidence of the partiesobligations under the contract.
16. Denied. The Plaintiffs have failed to provide sufficient documentation in
order to substantiate their claim. Further the Plaintiffs failed to show the
damaged property.
17. Denied as phrased. There was no coverage for the Plaintiffs' claim.
18. Denied. The Plaintiffs have failed to provide sufficient documentation in
order to substantiate their claim. Further the Plaintiffs failed to show the
damaged property.
19. Denied. The Defendant did not breach the contract. There was no coverage
for the Plaintiffs' claim.
20. Denied. The Defendant did not breach the contract.
21.As for the WHEREFORE Clause immediately following paragraph 20 of
Plaintiffs' Complaint, Defendant denies that Plaintiffs are entitled to the relief
sought and demands strict proof thereof. Further Defendant moves to strike
the request for attorney's fees pursuant to Florida Statutes Section
626.9373, as itdoes not apply to this case.
COUNT Il - PETITION FOR DECLARATORY RELIEF
As to Count Il,the Court entered an agreed order dismissing Count Il of
the Plaintiffs' Complaint without prejudice on 8/12/2021.
Page 3
COLE, SCOTT & KISSANE, P.A.
ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383-
9200 - (561) 683-8977 FAX
CASE NO.: CACE-21-007201
AFFIRMATIVE DEFENSES
First Affirmative Defense
Plaintiffs' claim is barred and/or limited as there was no ensuing physical damage
to covered property. The policystates in part:
SECTION I - PERILS INSURED AGAINST
A. COVERAGE A-DWELLING and COVERAGE B-OTHER
STRUCTURES
1. We insure against risk of direct physical loss to property
described in Coverages A and B.
Defendant inspected the Plaintiffs' property and did not find any evidence of
ensuing physical damage to covered property from water back up or any other covered
peril.Therefore there was no coverage for the Plaintiffs' claim.
Second Affirmative Defense
Plaintiffs' claim is barred/and or limited as the policy does not provide
coverage for repairof appliance or plumbing system from which the water escaped. The
policy states in relevant part:
SECTION -
I
PERILS INSURED AGAINST
COVERAGE A - DWELLING and COVERAGE B - OTHER
STRUCTURES
1.
We insure against risk of direct loss to property described
in Coverages A and B only ifthat Loss is a physical loss to
property.
2. We do not insure, however, for Ioss:
a. Excluded under Section I- Exclusions;
***
c. Caused by:
***
(5)Accidental discharge or overflow of water or steam; unless
loss to property covered under Coverage A or B results from
an accidental discharge or overflow of water or steam from
within a plumbing, heating, air conditioningor automatic fire
protective sprinkler system or household appliance on the
"residence premises".
Page 4
COLE, SCOTT & KISSANE, P.A.
ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383-
9200 - (561) 683-8977 FAX
CASE NO.: CACE-21-007201
Loss to property covered under Coverage A or B that results
from an accidental discharge or overflow of water or steam
from within a plumbing, heating, air conditioningor automatic
fire protectivesprinklersystem or household appliance on the
"residence premises" includes the cost to tear out and repair
only that part of a building, or only that part of an other
structure, on the "residence premises," necessary to access
and repairthe system or appliance.
We do not cover Ioss:
(d) To a plumbing system, whether above or below the
ground, caused by;
(i)Age, collapse,obsolescence, wear, tear;
(ii)
Fading, oxidization, weathering;
(iii)
Deterioration, decay, marring, delamination, crumbling,
settling,cracking;
(iv) Shifting,bulging, racking, sagging, bowing, bending,
Ieaning;
(v)Shrinkage, expansion, contraction, bellying,corrosion;
(vi) The
unavailability or
discontinuation
of
a
part or
component of the system; or
(vii)
Any other age or maintenance related issue;
****
(f) Settling, shrinking, bulging
or
expansion,
including
resultant cracking, of pavements, patios,foundations, walls,
floors,roofs or ceilings;
***
In no event wil we pay for the repairor the replacement of the
system or app iance that caused the covered loss.
We do not cover loss to the system or appliance from which
this water escaped.
To the extent that the Plaintiffs are seeking coverage for the repairof the plumbing
system itself,such loss is explicitlyexcluded from coverage.
Third Affirmative Defense
Plaintiffs' claim is barred and or limited as the policyhas mold limit of $10,000.
To the extent that the Plaintiffs are seeking coverage that exceeds the $10,000 mold
limit of the policy,Plaintiffs' claim is barred.
Page 5
COLE, SCOTT & KISSANE, P.A.
ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383-
9200 - (561) 683-8977 FAX
CASE NO.: CACE-21-007201
Fourth Affirmative Defense
Plaintiffs' claim is barred and/or limited for failure to comply with the Policy's post-
loss obligationto "Show the Damaged Property."The policystates in part
SECTION -
I
CONDITIONS
C. Duties After Loss.
In case of a loss to covered property, we have no duty to
provide coverage under this policyifthe failure to comply with
the following duties is prejudicialto us. These duties must be
performed either by you, an
"insured" seeking coverage, or a representative of either:
1. Give prompt notice to us or your insurance agent;
Except for Reasonable Emergency Measures taken under
Additional Coverages 2.,there is no coverage
for repairs that begin before the earlier of:
a. 72 hours after we are notified of the loss;
b. The time of loss inspection by us; or
c. The time of other approval by us;
2. To the degree reasonably possible:
a. Retain the damaged property; and
b. Allow us to inspect, subject to 2.a. above, all damaged
property priorto its removal from the
"residence premises";
8. As often as we reasonably require:
a. Show the damaged property to the extent reasonably
possible;
The Plaintiffs Prejudiced the Defendant's investigationby replacinga portionof the
plumbing system before the Defendant had an opportunity to inspect. Therefore, there
was no coverage for Plaintiffs' claim.
DEFENDANT'S MOTION TO STRIKE PLAINTIFFS' CLAIM FOR ATTORNEY'S FEES
PURSUANT TO SECTION 626.9373
Page 6
COLE, SCOTT & KISSANE, P.A.
ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383-
9200 - (561) 683-8977 FAX
CASE NO.: CACE-21-007201
Defendant, TYPTAP INSURANCE COMPANY, by and through its undersigned
counsel, and pursuant to the Florida Rule of Civil Procedure hereby files this Motion to
Strike,and states as follows:
1.
This breach of contract case arises out of a first party property claim related to
an alleged plumbing leak.
2.
Within the Complaint the Plaintiffs claim they are entitled to attorney's fees
pursuant to Florida Statute Section 626.9373. See 913 above and the WHEREFORE
clause within the Plaintiffs' Complaint.
3.
Plaintiffs' request should be stricken as the statutory section cited does not
apply to this case.
4.
Florida Statute 626.9373 relates to surplus lines insurers,which does not apply
to the Defendant.
5.
Therefore, Plaintiffs' request for attorney'sfees pursuant to Section 626.9373,
Florida Statutes, as alleged in Paragraph 13 and in the WHEREFORE clause of the
Plaintiffs' Complaint should be stricken as itdoes not apply to Defendant.
WHEREFORE, the Defendant, TYPTAP INSURANCE COMPANY, respectfully
requests that this Honorable Court enter an Order granting Defendant's Motion and
strikingPlaintiffs' request for attorney's fees pursuant to Section 626.9373, Florida
Statutes, in Paragraph 13 of the Complaint and in the WHEREFORE clause in the
Plaintiffs' Complaint, and any other relief which this Court deems just and equitable.
RESERVATION OF RIGHT TO AMEND
Discovery is ongoing; therefore, Defendant reserves the rightto amend these
answers and affirmative defenses.
Page 7
COLE, SCOTT & KISSANE, P.A.
ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383-
9200 - (561) 683-8977 FAX
CASE NO.: CACE-21-007201
WHEREFORE, TYPTAP INSURANCE COMPANY. demands judgment against
the Plaintiffs for costs and all other damages which this Court deems justand equitable.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 19th day of October, 2021, a true and correct
copy of the foregoing was filed with the Clerk of Miami-Dade County by using the Florida
Courts e-Filing Portal, which will send an automatic e-mail message to the following
parties registered with the e-Filing Portal system:
Maximo A. Santiago, Esq,, Your
Insurance
Attorney,
PLLC,
yia3@yourinsuranceattorney.com;
eservice@yourinsuranceattorney.com, 2601 South Bayshore Drive, 18th Floor, Coconut
Grove, FL 33133, (888) 570-5677/(888) 745-5677 (F),Attorney for Plaintiffs,Antonio
Alfaro and Diana Arevalo.
COLE, SCOTT & KISSANE, P.A.
Counsel for Defendant TYPTAP INSURANCE
COMPANY
Esperante Building
222 Lakeview Avenue, Suite 120
West Palm Beach, Florida 33401
Telephone (561) 383-9252
Facsimile (561) 683-8977
Primary e-mail: mimi.mcandrews@csklegal.corn
Secondary e-mail: jacqueline.meyer@csklegal.corn
Alternate e-mail:
stephanie.slone-weaver@csklegal.com
By:
s/ Jacqueline P. Meyer
MIMI K. MCANDREWS
Florida Bar No.- 991368
JACQUELINE P. MEYER
Florida Bar No.: 1010785
0365.1428-00
Page 8
COLE, SCOTT & KISSANE, P.A.
ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383-
9200 - (561) 683-8977 FAX
Preview
Filing# 136822116 E-Filed 10/19/2021 11:48:06 AM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: CACE-21-007201 ANTONIO ALFARO and DIANAALFARO, Plaintiffs, V TYPTAP INSURANCE COMPANY, Defendant. DEFENDANT'S ANSWER AND AFFIRMATIVE DEFENSES AND MOTION TO STRIKE COMES NOW Defendant, TYPTAP INSURANCE COMPANY, by and through its undersigned counsel, files its Answer and Affirmative Defenses to the Complaint and Motion to Strike. For purposes of this Answer, all allegations not specificallyadmitted are deemed denied. PARTIES, JURISDICTION AND VENUE 1. Admitted for jurisdictionalpurposes only. Defendant denies that Plaintiffs are entitled to the relief sought and demands strict proof thereof. 2. Lacks knowledge, therefore denied. 3. Denied as phrased. Admitted only that Defendant is authorized to issue homeowners policiesin Florida. Denied that Defendant does business in Broward County, Florida. 4. Admitted. Page 1 COLE, SCOTT & KISSANE, P.A. ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383- 9200 - (561) 683-8977 FAX *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/19/2021 11:48:06 AM.**** CASE NO.: CACE-21-007201 5. Denied. The Plaintiffs have failed to provide sufficient documentation to substantiate their claim. GENERAL ALLEGATIONS 6. Admitted, subject to the terms, conditions, exclusions and other limitations of the Policy. 7. Admitted, subject to the terms, conditions, exclusions and other limitations of the Policy.The terms of the Policy speak for themselves and are the best evidence of the coverages afforded under the Policy. 8. Denied. 9. Denied as phrased. Admit only that claim number 12-3001394-20 was assigned to Plaintiffs' claim. All other allegationsand inferences are denied. 10. Denied as phrased. Admit only that there was no coverage for the Plaintiffs claim. All other allegationsand inferences are denied. 11. Denied. The Defendant did not breach the contract. There was no coverage for the Plaintiffs' claim. 12. Denied. The Defendant did not breach the contract. 13. Denied. Further Defendant moves to strike the request for attorney's fees pursuant to Florida Statutes Section 626.9373, as itdoes not apply to this case. COUNT - I BREACH OF CONTRACT 14.The Defendant realleges and reincorporates paragraphs 1-4 as iffullyset forth herein. Page 2 COLE, SCOTT & KISSANE, P.A. ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383- 9200 - (561) 683-8977 FAX CASE NO.: CACE-21-007201 15.Admitted, subject to the terms, conditions, exclusions and other limitations of the Policy.The terms of the Policyspeak for themselves and are the best evidence of the partiesobligations under the contract. 16. Denied. The Plaintiffs have failed to provide sufficient documentation in order to substantiate their claim. Further the Plaintiffs failed to show the damaged property. 17. Denied as phrased. There was no coverage for the Plaintiffs' claim. 18. Denied. The Plaintiffs have failed to provide sufficient documentation in order to substantiate their claim. Further the Plaintiffs failed to show the damaged property. 19. Denied. The Defendant did not breach the contract. There was no coverage for the Plaintiffs' claim. 20. Denied. The Defendant did not breach the contract. 21.As for the WHEREFORE Clause immediately following paragraph 20 of Plaintiffs' Complaint, Defendant denies that Plaintiffs are entitled to the relief sought and demands strict proof thereof. Further Defendant moves to strike the request for attorney's fees pursuant to Florida Statutes Section 626.9373, as itdoes not apply to this case. COUNT Il - PETITION FOR DECLARATORY RELIEF As to Count Il,the Court entered an agreed order dismissing Count Il of the Plaintiffs' Complaint without prejudice on 8/12/2021. Page 3 COLE, SCOTT & KISSANE, P.A. ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383- 9200 - (561) 683-8977 FAX CASE NO.: CACE-21-007201 AFFIRMATIVE DEFENSES First Affirmative Defense Plaintiffs' claim is barred and/or limited as there was no ensuing physical damage to covered property. The policystates in part: SECTION I - PERILS INSURED AGAINST A. COVERAGE A-DWELLING and COVERAGE B-OTHER STRUCTURES 1. We insure against risk of direct physical loss to property described in Coverages A and B. Defendant inspected the Plaintiffs' property and did not find any evidence of ensuing physical damage to covered property from water back up or any other covered peril.Therefore there was no coverage for the Plaintiffs' claim. Second Affirmative Defense Plaintiffs' claim is barred/and or limited as the policy does not provide coverage for repairof appliance or plumbing system from which the water escaped. The policy states in relevant part: SECTION - I PERILS INSURED AGAINST COVERAGE A - DWELLING and COVERAGE B - OTHER STRUCTURES 1. We insure against risk of direct loss to property described in Coverages A and B only ifthat Loss is a physical loss to property. 2. We do not insure, however, for Ioss: a. Excluded under Section I- Exclusions; *** c. Caused by: *** (5)Accidental discharge or overflow of water or steam; unless loss to property covered under Coverage A or B results from an accidental discharge or overflow of water or steam from within a plumbing, heating, air conditioningor automatic fire protective sprinkler system or household appliance on the "residence premises". Page 4 COLE, SCOTT & KISSANE, P.A. ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383- 9200 - (561) 683-8977 FAX CASE NO.: CACE-21-007201 Loss to property covered under Coverage A or B that results from an accidental discharge or overflow of water or steam from within a plumbing, heating, air conditioningor automatic fire protectivesprinklersystem or household appliance on the "residence premises" includes the cost to tear out and repair only that part of a building, or only that part of an other structure, on the "residence premises," necessary to access and repairthe system or appliance. We do not cover Ioss: (d) To a plumbing system, whether above or below the ground, caused by; (i)Age, collapse,obsolescence, wear, tear; (ii) Fading, oxidization, weathering; (iii) Deterioration, decay, marring, delamination, crumbling, settling,cracking; (iv) Shifting,bulging, racking, sagging, bowing, bending, Ieaning; (v)Shrinkage, expansion, contraction, bellying,corrosion; (vi) The unavailability or discontinuation of a part or component of the system; or (vii) Any other age or maintenance related issue; **** (f) Settling, shrinking, bulging or expansion, including resultant cracking, of pavements, patios,foundations, walls, floors,roofs or ceilings; *** In no event wil we pay for the repairor the replacement of the system or app iance that caused the covered loss. We do not cover loss to the system or appliance from which this water escaped. To the extent that the Plaintiffs are seeking coverage for the repairof the plumbing system itself,such loss is explicitlyexcluded from coverage. Third Affirmative Defense Plaintiffs' claim is barred and or limited as the policyhas mold limit of $10,000. To the extent that the Plaintiffs are seeking coverage that exceeds the $10,000 mold limit of the policy,Plaintiffs' claim is barred. Page 5 COLE, SCOTT & KISSANE, P.A. ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383- 9200 - (561) 683-8977 FAX CASE NO.: CACE-21-007201 Fourth Affirmative Defense Plaintiffs' claim is barred and/or limited for failure to comply with the Policy's post- loss obligationto "Show the Damaged Property."The policystates in part SECTION - I CONDITIONS C. Duties After Loss. In case of a loss to covered property, we have no duty to provide coverage under this policyifthe failure to comply with the following duties is prejudicialto us. These duties must be performed either by you, an "insured" seeking coverage, or a representative of either: 1. Give prompt notice to us or your insurance agent; Except for Reasonable Emergency Measures taken under Additional Coverages 2.,there is no coverage for repairs that begin before the earlier of: a. 72 hours after we are notified of the loss; b. The time of loss inspection by us; or c. The time of other approval by us; 2. To the degree reasonably possible: a. Retain the damaged property; and b. Allow us to inspect, subject to 2.a. above, all damaged property priorto its removal from the "residence premises"; 8. As often as we reasonably require: a. Show the damaged property to the extent reasonably possible; The Plaintiffs Prejudiced the Defendant's investigationby replacinga portionof the plumbing system before the Defendant had an opportunity to inspect. Therefore, there was no coverage for Plaintiffs' claim. DEFENDANT'S MOTION TO STRIKE PLAINTIFFS' CLAIM FOR ATTORNEY'S FEES PURSUANT TO SECTION 626.9373 Page 6 COLE, SCOTT & KISSANE, P.A. ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383- 9200 - (561) 683-8977 FAX CASE NO.: CACE-21-007201 Defendant, TYPTAP INSURANCE COMPANY, by and through its undersigned counsel, and pursuant to the Florida Rule of Civil Procedure hereby files this Motion to Strike,and states as follows: 1. This breach of contract case arises out of a first party property claim related to an alleged plumbing leak. 2. Within the Complaint the Plaintiffs claim they are entitled to attorney's fees pursuant to Florida Statute Section 626.9373. See 913 above and the WHEREFORE clause within the Plaintiffs' Complaint. 3. Plaintiffs' request should be stricken as the statutory section cited does not apply to this case. 4. Florida Statute 626.9373 relates to surplus lines insurers,which does not apply to the Defendant. 5. Therefore, Plaintiffs' request for attorney'sfees pursuant to Section 626.9373, Florida Statutes, as alleged in Paragraph 13 and in the WHEREFORE clause of the Plaintiffs' Complaint should be stricken as itdoes not apply to Defendant. WHEREFORE, the Defendant, TYPTAP INSURANCE COMPANY, respectfully requests that this Honorable Court enter an Order granting Defendant's Motion and strikingPlaintiffs' request for attorney's fees pursuant to Section 626.9373, Florida Statutes, in Paragraph 13 of the Complaint and in the WHEREFORE clause in the Plaintiffs' Complaint, and any other relief which this Court deems just and equitable. RESERVATION OF RIGHT TO AMEND Discovery is ongoing; therefore, Defendant reserves the rightto amend these answers and affirmative defenses. Page 7 COLE, SCOTT & KISSANE, P.A. ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383- 9200 - (561) 683-8977 FAX CASE NO.: CACE-21-007201 WHEREFORE, TYPTAP INSURANCE COMPANY. demands judgment against the Plaintiffs for costs and all other damages which this Court deems justand equitable. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 19th day of October, 2021, a true and correct copy of the foregoing was filed with the Clerk of Miami-Dade County by using the Florida Courts e-Filing Portal, which will send an automatic e-mail message to the following parties registered with the e-Filing Portal system: Maximo A. Santiago, Esq,, Your Insurance Attorney, PLLC, yia3@yourinsuranceattorney.com; eservice@yourinsuranceattorney.com, 2601 South Bayshore Drive, 18th Floor, Coconut Grove, FL 33133, (888) 570-5677/(888) 745-5677 (F),Attorney for Plaintiffs,Antonio Alfaro and Diana Arevalo. COLE, SCOTT & KISSANE, P.A. Counsel for Defendant TYPTAP INSURANCE COMPANY Esperante Building 222 Lakeview Avenue, Suite 120 West Palm Beach, Florida 33401 Telephone (561) 383-9252 Facsimile (561) 683-8977 Primary e-mail: mimi.mcandrews@csklegal.corn Secondary e-mail: jacqueline.meyer@csklegal.corn Alternate e-mail: stephanie.slone-weaver@csklegal.com By: s/ Jacqueline P. Meyer MIMI K. MCANDREWS Florida Bar No.- 991368 JACQUELINE P. MEYER Florida Bar No.: 1010785 0365.1428-00 Page 8 COLE, SCOTT & KISSANE, P.A. ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383- 9200 - (561) 683-8977 FAX