On October 22, 2020 a
Party Discovery
was filed
involving a dispute between
Hedge, Jean,
Hedge, Robert,
and
Omega Insurance Company,
for Other - Insurance Claim
in the District Court of Broward County.
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Filing # 123604597 E-Filed 03/23/2021 02:16:16 PM
1
IN THE CIRCUIT COURT OF THE 17™
JUDICIAL CIRCUIT IN AND FOR BROWARD
COUNTY, FLORIDA
JEAN HEDGE and ROBERT CASE NO: CACE-20-017607
HEDGE,
Plaintiff,
vs.
OMEGA INSURANCE COMPANY,
Defendant.
/
PLAINTIFF’S RESPONSE TO DEFENDANT’S RE!
FOR ADMISSIONS
The Plaintiffs, JEAN HEDGE and ROBERT HEDGE, by and through the undersigned
counsel and hereby files this Response to Defendant’s Request for Admissions dated February
15, 2021, and in furtherance thereof states:
1. Admit Omega assigned claim number 3300341865 for the alleged date of loss of
September 10, 2017 as reflected in the subject lawsuit.
Answer: Admitted
2. Admit that the claim was reported to Omega by Advantage PA, Inc. on June 10, 2020.
Answer: Admitted
3. Admit that June 10, 2020 is not prompt notice to Omega of the subject claim.
Answer: Denied.
4. Admit that a Sworn Statement in Proof of Loss for $156,017.93 was submitted to Omega
on September 23, 2020 after the claim was already denied.
Answer: Admit that Sworn Proof of Loss was signed and forwarded.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 03/23/2021 02:16:16 PM.****2
5. Admit that the September 23, 2020, submission of the Sworn Proof of Loss exceeds the
three year Statute of Limitations for submitting claims/supplemental claims as they relate
to Hurricane Irma with a date of loss of September 10, 2017.
Answer: Denied.
6. Admit that the alleged damages claimed were not the result of a storm created opening.
Answer: Denied.
7. Admit that the alleged damages claimed were not the result of wind.
Answer: Denied.
8. Admit that you have an open claim for damages with Universal Property and Casualty
Insurance Company with a date of loss of June 4, 2020.
Answer: I believe that claim is settled.
9. Admit that there are no damages to the roof, family room, dining room, bedrooms,
bathrooms and kitchen associated with the claimed loss.
Answer: Denied.
10. Admit that repairs have already been made to the fence of the subject property by the
neighbor associated with this claimed loss.
Answer: Objection, we did not have a damaged fence.
11. Admit that repairs have already been made to the screen enclosure of the subject
property associated with this claimed loss.
Answer: Objection, we did not have damage to the screen enclosure.
12. Admit that the damages are the result of wear and tear, mechanical breakdowns, settling,
thermal expansion/ contraction and faulty, inadequate or defective construction.
Answer: Denied.13. Admit that no repairs have been made regarding this claimed loss.
Answer: Admitted.
14. Admit that you did not replace or repair any part or portion of the roof since your
purchase of the property.
Answer: Admitted.
15. | Admit that you have made roof related repairs to the subject property since September
10, 2017.
Answer: Denied.
16. Admit that you have not provided Omega with proof of repairs performed to the subject
property.
Answer: Admitted
17. Admit that repairs were completed to the subject property as it pertains to damages
related to the subject claim.
Answer: Denied.
18. Admit no repairs have been made to the subject property as it pertains to damages related
to the subject claim.
Answer: Admitted.4
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished via E-mail and/or ePortal this 23" day of March, 2021 to: Michael A. Packer, Esq.
Marshall, Dennehey, Warner Coleman & Goggin, 2400 E. Commercial Blvd., Suite 1100, Fort
Lauderdale, FL 33308: mpacker@mdweg.com dnrobinson@mdweg.com
iiandreacchi@mdweg.com mjgagliardo@mdweg.com rrvalentin@mdweg.com
pleadingsftI@mdweg.com
By: /s/ if
Lynn F. Gambino, Esq.
Florida Bar No: 558524
THE MINEO SALCEDO LAW FIRM, P.A.
Attorneys for Plaintiff
5600 Davie Road
Davie, FL 33314
T: (954) 463-8100
F: (954) 463-8106
Lgambino@mineolaw.com
hannettee@mineolaw.com
Preview
Filing # 123604597 E-Filed 03/23/2021 02:16:16 PM 1 IN THE CIRCUIT COURT OF THE 17™ JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA JEAN HEDGE and ROBERT CASE NO: CACE-20-017607 HEDGE, Plaintiff, vs. OMEGA INSURANCE COMPANY, Defendant. / PLAINTIFF’S RESPONSE TO DEFENDANT’S RE! FOR ADMISSIONS The Plaintiffs, JEAN HEDGE and ROBERT HEDGE, by and through the undersigned counsel and hereby files this Response to Defendant’s Request for Admissions dated February 15, 2021, and in furtherance thereof states: 1. Admit Omega assigned claim number 3300341865 for the alleged date of loss of September 10, 2017 as reflected in the subject lawsuit. Answer: Admitted 2. Admit that the claim was reported to Omega by Advantage PA, Inc. on June 10, 2020. Answer: Admitted 3. Admit that June 10, 2020 is not prompt notice to Omega of the subject claim. Answer: Denied. 4. Admit that a Sworn Statement in Proof of Loss for $156,017.93 was submitted to Omega on September 23, 2020 after the claim was already denied. Answer: Admit that Sworn Proof of Loss was signed and forwarded. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 03/23/2021 02:16:16 PM.****2 5. Admit that the September 23, 2020, submission of the Sworn Proof of Loss exceeds the three year Statute of Limitations for submitting claims/supplemental claims as they relate to Hurricane Irma with a date of loss of September 10, 2017. Answer: Denied. 6. Admit that the alleged damages claimed were not the result of a storm created opening. Answer: Denied. 7. Admit that the alleged damages claimed were not the result of wind. Answer: Denied. 8. Admit that you have an open claim for damages with Universal Property and Casualty Insurance Company with a date of loss of June 4, 2020. Answer: I believe that claim is settled. 9. Admit that there are no damages to the roof, family room, dining room, bedrooms, bathrooms and kitchen associated with the claimed loss. Answer: Denied. 10. Admit that repairs have already been made to the fence of the subject property by the neighbor associated with this claimed loss. Answer: Objection, we did not have a damaged fence. 11. Admit that repairs have already been made to the screen enclosure of the subject property associated with this claimed loss. Answer: Objection, we did not have damage to the screen enclosure. 12. Admit that the damages are the result of wear and tear, mechanical breakdowns, settling, thermal expansion/ contraction and faulty, inadequate or defective construction. Answer: Denied.13. Admit that no repairs have been made regarding this claimed loss. Answer: Admitted. 14. Admit that you did not replace or repair any part or portion of the roof since your purchase of the property. Answer: Admitted. 15. | Admit that you have made roof related repairs to the subject property since September 10, 2017. Answer: Denied. 16. Admit that you have not provided Omega with proof of repairs performed to the subject property. Answer: Admitted 17. Admit that repairs were completed to the subject property as it pertains to damages related to the subject claim. Answer: Denied. 18. Admit no repairs have been made to the subject property as it pertains to damages related to the subject claim. Answer: Admitted.4 CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via E-mail and/or ePortal this 23" day of March, 2021 to: Michael A. Packer, Esq. Marshall, Dennehey, Warner Coleman & Goggin, 2400 E. Commercial Blvd., Suite 1100, Fort Lauderdale, FL 33308: mpacker@mdweg.com dnrobinson@mdweg.com iiandreacchi@mdweg.com mjgagliardo@mdweg.com rrvalentin@mdweg.com pleadingsftI@mdweg.com By: /s/ if Lynn F. Gambino, Esq. Florida Bar No: 558524 THE MINEO SALCEDO LAW FIRM, P.A. Attorneys for Plaintiff 5600 Davie Road Davie, FL 33314 T: (954) 463-8100 F: (954) 463-8106 Lgambino@mineolaw.com hannettee@mineolaw.com