Preview
wes CASE NUMBER: 502021CA005140XXXXMB Div: AD ****
Filing # 125390221 E-Filed 04/22/2021 08:51:55 AM
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND
FOR PALM BEACH COUNTY, FLORIDA
BISCAYNE FRIENDLY, LLC,
Plaintiff,
vs. Case No:
WESTCHESTER SURPLUS LINES
INSURANCE COMPANY,
Defendant.
REQUEST FOR ADMISSIONS
THE PLAINTIFF by and through the undersigned attorney and pursuant to Rule 1.370 of
the Florida Rules of Civil Procedure, hereby requests the Defendant comply with the following
definitions and instructions, and admit the truth of the requests that follow them.
DEFINITION AND INSTRUCTIONS
1 The term “Plaintiff? or “Insured” means BISCAYNE FRIENDLY,
LLCBISCAYNE FRIENDLY, LLC, and _his/her/their agents, employees, independent
contractors, attorneys, and all other persons acting or purporting to act on his/her/their behalf.
2. The term “You” or “Defendant” meansWESTCHESTER SURPLUS LINES
INSURANCE COMPANY WESTCHESTER SURPLUS LINES INSURANCE COMPANY,
and its agents, empioyees, independent contractors, subsidiaries, divisions, parent company,
holding company, directors, officers, attorneys, and all other persons acting or purporting to act
on its behalf.
CHEN. DAIAARCACUAAIINTY Cl INCEDU ARDIIV7ZN FLED AAINDINNN NA-F4-EER AM
Pm. PAL DLA VUUINE TT, FL, JUOL I mDNUeeY, ULUIAN, Uteci2ue 1) UU. tg mit3. The term “Policy” means the policy, number FSF 15286738 001, which Defendant
issued to Insured for the property located at 1001 North State Road 7, Royal Palm Beach, FL
33411 that was in effect on the Date of Loss alleged in Plaintiff's Complaint filed in this action.
4. The term “Insured Building” or “Insured Property” means the insured structure
and/or its contents located at the address described in Plaintiffs Complaint filed in this action.
5. The term “Loss” means the event at issue in which the Insured suffered property
damage, on the Date of Loss alleged in Plaintiff's Complaint.
6. The term “Claim” means the Plaintiff's request, made pursuant to Plaintiffs
insurance Policy, that Defendant pay Plaintiff the amount of damages that Plaintiff sustained as a
result of the Loss.
7. The term “person” means any natural person, individual, proprietorship,
nartnerchin cornoration accociation oraanization igint venture firm other hucinese enternrice
PerUe Ops COLPULaUULy BOGCUMMEOL, OL GUUeaetOnky JO IU) etn) Center OUGKCGS CLEP Lage,
governmental body, group of natural persons or other entity.
8. The term “document” or “documents” means any written, typed, or graphic matter
or other means of preserving thought or expression and all tangible things from which
information can be processed or transcribed, including the originals and all non-identical copies,
whether different from the original by reason of any notation made on such copy or otherwise,
including, but not limited to, correspondence, emails, memoranda, notes, messages, letters,
falamunan talatenn talafnw Lellating weaatinnn aa a flinn nnd
ieiegrains, teletype, te1éfaX, OUNlcliis, Teclings Gi GuieT ComiiUNICAtiGNS, Tmterotice aia
intraoffice telephone calls, diaries, claim diaries, electronic claim notes, chronological data,
minutes, books, reports, studies, summaries, pamphlets, printed matter, charts, ledgers, invoices,
worksheets, receipts, returns, computer printouts, prospectuses, financial statements, schedules,affidavits, contracts, canceled checks, statements, transcripts, statistics, surveys, magazine or
newspaper articles, releases (and all drafts, alterations and modifications, changes and
amendments of any of the foregoing), graphic or natural records or representations of any kind
(including without limitation photographs, photographic negative, microfiche, microfilm,
videotane, recordings, motion pictures, phonograph recordings. transcrints or log of such
recording, projection), electronic, computer, mechanical, or electric records or representations of
any kind (including without limitation tapes, cassettes, discs and records), and binders, cover
notes, certificates, analysis, study memoranda, note lists, diaries, logs, questionnaires, bills,
purchase orders, shipping orders, memorandum of contract, agreements, licenses, permits, orders,
financial data, acknowledgements, computer or data procession cards, computer or data
processing discs, and all other data compilations from which information can be obtained or
translated, reports and/or summaries of investigations, drafts and revisions of drafts of any
documents and original preliminary notes or sketches, no matter how produced or maintained, in
your actual or constructive possession, custody or control, whether prepared, published or
released by you or by any other person. If data is stored on computer or electronic media
(inter-company email, for example), produce hard copies of each such document.”
“Documents” includes all attachments and enclosures.
9. The term “all documents” means every document or group of documents, as
efforts.
10. As used herein, the singular shall include the plural, the plural shall include the
singular, and masculine feminine and neuter shall include each of the other genders.»
11. The connectives “and” and “or” shall be construed either disiunctive or
conjunctively as necessary to bring within the scope of these requests all response that might
otherwise be construed to be outside their scope.
12. The terms “coverage letter(s)’ means the correspondence from You to
policyholder throughout the claim at issue regarding Your position as to coverage for the loss
alleged in the Complaint filed in this action.
13. The terms “relating to” or “in any way related to” means in whole or in part
6. containing. concerning, discussing, commending upon, describing, analvzino.
any ae "D> Seay mney
identifying, stating, pertaining to, referring to, or forming the basis of.
14. “Identify” and “identity” mean:
a. With Tespect to a natural Person, to state the pene name, title at the
UE i QUESTION, ciiployer aia usiness address at the title i question
and the current or last known employer, business address, and home
address;
b. With respect to an organization or entity, to state the full legal name of the
entity and full name by which the organization or entity is commonly
known or does a
ial VW saceant te 2 dann whe Lafa\ af the
G With respect to a doCuiMEH, 1G state the names) aia Uue(S) GI tie
author(s) and/or signatory(ies), addressee(s), and recipient(s) of any
copies; the subject matter or title; the date of the document; the division,
department, or unit of your organization with which the author(s) and/or
addressee(s) are or were affiliated; and its present location and custodian;
and
tn ntata tha
1G Stave uic
persons involved in the communication, and the date and approximate
time of the communication.
15. This request shall be continuing in nature so as to require the filing of
supplemental interrogatory answers to the extent required by Florida law.
4REQUESTS FOR ADMISSIONS
1. Admit that, on April 26, 2020, the Insured had an insurance Policy with
Defendant that was in full force for the Insured Property located at 1001 North State Road 7,
Royal Palm Beach, FL 33411.
2. Admit that the loss described in the Complaint is covered by the Policy.
3. Admit Defendant was promptly notified of the loss prior to the inception of this
lawsuit.
4. Admit Defendant has received an estimate evidencing repairs still needed to the
Property as a result of the loss described in the Complaint.
5. Admit the field adjuster who inspected the Property does not have a general
contractor license.
6 Admit the field adincter wha inenected the Pronerty does not have an enaineerina
6. Admit the feid adjuster wne inspected the Property does not nave an enemeering
license.
7. Admit Defendant did not properly indemnify Plaintiff.
8. Admit that Defendant insured the property in the condition the property existed at
the time of the Policy’s inception.
9. Admit that Plaintiff complied with all post-loss conditions precedent to the filing
of this lawsuit.
10. Adiiiit tat Defeidait is iequired to pay Plaitit’s aticiney’s Tees pursuait to
Florida Statute Section 627.428.
11. | Admit that Defendant assigned claim number KY20K3004815 to the reported
loss.12. Admit that the Plaintiff is the named insured under the insurance policy described
in the Complaint.
13. | Admit that the Defendant is properly named in this lawsuit.
14. | Admit that the premises described in the Complaint are the insured premises
under the insurance policy described in the Complaint.
15. | Admit that the Plaintiff made a claim against the Defendant for insurance
coverage to Plaintiff's Property.
16. Admit that Defendant did not to pay the full amount of the Plaintiffs claim as
described in the Complaint.
17. Admit that the Plaintiff has fully cooperated with the Defendant with all requests
during Defendant’s investigation of the Plaintiffs claim that is the subject of this action.
18 Admit that the Plaintiff hac camnlied urith all nact_lace ahliaatiane ac cet farth in
au PAGHIUL Uae ULC Z AUMIKLL GGG COLLPEICG WAHL C4, POSE AUUS COAGGHOIS US SOL KOPUL Ln
the insurance policy as requested by the Defendant.
19. Admit that Defendant disagrees with the Plaintiff as to the amount of the alleged
loss described in the Complaint.
20. Admit that Defendant did not take a recorded statement of the Plaintiff.
21. Admit that prior to the institution of this lawsuit, Defendant received a written
demand for full payment under the Policy for the subject loss.
”
A Avale that eT
LL. AGiiit Uiat Pi
Cw Anent ADA 0
1, VELA Gid no
ba Ha Ante Af en
16 UE GALE G1 Wi
of Plaintiff, in writing, that Plaintiff submit to an examination under oath for the alleged loss
described in the Complaint.23. Admit that prior to the date of the filing of this lawsuit, Defendant did not request
of Plaintiff, in writing, that Plaintiff send to Defendant, a signed sworn proof of loss for the
alleged loss described in the Complaint.
24. Admit that Defendant had the opportunity to investigate Plaintiffs claim.
25. Admit that Defendant had the opportunity to insnect the Insured Property prior to
issuing the insurance Policy to the Insured.
26. Admit that prior to the date of the filing of this lawsuit, Defendant inspected the
alleged damaged property described in the Complaint.
27. Admit that Defendant inspected the Insured Property prior to the Loss.
28. Admit that Defendant inspected the Insured Property after the Loss.
29. Admit that Defendant drafted the Policy.
an Admit that Nefendant’c claims file notec are kent in the ardinarw corse af
ou FAGHUL Uloe ACaStKuGe 9 CiaLte Le KEOSOS, Spe un uae Oraaary Course Ox
business.
Respectfully Submitted,
/s/ Ashley M. Allison.
ACHT PV AL ATTICNN TON
FAST WY, FAULULy Le
Florida Bar No. 127085
BRETT L. SCHLACTER, ESQ.
Florida Bar No. 98112
SCHLACTER LAW
VINO Wns Aire nnvenen ~ INE
1100 Raiie Concourse, Suite 305
Bay Harbor Islands, Florida 33154
(305) 999-1111 (Telephone)
(305) 440 — 1354 (Facsimile)
E-mail: bls@schlacterlaw.com
aallison@schlacterlaw.com
wo nt
D-mal: micneve@scniacteriaw.comCERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served on
Defendant’s Attorney via E-File list-serve on Thursday, April 22, 2021.
BY: /s/ Brett L. Schlacter
BRETT L. SCHLACTER, ESQ.
Preview
wes CASE NUMBER: 502021CA005140XXXXMB Div: AD **** Filing # 125390221 E-Filed 04/22/2021 08:51:55 AM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA BISCAYNE FRIENDLY, LLC, Plaintiff, vs. Case No: WESTCHESTER SURPLUS LINES INSURANCE COMPANY, Defendant. REQUEST FOR ADMISSIONS THE PLAINTIFF by and through the undersigned attorney and pursuant to Rule 1.370 of the Florida Rules of Civil Procedure, hereby requests the Defendant comply with the following definitions and instructions, and admit the truth of the requests that follow them. DEFINITION AND INSTRUCTIONS 1 The term “Plaintiff? or “Insured” means BISCAYNE FRIENDLY, LLCBISCAYNE FRIENDLY, LLC, and _his/her/their agents, employees, independent contractors, attorneys, and all other persons acting or purporting to act on his/her/their behalf. 2. The term “You” or “Defendant” meansWESTCHESTER SURPLUS LINES INSURANCE COMPANY WESTCHESTER SURPLUS LINES INSURANCE COMPANY, and its agents, empioyees, independent contractors, subsidiaries, divisions, parent company, holding company, directors, officers, attorneys, and all other persons acting or purporting to act on its behalf. CHEN. DAIAARCACUAAIINTY Cl INCEDU ARDIIV7ZN FLED AAINDINNN NA-F4-EER AM Pm. PAL DLA VUUINE TT, FL, JUOL I mDNUeeY, ULUIAN, Uteci2ue 1) UU. tg mit3. The term “Policy” means the policy, number FSF 15286738 001, which Defendant issued to Insured for the property located at 1001 North State Road 7, Royal Palm Beach, FL 33411 that was in effect on the Date of Loss alleged in Plaintiff's Complaint filed in this action. 4. The term “Insured Building” or “Insured Property” means the insured structure and/or its contents located at the address described in Plaintiffs Complaint filed in this action. 5. The term “Loss” means the event at issue in which the Insured suffered property damage, on the Date of Loss alleged in Plaintiff's Complaint. 6. The term “Claim” means the Plaintiff's request, made pursuant to Plaintiffs insurance Policy, that Defendant pay Plaintiff the amount of damages that Plaintiff sustained as a result of the Loss. 7. The term “person” means any natural person, individual, proprietorship, nartnerchin cornoration accociation oraanization igint venture firm other hucinese enternrice PerUe Ops COLPULaUULy BOGCUMMEOL, OL GUUeaetOnky JO IU) etn) Center OUGKCGS CLEP Lage, governmental body, group of natural persons or other entity. 8. The term “document” or “documents” means any written, typed, or graphic matter or other means of preserving thought or expression and all tangible things from which information can be processed or transcribed, including the originals and all non-identical copies, whether different from the original by reason of any notation made on such copy or otherwise, including, but not limited to, correspondence, emails, memoranda, notes, messages, letters, falamunan talatenn talafnw Lellating weaatinnn aa a flinn nnd ieiegrains, teletype, te1éfaX, OUNlcliis, Teclings Gi GuieT ComiiUNICAtiGNS, Tmterotice aia intraoffice telephone calls, diaries, claim diaries, electronic claim notes, chronological data, minutes, books, reports, studies, summaries, pamphlets, printed matter, charts, ledgers, invoices, worksheets, receipts, returns, computer printouts, prospectuses, financial statements, schedules,affidavits, contracts, canceled checks, statements, transcripts, statistics, surveys, magazine or newspaper articles, releases (and all drafts, alterations and modifications, changes and amendments of any of the foregoing), graphic or natural records or representations of any kind (including without limitation photographs, photographic negative, microfiche, microfilm, videotane, recordings, motion pictures, phonograph recordings. transcrints or log of such recording, projection), electronic, computer, mechanical, or electric records or representations of any kind (including without limitation tapes, cassettes, discs and records), and binders, cover notes, certificates, analysis, study memoranda, note lists, diaries, logs, questionnaires, bills, purchase orders, shipping orders, memorandum of contract, agreements, licenses, permits, orders, financial data, acknowledgements, computer or data procession cards, computer or data processing discs, and all other data compilations from which information can be obtained or translated, reports and/or summaries of investigations, drafts and revisions of drafts of any documents and original preliminary notes or sketches, no matter how produced or maintained, in your actual or constructive possession, custody or control, whether prepared, published or released by you or by any other person. If data is stored on computer or electronic media (inter-company email, for example), produce hard copies of each such document.” “Documents” includes all attachments and enclosures. 9. The term “all documents” means every document or group of documents, as efforts. 10. As used herein, the singular shall include the plural, the plural shall include the singular, and masculine feminine and neuter shall include each of the other genders.» 11. The connectives “and” and “or” shall be construed either disiunctive or conjunctively as necessary to bring within the scope of these requests all response that might otherwise be construed to be outside their scope. 12. The terms “coverage letter(s)’ means the correspondence from You to policyholder throughout the claim at issue regarding Your position as to coverage for the loss alleged in the Complaint filed in this action. 13. The terms “relating to” or “in any way related to” means in whole or in part 6. containing. concerning, discussing, commending upon, describing, analvzino. any ae "D> Seay mney identifying, stating, pertaining to, referring to, or forming the basis of. 14. “Identify” and “identity” mean: a. With Tespect to a natural Person, to state the pene name, title at the UE i QUESTION, ciiployer aia usiness address at the title i question and the current or last known employer, business address, and home address; b. With respect to an organization or entity, to state the full legal name of the entity and full name by which the organization or entity is commonly known or does a ial VW saceant te 2 dann whe Lafa\ af the G With respect to a doCuiMEH, 1G state the names) aia Uue(S) GI tie author(s) and/or signatory(ies), addressee(s), and recipient(s) of any copies; the subject matter or title; the date of the document; the division, department, or unit of your organization with which the author(s) and/or addressee(s) are or were affiliated; and its present location and custodian; and tn ntata tha 1G Stave uic persons involved in the communication, and the date and approximate time of the communication. 15. This request shall be continuing in nature so as to require the filing of supplemental interrogatory answers to the extent required by Florida law. 4REQUESTS FOR ADMISSIONS 1. Admit that, on April 26, 2020, the Insured had an insurance Policy with Defendant that was in full force for the Insured Property located at 1001 North State Road 7, Royal Palm Beach, FL 33411. 2. Admit that the loss described in the Complaint is covered by the Policy. 3. Admit Defendant was promptly notified of the loss prior to the inception of this lawsuit. 4. Admit Defendant has received an estimate evidencing repairs still needed to the Property as a result of the loss described in the Complaint. 5. Admit the field adjuster who inspected the Property does not have a general contractor license. 6 Admit the field adincter wha inenected the Pronerty does not have an enaineerina 6. Admit the feid adjuster wne inspected the Property does not nave an enemeering license. 7. Admit Defendant did not properly indemnify Plaintiff. 8. Admit that Defendant insured the property in the condition the property existed at the time of the Policy’s inception. 9. Admit that Plaintiff complied with all post-loss conditions precedent to the filing of this lawsuit. 10. Adiiiit tat Defeidait is iequired to pay Plaitit’s aticiney’s Tees pursuait to Florida Statute Section 627.428. 11. | Admit that Defendant assigned claim number KY20K3004815 to the reported loss.12. Admit that the Plaintiff is the named insured under the insurance policy described in the Complaint. 13. | Admit that the Defendant is properly named in this lawsuit. 14. | Admit that the premises described in the Complaint are the insured premises under the insurance policy described in the Complaint. 15. | Admit that the Plaintiff made a claim against the Defendant for insurance coverage to Plaintiff's Property. 16. Admit that Defendant did not to pay the full amount of the Plaintiffs claim as described in the Complaint. 17. Admit that the Plaintiff has fully cooperated with the Defendant with all requests during Defendant’s investigation of the Plaintiffs claim that is the subject of this action. 18 Admit that the Plaintiff hac camnlied urith all nact_lace ahliaatiane ac cet farth in au PAGHIUL Uae ULC Z AUMIKLL GGG COLLPEICG WAHL C4, POSE AUUS COAGGHOIS US SOL KOPUL Ln the insurance policy as requested by the Defendant. 19. Admit that Defendant disagrees with the Plaintiff as to the amount of the alleged loss described in the Complaint. 20. Admit that Defendant did not take a recorded statement of the Plaintiff. 21. Admit that prior to the institution of this lawsuit, Defendant received a written demand for full payment under the Policy for the subject loss. ” A Avale that eT LL. AGiiit Uiat Pi Cw Anent ADA 0 1, VELA Gid no ba Ha Ante Af en 16 UE GALE G1 Wi of Plaintiff, in writing, that Plaintiff submit to an examination under oath for the alleged loss described in the Complaint.23. Admit that prior to the date of the filing of this lawsuit, Defendant did not request of Plaintiff, in writing, that Plaintiff send to Defendant, a signed sworn proof of loss for the alleged loss described in the Complaint. 24. Admit that Defendant had the opportunity to investigate Plaintiffs claim. 25. Admit that Defendant had the opportunity to insnect the Insured Property prior to issuing the insurance Policy to the Insured. 26. Admit that prior to the date of the filing of this lawsuit, Defendant inspected the alleged damaged property described in the Complaint. 27. Admit that Defendant inspected the Insured Property prior to the Loss. 28. Admit that Defendant inspected the Insured Property after the Loss. 29. Admit that Defendant drafted the Policy. an Admit that Nefendant’c claims file notec are kent in the ardinarw corse af ou FAGHUL Uloe ACaStKuGe 9 CiaLte Le KEOSOS, Spe un uae Oraaary Course Ox business. Respectfully Submitted, /s/ Ashley M. Allison. ACHT PV AL ATTICNN TON FAST WY, FAULULy Le Florida Bar No. 127085 BRETT L. SCHLACTER, ESQ. Florida Bar No. 98112 SCHLACTER LAW VINO Wns Aire nnvenen ~ INE 1100 Raiie Concourse, Suite 305 Bay Harbor Islands, Florida 33154 (305) 999-1111 (Telephone) (305) 440 — 1354 (Facsimile) E-mail: bls@schlacterlaw.com aallison@schlacterlaw.com wo nt D-mal: micneve@scniacteriaw.comCERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served on Defendant’s Attorney via E-File list-serve on Thursday, April 22, 2021. BY: /s/ Brett L. Schlacter BRETT L. SCHLACTER, ESQ.