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Filing # 127516171 E-Filed 05/25/2021 04:15:53 PM
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO.: CACE-21-007884
DIV. 09
JOANNE JARDON,
Vv.
Plaintiff,
AUTO CLUB INSURANCE COMPANY OF
FLORIDA,
Defendant.
/
DEFENDANT’S ANSWER AND AFFIRMATIVE DEFENSES
COMES NOW Defendant, AUTO CLUB INSURANCE COMPANY OF FLORIDA,
by and through its undersigned counsel, files its Answer and Affirmative Defenses to the
Complaint. For purposes of this Answer, all allegations not specifically admitted are
deemed denied.
1.
Admitted for jurisdictional purposes only; otherwise, denied.
. Without knowledge; therefore, denied.
. Without knowledge; therefore, denied.
. Admitted.
. Admitted only that Defendant issued Policy No.: FHP0059280 to the insured,
Joanne Jardon, for the policy period from February 15, 2020, through February 15,
2021, and which remains subject to the terms, limitations, exclusions, and
conditions listed therein, and which provided certain coverages to the property
Page 1
COLE, SCOTT & KISSANE, P.A.
LAKESIDE OFFICE CENTER, SUITE 500 - 600 NORTH PINE ISLAND ROAD - PLANTATION, FLORIDA 33324 (954) 473-1112 (954) 474-7979 FAX
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/25/2021 04:15:52 PM.****CASE NO.: CACE-21-007884
Div. 09
located at 14212 NW 23" Street, Pembroke Pines, Florida 33028; otherwise,
denied.
6. Admitted only that Defendant issued Policy No.: FHP0059280 to the insured,
Joanne Jardon, for the policy period from February 15, 2020, through February 15,
2021, and which remains subject to the terms, limitations, exclusions, and
conditions listed therein, and which provided certain coverages to the property
located at 14212 NW 23” Street, Pembroke Pines, Florida 33028; otherwise,
denied.
7. Admitted only that Defendant issued Policy No.: FHP0059280 to the insured,
Joanne Jardon, for the policy period from February 15, 2020, through February 15,
2021, and which remains subject to the terms, limitations, exclusions, and
conditions listed therein, and which provided certain coverages to the property
located at 14212 NW 23% Street, Pembroke Pines, Florida 33028; otherwise,
denied.
8. Denied as phrased.
COUNT | - BREACH OF CONTRACT
Defendant realleges paragraphs 1 through 8 as if fully set forth herein.
9. Admitted.
10. Admitted.
11.Admitted only to the extent that the notice conformed to the terms of the subject
policy; otherwise, denied.
12.Denied as phrased.
Page 2
COLE, SCOTT & KISSANE, P.A.
LAKESIDE OFFICE CENTER, SUITE 500 - 600 NORTH PINE ISLAND ROAD - PLANTATION, FLORIDA 33324 (954) 473-1112 (954) 474-7979 FAXCASE NO.: CACE-21-007884
DIV. 09
13.Admitted only that the Plaintiff has been fully indemnified under the terms of the
subject policy; otherwise, denied.
14. Denied.
15. Denied.
16. Denied.
17. Denied.
18.Admitted to the extent it conforms with Florida Statutes § 627.428; otherwise,
denied.
WHEREFORE, Defendant demands judgment in its favor and for this Honorable
Court to deny Plaintiff actual and compensatory damages, pre-judgment interest, costs
of this action, attorney’s fees, and such other further relief as this Court may deem
appropriate.
AFFIRMATIVE DEFENSES
FIRST AFFIRMATIVE DEFENSE
Plaintiffs claim is barred and/or limited to the extent that the alleged loss and/or
damage was the result of wear and tear, mechanical breakdown, or age-related
deterioration, which are not covered under the subject policy. In support, Defendant refers
to the policy, which states:
SECTION I- HOMEOWNERS COVERAGES
WHAT LOSSES ARE NOT COVERED - PART |
2. We do not cover any loss to property insured under
COVERAGES A or B that is caused by, resulting from,
contributed to by, or consisting of:
e. Any of the following:
Page 3
COLE, SCOTT & KISSANE, P.A.
LAKESIDE OFFICE CENTER, SUITE 500 - 600 NORTH PINE ISLAND ROAD - PLANTATION, FLORIDA 33324 (954) 473-1112 (954) 474-7979 FAXCASE NO.: CACE-21-007884
Div. 09
(1) Wear and tear, marring,
deterioration;
SECOND AFFIRMATIVE DEFENSE
Plaintiffs claim is barred and/or limited to the extent that the alleged loss and/or
damage was the result of faulty or inadequate workmanship, materials, or maintenance,
which are excluded under the subject policy. In support, Defendant refers to the policy,
which states:
SECTION I- HOMEOWNERS COVERAGES
WHAT LOSSES ARE NOT COVERED - PART I
3. We do not cover any loss to property insured under
COVERAGES A or B in which any of the events listed below
cause or aggravate or contribute concurrently or in any
sequence to a loss excluded under 1. or 2. above:
c. FAULTY, DEFECTIVE OR INADEQUATE:
(3) design; specifications; construction; renovation;
remodeling; repair; grading; compaction; or workmanship;
(4) materials, parts, or equipment used in construction;
renovation; remodeling; repair; grading; or compaction;
(5) maintenance;
of part or all of any property whether on or off the residence
premises...
THIRD AFFIRMATIVE DEFENSE
Plaintiffs claim is barred and/or limited to the extent that the alleged loss and/or
damage was the result of neglect, which is not covered under the subject policy. In
support, Defendant refers to the policy, which states:
SECTION I - HOMEOWNERS COVERAGES
WHAT LOSSES ARE NOT COVERED - PART I
Page 4
COLE, SCOTT & KISSANE, P.A.
LAKESIDE OFFICE CENTER, SUITE 500 - 600 NORTH PINE ISLAND ROAD - PLANTATION, FLORIDA 33324 (954) 473-1112 (954) 474-7979 FAXCASE NO.: CACE-21-007884
Div. 09
1. We do not cover any loss to property insured under
COVERAGES A, B or C that is caused by, resulting from,
contributed to by, or consisting of:
d. NEGLECT, meaning neglect of the insured to take all
reasonable steps to save and preserve property at and after
the time of a loss, or when the property is endangered by a
cause of loss we cover.
FOURTH AFFIRMATIVE DEFENSE
Plaintiff's claim is limited to the extent of coverage provided under the terms of the
subject policy's Limited Fungi, Mold, Wet or Dry Rot, or Bacteria Coverage provision.
FIFTH AFFIRMATIVE DEFENSE
Plaintiff's claim is barred and/or limited to the extent that Defendant is entitled to
credit and/or set off in the amount of the Policy deductible and/or any prior payments.
GENERAL DENIAL
All allegations not specifically admitted herein, including the un-enumerated
“WHEREFORE?” clause, are denied and Defendant demands strict proof thereof.
RESERVATION OF RIGHTS
Defendant reserves the right to amend and/or assert additional defenses upon
further particularization of Plaintiff's claims and/or further discovery concerning the nature
of Plaintiff's claims.
[CERTIFICATE OF SERVICE ON FOLLOWING PAGE]
Page 5
COLE, SCOTT & KISSANE, P.A.
LAKESIDE OFFICE CENTER, SUITE 500 - 600 NORTH PINE ISLAND ROAD - PLANTATION, FLORIDA 33324 (954) 473-1112 (954) 474-7979 FAXCASE NO.: CACE-21-007884
Div. 09
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that on this 25th day of May, 2021, a true and correct copy
of the foregoing was filed with the Clerk of Broward 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: Randolph H. Strauss, Esq., Randolph H.
Strauss, P.A., Legal@FlaLaws.com, Randolph H. Strauss, P.A., 4301 NE Terr., Suite 1,
Ft Lauderdale, FL 33334, (954) 566-5297/(954) 563-1559 (F), Attorney for Plaintiff,
Joanne Jardon.
COLE, SCOTT & KISSANE, P.A.
Counsel for Defendant AUTO CLUB
INSURANCE COMPANY OF FLORIDA
Lakeside Office Center, Suite 500
600 North Pine Island Road
Plantation, Florida 33324
Telephone (954) 703-3706
Facsimile (954) 474-7979
Primary e-mail: jose.campos@csklegal.com
Secondary e-mail:
tyan.weissmark@csklegal.com
Alternate e-mail:
christy.christopher@csklegal.com
By: _s/ Ryan Weissmark
JOSE F. CAMPOS
Florida Bar No.: 110733
RYAN WEISSMARK
Florida Bar No.: 1024747
0374.0201-00
Page 6
COLE, SCOTT & KISSANE, P.A.
LAKESIDE OFFICE CENTER, SUITE 500 - 600 NORTH PINE ISLAND ROAD - PLANTATION, FLORIDA 33324 (954) 473-1112 (954) 474-7979 FAX
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Filing # 127516171 E-Filed 05/25/2021 04:15:53 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: CACE-21-007884 DIV. 09 JOANNE JARDON, Vv. Plaintiff, AUTO CLUB INSURANCE COMPANY OF FLORIDA, Defendant. / DEFENDANT’S ANSWER AND AFFIRMATIVE DEFENSES COMES NOW Defendant, AUTO CLUB INSURANCE COMPANY OF FLORIDA, by and through its undersigned counsel, files its Answer and Affirmative Defenses to the Complaint. For purposes of this Answer, all allegations not specifically admitted are deemed denied. 1. Admitted for jurisdictional purposes only; otherwise, denied. . Without knowledge; therefore, denied. . Without knowledge; therefore, denied. . Admitted. . Admitted only that Defendant issued Policy No.: FHP0059280 to the insured, Joanne Jardon, for the policy period from February 15, 2020, through February 15, 2021, and which remains subject to the terms, limitations, exclusions, and conditions listed therein, and which provided certain coverages to the property Page 1 COLE, SCOTT & KISSANE, P.A. LAKESIDE OFFICE CENTER, SUITE 500 - 600 NORTH PINE ISLAND ROAD - PLANTATION, FLORIDA 33324 (954) 473-1112 (954) 474-7979 FAX *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/25/2021 04:15:52 PM.****CASE NO.: CACE-21-007884 Div. 09 located at 14212 NW 23" Street, Pembroke Pines, Florida 33028; otherwise, denied. 6. Admitted only that Defendant issued Policy No.: FHP0059280 to the insured, Joanne Jardon, for the policy period from February 15, 2020, through February 15, 2021, and which remains subject to the terms, limitations, exclusions, and conditions listed therein, and which provided certain coverages to the property located at 14212 NW 23” Street, Pembroke Pines, Florida 33028; otherwise, denied. 7. Admitted only that Defendant issued Policy No.: FHP0059280 to the insured, Joanne Jardon, for the policy period from February 15, 2020, through February 15, 2021, and which remains subject to the terms, limitations, exclusions, and conditions listed therein, and which provided certain coverages to the property located at 14212 NW 23% Street, Pembroke Pines, Florida 33028; otherwise, denied. 8. Denied as phrased. COUNT | - BREACH OF CONTRACT Defendant realleges paragraphs 1 through 8 as if fully set forth herein. 9. Admitted. 10. Admitted. 11.Admitted only to the extent that the notice conformed to the terms of the subject policy; otherwise, denied. 12.Denied as phrased. Page 2 COLE, SCOTT & KISSANE, P.A. LAKESIDE OFFICE CENTER, SUITE 500 - 600 NORTH PINE ISLAND ROAD - PLANTATION, FLORIDA 33324 (954) 473-1112 (954) 474-7979 FAXCASE NO.: CACE-21-007884 DIV. 09 13.Admitted only that the Plaintiff has been fully indemnified under the terms of the subject policy; otherwise, denied. 14. Denied. 15. Denied. 16. Denied. 17. Denied. 18.Admitted to the extent it conforms with Florida Statutes § 627.428; otherwise, denied. WHEREFORE, Defendant demands judgment in its favor and for this Honorable Court to deny Plaintiff actual and compensatory damages, pre-judgment interest, costs of this action, attorney’s fees, and such other further relief as this Court may deem appropriate. AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE Plaintiffs claim is barred and/or limited to the extent that the alleged loss and/or damage was the result of wear and tear, mechanical breakdown, or age-related deterioration, which are not covered under the subject policy. In support, Defendant refers to the policy, which states: SECTION I- HOMEOWNERS COVERAGES WHAT LOSSES ARE NOT COVERED - PART | 2. We do not cover any loss to property insured under COVERAGES A or B that is caused by, resulting from, contributed to by, or consisting of: e. Any of the following: Page 3 COLE, SCOTT & KISSANE, P.A. LAKESIDE OFFICE CENTER, SUITE 500 - 600 NORTH PINE ISLAND ROAD - PLANTATION, FLORIDA 33324 (954) 473-1112 (954) 474-7979 FAXCASE NO.: CACE-21-007884 Div. 09 (1) Wear and tear, marring, deterioration; SECOND AFFIRMATIVE DEFENSE Plaintiffs claim is barred and/or limited to the extent that the alleged loss and/or damage was the result of faulty or inadequate workmanship, materials, or maintenance, which are excluded under the subject policy. In support, Defendant refers to the policy, which states: SECTION I- HOMEOWNERS COVERAGES WHAT LOSSES ARE NOT COVERED - PART I 3. We do not cover any loss to property insured under COVERAGES A or B in which any of the events listed below cause or aggravate or contribute concurrently or in any sequence to a loss excluded under 1. or 2. above: c. FAULTY, DEFECTIVE OR INADEQUATE: (3) design; specifications; construction; renovation; remodeling; repair; grading; compaction; or workmanship; (4) materials, parts, or equipment used in construction; renovation; remodeling; repair; grading; or compaction; (5) maintenance; of part or all of any property whether on or off the residence premises... THIRD AFFIRMATIVE DEFENSE Plaintiffs claim is barred and/or limited to the extent that the alleged loss and/or damage was the result of neglect, which is not covered under the subject policy. In support, Defendant refers to the policy, which states: SECTION I - HOMEOWNERS COVERAGES WHAT LOSSES ARE NOT COVERED - PART I Page 4 COLE, SCOTT & KISSANE, P.A. LAKESIDE OFFICE CENTER, SUITE 500 - 600 NORTH PINE ISLAND ROAD - PLANTATION, FLORIDA 33324 (954) 473-1112 (954) 474-7979 FAXCASE NO.: CACE-21-007884 Div. 09 1. We do not cover any loss to property insured under COVERAGES A, B or C that is caused by, resulting from, contributed to by, or consisting of: d. NEGLECT, meaning neglect of the insured to take all reasonable steps to save and preserve property at and after the time of a loss, or when the property is endangered by a cause of loss we cover. FOURTH AFFIRMATIVE DEFENSE Plaintiff's claim is limited to the extent of coverage provided under the terms of the subject policy's Limited Fungi, Mold, Wet or Dry Rot, or Bacteria Coverage provision. FIFTH AFFIRMATIVE DEFENSE Plaintiff's claim is barred and/or limited to the extent that Defendant is entitled to credit and/or set off in the amount of the Policy deductible and/or any prior payments. GENERAL DENIAL All allegations not specifically admitted herein, including the un-enumerated “WHEREFORE?” clause, are denied and Defendant demands strict proof thereof. RESERVATION OF RIGHTS Defendant reserves the right to amend and/or assert additional defenses upon further particularization of Plaintiff's claims and/or further discovery concerning the nature of Plaintiff's claims. [CERTIFICATE OF SERVICE ON FOLLOWING PAGE] Page 5 COLE, SCOTT & KISSANE, P.A. LAKESIDE OFFICE CENTER, SUITE 500 - 600 NORTH PINE ISLAND ROAD - PLANTATION, FLORIDA 33324 (954) 473-1112 (954) 474-7979 FAXCASE NO.: CACE-21-007884 Div. 09 CERTIFICATE OF SERVICE | HEREBY CERTIFY that on this 25th day of May, 2021, a true and correct copy of the foregoing was filed with the Clerk of Broward 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: Randolph H. Strauss, Esq., Randolph H. Strauss, P.A., Legal@FlaLaws.com, Randolph H. Strauss, P.A., 4301 NE Terr., Suite 1, Ft Lauderdale, FL 33334, (954) 566-5297/(954) 563-1559 (F), Attorney for Plaintiff, Joanne Jardon. COLE, SCOTT & KISSANE, P.A. Counsel for Defendant AUTO CLUB INSURANCE COMPANY OF FLORIDA Lakeside Office Center, Suite 500 600 North Pine Island Road Plantation, Florida 33324 Telephone (954) 703-3706 Facsimile (954) 474-7979 Primary e-mail: jose.campos@csklegal.com Secondary e-mail: tyan.weissmark@csklegal.com Alternate e-mail: christy.christopher@csklegal.com By: _s/ Ryan Weissmark JOSE F. CAMPOS Florida Bar No.: 110733 RYAN WEISSMARK Florida Bar No.: 1024747 0374.0201-00 Page 6 COLE, SCOTT & KISSANE, P.A. LAKESIDE OFFICE CENTER, SUITE 500 - 600 NORTH PINE ISLAND ROAD - PLANTATION, FLORIDA 33324 (954) 473-1112 (954) 474-7979 FAX