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Filing # 131747621 E-Filed 07/30/2021 01:19:00 PM
IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO: 2020-CA-017316
ELLEN ARENBERG AND SCOTT
ARENBERG,
Plaintiff.
VS.
AUTO CLUB INSURANCE COMPANY OF
FLORIDA,
Defendant.
i
DEFENDANT'S RESPONSE TO PLAINTIFFS' FIRST REQUEST FOR ADMISSIONS
Defendant, AUTO CLUB INSURANCE COMPANY OF FLORIDA ('r..'AUTO CLUB" or
"Defendant"), by and through its undersigned counsel and pursuant to Florida Rules of Civil
Procedure, hereby files its Responses and Objections to Plaintiffs' First Request for Admissions
and states as follows:
PLAINTIFFS' FIRST REQUEST FOR ADMISSIONS
1. That Defendant issued PolicyNo. FHP0062738to Plaintiffs.
Answer: Defendant admits only that it issued a homeowner's policy of insurance to
Ellen Arenberg and Scott Arenberg bearing policy number FHP0062738 for the
subject property located at 412 Mallard Road, Fort Lauderdale, Florida 33327 with
an effective policy period of December 12, 2016 to December 12, 2017, which was at
all times subject to the express terms, conditions, limitations, and exclusions
contained therein. As to remainder, denied.
2. That on or about September 10, 2017, while the policy was in full force and effect,
Plaintiffs were the owners of the propertylocated at 412 MallardRoad, Weston, Florida 33327.
Answer: Defendant is without sufficient information to admit or deny this Request,
therefore, denied.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 07/30/2021 01:18:59 PM.****
3. That the policy issued under Policy No. FHP0062738 provides insurance coverage against
a loss occurring on the Plaintiffs' property.
Answer: Defendant admits only that it issued a homeowner's policy of insurance to
Ellen Arenberg and Scott Arenberg bearing policy number FHP0062738 for the
subject property located at 412 Mallard Road, Fort Lauderdale, Florida 33327 with
an effective policy period of December 12, 2016 to December 12, 2017, which was at
all times subject to the express terms, conditions, limitations, and exclusions
contained therein. As to remainder, denied.
4. That the policy issued under Policy No. FHP0062738was in full force and effect on the date of
loss.
Answer: Defendant admits only that it issued a homeowner's policy of insurance to
Ellen Arenberg and Scott Arenberg bearing policy number FHP0062738 for the
subject property located at 412 Mallard Road, Fort Lauderdale, Florida 33327 with
an effective policy period of December 12, 2016 to December 12, 2017, which was at
all times subject to the express terms, conditions, limitations, and exclusions
contained therein. As to remainder, denied.
5. That all premiums required for the purchase ofthe Policy were paid.
Answer: Admitted.
6. That Defendant failed to provide a true copy ofthe full insurance policy prior to the date of
loss.
Answer: Denied as phrased.
7. That Defendant has waived the post loss requirementsin the Policy.
Answer: Denied.
8. That Plaintiffs made a claim for the loss at the insured property under Policy No.
FHP0062738.
Answer: Admitted only that Plaintiffs reported a claim and that the investigation of
the claim was assigned claim number CLM00552130. As to remainder, denied.
9. That all ofthe Defendant's representatives who adjusted the Plaintiffs' claim were agents of
the Defendant and acted within the scope and course oftheir agency.
Answer: Objection, this request is premature and irrelevant, as it relates to claims
handling and potential bad faith allegationswhich is not part of the breach of contract
action.
10. That Defendant arranged for the claim to be adjusted by sending an adjuster to inspect and
estimate the damages to the Plaintiffs'property.
Answer: Defendant admits only that it conducted an investigation into the claim
reported by Plaintiffs and assigned claim number CLM00552130 and, as part of that
investigation, Defendant engaged the services of an independent field adjuster to
inspect the property. As to remainder, denied.
11. That Defendant did not pay the full amount of the loss prior to the suit being filed.
Answer: Defendant admits only that no payment was issued under claim number
CLM00552130. As to remainder, denied.
12. That Plaintiffs gave timelynotice to Defendant of the loss.
Answer: Denied.
13. That Defendant disagrees as to the amount of Plaintiffs' estimate of damages to the
insured property.
Answer: Admitted.
14. That Defendant rejected the amount of Plaintiffs' estimate of damages to the insured
property.
Answer: Denied as phrased.
15. That Plaintiffs satisfied all conditions precedent to recover the damages sought in this
action.
Answer: Denied.
16. That Plaintiffs have satisfied all policy obligations to be entitled to recover under Policy No.
FHP0062738.
Answer: Denied.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy ofthe foregoing was served by e-mail
via the Florida Courts E-filing Portal system on July 30, 2021, Jesse N. Bernheim Bergheim
,
Kelley,
Battista
&
Bliss,
PO
Box
290787,
Fort
Lauderdale, FL
33329-0787:
.
BRESSLER, AMERY & Ross, P.C.
Counsel for Defendant
200 East Las Olas Boulevard
Suite 1500
Fort Lauderdale,Florida 33301
T: 954.499.7979
F: 954.499.7969
E-Mail:
lberns@bressler.com
By: /s/
Linda M. Berns
LINDA M. BERNS
Florida Bar No. : 105742
HOPE C. ZELINGER
Florida Bar No.. 92173
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Filing # 131747621 E-Filed 07/30/2021 01:19:00 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO: 2020-CA-017316 ELLEN ARENBERG AND SCOTT ARENBERG, Plaintiff. VS. AUTO CLUB INSURANCE COMPANY OF FLORIDA, Defendant. i DEFENDANT'S RESPONSE TO PLAINTIFFS' FIRST REQUEST FOR ADMISSIONS Defendant, AUTO CLUB INSURANCE COMPANY OF FLORIDA ('r..'AUTO CLUB" or "Defendant"), by and through its undersigned counsel and pursuant to Florida Rules of Civil Procedure, hereby files its Responses and Objections to Plaintiffs' First Request for Admissions and states as follows: PLAINTIFFS' FIRST REQUEST FOR ADMISSIONS 1. That Defendant issued PolicyNo. FHP0062738to Plaintiffs. Answer: Defendant admits only that it issued a homeowner's policy of insurance to Ellen Arenberg and Scott Arenberg bearing policy number FHP0062738 for the subject property located at 412 Mallard Road, Fort Lauderdale, Florida 33327 with an effective policy period of December 12, 2016 to December 12, 2017, which was at all times subject to the express terms, conditions, limitations, and exclusions contained therein. As to remainder, denied. 2. That on or about September 10, 2017, while the policy was in full force and effect, Plaintiffs were the owners of the propertylocated at 412 MallardRoad, Weston, Florida 33327. Answer: Defendant is without sufficient information to admit or deny this Request, therefore, denied. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 07/30/2021 01:18:59 PM.**** 3. That the policy issued under Policy No. FHP0062738 provides insurance coverage against a loss occurring on the Plaintiffs' property. Answer: Defendant admits only that it issued a homeowner's policy of insurance to Ellen Arenberg and Scott Arenberg bearing policy number FHP0062738 for the subject property located at 412 Mallard Road, Fort Lauderdale, Florida 33327 with an effective policy period of December 12, 2016 to December 12, 2017, which was at all times subject to the express terms, conditions, limitations, and exclusions contained therein. As to remainder, denied. 4. That the policy issued under Policy No. FHP0062738was in full force and effect on the date of loss. Answer: Defendant admits only that it issued a homeowner's policy of insurance to Ellen Arenberg and Scott Arenberg bearing policy number FHP0062738 for the subject property located at 412 Mallard Road, Fort Lauderdale, Florida 33327 with an effective policy period of December 12, 2016 to December 12, 2017, which was at all times subject to the express terms, conditions, limitations, and exclusions contained therein. As to remainder, denied. 5. That all premiums required for the purchase ofthe Policy were paid. Answer: Admitted. 6. That Defendant failed to provide a true copy ofthe full insurance policy prior to the date of loss. Answer: Denied as phrased. 7. That Defendant has waived the post loss requirementsin the Policy. Answer: Denied. 8. That Plaintiffs made a claim for the loss at the insured property under Policy No. FHP0062738. Answer: Admitted only that Plaintiffs reported a claim and that the investigation of the claim was assigned claim number CLM00552130. As to remainder, denied. 9. That all ofthe Defendant's representatives who adjusted the Plaintiffs' claim were agents of the Defendant and acted within the scope and course oftheir agency. Answer: Objection, this request is premature and irrelevant, as it relates to claims handling and potential bad faith allegationswhich is not part of the breach of contract action. 10. That Defendant arranged for the claim to be adjusted by sending an adjuster to inspect and estimate the damages to the Plaintiffs'property. Answer: Defendant admits only that it conducted an investigation into the claim reported by Plaintiffs and assigned claim number CLM00552130 and, as part of that investigation, Defendant engaged the services of an independent field adjuster to inspect the property. As to remainder, denied. 11. That Defendant did not pay the full amount of the loss prior to the suit being filed. Answer: Defendant admits only that no payment was issued under claim number CLM00552130. As to remainder, denied. 12. That Plaintiffs gave timelynotice to Defendant of the loss. Answer: Denied. 13. That Defendant disagrees as to the amount of Plaintiffs' estimate of damages to the insured property. Answer: Admitted. 14. That Defendant rejected the amount of Plaintiffs' estimate of damages to the insured property. Answer: Denied as phrased. 15. That Plaintiffs satisfied all conditions precedent to recover the damages sought in this action. Answer: Denied. 16. That Plaintiffs have satisfied all policy obligations to be entitled to recover under Policy No. FHP0062738. Answer: Denied. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy ofthe foregoing was served by e-mail via the Florida Courts E-filing Portal system on July 30, 2021, Jesse N. Bernheim Bergheim , Kelley, Battista & Bliss, PO Box 290787, Fort Lauderdale, FL 33329-0787: . BRESSLER, AMERY & Ross, P.C. Counsel for Defendant 200 East Las Olas Boulevard Suite 1500 Fort Lauderdale,Florida 33301 T: 954.499.7979 F: 954.499.7969 E-Mail: lberns@bressler.com By: /s/ Linda M. Berns LINDA M. BERNS Florida Bar No. : 105742 HOPE C. ZELINGER Florida Bar No.. 92173