Preview
Filing# 147724916 E-Filed 04/14/2022 03:03:50 PM
IN THE CIRCUIT COURT OF THE ,TH
17
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
PETER AND MONICA TREPPEDA, CASE NO.: CACE-21-007431
Plaintiffs,
VS.
UNIVERSAL PROPERTY & CASUALTY
INSURANCE COMPANY,
Defendant.
i
DEFENDANT'S REQUEST FOR ADMISSIONS TO PLAINTIFFS
Defendant UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY
("Universal"),through counsel and pursuant to Rule 1.370 ofthe Florida Rules of Civil Procedure,
propounds this Request for Admissions upon Plaintiffs. Plaintiffs are to respond in writingto this
Request for Admissions within thirty(30)days from the date of service.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK1
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 04/14/2022 03:03:50 PM.****
TREPPEDA et. al. v. UPCIC
CASE NO.: CACE-21-007431 Defendant's
Defendants First Request for Admission to Plaintiffs
Page 2 of 9
DEFINITIONS
1. "Calendar Year" means that period of time that begins at 12:01 a.m. on January 1
of any given year and ends at 11.59 pm. on December 31 ofthat year.
2. "Claim" means the insurance claim (as defined herein)reportedto
that Plaintiffs
Defendant (as defined herein)and that serves as a basis for any causes of action asserted
againstDefendant in this action.
3. "Claimed Cause of Loss" means the event and/or reason that You (as defined
herein)are claimingthat the Insured Property (asdefined herein)was damaged.
4. "Concerning", "concern," or any other derivative thereof as used herein, shall be
construed as referringto, responding to, relatingto, pertaining to, connected with,
comprising, memorializing, commenting on, substantiating, regarding, discussing,
showing, describing,
reflecting,
analyzing, and constituting.
5. "Control" means having possessionof and/or the power and/or authority to request
possession of the subjectmatter or a copy thereof, or direct the possession,movement,
transfer or other dispositionofthe subjectproperty or document.
6. "Date" means the exact date (includingday, month, and year).If the exact day,
month, and year is not ascertainable,then the best available approximation of the exact
day, month, and year.
7. "Defendant" means Universal Property & Casualty Insurance Company.
8. "Document" or "documents" means anythingwhich may be considered to be a
document or tangible thingwithin the meaning of Fla. R. Civ. P. 1.350 and means any and all
correspondence, records, reports, memoranda, notes, letters, telegrams,emails,voicemails,
telexes,texts, messages (including, but not limited to, memos, notes and/or reports of
telephoneconversations and conferences), studies,analyses, books, magazines,newspapers,
publications, booklets, pamphlets, circulars,bulletins,instructions,minutes, or other
communications (including, but not limited to, interoffice and intra-office communications),
questionnaires,surveys, contracts, memoranda ofagreements,assignments, books ofaccount,
journals,ledgers,summaries, opinions,reports, evaluations,financial statements and all
records of or reflecting
business operations,
mortgages, evaluations,orders,working papers,
load sheets,warehouse rece*ts,letters of credit,insurance
of lading,sh*ping lists,
bills
records
policies, of summaries of personal interviews or conversations,appointment
calendars,diaries,
schedules,printouts,
drawings,specifications,
patents, patent applications,
TREPPEDA et. al. v. UPCIC
CASE NO.: CACE-21-007431 Defendant's
Defendants First Request for Admission to Plaintiffs
Page 3 of 9
of registration,
certificates for registration,
applications graphs, charts,studies,planning
materials, statements
statistical and compilations,forecasts, work papers, invoices,
statements, bills,checks, bank books, bank statements, forms, vouchers, notebooks, data
sheets,microfilm, microfiche,
photographicnegatives,audio tape, video tape, compact disks,blueprints, architectural
specifications,
diagrams, schematics, logic diagrams, timing diagrams, pictures,photographs,microscopically
obtained photographs,test results,belts,tapes, magnetic tapes, paper tapes, plotteroutput recordings,
discs,data cards,films, data processingfiles, computer files and other computer readable records or
programs and all other written,printedor recorded matter of any kind, and all other data compilations
from which information can be obtained, and translated,if necessary, and all originals, drafts and
copies thereof. Any documents bearing any marks including,but not limited to, initials, stamped
indicia,comments, or of
notations, any kind that are not a part of the originaltext or photographic
reproductionthereof are to be considered and identified as separate documents.
9. "Dwelling" means the physicaldwelling located at the Insured Property (as defined
herein).
10."Insured Property" means the real property specifically
listed on the declarations
page ofthe Policy (as defined herein).
11. "Other Structures" means any structures located at the Insured Property that are
set apart from and/or not connected to the Dwelling including,but not limited to, those
structures connected only by a fence, utility
line,and/or similar connection.
12. "Person" or "Persons" shall mean any natural person or any legalentityincluding,
but not limited to, a corporation,partnersh* and unincorporatedassociation,firm, joint
venture, proprietorsh*,and/or any other entityor group of natural persons or such entities,
singularor plural, and any
male, female,or neuter gender,as the context may require, officer.
13. "Plaintiff" means any person and/or entitynamed as a plaintiff
in this action.
14. "Policy" means the insurance policythat serves as a basis for any causes of action
asserted againstDefendant in this lawsuit.
15. "Related to", "relatingto", and "relate to" shall include pertaining
to, referring
to,
mentioning, evidencing,discussingor otherwise
relevant to, supporting, contradicting,
involving, whether directly indirectly, subjectmatter ofthe specified
or the request.
16. "Universal" means Defendant UNIVERSAL PROPERTY & CASUALTY
INSURANCE COMPANY
TREPPEDA et. al. v. UPCIC
CASE NO.: CACE-21-007431 Defendant's
Defendants First Request for Admission to Plaintiffs
Page 4 of 9
17. "Written Communication" or "correspondence" means the conveyance of
whether by letters,
information by a writing, e-mails,memoranda, handwritten notes and/or
faxes.
18. "Witness Statement" or "Statement" means a statement of any person with
knowledge of relevant facts,regardlessof when the statement was made, and is either (i)a
written statement signed or otherwise adopted and/or approved in writingby the person
making it;or, (ii)a stenographic, and/or other type o f recordingof
mechanical, electrical,
verbatim transcript
a person'soral statement and/or any substantially of such recording.
19. "You" or "Your" means the specificparty responding to these requests and/or any
person and/or entitynamed as a Plaintiff in this action.
20. "Your Counsel" means the attorney or attorneys who are representingor have
representedyou either with regard to the claim or in this lawsuit.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANKI
TREPPEDA et. al. v. UPCIC
CASE NO.: CACE-21-007431 Defendant's
Defendants First Request for Admission to Plaintiffs
Page 5 of 9
REQUESTED ADMISSIONS
1. Admit that Plaintiffs did not report the Claim until November 11, 2020.
RESPONSE:
2. Admit that Plaintiffs received a full and complete copy ofthe Universal Property and
Casualty Insurance Policy that is the subjectof this lawsuit on or priorto its effective
date.
RESPONSE:
3. Admit that Plaintiffs failed to comply with all post-lossobligationsset forth in the
Policy.
RESPONSE:
4. Admit that Plaintiffs were aware of damage to the Insured Property stemming from the
Claimed Cause of Loss on November 8,2020.
RESPONSE:
5. Admit that Plaintiffs did not submit all documents requestedby Universal in connection
with the Claim priorto filingthe instant action.
RESPONSE:
TREPPEDA et. al. v. UPCIC
CASE NO.: CACE-21-007431 Defendant's
Defendants First Request for Admission to Plaintiffs
Page 6 of 9
6. Admit that Plaintiffs were requiredto provide Universal with a sworn proof of loss
within 60 days ofUniversal's request.
RESPONSE:
7. Admit that Plaintiffs did not make any repairsand/or renovations to the Insured
Property after the Claimed Cause of Loss.
RESPONSE:
8. Admit that Plaintiffs did not cover the roo f at the Insured Property with a tarp after the
Claimed Cause of Loss.
RESPONSE:
9. Admit that Plaintiffs did not perform any emergency mitigationservices after the
Claimed Cause of Loss.
RESPONSE:
10. Admit that the Plaintiffs failed to make reasonable and necessary repairsto protect
the property followingthe reportedloss.
RESPONSE:
11. Admit that Plaintiffs have photos of internal areas of the Insured Property before the
TREPPEDA et. al. v. UPCIC
CASE NO.: CACE-21-007431 Defendant's
Defendants First Request for Admission to Plaintiffs
Page 7 of 9
Claimed Cause of Loss.
RESPONSE:
12. Admit have photos of
that Plaintiffs internal areas of the Insured Property after the
Claimed Cause of Loss.
RESPONSE:
13. Admit that Plaintiffs posted on one social media platform (e.g.Facebook,
at least
Instagram, Twitter, WhatsApp, GroupMe, Snapchat, Pinterest,Reddit, Youtube,
Nextdoor, Flickr,Tumblr, and/or LinkedIn) concerning the Claim and/or Claimed
Cause of Loss.
RESPONSE:
14. Admit that Plaintiffs did not have hurricane shutters up and on the windows of the
Insured Property on the Date of Claimed Cause o f Loss.
RESPONSE:
15. Admit have hurricane impact windows
that Plaintiffs did not installed at the Insured
Property on the Date o f Claimed Cause of Loss.
RESPONSE:
16. Admit have hurricane impact doors installed
that Plaintiffs did not at the Insured
Property on the Date of Claimed Cause of Loss.
TREPPEDA et. al. v. UPCIC
CASE NO.: CACE-21-007431 Defendant's
Defendants First Request for Admission to Plaintiffs
Page 8 of 9
RESPONSE:
17. Admit that at least some of the damages Plaintiffs are claiming in connection with the
Claim pre-datethe Date of the Claimed Cause of Loss.
RESPONSE:
18. Admit that at least some of the damages Plaintiffs are claiming in connection with the
Claim pre-datethe inceptiondate of the Policy.
RESPONSE:
19. Admit that the Plaintiffs failed to show all allegeddamaged property to Universal
followingthe reportedloss.
RESPONSE:
20. Admit that the claims allegedin Plaintiffs Complaint are subjectto the Conditions
and Exclusions in Plaintiff's Universal policy.
RESPONSE:
TREPPEDA et. al. v. UPCIC
CASE NO.: CACE-21-007431 Defendant's
Defendants First Request for Admission to Plaintiffs
Page 9 of 9
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoingwas furnished via E-
Service to: Daniel M. Ilani, Esq., Nicole S. Houman, Esq., The Property People FL, P.A.,
(Service@PropertyPeopleLaw.com; Scheduling@PropertyPeopleLaw.com;
th
on the 14
LegalAsst@PropertyPeopleLaw.com), Counsel for Plaintiffs, day ofApril, 2022.
AttorneyMDefendant
Universal Property & Casualty Insurance Company
P.O. Box 9388
Fort Lauderdale, Florida 33309
Telephone:(954) 958-3319
Toll-Free: 1-833-658-8594 (JudgesOnly)
Facsimile: (954) 958-1262
By-. /s/ Joseph P. Henn
Joseph P. Henn, Esq.
Florida Bar No.
For Service of Court Documents onlv:
Primary: upciceservice01@universalproperty.com
Secondary: Kb0615@universalproperty.com
Tertiary:
jh0518@universalproperty.com
For Scheduling Matters:
Is0601@universalproperty.com
:Please do not send any inquiriesor scheduling matters to upciceservice@universalpropertv.com
or upciceservice01@universalpropertv.com.
Preview
Filing# 147724916 E-Filed 04/14/2022 03:03:50 PM IN THE CIRCUIT COURT OF THE ,TH 17 JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA PETER AND MONICA TREPPEDA, CASE NO.: CACE-21-007431 Plaintiffs, VS. UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. i DEFENDANT'S REQUEST FOR ADMISSIONS TO PLAINTIFFS Defendant UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY ("Universal"),through counsel and pursuant to Rule 1.370 ofthe Florida Rules of Civil Procedure, propounds this Request for Admissions upon Plaintiffs. Plaintiffs are to respond in writingto this Request for Admissions within thirty(30)days from the date of service. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK1 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 04/14/2022 03:03:50 PM.**** TREPPEDA et. al. v. UPCIC CASE NO.: CACE-21-007431 Defendant's Defendants First Request for Admission to Plaintiffs Page 2 of 9 DEFINITIONS 1. "Calendar Year" means that period of time that begins at 12:01 a.m. on January 1 of any given year and ends at 11.59 pm. on December 31 ofthat year. 2. "Claim" means the insurance claim (as defined herein)reportedto that Plaintiffs Defendant (as defined herein)and that serves as a basis for any causes of action asserted againstDefendant in this action. 3. "Claimed Cause of Loss" means the event and/or reason that You (as defined herein)are claimingthat the Insured Property (asdefined herein)was damaged. 4. "Concerning", "concern," or any other derivative thereof as used herein, shall be construed as referringto, responding to, relatingto, pertaining to, connected with, comprising, memorializing, commenting on, substantiating, regarding, discussing, showing, describing, reflecting, analyzing, and constituting. 5. "Control" means having possessionof and/or the power and/or authority to request possession of the subjectmatter or a copy thereof, or direct the possession,movement, transfer or other dispositionofthe subjectproperty or document. 6. "Date" means the exact date (includingday, month, and year).If the exact day, month, and year is not ascertainable,then the best available approximation of the exact day, month, and year. 7. "Defendant" means Universal Property & Casualty Insurance Company. 8. "Document" or "documents" means anythingwhich may be considered to be a document or tangible thingwithin the meaning of Fla. R. Civ. P. 1.350 and means any and all correspondence, records, reports, memoranda, notes, letters, telegrams,emails,voicemails, telexes,texts, messages (including, but not limited to, memos, notes and/or reports of telephoneconversations and conferences), studies,analyses, books, magazines,newspapers, publications, booklets, pamphlets, circulars,bulletins,instructions,minutes, or other communications (including, but not limited to, interoffice and intra-office communications), questionnaires,surveys, contracts, memoranda ofagreements,assignments, books ofaccount, journals,ledgers,summaries, opinions,reports, evaluations,financial statements and all records of or reflecting business operations, mortgages, evaluations,orders,working papers, load sheets,warehouse rece*ts,letters of credit,insurance of lading,sh*ping lists, bills records policies, of summaries of personal interviews or conversations,appointment calendars,diaries, schedules,printouts, drawings,specifications, patents, patent applications, TREPPEDA et. al. v. UPCIC CASE NO.: CACE-21-007431 Defendant's Defendants First Request for Admission to Plaintiffs Page 3 of 9 of registration, certificates for registration, applications graphs, charts,studies,planning materials, statements statistical and compilations,forecasts, work papers, invoices, statements, bills,checks, bank books, bank statements, forms, vouchers, notebooks, data sheets,microfilm, microfiche, photographicnegatives,audio tape, video tape, compact disks,blueprints, architectural specifications, diagrams, schematics, logic diagrams, timing diagrams, pictures,photographs,microscopically obtained photographs,test results,belts,tapes, magnetic tapes, paper tapes, plotteroutput recordings, discs,data cards,films, data processingfiles, computer files and other computer readable records or programs and all other written,printedor recorded matter of any kind, and all other data compilations from which information can be obtained, and translated,if necessary, and all originals, drafts and copies thereof. Any documents bearing any marks including,but not limited to, initials, stamped indicia,comments, or of notations, any kind that are not a part of the originaltext or photographic reproductionthereof are to be considered and identified as separate documents. 9. "Dwelling" means the physicaldwelling located at the Insured Property (as defined herein). 10."Insured Property" means the real property specifically listed on the declarations page ofthe Policy (as defined herein). 11. "Other Structures" means any structures located at the Insured Property that are set apart from and/or not connected to the Dwelling including,but not limited to, those structures connected only by a fence, utility line,and/or similar connection. 12. "Person" or "Persons" shall mean any natural person or any legalentityincluding, but not limited to, a corporation,partnersh* and unincorporatedassociation,firm, joint venture, proprietorsh*,and/or any other entityor group of natural persons or such entities, singularor plural, and any male, female,or neuter gender,as the context may require, officer. 13. "Plaintiff" means any person and/or entitynamed as a plaintiff in this action. 14. "Policy" means the insurance policythat serves as a basis for any causes of action asserted againstDefendant in this lawsuit. 15. "Related to", "relatingto", and "relate to" shall include pertaining to, referring to, mentioning, evidencing,discussingor otherwise relevant to, supporting, contradicting, involving, whether directly indirectly, subjectmatter ofthe specified or the request. 16. "Universal" means Defendant UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY TREPPEDA et. al. v. UPCIC CASE NO.: CACE-21-007431 Defendant's Defendants First Request for Admission to Plaintiffs Page 4 of 9 17. "Written Communication" or "correspondence" means the conveyance of whether by letters, information by a writing, e-mails,memoranda, handwritten notes and/or faxes. 18. "Witness Statement" or "Statement" means a statement of any person with knowledge of relevant facts,regardlessof when the statement was made, and is either (i)a written statement signed or otherwise adopted and/or approved in writingby the person making it;or, (ii)a stenographic, and/or other type o f recordingof mechanical, electrical, verbatim transcript a person'soral statement and/or any substantially of such recording. 19. "You" or "Your" means the specificparty responding to these requests and/or any person and/or entitynamed as a Plaintiff in this action. 20. "Your Counsel" means the attorney or attorneys who are representingor have representedyou either with regard to the claim or in this lawsuit. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANKI TREPPEDA et. al. v. UPCIC CASE NO.: CACE-21-007431 Defendant's Defendants First Request for Admission to Plaintiffs Page 5 of 9 REQUESTED ADMISSIONS 1. Admit that Plaintiffs did not report the Claim until November 11, 2020. RESPONSE: 2. Admit that Plaintiffs received a full and complete copy ofthe Universal Property and Casualty Insurance Policy that is the subjectof this lawsuit on or priorto its effective date. RESPONSE: 3. Admit that Plaintiffs failed to comply with all post-lossobligationsset forth in the Policy. RESPONSE: 4. Admit that Plaintiffs were aware of damage to the Insured Property stemming from the Claimed Cause of Loss on November 8,2020. RESPONSE: 5. Admit that Plaintiffs did not submit all documents requestedby Universal in connection with the Claim priorto filingthe instant action. RESPONSE: TREPPEDA et. al. v. UPCIC CASE NO.: CACE-21-007431 Defendant's Defendants First Request for Admission to Plaintiffs Page 6 of 9 6. Admit that Plaintiffs were requiredto provide Universal with a sworn proof of loss within 60 days ofUniversal's request. RESPONSE: 7. Admit that Plaintiffs did not make any repairsand/or renovations to the Insured Property after the Claimed Cause of Loss. RESPONSE: 8. Admit that Plaintiffs did not cover the roo f at the Insured Property with a tarp after the Claimed Cause of Loss. RESPONSE: 9. Admit that Plaintiffs did not perform any emergency mitigationservices after the Claimed Cause of Loss. RESPONSE: 10. Admit that the Plaintiffs failed to make reasonable and necessary repairsto protect the property followingthe reportedloss. RESPONSE: 11. Admit that Plaintiffs have photos of internal areas of the Insured Property before the TREPPEDA et. al. v. UPCIC CASE NO.: CACE-21-007431 Defendant's Defendants First Request for Admission to Plaintiffs Page 7 of 9 Claimed Cause of Loss. RESPONSE: 12. Admit have photos of that Plaintiffs internal areas of the Insured Property after the Claimed Cause of Loss. RESPONSE: 13. Admit that Plaintiffs posted on one social media platform (e.g.Facebook, at least Instagram, Twitter, WhatsApp, GroupMe, Snapchat, Pinterest,Reddit, Youtube, Nextdoor, Flickr,Tumblr, and/or LinkedIn) concerning the Claim and/or Claimed Cause of Loss. RESPONSE: 14. Admit that Plaintiffs did not have hurricane shutters up and on the windows of the Insured Property on the Date of Claimed Cause o f Loss. RESPONSE: 15. Admit have hurricane impact windows that Plaintiffs did not installed at the Insured Property on the Date o f Claimed Cause of Loss. RESPONSE: 16. Admit have hurricane impact doors installed that Plaintiffs did not at the Insured Property on the Date of Claimed Cause of Loss. TREPPEDA et. al. v. UPCIC CASE NO.: CACE-21-007431 Defendant's Defendants First Request for Admission to Plaintiffs Page 8 of 9 RESPONSE: 17. Admit that at least some of the damages Plaintiffs are claiming in connection with the Claim pre-datethe Date of the Claimed Cause of Loss. RESPONSE: 18. Admit that at least some of the damages Plaintiffs are claiming in connection with the Claim pre-datethe inceptiondate of the Policy. RESPONSE: 19. Admit that the Plaintiffs failed to show all allegeddamaged property to Universal followingthe reportedloss. RESPONSE: 20. Admit that the claims allegedin Plaintiffs Complaint are subjectto the Conditions and Exclusions in Plaintiff's Universal policy. RESPONSE: TREPPEDA et. al. v. UPCIC CASE NO.: CACE-21-007431 Defendant's Defendants First Request for Admission to Plaintiffs Page 9 of 9 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoingwas furnished via E- Service to: Daniel M. Ilani, Esq., Nicole S. Houman, Esq., The Property People FL, P.A., (Service@PropertyPeopleLaw.com; Scheduling@PropertyPeopleLaw.com; th on the 14 LegalAsst@PropertyPeopleLaw.com), Counsel for Plaintiffs, day ofApril, 2022. AttorneyMDefendant Universal Property & Casualty Insurance Company P.O. Box 9388 Fort Lauderdale, Florida 33309 Telephone:(954) 958-3319 Toll-Free: 1-833-658-8594 (JudgesOnly) Facsimile: (954) 958-1262 By-. /s/ Joseph P. Henn Joseph P. Henn, Esq. Florida Bar No. For Service of Court Documents onlv: Primary: upciceservice01@universalproperty.com Secondary: Kb0615@universalproperty.com Tertiary: jh0518@universalproperty.com For Scheduling Matters: Is0601@universalproperty.com :Please do not send any inquiriesor scheduling matters to upciceservice@universalpropertv.com or upciceservice01@universalpropertv.com.