On September 07, 2021 a
Answer
was filed
involving a dispute between
Lopez, Hernan,
Lopez, Ibetty,
and
Weston Insurance Company,
for Contract & Indebtedness
in the District Court of Miami-Dade County.
Preview
Filing # 145705212 E-Filed 03/15/2022 09:45:35 AM
146448 IN THE CIRCUIT COURT OF THE 11th
JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
HERNAN LOPEZ and IBETTY LOPEZ, CASE NO.: 2021-020616-CA-01
Plaintiff,
Vs.
WESTON PROPERTY & CASUALTY
INSURANCE COMPANY (F/K/A WESTON
INSURANCE COMPANY),
Defendant.
_______________________________/
DEFENDANT WESTON PROPERTY & CASULATY
INSURANCE COMPANY’S ANSWER AND AFFIRMATIVE DEFENSES
AND DEMAND FOR JURY TRIAL
Defendant, WESTON PROPERTY & CASUALTY INSURANCE COMPANY
(“WESTON”), by and through the undersigned counsel, files this answer and affirmative
defenses and demand for jury trial to Plaintiffs’ complaint, and in support thereof states as
follows:
PARTIES, JURISDICTION & VENUE
1. Defendant denies the allegations contained in paragraph 1 of the complaint and
demands strict proof thereof.
2. Defendant admits the allegations contained in paragraph 2 of the complaint.
3. Defendant admits the allegations contained in paragraph 3 of the complaint.
4. Defendant denies the allegations contained in paragraph 4 of the complaint.
More specifically, Plaintiffs failed to comply with the requirements of Section 627.70152,
Florida Statutes.
GENERAL ALLEGATIONS
5. Defendant admits that Defendant issued policy of insurance number
PFA 00016-00205 04 09 09 to Hernan Lopez and for the property located at 7980 SW 58th
Avenue, Miami, Florida . Defendant denies any remaining allegations in paragraph 6 of the
complaint.
6. Defendant admits that Defendant issued policy of insurance number
PFA 00016-00205 04 09 09 to Hernan Lopez and for the property located at 7980 SW 58th
Avenue, Miami, Florida . Defendant denies any remaining allegations in paragraph 6 of the
complaint.
7. Defendant admits that Defendant issued policy of insurance number
PFA 00016-00205 04 09 09 to Hernan Lopez and for the property located at 7980 SW 58th
Avenue, Miami, Florida . Defendant denies any remaining allegations in paragraph 7 of the
complaint.
8. Defendant denies the allegations contained in paragraph 8 of the complaint.
9. Defendant denies the allegations contained in paragraph 9 of the complaint.
10. Defendant admits the allegations contained in paragraph 10 of the complaint.
11. Defendant denies the allegations contained in paragraph 11 of the complaint
and demands strict proof thereof.
12. Defendant denies the allegations contained in paragraph 12 of the complaint and
demands strict proof thereof.
13. Defendant denies the allegations contained in paragraph 13 of the complaint.
14. Defendant denies the allegations contained in paragraph 14 of the complaint.
15. Defendant denies the allegations contained in paragraph 15 of the complaint.
COUNT I- BREACH OF CONTRACT
16. Defendant readopts and realleges Defendant’s responses to paragraphs 1 through
15 as if fully set forth herein and denies the remaining allegations contained in paragraph 16 of the
complaint.
17. Defendant denies the allegations contained in paragraph 17 of the complaint.
18. Defendant denies the allegations contained in paragraph 18 of the complaint.
19. Defendant denies the allegations contained in paragraph 19 of the complaint.
20. Defendant denies the allegations contained in paragraph 16 of the complaint.
21. Defendant denies the allegations contained in paragraph 21 of the complaint.
22. Defendant denies any allegation contained in the complaint unless specifically
admitted.
FIRST AFFIRMATIVE DEFENSE
The plain and unambiguous language of the Policy issued to the Insureds states that
Policy does not insure for a loss caused by rain unless a windstorm or hail first damages the
building, causing an opening through which the rain enters and causes damage. There is no
evidence of a peril created opening at the Insured property. Therefore, the Plaintiff’s claim is not
covered under the subject Policy of insurance.
SECOND AFFIRMATIVE DEFENSE
The plain and unambiguous language of the Policy issued to the Insureds states that
Policy does not insure for a loss caused by wear, tear and deterioration. The alleged damage at
the Insured property is the result of wear, tear and deterioration. Therefore, the Plaintiff’s claim
is not covered under the subject Policy of insurance.
THIRD AFFIRMATIVE DEFENSE
Plaintiffs’ property was not damaged as a result of a peril insured against.
FOURTH AFFIRMATIVE DEFENSE
Plaintiff’s lawsuit is invalid and premature for failure to comply with the requirements of
Section 627.70152, Florida Statutes.
DEMAND FOR JURY TRIAL
WESTON demands a jury trial of all matters so triable.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of Defendant WESTON PROPERTY &
CASYUALTY INSURANCE COMPANY’s Answer and Affirmative Defenses and Demand for
Jury Trial was submitted via e- mailed this 15th day of March, 2022 to Andrew Vargas, Esq.
Kubicki Draper
9100 S. Dadeland Blvd., 18th Floor
Miami, Florida 33156
Direct Line: (305) 982-6735
CW-KD@KubickiDraper.com
(for pleadings only)
SRG@kubickidraper.com
(for all other correspondence)
BY: /s/ Sarah Goldberg
SARAH GOLDBERG
Florida Bar No. 92085
Document Filed Date
March 15, 2022
Case Filing Date
September 07, 2021
Category
Contract & Indebtedness
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Filing # 145705212 E-Filed 03/15/2022 09:45:35 AM 146448 IN THE CIRCUIT COURT OF THE 11th JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA HERNAN LOPEZ and IBETTY LOPEZ, CASE NO.: 2021-020616-CA-01 Plaintiff, Vs. WESTON PROPERTY & CASUALTY INSURANCE COMPANY (F/K/A WESTON INSURANCE COMPANY), Defendant. _______________________________/ DEFENDANT WESTON PROPERTY & CASULATY INSURANCE COMPANY’S ANSWER AND AFFIRMATIVE DEFENSES AND DEMAND FOR JURY TRIAL Defendant, WESTON PROPERTY & CASUALTY INSURANCE COMPANY (“WESTON”), by and through the undersigned counsel, files this answer and affirmative defenses and demand for jury trial to Plaintiffs’ complaint, and in support thereof states as follows: PARTIES, JURISDICTION & VENUE 1. Defendant denies the allegations contained in paragraph 1 of the complaint and demands strict proof thereof. 2. Defendant admits the allegations contained in paragraph 2 of the complaint. 3. Defendant admits the allegations contained in paragraph 3 of the complaint. 4. Defendant denies the allegations contained in paragraph 4 of the complaint. More specifically, Plaintiffs failed to comply with the requirements of Section 627.70152, Florida Statutes. GENERAL ALLEGATIONS 5. Defendant admits that Defendant issued policy of insurance number PFA 00016-00205 04 09 09 to Hernan Lopez and for the property located at 7980 SW 58th Avenue, Miami, Florida . Defendant denies any remaining allegations in paragraph 6 of the complaint. 6. Defendant admits that Defendant issued policy of insurance number PFA 00016-00205 04 09 09 to Hernan Lopez and for the property located at 7980 SW 58th Avenue, Miami, Florida . Defendant denies any remaining allegations in paragraph 6 of the complaint. 7. Defendant admits that Defendant issued policy of insurance number PFA 00016-00205 04 09 09 to Hernan Lopez and for the property located at 7980 SW 58th Avenue, Miami, Florida . Defendant denies any remaining allegations in paragraph 7 of the complaint. 8. Defendant denies the allegations contained in paragraph 8 of the complaint. 9. Defendant denies the allegations contained in paragraph 9 of the complaint. 10. Defendant admits the allegations contained in paragraph 10 of the complaint. 11. Defendant denies the allegations contained in paragraph 11 of the complaint and demands strict proof thereof. 12. Defendant denies the allegations contained in paragraph 12 of the complaint and demands strict proof thereof. 13. Defendant denies the allegations contained in paragraph 13 of the complaint. 14. Defendant denies the allegations contained in paragraph 14 of the complaint. 15. Defendant denies the allegations contained in paragraph 15 of the complaint. COUNT I- BREACH OF CONTRACT 16. Defendant readopts and realleges Defendant’s responses to paragraphs 1 through 15 as if fully set forth herein and denies the remaining allegations contained in paragraph 16 of the complaint. 17. Defendant denies the allegations contained in paragraph 17 of the complaint. 18. Defendant denies the allegations contained in paragraph 18 of the complaint. 19. Defendant denies the allegations contained in paragraph 19 of the complaint. 20. Defendant denies the allegations contained in paragraph 16 of the complaint. 21. Defendant denies the allegations contained in paragraph 21 of the complaint. 22. Defendant denies any allegation contained in the complaint unless specifically admitted. FIRST AFFIRMATIVE DEFENSE The plain and unambiguous language of the Policy issued to the Insureds states that Policy does not insure for a loss caused by rain unless a windstorm or hail first damages the building, causing an opening through which the rain enters and causes damage. There is no evidence of a peril created opening at the Insured property. Therefore, the Plaintiff’s claim is not covered under the subject Policy of insurance. SECOND AFFIRMATIVE DEFENSE The plain and unambiguous language of the Policy issued to the Insureds states that Policy does not insure for a loss caused by wear, tear and deterioration. The alleged damage at the Insured property is the result of wear, tear and deterioration. Therefore, the Plaintiff’s claim is not covered under the subject Policy of insurance. THIRD AFFIRMATIVE DEFENSE Plaintiffs’ property was not damaged as a result of a peril insured against. FOURTH AFFIRMATIVE DEFENSE Plaintiff’s lawsuit is invalid and premature for failure to comply with the requirements of Section 627.70152, Florida Statutes. DEMAND FOR JURY TRIAL WESTON demands a jury trial of all matters so triable. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of Defendant WESTON PROPERTY & CASYUALTY INSURANCE COMPANY’s Answer and Affirmative Defenses and Demand for Jury Trial was submitted via e- mailed this 15th day of March, 2022 to Andrew Vargas, Esq. Kubicki Draper 9100 S. Dadeland Blvd., 18th Floor Miami, Florida 33156 Direct Line: (305) 982-6735 CW-KD@KubickiDraper.com (for pleadings only) SRG@kubickidraper.com (for all other correspondence) BY: /s/ Sarah Goldberg SARAH GOLDBERG Florida Bar No. 92085