On April 27, 2022 a
Party Discovery
was filed
involving a dispute between
Fedrick, Erlene,
and
Arch Insurance Company,
Henes, Patrick Donald,
for Circuit Civil
in the District Court of Lake County.
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35-2022-CA-000754-AXXX-XX
Filing # 148510658 E-Filed 04/27/2022 03:30:46 PM
IN THE CIRCUIT COURT OF THE FIFTH
JUDICIAL CIRCUIT IN AND FOR LAKE
COUNTY, FLORIDA
CASE NO:
ERLENE FEDRICK,
Plaintiff,
Vv.
PATRICK DONALD HENES and ARCH
INSURANCE COMPANY, a Foreign Profit
Corporation,
Defendants.
/
PLAINTIFFS’ REQUEST FOR ADMISSIONS TO DEFENDANT,
ARCH INSURANCE COMPANY
COMES NOW the Plaintiff, ERLENE FEDRICK, by and through the undersigned counsel
and pursuant to Rule 1.370, Florida Rules Of Civil Procedure, hereby requests that Defendant,
ARCH INSURANCE COMPANY, admit the following within forty-five (45) days from the date
of service hereof:
1 At all times material to the Complaint, Defendant, ARCH INSURANCE COMPANY,
was and is a corporation licensed to do business in the State of Florida, and engaged in the business
of automobile insurance.
2. Defendant maintains agents in LAKE County, Florida, to transact its customary
business in LAKE County, Florida.
3. Defendant insured Plaintiff under an automobile insurance policy which provides
Uninsured/Underinsured Motorist Protection benefits for the motor vehicle accident which is the
subject of the Complaint.
FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 04/27/2022 04:40:59 PM.
4. The above-described automobile policy which Defendant issued was in full force and
effect for the subject accident and provides coverage for Uninsured/Underinsured Motorist
Protection benefits for the personal injuries Plaintiff sustained in the subject accident.
5. Please admit that the subject UIM/UM policy provided coverage for the subject loss.
6. Please admit that the motor vehicle accident occurred on OCTOBER 23, 2020.
7. Please admit that the above-styled Court, in and for LAKE County, Florida, has
jurisdiction over Plaintiffs claim against Defendant.
8. Please admit that Defendant failed to pay Plaintiff's Uninsured/Underinsured Motorist
Protection claim without "reasonable proof to establish" that Defendant was not responsible for
the payment.
9. Please admit that Plaintiffs policy with Defendant is required to conform to all
requirements of Sections 627.727, Florida Statutes.
10. Please admit that Plaintiff's policy with Defendant, even if it does not by its own terms
comply with the requirements set forth in Sections 627.727 Florida Statutes, is deemed to provide
insurance for the payment of the required benefits and should be interpreted to meet the other
requirements set forth in the Florida Statutes.
11. Please admit that a multiplier of the Lodestar for attorneys' fees would be appropriate
if Plaintiff has a contingent fee contract with the undersigned law firm.
12. Please admit that Five Hundred Fifty Dollars ($550.00) per hour is a reasonable hourly
rate for the undersigned law firm to charge based on the charges customarily charged in this
community for the same or similar services.
13. Please admit that Plaintiff was not negligent in any way which contributed to the motor
vehicle accident which is the subject of the Complaint.
I HEREBY CERTIFY THAT a copy of the foregoing has been served upon the above-
named Defendant along with the Summons and Complaint.
s/ Devry R. Kelley
Devry R. Kelley, Esquire
Florida Bar No.: 0567302
Dan Newlin Injury Attorneys
7335 W. Sand Lake Road, Suite 300
Orlando, FL 32819
Direct: (321) 234-3859
Fax: (863) 225-9853
Attorneys for Plaintiff
Devry.Kelley@newlinlaw.com
Patricia.Croc@newlinlaw.com
devry.pleadings@newlinlaw.com
Document Filed Date
April 27, 2022
Case Filing Date
April 27, 2022
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35-2022-CA-000754-AXXX-XX Filing # 148510658 E-Filed 04/27/2022 03:30:46 PM IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR LAKE COUNTY, FLORIDA CASE NO: ERLENE FEDRICK, Plaintiff, Vv. PATRICK DONALD HENES and ARCH INSURANCE COMPANY, a Foreign Profit Corporation, Defendants. / PLAINTIFFS’ REQUEST FOR ADMISSIONS TO DEFENDANT, ARCH INSURANCE COMPANY COMES NOW the Plaintiff, ERLENE FEDRICK, by and through the undersigned counsel and pursuant to Rule 1.370, Florida Rules Of Civil Procedure, hereby requests that Defendant, ARCH INSURANCE COMPANY, admit the following within forty-five (45) days from the date of service hereof: 1 At all times material to the Complaint, Defendant, ARCH INSURANCE COMPANY, was and is a corporation licensed to do business in the State of Florida, and engaged in the business of automobile insurance. 2. Defendant maintains agents in LAKE County, Florida, to transact its customary business in LAKE County, Florida. 3. Defendant insured Plaintiff under an automobile insurance policy which provides Uninsured/Underinsured Motorist Protection benefits for the motor vehicle accident which is the subject of the Complaint. FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 04/27/2022 04:40:59 PM. 4. The above-described automobile policy which Defendant issued was in full force and effect for the subject accident and provides coverage for Uninsured/Underinsured Motorist Protection benefits for the personal injuries Plaintiff sustained in the subject accident. 5. Please admit that the subject UIM/UM policy provided coverage for the subject loss. 6. Please admit that the motor vehicle accident occurred on OCTOBER 23, 2020. 7. Please admit that the above-styled Court, in and for LAKE County, Florida, has jurisdiction over Plaintiffs claim against Defendant. 8. Please admit that Defendant failed to pay Plaintiff's Uninsured/Underinsured Motorist Protection claim without "reasonable proof to establish" that Defendant was not responsible for the payment. 9. Please admit that Plaintiffs policy with Defendant is required to conform to all requirements of Sections 627.727, Florida Statutes. 10. Please admit that Plaintiff's policy with Defendant, even if it does not by its own terms comply with the requirements set forth in Sections 627.727 Florida Statutes, is deemed to provide insurance for the payment of the required benefits and should be interpreted to meet the other requirements set forth in the Florida Statutes. 11. Please admit that a multiplier of the Lodestar for attorneys' fees would be appropriate if Plaintiff has a contingent fee contract with the undersigned law firm. 12. Please admit that Five Hundred Fifty Dollars ($550.00) per hour is a reasonable hourly rate for the undersigned law firm to charge based on the charges customarily charged in this community for the same or similar services. 13. Please admit that Plaintiff was not negligent in any way which contributed to the motor vehicle accident which is the subject of the Complaint. I HEREBY CERTIFY THAT a copy of the foregoing has been served upon the above- named Defendant along with the Summons and Complaint. s/ Devry R. Kelley Devry R. Kelley, Esquire Florida Bar No.: 0567302 Dan Newlin Injury Attorneys 7335 W. Sand Lake Road, Suite 300 Orlando, FL 32819 Direct: (321) 234-3859 Fax: (863) 225-9853 Attorneys for Plaintiff Devry.Kelley@newlinlaw.com Patricia.Croc@newlinlaw.com devry.pleadings@newlinlaw.com