On December 20, 2019 a
Party Discovery
was filed
involving a dispute between
Sparling, Marion,
Sparling, Roger,
and
Universal Insurance Company Of North America,
for Contract and Indebtedness
in the District Court of Collier County.
Preview
Filing # 106808202 E-Filed 04/28/2020 04:08:48 PM
20-107/hds
IN THE CIRCUIT COURT OF THE 20TH
JUDICIAL CIRCUIT IN AND FOR
COLLIER COUNTY FLORIDA
CIVIL DIVISION
CASE NO: 11-2019-CA-004957-0001-XX
ROGER AND MARION SPARLING
Plaintiffs,
vs.
UNIVERSAL INSURANCE COMPANY
OF NORTH AMERICA
Defendant.
DEFENDANT’S FIRST REQUESTS FOR ADMISSIONS
DIRECTED TO PLAINTIFF, ROGER SPARLING
Defendant, UNIVERSAL INSURANCE COMPANY OF NORTH AMERICA
(“Defendant”), by and through the undersigned counsel, hereby files the following Requests for
Admissions:
1.
Admit that the loss that is the subject of this lawsuit (“subject loss”) occurred on or
about 09/10/2017.
Admit that the subject loss was first reported to the Defendant on 03/13/2019.
Admit that you did not report the subject loss to the Defendant until 03/13/2019.
Admit that you did not have the roof inspected within the first year after the alleged
date of the subject loss.
Admit that, within six (6) months of the alleged date of the subject loss, you were
aware that the property had been subjected to hurricane-force winds on the date of
the subject loss.
FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, CLERK, 04/28/2020 04:08:48 PM10.
ll.
12.
13.
14.
15.
16.
17.
18.
Admit that you did not make any repairs to the roof of the subject property between
9/10/17 and 03/13/2019.
Admit that the date for Defendant’s initial field inspection was postponed in order
for you to obtain a public adjuster.
Admit that Defendant completed a field inspection of the subject property on
03/27/2019.
Admit that Defendant retained an engineer to perform an engineering assessment
of the roof in connection with the subject loss.
Admit that an engineer retained by Defendant inspected the subject property on
04/10/2019.
Admit that Defendant made an undisputed payment to you the amount of $981.12
in connection with the subject loss.
Admit that Defendant sent you and/or your agent a correspondence dated
09/23/2019 demanding mediation.
Admit that you and/or your agent received a correspondence from Defendant, dated
09/23/2019, demanding mediation.
Admit that you did not respond to Defendant’s demand for mediation at any time.
Admit that you declined to participate in mediation prior to filing a Civil Remedy
Notice with the Florida Department of Financial Services.
Admit that you declined to participate in mediation prior to filing the subject
lawsuit.
Admit that you did not respond to Defendant’s demand for mediation prior to filing
a Civil Remedy Notice with the Florida Department of Financial Services.
Admit that you did not respond to Defendant’s demand for mediation prior to filing
the subject lawsuit.
(Certificate of Service on the following page)CERTIFICATE OF SERVICE
I hereby certify that the foregoing document has been furnished to: David J. Pettinato,
Esq., Merlin Law Group, P.A., Counsel for Plaintiff, Email: dpettinato@merlinlawgroup.com;
smerriett@merlinlawgroup.com; trodriguez@merlinlawgroup.com; by delivery via the Court’s E-
Filing Portal on this 28" day of April, 2020.
ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC
470 Columbia Drive, Bldg. C101
West Palm Beach, FL 33409
Phone: 561/688-6560
Fax: 561/688-2343
Email: Ibedard@rrbpa.com
Service Email: service BLB@rrbpa.com
Attorneys for UICNA
4s/ Harrison D. St. Germain for
LAURA E. BEDARD
Florida Bar No.: 640344
Case Filing Date
December 20, 2019
Category
Contract and Indebtedness
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Filing # 106808202 E-Filed 04/28/2020 04:08:48 PM 20-107/hds IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY FLORIDA CIVIL DIVISION CASE NO: 11-2019-CA-004957-0001-XX ROGER AND MARION SPARLING Plaintiffs, vs. UNIVERSAL INSURANCE COMPANY OF NORTH AMERICA Defendant. DEFENDANT’S FIRST REQUESTS FOR ADMISSIONS DIRECTED TO PLAINTIFF, ROGER SPARLING Defendant, UNIVERSAL INSURANCE COMPANY OF NORTH AMERICA (“Defendant”), by and through the undersigned counsel, hereby files the following Requests for Admissions: 1. Admit that the loss that is the subject of this lawsuit (“subject loss”) occurred on or about 09/10/2017. Admit that the subject loss was first reported to the Defendant on 03/13/2019. Admit that you did not report the subject loss to the Defendant until 03/13/2019. Admit that you did not have the roof inspected within the first year after the alleged date of the subject loss. Admit that, within six (6) months of the alleged date of the subject loss, you were aware that the property had been subjected to hurricane-force winds on the date of the subject loss. FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, CLERK, 04/28/2020 04:08:48 PM10. ll. 12. 13. 14. 15. 16. 17. 18. Admit that you did not make any repairs to the roof of the subject property between 9/10/17 and 03/13/2019. Admit that the date for Defendant’s initial field inspection was postponed in order for you to obtain a public adjuster. Admit that Defendant completed a field inspection of the subject property on 03/27/2019. Admit that Defendant retained an engineer to perform an engineering assessment of the roof in connection with the subject loss. Admit that an engineer retained by Defendant inspected the subject property on 04/10/2019. Admit that Defendant made an undisputed payment to you the amount of $981.12 in connection with the subject loss. Admit that Defendant sent you and/or your agent a correspondence dated 09/23/2019 demanding mediation. Admit that you and/or your agent received a correspondence from Defendant, dated 09/23/2019, demanding mediation. Admit that you did not respond to Defendant’s demand for mediation at any time. Admit that you declined to participate in mediation prior to filing a Civil Remedy Notice with the Florida Department of Financial Services. Admit that you declined to participate in mediation prior to filing the subject lawsuit. Admit that you did not respond to Defendant’s demand for mediation prior to filing a Civil Remedy Notice with the Florida Department of Financial Services. Admit that you did not respond to Defendant’s demand for mediation prior to filing the subject lawsuit. (Certificate of Service on the following page)CERTIFICATE OF SERVICE I hereby certify that the foregoing document has been furnished to: David J. Pettinato, Esq., Merlin Law Group, P.A., Counsel for Plaintiff, Email: dpettinato@merlinlawgroup.com; smerriett@merlinlawgroup.com; trodriguez@merlinlawgroup.com; by delivery via the Court’s E- Filing Portal on this 28" day of April, 2020. ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Drive, Bldg. C101 West Palm Beach, FL 33409 Phone: 561/688-6560 Fax: 561/688-2343 Email: Ibedard@rrbpa.com Service Email: service BLB@rrbpa.com Attorneys for UICNA 4s/ Harrison D. St. Germain for LAURA E. BEDARD Florida Bar No.: 640344