On December 27, 2019 a
Party Discovery
was filed
involving a dispute between
Marquez, Daniel,
and
United Property & Casualty Insurance Company,
for Insurance Claim
in the District Court of Collier County.
Preview
Filing # 104510758 E-Filed 03/06/2020 10:02:24 PM
IN THE CIRCUIT COURT OF THE 20th
JUDICIAL CIRCUIT IN AND FOR
COLLIER COUNTY, FLORIDA
CASE NO.: 2019 CA 5013
DANIEL MARQUEZ
Plaintiff(s),
UNITED PROPERTY & CASUALTY
INSURANCE COMPANY,
Defendant.
/
DEFENDANT, UNITED PROPERTY & CASUALTY INSURANCE COMPANY’S
RESPONSES TO PLAINTIFF’S FIRST REQUEST FOR ADMISSIONS
Defendant, UNITED PROPERTY & CASUALTY INSURANCE COMPANY
(hereinafter “Defendant”), by and through the undersigned counsel and pursuant to the applicable
Florida Rules of Civil Procedure, hereby files its Responses to Plaintiffs First Request for
Admissions, and states as follows:
1.
Response:
2.
Response:
3.
Response:
4.
Admit that on July 21, 2019, the Plaintiffhad a homeowners’ insurance policy with
the Defendant (Policy number UHV 4169103 03 01) and the Policy was in full
force and effect.
Admitted.
Admit that the Plaintiff is the named insured under the insurance policy number
UHV 4169103 03 01.
Admitted.
Admit that the policy (number UHV 4169103 03 01) between Plaintiff and
Defendant provided coverage for the property located at 3160 4th Street NW,
Naples FL 34120.
Admitted.
Admit that a loss with a date of loss of July 21, 2019, was reported to the Defendant
by or on behalf of the Plaintiff.
FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, CLERK, 03/09/2020 09:20:03 AMResponse:
5.
Response:
6.
Response:
7.
Response:
Admitted.
Admit that Defendant assigned claim number 2019FL132601 to the subject July
21, 2019 loss.
Admitted.
Admit that a written estimate of structural repairs for the damage alleged to have
occurred by the reason of the alleged loss described in the Complaint in the amount
of $123,036.91, was submitted to Defendant by or on behalf of the Plaintiff prior
to filing the instant lawsuit.
Denied.
Admit that Defendant received the sworn proof of loss attached hereto as Exhibit
A prior to the filing of the instant lawsuit.
Objection. Vague and ambiguous as nothing is attached to the Amended Complaint.
Notwithstanding said objection, denied.
8.
Response:
Admit that Defendant issued payment to the Plaintiff for structural damages/repairs
for claim number 2019FL132601.
Objection. Vague and ambiguous. Notwithstanding said objection, admitted that
Defendant issued full payment to the Plaintiff for the loss.
9.
Response:
10.
Response:
11.
Response:
12.
Response:
Admit that Defendant extended / afforded coverage for claim number
2019FL132601.
Admitted.
Admit that Defendant failed to pay the full amount of Plaintiff's estimate for
damages with respect to the subject claim number 2019FL132601.
Denied.
Admit that an inspection of Plaintiffs property was conducted by an adjuster on
behalf of the Defendant after the July 21, 2019 loss was reported.
Admitted.
Admit that the adjuster that inspected the subject property on Defendant’s behalf is
not a licensed/certified engineer.
Without knowledge and therefore denied.
213.
Response:
14.
Response:
15.
Response:
16.
Response:
17.
Response:
18.
Response:
19.
Response:
20.
Response:
21.
Response:
Admit that the adjuster that inspected the subject property on Defendant’s behalf is
not a licensed contractor.
Without knowledge and therefore denied.
Admit that Defendant did not request a recorded statement of Plaintiff with regard
to the subject loss.
Denied.
Admit that Defendant did not request an examination under oath of the Plaintiff
with regard to the subject loss.
Admitted.
Admit that Plaintiff has complied with all post-loss obligations required by the
policy or requested by the Defendant as set forth in the insurance policy.
Denied.
Admit that the Insured has paid all premiums required for the subject policy number
UHV 4169103 03 01.
Without knowledge and therefore denied.
Admit that Defendant did not pay or deny the subject claim within ninety (90) days
after the subject July 21, 2019 loss was reported to Defendant.
Denied.
Admit that Defendant is in breach of the subject contract (policy number UHV
4169103 03 01).
Denied.
Admit that prior to the institution of this lawsuit; Defendant received a written
demand for full payment under the Policy submitted by or on behalf of Plaintiff for
the subject loss.
Denied.
Admit that Defendant is responsible for Plaintiff’s attorney’s fees in this action
pursuant to section 627.428, Florida Statutes.
Denied.CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing document was filed
electronically and was sent by E-mail from the Florida Courts’ E-Filing Portal system, unless
otherwise noted below on this 6" day of March, 2020, on all counsel or parties of record listed
below:
Lance Stephan, Esq.
Mineo Salcedo Law Firm, P.A.
5600 Davie Road
Davie, FL 33328
mike@floridainslaw.com
service@mineolaw.com
CHARTWELL LAW
Attorneys for Defendant
100 SE 2nd Street, Suite 2150
Miami, FL 33131
(305) 372-9044 Telephone
(305) 372-5044 Facsimile
By: /s/ Mehdi Manseur, Esq.
Mehdi Manseur
Florida Bar No. 38559
mmanseur@chartwelllaw.com
aarboleda@chartwelllaw.com
Christopher R. Cooper
Florida Bar No. 111434
ccooper@chartwelllaw.com
Case Filing Date
December 27, 2019
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Filing # 104510758 E-Filed 03/06/2020 10:02:24 PM IN THE CIRCUIT COURT OF THE 20th JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CASE NO.: 2019 CA 5013 DANIEL MARQUEZ Plaintiff(s), UNITED PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. / DEFENDANT, UNITED PROPERTY & CASUALTY INSURANCE COMPANY’S RESPONSES TO PLAINTIFF’S FIRST REQUEST FOR ADMISSIONS Defendant, UNITED PROPERTY & CASUALTY INSURANCE COMPANY (hereinafter “Defendant”), by and through the undersigned counsel and pursuant to the applicable Florida Rules of Civil Procedure, hereby files its Responses to Plaintiffs First Request for Admissions, and states as follows: 1. Response: 2. Response: 3. Response: 4. Admit that on July 21, 2019, the Plaintiffhad a homeowners’ insurance policy with the Defendant (Policy number UHV 4169103 03 01) and the Policy was in full force and effect. Admitted. Admit that the Plaintiff is the named insured under the insurance policy number UHV 4169103 03 01. Admitted. Admit that the policy (number UHV 4169103 03 01) between Plaintiff and Defendant provided coverage for the property located at 3160 4th Street NW, Naples FL 34120. Admitted. Admit that a loss with a date of loss of July 21, 2019, was reported to the Defendant by or on behalf of the Plaintiff. FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, CLERK, 03/09/2020 09:20:03 AMResponse: 5. Response: 6. Response: 7. Response: Admitted. Admit that Defendant assigned claim number 2019FL132601 to the subject July 21, 2019 loss. Admitted. Admit that a written estimate of structural repairs for the damage alleged to have occurred by the reason of the alleged loss described in the Complaint in the amount of $123,036.91, was submitted to Defendant by or on behalf of the Plaintiff prior to filing the instant lawsuit. Denied. Admit that Defendant received the sworn proof of loss attached hereto as Exhibit A prior to the filing of the instant lawsuit. Objection. Vague and ambiguous as nothing is attached to the Amended Complaint. Notwithstanding said objection, denied. 8. Response: Admit that Defendant issued payment to the Plaintiff for structural damages/repairs for claim number 2019FL132601. Objection. Vague and ambiguous. Notwithstanding said objection, admitted that Defendant issued full payment to the Plaintiff for the loss. 9. Response: 10. Response: 11. Response: 12. Response: Admit that Defendant extended / afforded coverage for claim number 2019FL132601. Admitted. Admit that Defendant failed to pay the full amount of Plaintiff's estimate for damages with respect to the subject claim number 2019FL132601. Denied. Admit that an inspection of Plaintiffs property was conducted by an adjuster on behalf of the Defendant after the July 21, 2019 loss was reported. Admitted. Admit that the adjuster that inspected the subject property on Defendant’s behalf is not a licensed/certified engineer. Without knowledge and therefore denied. 213. Response: 14. Response: 15. Response: 16. Response: 17. Response: 18. Response: 19. Response: 20. Response: 21. Response: Admit that the adjuster that inspected the subject property on Defendant’s behalf is not a licensed contractor. Without knowledge and therefore denied. Admit that Defendant did not request a recorded statement of Plaintiff with regard to the subject loss. Denied. Admit that Defendant did not request an examination under oath of the Plaintiff with regard to the subject loss. Admitted. Admit that Plaintiff has complied with all post-loss obligations required by the policy or requested by the Defendant as set forth in the insurance policy. Denied. Admit that the Insured has paid all premiums required for the subject policy number UHV 4169103 03 01. Without knowledge and therefore denied. Admit that Defendant did not pay or deny the subject claim within ninety (90) days after the subject July 21, 2019 loss was reported to Defendant. Denied. Admit that Defendant is in breach of the subject contract (policy number UHV 4169103 03 01). Denied. Admit that prior to the institution of this lawsuit; Defendant received a written demand for full payment under the Policy submitted by or on behalf of Plaintiff for the subject loss. Denied. Admit that Defendant is responsible for Plaintiff’s attorney’s fees in this action pursuant to section 627.428, Florida Statutes. Denied.CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing document was filed electronically and was sent by E-mail from the Florida Courts’ E-Filing Portal system, unless otherwise noted below on this 6" day of March, 2020, on all counsel or parties of record listed below: Lance Stephan, Esq. Mineo Salcedo Law Firm, P.A. 5600 Davie Road Davie, FL 33328 mike@floridainslaw.com service@mineolaw.com CHARTWELL LAW Attorneys for Defendant 100 SE 2nd Street, Suite 2150 Miami, FL 33131 (305) 372-9044 Telephone (305) 372-5044 Facsimile By: /s/ Mehdi Manseur, Esq. Mehdi Manseur Florida Bar No. 38559 mmanseur@chartwelllaw.com aarboleda@chartwelllaw.com Christopher R. Cooper Florida Bar No. 111434 ccooper@chartwelllaw.com