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Filing # 143800760 E-Filed 02/11/2022 04:57:09 PM
IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT
IN AND FOR BREVARD COUNTY, STATE OF FLORIDA
CIVIL DIVISION
BRANDON AND ASHLEY DAMES,
Plaintiffs,
Vv.
CASE NO.: 2021-CA-057574-XXXX-XX
STATE FARM FLORIDA INSURANCE
COMPANY,
Defendant.
/
ANSWER AND AFFIRMATIVE DEFENSES OF DEFENDANT.
STATE FARM FLORIDA INSURANCE COMPANY
DEFENDANT, STATE FARM FLORIDA INSURANCE COMPANY (“State Farm”), by
and through undersigned counsel, files this Answer and Affirmative Defenses to Plaintiffs’
Complaint and states:
1 Admitted for jurisdictional purposes only.
2. Admitted.
Admitted.
Admitted State Farm issued a policy of insurance to the insureds.
Denied.
Admitted Plaintiffs notified Defendant of a purported loss. Denied Plaintiffs suffered a
covered loss during the policy period.
Admitted a claim number was assigned. Otherwise denied.
8 Denied.
9 Denied as Plaintiff's failed to comply with Florida Statute § 627.7152.
10. Denied as Plaintiffs did not suffer a covered loss during the policy period.
356993,
Filing 143800760 BRANDON DAMES VS STATE FARM 05-2021-CA-057574-XXXX-XX
11. Denied.
12. Denied.
13. Denied.
AFFIRMATIVE DEFENSES
FIRST AFFIRMATIVE DEFENSE
Defendant affirmatively avers that plaintiff's claims are limited to and barred by the
terms of the policy under which plaintiff brings this lawsuit.
SECOND AFFIRMATIVE DEFENSE
Defendant affirmatively avers that Plaintiffs claims are limited to and barred by the
terms of the policy under which Plaintiff bring this lawsuit, specifically section 1.f. Losses Not
Insured.
1. We will not pay for any loss to the property described in Coverage A that
consists of, or is directly and immediately caused by, one or more of the perils
listed in items a. through m. below, regardless of whether the loss occurs abruptly
or gradually, involves isolated or widespread damage, arises from natural or
external forces, or occurs as a result of any combination of these:
f. seepage or leakage of water, steam, or sewage that occurs or develops over a
period of time:
(1) and is:
(a) continuous;
(b) repeating;
(c) gradual;
(d) intermittent;
(e) slow; or
(f) trickling; and
(2) from a:
(a) heating, air conditioning, or automatic fire protective sprinkler
system;
(b) household appliance; or
(c) plumbing system, including from, within or around any shower
stall, shower bath, tub installation, or other plumbing fixture, including
their walls, ceilings, or floors.
We also will not pay for losses arising from condensation or the presence of humidity,
moisture, or vapor that occurs or develops over a period of time;
356993
Filing 143800760 BRANDON DAMES VS STATE FARM 05-2021-CA-057574-XXXX-XX
Plaintiff's purported damages are not covered under the subject policy. As such, Plaintiff
has not suffered a covered loss. To the extent Plaintiff's claimed damages are based on seepage
or leakage of water, steam, or sewage that occurs or develops over a period of time, Defendant
has no duty to cover such claimed damages.
THIRD AFFIRMATIVE DEFENSE
Defendant affirmatively avers that Plaintiff's claims are limited to and barred by the
terms of the policy under which Plaintiff bring this lawsuit, specifically section 1.g. Losses Not
Insured.
1. We will not pay for any loss to the property described in Coverage A that
consists of, or is directly and immediately caused by, one or more of the perils
listed in items a. through m. below, regardless of whether the loss occurs abruptly
or gradually, involves isolated or widespread damage, arises from natural or
external forces, or occurs as a result of any combination of these:
g. wear, tear, decay, marring, scratching, deterioration, inherent vice,
latent defect, or mechanical breakdown;
Plaintiff's purported damages are not covered under the subject policy. As such, Plaintiff
has not suffered a covered loss. To the extent Plaintiffs claimed damages are based on wear,
tear, decay, marring, scratching, deterioration, inherent vice, latent defect, mechanical
breakdown, settling, cracking, shrinking, bulging, or expansion of pavements, patios,
foundations (including slabs, basement walls, crawl space walls, and footings), walls, floors,
roofs, or ceilings, Defendant has no duty to cover such claimed damages.
FOURTH AFFIRMATIVE DEFENSE
Defendant affirmatively avers that Plaintiffs claims are limited to and barred by the
terms of the policy under which Plaintiff bring this lawsuit, specifically section 3.a. and b.
3. We will not pay for, under any part of this policy, any loss consisting of one or
more of the items below. Further, we will not pay for any loss described in
paragraphs 1. and 2. immediately above regardless of whether one or more of the
356993
Filing 143800760 BRANDON DAMES VS STATE FARM 05-2021-CA-057574-XXXX-XX
following: (a) directly or indirectly cause, contribute to, or aggravate the loss; or
(b) occur before, at the same time, or after the loss or any other cause of the loss:
a. conduct, act, failure to act, or decision of any person, group,
organization, or governmental body whether intentional, wrongful,
negligent, or without fault;
b. defect, weakness, inadequacy, fault, or unsoundness in:
(1) planning, zoning, development, surveying, or siting;
(2) design, specifications, workmanship, repair, construction,
renovation, remodeling, grading, or compaction;
(3) materials used in repair, construction, renovation, remodeling,
grading, or compaction; or
(4) maintenance;;
Plaintiff's purported damages are not covered under the subject policy. As such, Plaintiff
has not suffered a covered loss. To the extent Plaintiff's claimed damages are based on conduct,
act, failure to act, or decision of any person, group, organization, or governmental body whether
intentional, wrongful, negligent, or without fault or defect, weakness, inadequacy, fault, or
unsoundness in maintenance, Defendant has no duty to cover such claimed damages.
DEMAND FOR JURY TRIAL
Defendant demands trial by jury on all issues so triable.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and accurate copy of the above and foregoing has been
furnished by E-Mail to Thomas L. Morelli, Esq., Attorney for the Plaintiff, (tom@morelli-
law.com; admin@morelli-law.com, MORELLI LAW PLLC, 132 W. Plant Street, Suite 230,
Winter Garden, FL, 34787) this February 11, 2022.
By: /s/ Dale L. Parker
Dale L. Parker, Esquire
Banker Lopez Gassler P.A.
360 Central Avenue, Suite 700
St. Petersburg, FL 33701
service-dparker@bankerlopez.com
Phone: (727) 825-3600
Fax: (727) 821-1968
FBN: 896845
356993
Filing 143800760 BRANDON DAMES VS STATE FARM 05-2021-CA-057574-XXXX-XX
Attorney for the Defendant
356993
Filing 143800760 BRANDON DAMES VS STATE FARM 05-2021-CA-057574-XXXX-XX
Preview
Filing # 143800760 E-Filed 02/11/2022 04:57:09 PM IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, STATE OF FLORIDA CIVIL DIVISION BRANDON AND ASHLEY DAMES, Plaintiffs, Vv. CASE NO.: 2021-CA-057574-XXXX-XX STATE FARM FLORIDA INSURANCE COMPANY, Defendant. / ANSWER AND AFFIRMATIVE DEFENSES OF DEFENDANT. STATE FARM FLORIDA INSURANCE COMPANY DEFENDANT, STATE FARM FLORIDA INSURANCE COMPANY (“State Farm”), by and through undersigned counsel, files this Answer and Affirmative Defenses to Plaintiffs’ Complaint and states: 1 Admitted for jurisdictional purposes only. 2. Admitted. Admitted. Admitted State Farm issued a policy of insurance to the insureds. Denied. Admitted Plaintiffs notified Defendant of a purported loss. Denied Plaintiffs suffered a covered loss during the policy period. Admitted a claim number was assigned. Otherwise denied. 8 Denied. 9 Denied as Plaintiff's failed to comply with Florida Statute § 627.7152. 10. Denied as Plaintiffs did not suffer a covered loss during the policy period. 356993, Filing 143800760 BRANDON DAMES VS STATE FARM 05-2021-CA-057574-XXXX-XX 11. Denied. 12. Denied. 13. Denied. AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE Defendant affirmatively avers that plaintiff's claims are limited to and barred by the terms of the policy under which plaintiff brings this lawsuit. SECOND AFFIRMATIVE DEFENSE Defendant affirmatively avers that Plaintiffs claims are limited to and barred by the terms of the policy under which Plaintiff bring this lawsuit, specifically section 1.f. Losses Not Insured. 1. We will not pay for any loss to the property described in Coverage A that consists of, or is directly and immediately caused by, one or more of the perils listed in items a. through m. below, regardless of whether the loss occurs abruptly or gradually, involves isolated or widespread damage, arises from natural or external forces, or occurs as a result of any combination of these: f. seepage or leakage of water, steam, or sewage that occurs or develops over a period of time: (1) and is: (a) continuous; (b) repeating; (c) gradual; (d) intermittent; (e) slow; or (f) trickling; and (2) from a: (a) heating, air conditioning, or automatic fire protective sprinkler system; (b) household appliance; or (c) plumbing system, including from, within or around any shower stall, shower bath, tub installation, or other plumbing fixture, including their walls, ceilings, or floors. We also will not pay for losses arising from condensation or the presence of humidity, moisture, or vapor that occurs or develops over a period of time; 356993 Filing 143800760 BRANDON DAMES VS STATE FARM 05-2021-CA-057574-XXXX-XX Plaintiff's purported damages are not covered under the subject policy. As such, Plaintiff has not suffered a covered loss. To the extent Plaintiff's claimed damages are based on seepage or leakage of water, steam, or sewage that occurs or develops over a period of time, Defendant has no duty to cover such claimed damages. THIRD AFFIRMATIVE DEFENSE Defendant affirmatively avers that Plaintiff's claims are limited to and barred by the terms of the policy under which Plaintiff bring this lawsuit, specifically section 1.g. Losses Not Insured. 1. We will not pay for any loss to the property described in Coverage A that consists of, or is directly and immediately caused by, one or more of the perils listed in items a. through m. below, regardless of whether the loss occurs abruptly or gradually, involves isolated or widespread damage, arises from natural or external forces, or occurs as a result of any combination of these: g. wear, tear, decay, marring, scratching, deterioration, inherent vice, latent defect, or mechanical breakdown; Plaintiff's purported damages are not covered under the subject policy. As such, Plaintiff has not suffered a covered loss. To the extent Plaintiffs claimed damages are based on wear, tear, decay, marring, scratching, deterioration, inherent vice, latent defect, mechanical breakdown, settling, cracking, shrinking, bulging, or expansion of pavements, patios, foundations (including slabs, basement walls, crawl space walls, and footings), walls, floors, roofs, or ceilings, Defendant has no duty to cover such claimed damages. FOURTH AFFIRMATIVE DEFENSE Defendant affirmatively avers that Plaintiffs claims are limited to and barred by the terms of the policy under which Plaintiff bring this lawsuit, specifically section 3.a. and b. 3. We will not pay for, under any part of this policy, any loss consisting of one or more of the items below. Further, we will not pay for any loss described in paragraphs 1. and 2. immediately above regardless of whether one or more of the 356993 Filing 143800760 BRANDON DAMES VS STATE FARM 05-2021-CA-057574-XXXX-XX following: (a) directly or indirectly cause, contribute to, or aggravate the loss; or (b) occur before, at the same time, or after the loss or any other cause of the loss: a. conduct, act, failure to act, or decision of any person, group, organization, or governmental body whether intentional, wrongful, negligent, or without fault; b. defect, weakness, inadequacy, fault, or unsoundness in: (1) planning, zoning, development, surveying, or siting; (2) design, specifications, workmanship, repair, construction, renovation, remodeling, grading, or compaction; (3) materials used in repair, construction, renovation, remodeling, grading, or compaction; or (4) maintenance;; Plaintiff's purported damages are not covered under the subject policy. As such, Plaintiff has not suffered a covered loss. To the extent Plaintiff's claimed damages are based on conduct, act, failure to act, or decision of any person, group, organization, or governmental body whether intentional, wrongful, negligent, or without fault or defect, weakness, inadequacy, fault, or unsoundness in maintenance, Defendant has no duty to cover such claimed damages. DEMAND FOR JURY TRIAL Defendant demands trial by jury on all issues so triable. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and accurate copy of the above and foregoing has been furnished by E-Mail to Thomas L. Morelli, Esq., Attorney for the Plaintiff, (tom@morelli- law.com; admin@morelli-law.com, MORELLI LAW PLLC, 132 W. Plant Street, Suite 230, Winter Garden, FL, 34787) this February 11, 2022. By: /s/ Dale L. Parker Dale L. Parker, Esquire Banker Lopez Gassler P.A. 360 Central Avenue, Suite 700 St. Petersburg, FL 33701 service-dparker@bankerlopez.com Phone: (727) 825-3600 Fax: (727) 821-1968 FBN: 896845 356993 Filing 143800760 BRANDON DAMES VS STATE FARM 05-2021-CA-057574-XXXX-XX Attorney for the Defendant 356993 Filing 143800760 BRANDON DAMES VS STATE FARM 05-2021-CA-057574-XXXX-XX