Preview
Filing # 166788083 E-Filed 02/14/2023 03:16:23 PM
IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT
DUVAL COUNTY, FLORIDA
ANGELA JORDAN & KETERYNA
SHEREMET CASE NO. 16-2022-CA-006036
Plaintiffs,
vs.
SECURITY FIRST INSURANCE COM-
PANY,
Defendant.
____________________________________/
DEFENDANT’S MOTION TO HAVE DEFENDANT’S REQUEST FOR ADMISSIONS
TO PLAINTIFF DEEMED ADMITTED
COMES NOW, Defendant, SECURITY FIRST INSURANCE COMPANY, by and
through its undersigned counsel, and pursuant to Fla. R. Civ. P. 1.370, hereby files this Motion to
Have Defendant’s Request for Admissions to Plaintiff Deemed Admitted, and in support thereof,
state as follows:
1. On or about October 24, 2022, Plaintiff filed their Complaint against Defendant alleging
breach of contract.
2. On or about December 8, 2022 Defendant initially propounded a Request for Admission
upon the Plaintiff. See Defendant’s Request for Admissions attached hereto as Exhibit
“A.”
3. Plaintiff has failed to respond to the Defendant’s Request for Admission within the time
allowed.
4. Pursuant to F.R.C.P. 1.370(a), where a request for admission is served on a party:
ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 02/15/2023 01:26:27 PM
“The matter is admitted unless the party to whom the request is directed serves upon
the party requesting admissions a written answer or objection addresses to the matter
within 30 days after the service of the request[.]”
5. Moreover, “a request for admission is deemed admitted unless the party to whom a request
is directed serves a written answer or objection.” Miles v. Robinson ex rel. Estate of Knight,
803 So. 864, 865 (Fla. 4th DCA 2002); Moran v. Thompson, 427 So. 2d 1134 (Fla. 5th DCA
1983)(Unless a timely answer or objection is filed, the requested matter is conclusively
admitted and established).
6. The Plaintiff has failed to timely respond to the Request for Admissions, Defendant’s ad-
missions should be deemed admitted under the aforementioned rule and all objections by
Plaintiff should be deemed waived.
WHEREFORE, Defendant respectfully requests this Court enter an order granting De-
fendant’s Motion and deeming Plaintiff’s objections waived, as well as any further relief this Court
deems just and proper.
[CERTIFICATE OF SERVICE IS ON THE FOLLOWING PAGE]
CERTIFICATE OF SERVICE
The document contains no confidential or sensitive information or that any such confiden-
tial or sensitive language has been properly protected by complying with the provisions of Rule
2.420 and 2.425.
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
Electronic Filing to Attorney for Plaintiff, using the Florida Courts e-Filing Portal, which will send
an automatic e-mail message to the listed parties registered with the e-Filing Portal system on the
14 day of February, 2023.
Attorney for Plaintiff
David R. Heil, Esq. FBN: 435422
DAVID R. HEIL, P.A.
2324 Lee Road
Winter Park, FL 32789
(407) 599-2100
Email: pleadings@heil-law.com david@heil-law.com
By/s/ David. G. Marcus.
David G. Marcus, Esquire
1001 Broadway Avenue
Ormond Beach, Florida 32174
Florida Bar No. 1017428
Primary E-Mail: David.Marcus@securityfirstflorida.com
Secondary E-Mail: Cathy.Myers@securityfirstflorida.com
Alternate E-Mail: Veronica.Hatch@securityfirstflorida.com
Attorney for Defendant
SECURITY FIRST INSURANCE COMPANY
EXHIBIT “A”
Filing # 162651162 E-Filed 12/08/2022 12:28:14 PM
IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT
DUVAL COUNTY, FLORIDA
ANGELA JORDAN & KETERYNA
SHEREMET CASE NO. 16-2022-CA-006036
Plaintiffs,
vs.
SECURITY FIRST INSURANCE
COMPANY,
Defendant.
____________________________________/
DEFENDANT’S REQUEST FOR ADMISSIONS
Defendant, SECURITY FIRST INSURANCE COMPANY, by and through the
undersigned counsel and pursuant to Florida Rule of Civil Procedure 1.370, request(s) Plaintiff,
to admit in this
INSTRUCTIONS AND DEFINITIONS
A. “You”, “Your”, “Plaintiff” or “Plaintiffs” means, the Plaintiff in this action
and all agents of same, and any other agents, employees, members, representatives, subsidiaries,
investigators, or other persons acting or purporting to act on behalf of Security First and its
attorneys.
B. “Document” or “Documents” is used in its broadest sense and refers to the original, or
any copy thereof if the original is not available, of any printed, written, typed, photocopied,
photographic, or recorded matter, electronically stored information on computers and computer
disks, including floppy disks, E-Mails, CD Rom, however produced or reproduced, of every kind
and description, currently or formerly in the possession, custody, care or control of Plaintiff, or
its part or present attorneys, or of which any of these persons has knowledge, including but not
limited to, charges, claims, correspondence, memoranda, minutes, notes, audio and video tapes,
diaries, reports, appointment books, summaries, agreements, invoices, charge slips, receipts,
books of account, vouchers, bank checks, working papers, summaries or other reports or notes of
conferences, meetings, visits, discussions, or telephone conversations, and all papers similar to
the foregoing, however denominated and wherever located. The term “document” also includes
copies containing information in addition to that contained in the original.
C. “Relates to” or “relating to” means to constitute, refer to, reflect mention, evidence,
concern, pertain to, summarize, analyze, or in any way logically or factually associate with the
matter discussed.
D. “And” and “or” shall be construed disjunctively or conjunctively as necessary to bring
within the conjunctive and vice versa as necessary to being within the scope of this request
documents that might otherwise be outside its scope.
E. “Any” includes the word “all” and “all” includes the word “any.” The disjunctive
includes the conjunctive and vice versa as necessary to being within the scope of this request
documents that might otherwise be beyond its scope.
F. “Possession”, “custody”, or “control” of the documents means possession, custody, or
control by Plaintiff, including its attorneys, representatives, subsidiaries, affiliated companies,
agents, and all other persons acting or purporting to act on its behalf.
G. “Correspondence” shall mean any transfer or exchange between two or more persons of
any information, whether written or oral means, including, but not limited to, personal
conversations, E-Mail, telephone calls, telegrams, facsimile transmissions, computer data
transmissions and telexes.
H. “Notes” when the context of the request refers to correspondence or other forms of
communications, shall mean any transfer or exchange between two or more persons of any
information, whether by written or oral means, including, but not limited to, personal
conversations, E-Mail, telephone calls, telegrams, facsimile transmissions, computer data
transmissions and telexes.
I. “Memorandum” shall mean any transfer or exchange between two or more persons of
any information, whether by written or oral means, including, but not limited to, personal
conversations, E-Mail, telephone calls, telegrams, facsimile transmissions, computer data
transmissions and telexes.
J. “Regarding” in addition to its customary and usual meaning, shall mean referring to,
describing depicting, evidencing, constituting, concerning, embodying, reflecting, identifying or
in any way pertaining to the subject, directly or indirectly.
K. The singular number of masculine genders as used herein shall embrace, and be read
and applied as, the plural or feminine or the neuter, as the circumstances may make appropriate,
and to make the request inclusive rather than exclusive.
L. Unless otherwise provided herein, each word or term shall have the meaning ascribed to
it in Webster’s Ninth New Collegiate Dictionary.
REQUEST FOR ADMISSIONS
Defendant, SECURITY FIRST INSURANCE COMPANY, (herein after referred to as
“Security First”), by and through the undersigned counsel and pursuant to Florida Rule of Civil
Procedure 1.370, hereby requests the Plaintiff(s) to admit, in this action, that each of the
following statements are true:
1. Admit that Plaintiff(s) alleged date of loss of August 4, 2020 for claim 231233 was not
reported until May 30 2022.
2. Admit that Plaintiff(s) notification to Defendant of the alleged loss from Request #1
herein was not deemed prompt and/or timely.
3. Admit that a permit was issued for the subject property since the reported date of loss
indicated in the above styled case’s Complaint / Statement of Claim.
4. Admit that Defendant provided a full and complete copy of the policy, policy number
P000293979 at the onset of the policy term and prior to the reported date of loss indicated
in the above styled case’s Complaint / Statement of Claim.
5. Admit that the alleged damages claimed pre-existed the reported date of loss.
6. Admit Plaintiff did not take reasonable measures to mitigate the damages upon noticing
the loss and before reporting to the Defendant.
7. Admit Plaintiff did not take reasonable action to retain the alleged damaged property for
Defendant to inspect.
8. Admit Defendant has no duty to provide coverage under the Policy in a case of loss to the
covered property when the insured failed to comply with their duties after the loss that is
deemed prejudicial to the Defendant.
9. Admit that between the purported loss occurring at the insured property and at the time of
filing the above styled suit, no repairs and/or replacements were performed at the insured
Property.
10. Admit that the Plaintiff(s) are not claiming that any personal contents were damaged as a
result of the purported loss occurring at the insured property.
11. Admit that the Plaintiff(s) are not claiming interior damage as a result of the purported
loss occurring at the insured property.
12. Admit that the Plaintiff(s) are not claiming entitlement to additional living expenses as a
result of the purported loss occurring at the insured property.
13. Admit that any damage to the subject property in the above styled lawsuit, to the extent it
exists, occurred prior to start of the policy term.
14. Admit the Insured has no photographs or videos of the damaged areas of the Property
from the time the Insured discovered the damage and when you notified the Defendant of
said loss.
15. Admit that the subject home insurance policy specifically excludes losses which are the
result of faulty, inadequate, or defective design, specifications, workmanship, repair,
construction, renovation, remodeling, grading or compaction.
16. Admit that the roof has not been replaced for the subject property since the date of loss
indicated in the above styled case’s Complaint / Statement of Claim.
17. Admit that any and/or all damage, which the Insured associates with the alleged loss,
occurred on the subject property did not result from wind and/or hail.
18. Admit that the damages to the subject property, which the insured associates with an
alleged loss, were the result of faulty, inadequate or defective maintenance prior to the
reported date of loss.
19. Admit that the damages to the subject property, which the insured associates with an
alleged loss, were the result of marring or wear and tear prior to the reported date of loss.
20. Admit that the damages to the subject property, which the insured associates with an
alleged loss, were the result of improper installation prior to the reported date of loss.
21. Admit that the damages to the subject property, which the insured associates with an
alleged loss, were not the result of Wind prior to the reported date of loss.
22. Admit that the roof of the subject property does not need to be replaced as a result of the
reported loss that is the subject of the above styled lawsuit.
23. Admit that an unsolicited person representing a roofing company or contracting business
approached or made aware to the Insured of any alleged potential damage to the subject
property that is subject of the above styled lawsuit.
CERTIFICATE OF SERVICE
The document contains no confidential or sensitive information or that any such
confidential or sensitive language has been properly protected by complying with the provisions
of Rule 2.420 and 2.425.
I HEREBY CERTIFY that a true and correct copy of the foregoing defendant’s Request
for Admissions to Plaintiff has been furnished by Electronic Filing to Attorney for Plaintiff using
the Florida Courts e-Filing Portal, which will send an automatic e-mail message to the listed
parties registered with the e-Filing Portal system, on the 8 day of December, 2022.
Attorney for Plaintiff
David R. Heil, Esq. FBN: 435422
DAVID R. HEIL, P.A.
2324 Lee Road
Winter Park, FL 32789
(407) 599-2100
Email: pleadings@heil-law.com david@heil-law.com
By/s/ David. G. Marcus.
David G. Marcus, Esquire
1001 Broadway Avenue
Ormond Beach, Florida 32174
Florida Bar No. 1017428
Primary E-Mail: David.Marcus@securityfirstflorida.com
Secondary E-Mail: Cathy.Myers@securityfirstflorida.com
Alternate E-Mail: Veronica.Hatch@securityfirstflorida.com
Attorney for Defendant
SECURITY FIRST INSURANCE COMPANY
Preview
Filing # 166788083 E-Filed 02/14/2023 03:16:23 PM IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT DUVAL COUNTY, FLORIDA ANGELA JORDAN & KETERYNA SHEREMET CASE NO. 16-2022-CA-006036 Plaintiffs, vs. SECURITY FIRST INSURANCE COM- PANY, Defendant. ____________________________________/ DEFENDANT’S MOTION TO HAVE DEFENDANT’S REQUEST FOR ADMISSIONS TO PLAINTIFF DEEMED ADMITTED COMES NOW, Defendant, SECURITY FIRST INSURANCE COMPANY, by and through its undersigned counsel, and pursuant to Fla. R. Civ. P. 1.370, hereby files this Motion to Have Defendant’s Request for Admissions to Plaintiff Deemed Admitted, and in support thereof, state as follows: 1. On or about October 24, 2022, Plaintiff filed their Complaint against Defendant alleging breach of contract. 2. On or about December 8, 2022 Defendant initially propounded a Request for Admission upon the Plaintiff. See Defendant’s Request for Admissions attached hereto as Exhibit “A.” 3. Plaintiff has failed to respond to the Defendant’s Request for Admission within the time allowed. 4. Pursuant to F.R.C.P. 1.370(a), where a request for admission is served on a party: ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 02/15/2023 01:26:27 PM “The matter is admitted unless the party to whom the request is directed serves upon the party requesting admissions a written answer or objection addresses to the matter within 30 days after the service of the request[.]” 5. Moreover, “a request for admission is deemed admitted unless the party to whom a request is directed serves a written answer or objection.” Miles v. Robinson ex rel. Estate of Knight, 803 So. 864, 865 (Fla. 4th DCA 2002); Moran v. Thompson, 427 So. 2d 1134 (Fla. 5th DCA 1983)(Unless a timely answer or objection is filed, the requested matter is conclusively admitted and established). 6. The Plaintiff has failed to timely respond to the Request for Admissions, Defendant’s ad- missions should be deemed admitted under the aforementioned rule and all objections by Plaintiff should be deemed waived. WHEREFORE, Defendant respectfully requests this Court enter an order granting De- fendant’s Motion and deeming Plaintiff’s objections waived, as well as any further relief this Court deems just and proper. [CERTIFICATE OF SERVICE IS ON THE FOLLOWING PAGE] CERTIFICATE OF SERVICE The document contains no confidential or sensitive information or that any such confiden- tial or sensitive language has been properly protected by complying with the provisions of Rule 2.420 and 2.425. I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by Electronic Filing to Attorney for Plaintiff, using the Florida Courts e-Filing Portal, which will send an automatic e-mail message to the listed parties registered with the e-Filing Portal system on the 14 day of February, 2023. Attorney for Plaintiff David R. Heil, Esq. FBN: 435422 DAVID R. HEIL, P.A. 2324 Lee Road Winter Park, FL 32789 (407) 599-2100 Email: pleadings@heil-law.com david@heil-law.com By/s/ David. G. Marcus. David G. Marcus, Esquire 1001 Broadway Avenue Ormond Beach, Florida 32174 Florida Bar No. 1017428 Primary E-Mail: David.Marcus@securityfirstflorida.com Secondary E-Mail: Cathy.Myers@securityfirstflorida.com Alternate E-Mail: Veronica.Hatch@securityfirstflorida.com Attorney for Defendant SECURITY FIRST INSURANCE COMPANY EXHIBIT “A” Filing # 162651162 E-Filed 12/08/2022 12:28:14 PM IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT DUVAL COUNTY, FLORIDA ANGELA JORDAN & KETERYNA SHEREMET CASE NO. 16-2022-CA-006036 Plaintiffs, vs. SECURITY FIRST INSURANCE COMPANY, Defendant. ____________________________________/ DEFENDANT’S REQUEST FOR ADMISSIONS Defendant, SECURITY FIRST INSURANCE COMPANY, by and through the undersigned counsel and pursuant to Florida Rule of Civil Procedure 1.370, request(s) Plaintiff, to admit in this INSTRUCTIONS AND DEFINITIONS A. “You”, “Your”, “Plaintiff” or “Plaintiffs” means, the Plaintiff in this action and all agents of same, and any other agents, employees, members, representatives, subsidiaries, investigators, or other persons acting or purporting to act on behalf of Security First and its attorneys. B. “Document” or “Documents” is used in its broadest sense and refers to the original, or any copy thereof if the original is not available, of any printed, written, typed, photocopied, photographic, or recorded matter, electronically stored information on computers and computer disks, including floppy disks, E-Mails, CD Rom, however produced or reproduced, of every kind and description, currently or formerly in the possession, custody, care or control of Plaintiff, or its part or present attorneys, or of which any of these persons has knowledge, including but not limited to, charges, claims, correspondence, memoranda, minutes, notes, audio and video tapes, diaries, reports, appointment books, summaries, agreements, invoices, charge slips, receipts, books of account, vouchers, bank checks, working papers, summaries or other reports or notes of conferences, meetings, visits, discussions, or telephone conversations, and all papers similar to the foregoing, however denominated and wherever located. The term “document” also includes copies containing information in addition to that contained in the original. C. “Relates to” or “relating to” means to constitute, refer to, reflect mention, evidence, concern, pertain to, summarize, analyze, or in any way logically or factually associate with the matter discussed. D. “And” and “or” shall be construed disjunctively or conjunctively as necessary to bring within the conjunctive and vice versa as necessary to being within the scope of this request documents that might otherwise be outside its scope. E. “Any” includes the word “all” and “all” includes the word “any.” The disjunctive includes the conjunctive and vice versa as necessary to being within the scope of this request documents that might otherwise be beyond its scope. F. “Possession”, “custody”, or “control” of the documents means possession, custody, or control by Plaintiff, including its attorneys, representatives, subsidiaries, affiliated companies, agents, and all other persons acting or purporting to act on its behalf. G. “Correspondence” shall mean any transfer or exchange between two or more persons of any information, whether written or oral means, including, but not limited to, personal conversations, E-Mail, telephone calls, telegrams, facsimile transmissions, computer data transmissions and telexes. H. “Notes” when the context of the request refers to correspondence or other forms of communications, shall mean any transfer or exchange between two or more persons of any information, whether by written or oral means, including, but not limited to, personal conversations, E-Mail, telephone calls, telegrams, facsimile transmissions, computer data transmissions and telexes. I. “Memorandum” shall mean any transfer or exchange between two or more persons of any information, whether by written or oral means, including, but not limited to, personal conversations, E-Mail, telephone calls, telegrams, facsimile transmissions, computer data transmissions and telexes. J. “Regarding” in addition to its customary and usual meaning, shall mean referring to, describing depicting, evidencing, constituting, concerning, embodying, reflecting, identifying or in any way pertaining to the subject, directly or indirectly. K. The singular number of masculine genders as used herein shall embrace, and be read and applied as, the plural or feminine or the neuter, as the circumstances may make appropriate, and to make the request inclusive rather than exclusive. L. Unless otherwise provided herein, each word or term shall have the meaning ascribed to it in Webster’s Ninth New Collegiate Dictionary. REQUEST FOR ADMISSIONS Defendant, SECURITY FIRST INSURANCE COMPANY, (herein after referred to as “Security First”), by and through the undersigned counsel and pursuant to Florida Rule of Civil Procedure 1.370, hereby requests the Plaintiff(s) to admit, in this action, that each of the following statements are true: 1. Admit that Plaintiff(s) alleged date of loss of August 4, 2020 for claim 231233 was not reported until May 30 2022. 2. Admit that Plaintiff(s) notification to Defendant of the alleged loss from Request #1 herein was not deemed prompt and/or timely. 3. Admit that a permit was issued for the subject property since the reported date of loss indicated in the above styled case’s Complaint / Statement of Claim. 4. Admit that Defendant provided a full and complete copy of the policy, policy number P000293979 at the onset of the policy term and prior to the reported date of loss indicated in the above styled case’s Complaint / Statement of Claim. 5. Admit that the alleged damages claimed pre-existed the reported date of loss. 6. Admit Plaintiff did not take reasonable measures to mitigate the damages upon noticing the loss and before reporting to the Defendant. 7. Admit Plaintiff did not take reasonable action to retain the alleged damaged property for Defendant to inspect. 8. Admit Defendant has no duty to provide coverage under the Policy in a case of loss to the covered property when the insured failed to comply with their duties after the loss that is deemed prejudicial to the Defendant. 9. Admit that between the purported loss occurring at the insured property and at the time of filing the above styled suit, no repairs and/or replacements were performed at the insured Property. 10. Admit that the Plaintiff(s) are not claiming that any personal contents were damaged as a result of the purported loss occurring at the insured property. 11. Admit that the Plaintiff(s) are not claiming interior damage as a result of the purported loss occurring at the insured property. 12. Admit that the Plaintiff(s) are not claiming entitlement to additional living expenses as a result of the purported loss occurring at the insured property. 13. Admit that any damage to the subject property in the above styled lawsuit, to the extent it exists, occurred prior to start of the policy term. 14. Admit the Insured has no photographs or videos of the damaged areas of the Property from the time the Insured discovered the damage and when you notified the Defendant of said loss. 15. Admit that the subject home insurance policy specifically excludes losses which are the result of faulty, inadequate, or defective design, specifications, workmanship, repair, construction, renovation, remodeling, grading or compaction. 16. Admit that the roof has not been replaced for the subject property since the date of loss indicated in the above styled case’s Complaint / Statement of Claim. 17. Admit that any and/or all damage, which the Insured associates with the alleged loss, occurred on the subject property did not result from wind and/or hail. 18. Admit that the damages to the subject property, which the insured associates with an alleged loss, were the result of faulty, inadequate or defective maintenance prior to the reported date of loss. 19. Admit that the damages to the subject property, which the insured associates with an alleged loss, were the result of marring or wear and tear prior to the reported date of loss. 20. Admit that the damages to the subject property, which the insured associates with an alleged loss, were the result of improper installation prior to the reported date of loss. 21. Admit that the damages to the subject property, which the insured associates with an alleged loss, were not the result of Wind prior to the reported date of loss. 22. Admit that the roof of the subject property does not need to be replaced as a result of the reported loss that is the subject of the above styled lawsuit. 23. Admit that an unsolicited person representing a roofing company or contracting business approached or made aware to the Insured of any alleged potential damage to the subject property that is subject of the above styled lawsuit. CERTIFICATE OF SERVICE The document contains no confidential or sensitive information or that any such confidential or sensitive language has been properly protected by complying with the provisions of Rule 2.420 and 2.425. I HEREBY CERTIFY that a true and correct copy of the foregoing defendant’s Request for Admissions to Plaintiff has been furnished by Electronic Filing to Attorney for Plaintiff using the Florida Courts e-Filing Portal, which will send an automatic e-mail message to the listed parties registered with the e-Filing Portal system, on the 8 day of December, 2022. Attorney for Plaintiff David R. Heil, Esq. FBN: 435422 DAVID R. HEIL, P.A. 2324 Lee Road Winter Park, FL 32789 (407) 599-2100 Email: pleadings@heil-law.com david@heil-law.com By/s/ David. G. Marcus. David G. Marcus, Esquire 1001 Broadway Avenue Ormond Beach, Florida 32174 Florida Bar No. 1017428 Primary E-Mail: David.Marcus@securityfirstflorida.com Secondary E-Mail: Cathy.Myers@securityfirstflorida.com Alternate E-Mail: Veronica.Hatch@securityfirstflorida.com Attorney for Defendant SECURITY FIRST INSURANCE COMPANY