On July 03, 202 a
No Value
was filed
involving a dispute between
Raphael, Ruth,
and
Universal Property & Casualty Insurance Company,
for Insurance Claim
in the District Court of Charlotte County.
Preview
Filing # 179603317 E-Filed 08/14/2023 04:14:44 PM
IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT,
IN AND FOR CHARLOTTE COUNTY, FLORIDA
CASE NO.: 23-001967-CA
RUTH RAPHAEL,
PLAINTIFF,
Vv.
UNIVERSAL PROPERTY & CASUALTY
INSURANCE COMPANY,
DEFENDANT.
/
PLAINTIFF’S REPLY TO DEFENDANT’S AFFIRMATIVE DEFENSES
Plaintiff, RUTH RAPHAEL (‘Plaintiff’) by and through undersigned counsel, and
pursuant to Florida law, hereby files this Reply to the “Answer and Affirmative Defenses to
Plaintiff's Complaint” served by Defendant, UNIVERSAL PROPERTY & CASUALTY
INSURANCE COMPANY (“Defendant”), upon Plaintiff on August 14, 2023. In Support
thereof, Plaintiff hereby states as follows:
1 All Affirmative Defenses (implied or otherwise stated, numbered one through
eighteen) are denied and strict proof of same are hereby demanded. An Affirmative Defense is a
“confession and avoidance,” in which the Defendant admits the allegations of the complaint but
alleges additional facts that avoid the legal effect of the confessions (a standard not met by
Defendant in this action). Moore Meats, Inc. v. Strawn, 313 So.2d 660 (Fla. 9175); Kitchen v.
Kitchen, 404 So.2d 203 (Fla 2d DCA 1981). Further, “[c]ertainty is required when fact is legally
insufficient.” Cady v. Chevy Chase Sav. And Loan, Inc., 528 So.2d 136, 138 (Fla. 4th DCA
1988) (citing Bliss v. Carmona, 418 So.2d 1017, 1019 (Fla. 3™ DCA 1982)); 40 Fla. Jur. 2d
Pleadings §§ 28, 33 (1982).
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on August 14, 2023 a true and correct copy of the
foregoing has been furnished via E-service to: Royce B. Badger, Jr., Esq.,
upciceservice01@universalproperty.com, th0322@universalproperty.com,
rb0503@universalproperty.com and Samantha Ram, Esq., agl130@universalproperty.com.
sr0221@universalproperty.com
By: s/ Oren Reich
Mordechai L. Breier, Esq.
Florida Bar No.: 0088186
Oren Reich, Esq.
Florida Bar No.: 0103371
CONSUMER LAW OFFICE, P.A.
16801 NE 6" Ave.
North Miami Beach, FL 33162
Phone: (305) 940-0924 | Fax: (305) 602-8204
E-service: service@myconsumerlawoffice.com
E-mail: oreich@myconsumerlawoffice.com
Document Filed Date
January 02, 2024
Case Filing Date
July 03, 202
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