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Filing# 174019776 E-Filed 05/25/2023 04:39:26 PM
IN THE CIRCUIT COURT OF THE
IRMA QURESHI, an individual, and 17th JUDICIAL CIRCUIT IN AND FOR
GEORGE GUERRERO, an individual, BROWARD COUNTY, FLORIDA
Plaintiffs, GENERAL JURISDICTION DIVISION
V CASE NO- CACE 2021-007238
UNIVERSAL PROPERTY & CASUALTY
INSURANCE COMPANY, a Florida
corporation,
Defendant.
i
PLAINTIFFS' NOTICE OF FILING
Irma Qureshi and George Guerrero, give notice of filingthe Trial Testimony
Plaintiffs,
Excerpt of Cross-Examination of Defendant in Opposition to Universal's Motion to Set Aside the
Verdict and Enter Judgment in Accordance with Defendant's Motion for Directed Verdict, and
by Defendant on March 9,2023), attached
Motion for Judgment Notwithstandingthe Verdict (filed
as Exhibit "A."
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 25th day of May 2023, a true and correct copy of this
document is being served on Ryan J. Galka, Esq.
UPCICeservice03@universalproperty.com;
at:
RG0714@universalproperty.com and BB 1008@universalproperty.com from Universal Property
& CasualtyInsurance Company, P.O. Box 9388 Fort Lauderdale, Florida 33309.
Respectfullysubmitted,
/sl Amy E. Ruiz
Amy E. Ruiz, FBN: 99129
ARuiz@RuizGetmanLaw.com
Steven J. Getman, FBN: 67198
SGetman@RuizGetmanLaw.com
Ruiz 1Getman Law, PLLC
6800 SW 40th Street,#394
Miami, Florida 33155
Telephone: 786.881.2261
Facsimile: 305.397.2760
Attorneysfor Plainti#s,Irma Qureshi & George
Guerre
RUIZ I GETMAN LAW, PLLC
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/25/2023 04:39:26 PM.****
1
1 IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT, IN
2 AND FOR BROWARD COUNTY, FLORIDA
3
CASE NO.: CACE21007238
4
5 Irma Qureshi, et al.,
6 Plaintiffs,
7 VS.
8 Universal Property & Casualty Insurance
Company,
9
Defendant.
10
1
11
12
Broward County Courthouse
13 201 S.E. 6th Street
Fort Lauderdale, Florida
14 February 21, 2023
15
16 EXCERPT TRANSCRIPT OF
JIMMY CASAS' TESTIMONY
17
18
19 The above-entitled cause came on for
20 hearing before the Honorable Judge David A. Haimes,
21 before Ashley Mufioz, Florida Professional Reporter,
22 Notary Public for the State of Florida at Large.
23
24
25
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1 mold, and I would say that's absolutely correct.
2 But as we sit here today, there's perils
3 under the policy, and it will tell you -- better
4 yet, it's actually in a different section of the
5 policy that goes into the mold. It's not even part
6 of the body of the policy itself. That's why I was
7 saying it doesn't trigger additional living
8 expenses.
9 Q. So sir, are you -- is it your
okay.
10 position that Universal is denying the water damage
11 claim?
12 A. We haven't confirmed that there's a
13 claim, correct. We haven't been able to deny it
14 because you filed suit before we even denied it.
15 We're investigating what you were claiming.
16 Q. Let's talk about that, sir. So
okay.
17 are you say that it's not denied?
18 A. We didn't send out a denial letter. You
19 filed suit before we even finished the
20 investigation on the stuff that you requested.
21 Q. Is it your testimony that today, well,
22 when we filed suit for this lawsuit, that was the
23 first time that you were ever aware -- you as
24 Universal was ever aware that the insureds were
25 making a water damage claim?
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1 A. No. I believe it was within your letter
2 of representation, they became aware of water loss.
3 Q. And when was that? What date was
okay.
4 that, the very first one?
5 A. February 18th, or refresh my memory.
6 Q. No, I'll show you. No problem.
7 A. Thank you.
8 Q. I'll show you what is in evidence as
9 Exhibit 4. Is this the letter that
10 you're referring to?
11 A. I can't see anything. I'm sorry. No,
12 meaning the monitor is off.
13 MS. RUIZ: Your Honor, sorry.
14 THE COURT: There you go.
15 BY MS. RUIZ:
16 Q. So is this the letter you're referring
17 to?
18 A. The January 7th, okay. Yes.
19 Q. So are you saying January 7th, 2021, was
20 the first time you were made aware that your
21 insureds were claiming water loss in their guest
22 bathroom for the damage that they claimed to you?
23 A. Correct.
24 Q. What did you do after January 7th
okay.
25 to try to investigate the water loss claim?
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1 A. Excuse me. So we already established
2 that there are a lot of e-mails in
3 Q. I'm asking a very specific question.
4 MS. GALKA: Let him finish his answer.
5 THE COURT: Overruled. Listen to the
6 question. And on redirect, follow-up. Listen
7 to the question and answer the question.
8 BY MS. RUIZ:
9 Q. What did you do investigate the water
10 loss claim that you allege you received for the
11 first time on January 7th, 2021?
12 A. Universal has been waiting for documents
13 requested from the insured.
14 Q. What did you do when you were put on
15 notice on January 7th, 2021, to investigate the
16 water loss claim that you claim you received that
17 day for the first time ever?
18 MS. GALKA: Your Honor, objection.
19 Asked and answered.
20 THE COURT: Overruled.
21 THE WITNESS: Once again, Universal has
22 been waiting for documents in regards to the
23 water loss.
24 BY MS. RUIZ:
25 Q. What did you do investigate it, sir?
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1 A. Well, at that point, there was nothing
2 that Universal was doing other than waiting for
3 documents they had requested.
4 Q. What documents did you request for the
5 water loss claim?
6 A. Plumbing invoice.
7 Q. After January 7th?
8 A. No. We still haven't received the
9 pluming invoice that indicates that a plumbing
10 repair took place. If you can show me a plumbing
11 invoice right now that it says we fixed the
12 plumbing work repair or a photo of the damage.
13 Q. Sir, you're not responsive to my
14 question. I'm sorry. Please answer my question.
15 When did you make a request to investigate for
16 documents after January 7th, 2021 for this water
17 loss claim that you supposedly learned for the
18 first time on January 7th?
19 MS. GALKA: Your Honor, objection.
20 Argumentative. Disregard the commentary.
21 THE COURT: Overruled.
22 THE WITNESS: No additional requested.
23 BY MS. RUIZ:
24 Q. Universal didn't do anything, right?
25 That's the answer, right?
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1 MS. GALKA: Objection, Your Honor.
2 Argumentative.
3 THE COURT: Sustained. Let's move on.
4 BY MS. RUIZ:
5 Q. Did Universal do anything after
6 January 7th?
7 A. No.
8 Q. So what documents did you ask them for?
9 Nothing, right?
10 MS. GALKA: Objection.
11 THE COURT: Sustained. Let's move on.
12 BY MS. RUIZ:
13 Q. All right. My co-counsel was nice
14 enough to find me the section of the policy on
15 Page 9 of 34 of what's in evidence as Exhibit 1.
16 All right. Mr. Casas, is this the additional
17 living expenses section in the policy?
18 A. Yes, it is.
19 Q. So this is under Coverage D,
okay.
20 which is a separate part of the policy, correct?
21 A. Correct.
22 Q. Oh. Let me ask you. And just to read
23 it, if you can read - I'll just ask you. The
24 Additional Living Expense provision says, "If a
25 loss covered under Section 1 makes that part of the
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1 residents' premises where you reside not fit to
2 live in, we cover the additional living expenses,
3 meaning any necessary increase in living expenses
4 incurred by you so that your household can maintain
5 its normal standard of living.
6 "Payment will be for the shortest time
7 required to repair or replace the damage or if you
8 permanently relocate, the shortest time required
9 household the settle elsewhere."
10 Is that an accurate reading of that
11 provision?
12 A. It is.
13 Q. And Universal did not pay
okay.
14 anything for the additional living expenses, right?
15 A. That is correct.
16 Q. And you did receive those documents for
17 the additional living expenses, didn't you?
18 A. Yes, we did.
19 Q. And you didn't pay on it?
20 A. No, we didn't.
21 Q. So you're saying, is it covered or is it
22 denied?
23 A. Once again, we haven't triggered any
24 perils in the open to trigger the additional living
25 expenses, ma am.
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1 Q. Are the additional living expenses
2 covered under this claim or is Universal denying
3 the payment of this claim under the Additional
4 Living Expenses provision?
5 A. It's not being covered because there S
6 not a peril insured against that would trigger
7 that.
8 Q. All right. I know you also
okay.
9 mentioned on direct that you take the insured's
10 word. Do you remember say that, you take the
11 insured's word and you rely on their word to
12 investigate the claim, like you don't question it,
13 right?
14 A. We'11 take their word for what they are
15 claiming, correct. We give the insured the
16 benefit.
17 Q. But in this case, you didn't take their
18 word for it when it didn't help you out. I'll
19 explain.
20 MS. GALKA: Argumentative.
21 THE COURT: Sustained.
22 Rephrase the question.
23 BY MS. RUIZ:
24 Q. You didn't take your insured's word for
25 it in this claim, when they told you they had
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Filing# 174019776 E-Filed 05/25/2023 04:39:26 PM IN THE CIRCUIT COURT OF THE IRMA QURESHI, an individual, and 17th JUDICIAL CIRCUIT IN AND FOR GEORGE GUERRERO, an individual, BROWARD COUNTY, FLORIDA Plaintiffs, GENERAL JURISDICTION DIVISION V CASE NO- CACE 2021-007238 UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, a Florida corporation, Defendant. i PLAINTIFFS' NOTICE OF FILING Irma Qureshi and George Guerrero, give notice of filingthe Trial Testimony Plaintiffs, Excerpt of Cross-Examination of Defendant in Opposition to Universal's Motion to Set Aside the Verdict and Enter Judgment in Accordance with Defendant's Motion for Directed Verdict, and by Defendant on March 9,2023), attached Motion for Judgment Notwithstandingthe Verdict (filed as Exhibit "A." CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 25th day of May 2023, a true and correct copy of this document is being served on Ryan J. Galka, Esq. UPCICeservice03@universalproperty.com; at: RG0714@universalproperty.com and BB 1008@universalproperty.com from Universal Property & CasualtyInsurance Company, P.O. Box 9388 Fort Lauderdale, Florida 33309. Respectfullysubmitted, /sl Amy E. Ruiz Amy E. Ruiz, FBN: 99129 ARuiz@RuizGetmanLaw.com Steven J. Getman, FBN: 67198 SGetman@RuizGetmanLaw.com Ruiz 1Getman Law, PLLC 6800 SW 40th Street,#394 Miami, Florida 33155 Telephone: 786.881.2261 Facsimile: 305.397.2760 Attorneysfor Plainti#s,Irma Qureshi & George Guerre RUIZ I GETMAN LAW, PLLC *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/25/2023 04:39:26 PM.**** 1 1 IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT, IN 2 AND FOR BROWARD COUNTY, FLORIDA 3 CASE NO.: CACE21007238 4 5 Irma Qureshi, et al., 6 Plaintiffs, 7 VS. 8 Universal Property & Casualty Insurance Company, 9 Defendant. 10 1 11 12 Broward County Courthouse 13 201 S.E. 6th Street Fort Lauderdale, Florida 14 February 21, 2023 15 16 EXCERPT TRANSCRIPT OF JIMMY CASAS' TESTIMONY 17 18 19 The above-entitled cause came on for 20 hearing before the Honorable Judge David A. Haimes, 21 before Ashley Mufioz, Florida Professional Reporter, 22 Notary Public for the State of Florida at Large. 23 24 25 emmie, GKED.WEHLP Your Wish Our Is www.jeanniereporting.com Job! 305-577-1705 116 1 mold, and I would say that's absolutely correct. 2 But as we sit here today, there's perils 3 under the policy, and it will tell you -- better 4 yet, it's actually in a different section of the 5 policy that goes into the mold. It's not even part 6 of the body of the policy itself. That's why I was 7 saying it doesn't trigger additional living 8 expenses. 9 Q. So sir, are you -- is it your okay. 10 position that Universal is denying the water damage 11 claim? 12 A. We haven't confirmed that there's a 13 claim, correct. We haven't been able to deny it 14 because you filed suit before we even denied it. 15 We're investigating what you were claiming. 16 Q. Let's talk about that, sir. So okay. 17 are you say that it's not denied? 18 A. We didn't send out a denial letter. You 19 filed suit before we even finished the 20 investigation on the stuff that you requested. 21 Q. Is it your testimony that today, well, 22 when we filed suit for this lawsuit, that was the 23 first time that you were ever aware -- you as 24 Universal was ever aware that the insureds were 25 making a water damage claim? emmie, GKED.WEHLP Your Wish Our Is www.jeanniereporting.com Job! 305-577-1705 117 1 A. No. I believe it was within your letter 2 of representation, they became aware of water loss. 3 Q. And when was that? What date was okay. 4 that, the very first one? 5 A. February 18th, or refresh my memory. 6 Q. No, I'll show you. No problem. 7 A. Thank you. 8 Q. I'll show you what is in evidence as 9 Exhibit 4. Is this the letter that 10 you're referring to? 11 A. I can't see anything. I'm sorry. No, 12 meaning the monitor is off. 13 MS. RUIZ: Your Honor, sorry. 14 THE COURT: There you go. 15 BY MS. RUIZ: 16 Q. So is this the letter you're referring 17 to? 18 A. The January 7th, okay. Yes. 19 Q. So are you saying January 7th, 2021, was 20 the first time you were made aware that your 21 insureds were claiming water loss in their guest 22 bathroom for the damage that they claimed to you? 23 A. Correct. 24 Q. What did you do after January 7th okay. 25 to try to investigate the water loss claim? emmie, GKED.WEHLP Your Wish Our Is www.jeanniereporting.com Job! 305-577-1705 118 1 A. Excuse me. So we already established 2 that there are a lot of e-mails in 3 Q. I'm asking a very specific question. 4 MS. GALKA: Let him finish his answer. 5 THE COURT: Overruled. Listen to the 6 question. And on redirect, follow-up. Listen 7 to the question and answer the question. 8 BY MS. RUIZ: 9 Q. What did you do investigate the water 10 loss claim that you allege you received for the 11 first time on January 7th, 2021? 12 A. Universal has been waiting for documents 13 requested from the insured. 14 Q. What did you do when you were put on 15 notice on January 7th, 2021, to investigate the 16 water loss claim that you claim you received that 17 day for the first time ever? 18 MS. GALKA: Your Honor, objection. 19 Asked and answered. 20 THE COURT: Overruled. 21 THE WITNESS: Once again, Universal has 22 been waiting for documents in regards to the 23 water loss. 24 BY MS. RUIZ: 25 Q. What did you do investigate it, sir? emmie, GKED.WEHLP Your Wish Our Is www.jeanniereporting.com 305-577-1705 Job! 119 1 A. Well, at that point, there was nothing 2 that Universal was doing other than waiting for 3 documents they had requested. 4 Q. What documents did you request for the 5 water loss claim? 6 A. Plumbing invoice. 7 Q. After January 7th? 8 A. No. We still haven't received the 9 pluming invoice that indicates that a plumbing 10 repair took place. If you can show me a plumbing 11 invoice right now that it says we fixed the 12 plumbing work repair or a photo of the damage. 13 Q. Sir, you're not responsive to my 14 question. I'm sorry. Please answer my question. 15 When did you make a request to investigate for 16 documents after January 7th, 2021 for this water 17 loss claim that you supposedly learned for the 18 first time on January 7th? 19 MS. GALKA: Your Honor, objection. 20 Argumentative. Disregard the commentary. 21 THE COURT: Overruled. 22 THE WITNESS: No additional requested. 23 BY MS. RUIZ: 24 Q. Universal didn't do anything, right? 25 That's the answer, right? emmie, GKED.WEHLP Your Wish Our Is www.jeanniereporting.com Job!305-577-1705 120 1 MS. GALKA: Objection, Your Honor. 2 Argumentative. 3 THE COURT: Sustained. Let's move on. 4 BY MS. RUIZ: 5 Q. Did Universal do anything after 6 January 7th? 7 A. No. 8 Q. So what documents did you ask them for? 9 Nothing, right? 10 MS. GALKA: Objection. 11 THE COURT: Sustained. Let's move on. 12 BY MS. RUIZ: 13 Q. All right. My co-counsel was nice 14 enough to find me the section of the policy on 15 Page 9 of 34 of what's in evidence as Exhibit 1. 16 All right. Mr. Casas, is this the additional 17 living expenses section in the policy? 18 A. Yes, it is. 19 Q. So this is under Coverage D, okay. 20 which is a separate part of the policy, correct? 21 A. Correct. 22 Q. Oh. Let me ask you. And just to read 23 it, if you can read - I'll just ask you. The 24 Additional Living Expense provision says, "If a 25 loss covered under Section 1 makes that part of the eanni,e nM. Your Wish Is ?D?U?U,?2??? Our www.j???1%55?ng.com 305-577-1705 Job! 121 1 residents' premises where you reside not fit to 2 live in, we cover the additional living expenses, 3 meaning any necessary increase in living expenses 4 incurred by you so that your household can maintain 5 its normal standard of living. 6 "Payment will be for the shortest time 7 required to repair or replace the damage or if you 8 permanently relocate, the shortest time required 9 household the settle elsewhere." 10 Is that an accurate reading of that 11 provision? 12 A. It is. 13 Q. And Universal did not pay okay. 14 anything for the additional living expenses, right? 15 A. That is correct. 16 Q. And you did receive those documents for 17 the additional living expenses, didn't you? 18 A. Yes, we did. 19 Q. And you didn't pay on it? 20 A. No, we didn't. 21 Q. So you're saying, is it covered or is it 22 denied? 23 A. Once again, we haven't triggered any 24 perils in the open to trigger the additional living 25 expenses, ma am. eanni,e nM. Your Wish Is ?D?U?U,?2??? Our www.j???1%55?ng.com 305-577-1705 Job! 122 1 Q. Are the additional living expenses 2 covered under this claim or is Universal denying 3 the payment of this claim under the Additional 4 Living Expenses provision? 5 A. It's not being covered because there S 6 not a peril insured against that would trigger 7 that. 8 Q. All right. I know you also okay. 9 mentioned on direct that you take the insured's 10 word. Do you remember say that, you take the 11 insured's word and you rely on their word to 12 investigate the claim, like you don't question it, 13 right? 14 A. We'11 take their word for what they are 15 claiming, correct. We give the insured the 16 benefit. 17 Q. But in this case, you didn't take their 18 word for it when it didn't help you out. I'll 19 explain. 20 MS. GALKA: Argumentative. 21 THE COURT: Sustained. 22 Rephrase the question. 23 BY MS. RUIZ: 24 Q. You didn't take your insured's word for 25 it in this claim, when they told you they had emmie, GKED.WEHLP Your Wish Our Is www.jeanniereporting.com Job! 305-577-1705