On May 17, 2023 a
was filed
involving a dispute between
Weidig, Brian,
Weidig, Roberta,
and
Florida Insurance Guaranty Association,
for Damages
in the District Court of Charlotte County.
Preview
Filing # 174710588 E-Filed 06/06/2023 02:06:16 PM
IN THE CIRCUIT COURT OF THE
20TH JUDICIAL CIRCUIT IN AND FOR
CHARLOTTE COUNTY, FLORIDA
BRIAN & ROBERTA WEIDIG,
Plaintiffs, CASE NO.: 23001965CA
v.
FLORIDA INSURANCE GUARANTY
ASSOCIATION F/K/A UNITED PROPERTY
& CASUALTY INSURANCE COMPANY
Defendant
/
MENDED PLAINTIFFS' FIRST REQUEST FOR ADMISSIONS
Plaintiffs BRIAN & ROBERTA WEIDIG (collectively referred to hereafter as the
Insured”), pursuant to Rule 1.370 of the Florida Rules of Civil Procedure, propound the following
First Request for Admissions upon Defendant, FLORIDA INSURANCE GUARANTY
ASSOCIATION F/K/A UNITED PROPERTY & CASUALTY INSURANCE COMPANY (the
“Insurance Company”), to be answered in writing, under oath, within the time specified.
Admit that the insurance agreement that serves as the subject matter of this litigation
was in effect at the time of the loss
Admit that the insurance agreement that serves as the subject matter of this
litigation provided coverage for the specific losses alleged in this action.
Admit that the Insured(s) timely notified the Insurance Company of the loss that
brought rise to this action.
Admit that the Insured(s) has complied with all policy conditions to receive benefits
under the subject policy of insurance.
Admit that the Insured(s) has complied with all post-loss conditions precedent to
the filing of this lawsuit.
Admit the Insurance Company inspected the Property.
Admit the Insurance Company inspected the damage.
Admit the Insurance Company did not request a sworn statement in proof of loss
from the Insured(s).
Admit the Insurance Company did not request an examination under oath (EUO)
from the Insured(s).
Admit the Insurance Company did not request a recorded statement from the
Insured(s).
Admit the Insurance Company did not retain an expert to assist in its investigation
during the adjustment of the loss.
Admit the Insurance Company received documentation from the Insured(s) in
support of his/her loss.
Admit the Insurance Company received an estimate of damage from the Insured(s).
Admit the Insurance Company received invoices, estimates, or receipts evidenci
repairs made to the Property.
Admit the Insured(s) made repairs to the Property following the loss.
Admit the field adjuster who inspected the Property is not an expert in determining
cause of damage.
Admit the Insurance Company did not properly indemnify the Insured(s).
Admit the Insured(s) kept an accurate record of his/her repairs and expenses.
Admit the Insured(s) mitigated the damage to the Property.
Admit the Insured(s) made reasonable and necessary repairs to the Property
following the loss.
Admit that the Insurance Company insured the property in the condition the
property existed at the time of the Policy’s inception.
Admit the damage was caused by a covered loss.
Admit that the Insurance Company is required to pay the Insured’s attorney’s fees
and costs pursuant to Florida Statute Section 627.428, if the Insured(s) prevails.
CERTIFICATE OF SERVICE
HEREBY CERTIFY that a true and correct copy of the foregoing was served via U.S.
mail to: FLORIDA INSURANCE GUARANTY ASSOCIATION F/K/A UNITED PROPERTY
& CASUALTY INSURANCE COMPANY c/o Timothy J. Meenan, as R.A. 300 S. Duval Street,
Suite 410, Tallahassee, Florida 32301, on this 6 day of June 2023.
Respectfully Submitted by,
Your Insurance Attorney, PLLC.
2300 Maitland Center Parkway, Suite 122
Maitland, Florida 32751
Phone No.: (407) 751-1370
Fax: 1-888-745-5677
Email: jlopez@yourinsuranceattorney.com
Secondary Email: YIA18@Yourinsuranceattorney.com
Tertiary Email: Eservice@Yourinsuranceattorney.com
By: /s/ Joshua Lopez
Joshua Lopez, Esq.
Florida Bar No. 1020513
Rotceh Sotomayor, Esq
Florida Bar No. 1039689
Document Filed Date
November 03, 2023
Case Filing Date
May 17, 2023
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Filing # 174710588 E-Filed 06/06/2023 02:06:16 PM IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA BRIAN & ROBERTA WEIDIG, Plaintiffs, CASE NO.: 23001965CA v. FLORIDA INSURANCE GUARANTY ASSOCIATION F/K/A UNITED PROPERTY & CASUALTY INSURANCE COMPANY Defendant / MENDED PLAINTIFFS' FIRST REQUEST FOR ADMISSIONS Plaintiffs BRIAN & ROBERTA WEIDIG (collectively referred to hereafter as the Insured”), pursuant to Rule 1.370 of the Florida Rules of Civil Procedure, propound the following First Request for Admissions upon Defendant, FLORIDA INSURANCE GUARANTY ASSOCIATION F/K/A UNITED PROPERTY & CASUALTY INSURANCE COMPANY (the “Insurance Company”), to be answered in writing, under oath, within the time specified. Admit that the insurance agreement that serves as the subject matter of this litigation was in effect at the time of the loss Admit that the insurance agreement that serves as the subject matter of this litigation provided coverage for the specific losses alleged in this action. Admit that the Insured(s) timely notified the Insurance Company of the loss that brought rise to this action. Admit that the Insured(s) has complied with all policy conditions to receive benefits under the subject policy of insurance. Admit that the Insured(s) has complied with all post-loss conditions precedent to the filing of this lawsuit. Admit the Insurance Company inspected the Property. Admit the Insurance Company inspected the damage. Admit the Insurance Company did not request a sworn statement in proof of loss from the Insured(s). Admit the Insurance Company did not request an examination under oath (EUO) from the Insured(s). Admit the Insurance Company did not request a recorded statement from the Insured(s). Admit the Insurance Company did not retain an expert to assist in its investigation during the adjustment of the loss. Admit the Insurance Company received documentation from the Insured(s) in support of his/her loss. Admit the Insurance Company received an estimate of damage from the Insured(s). Admit the Insurance Company received invoices, estimates, or receipts evidenci repairs made to the Property. Admit the Insured(s) made repairs to the Property following the loss. Admit the field adjuster who inspected the Property is not an expert in determining cause of damage. Admit the Insurance Company did not properly indemnify the Insured(s). Admit the Insured(s) kept an accurate record of his/her repairs and expenses. Admit the Insured(s) mitigated the damage to the Property. Admit the Insured(s) made reasonable and necessary repairs to the Property following the loss. Admit that the Insurance Company insured the property in the condition the property existed at the time of the Policy’s inception. Admit the damage was caused by a covered loss. Admit that the Insurance Company is required to pay the Insured’s attorney’s fees and costs pursuant to Florida Statute Section 627.428, if the Insured(s) prevails. CERTIFICATE OF SERVICE HEREBY CERTIFY that a true and correct copy of the foregoing was served via U.S. mail to: FLORIDA INSURANCE GUARANTY ASSOCIATION F/K/A UNITED PROPERTY & CASUALTY INSURANCE COMPANY c/o Timothy J. Meenan, as R.A. 300 S. Duval Street, Suite 410, Tallahassee, Florida 32301, on this 6 day of June 2023. Respectfully Submitted by, Your Insurance Attorney, PLLC. 2300 Maitland Center Parkway, Suite 122 Maitland, Florida 32751 Phone No.: (407) 751-1370 Fax: 1-888-745-5677 Email: jlopez@yourinsuranceattorney.com Secondary Email: YIA18@Yourinsuranceattorney.com Tertiary Email: Eservice@Yourinsuranceattorney.com By: /s/ Joshua Lopez Joshua Lopez, Esq. Florida Bar No. 1020513 Rotceh Sotomayor, Esq Florida Bar No. 1039689