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Filing # 179898165 E-Filed 08/17/2023 01:55:19 PM
IN THE CIRCUIT COURT OF THE
SCOTT HUBER, 20TH JUDICIAL CIRCUIT IN AND
FOR CHARLOTTE COUNTY,
Plaintiff, FLORIDA
CASE NO.: 23001812CA
UNITED SERVICES AUTOMOBILE
ASSOCIATION,
Defendant.
_____________________________________/
DEFENDANT’S ANSWER AND AFFIRMATIVE DEFENSES
COMES NOW Defendant, UNITED SERVICES AUTOMOBILE ASSOCIATION
(“USAA”), by and through its undersigned counsel, files its Answer and Affirmative
Defenses in response to the Plaintiff’s Complaint. For purposes of this Answer, all
allegations not specifically admitted are deemed denied.
JURISDICTIONAL ALLEGATIONS
1. Admitted for jurisdiction purposes only. Denied as to any remaining
allegations and/or inferences in Paragraph 1.
2. Defendant is without sufficient knowledge; therefore, denied.
3. Defendant is without sufficient knowledge; therefore, denied.
4. Admitted for jurisdiction purposes only. Denied as to any remaining
allegations and/or inferences in Paragraph 4.
5. Admitted for jurisdiction and venue purposes only. Denied as to any
remaining allegations and/or inferences in Paragraph 1.
GENERAL ALLEGATIONS
COLE, SCOTT & KISSANE, P.A.
CASE NO.: 23001812CA
6. Admitted to the extent Defendant issued to Scott G. Huber and Tonya Lynn
Huber a policy of insurance bearing Policy Number 01867402790A (the
“Policy”) effective from May 15, 2022, to May 15, 2023, for the property
located at 105 Venice Road Rotonda West, Charlotte, FL 33947 (“Property”),
subject to the terms, conditions, exclusion, exceptions, and limitations therein.
Denied as to any remaining allegations and/or inferences contained in
Paragraph 6.
7. Denied as phrased. Admitted only that Defendant issued to Scott G. Huber
and Tonya Lynn Huber a policy of insurance bearing Policy Number
01867402790A (the “Policy”) effective from May 15, 2022, to May 15, 2023,
for the property located at 105 Venice Road Rotonda West, Charlotte, FL
33947 (“Property”), subject to the terms, conditions, exclusion, exceptions,
and limitations therein. Denied as to any remaining allegations and/or
inferences contained in Paragraph 7.
8. Admitted.
9. Admitted to the extent Defendant issued to Scott G. Huber and Tonya Lynn
Huber a policy of insurance bearing Policy Number 01867402790A (the
“Policy”) effective from May 15, 2022, to May 15, 2023, for the property
located at 105 Venice Road Rotonda West, Charlotte, FL 33947 (“Property”),
subject to the terms, conditions, exclusion, exceptions, and limitations therein.
Denied as to any remaining allegations and/or inferences contained in
Paragraph 9.
COLE, SCOTT & KISSANE, P.A.
110 TOWER - 110 S.E. 6TH STREET, SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAX
CASE NO.: 23001812CA
10. Denied.
11. Denied.
COUNT I – BREACH OF CONTRACT
12. Defendant restates and readopts the answers set forth in paragraphs 1
through 11 above as if fully restated herein and further answers as follows:
13. Admitted that Plaintiff has brought a breach of contract claim against
Defendant arising from Policy Number 01867402790A. Denied as to any
remaining allegations and/or inferences contained in paragraph 13.
14. Admitted only that Plaintiff reported a claim that was assigned claim number
018674027-010, the matter was appropriately investigated, and it was
determined that the covered damages qualified for payment in the total
amount of $18,624.52 as reflected in the coverage letters dated October 6,
2022, and February 28, 2023; otherwise, denied.
15. Denied as phrased. Admitted only that Plaintiff reported a claim that was
assigned claim number 018674027-010, the matter was appropriately
investigated, and it was determined that the covered damages qualified for
payment in the total amount of $18,624.52 as reflected in the coverage letters
dated October 6, 2022, and February 28, 2023; otherwise, denied.
16. Denied.
17. Admitted that Defendant assigned claim number 018674027-010 for the
alleged loss. Denied as to any remaining allegations and/or inferences
contained in Paragraph 17.
COLE, SCOTT & KISSANE, P.A.
110 TOWER - 110 S.E. 6TH STREET, SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAX
CASE NO.: 23001812CA
18. Admitted only that Plaintiff reported a claim that was assigned claim number
018674027-010, the matter was appropriately investigated, and it was
determined that the covered damages qualified for payment in the total
amount of $18,624.52 as reflected in the coverage letters dated October 6,
2022, and February 28, 2023; otherwise, denied. Discovery is still ongoing
and Defendant reserves the right to amend this response.
19. Admitted only that Plaintiff reported a claim that was assigned claim number
018674027-010, the matter was appropriately investigated, and it was
determined that the covered damages qualified for payment in the total
amount of $18,624.52 as reflected in the coverage letters dated October 6,
2022, and February 28, 2023; otherwise, denied.
20. Admitted.
21. Denied as phrased.
22. Denied as phrased. Admitted only that Plaintiff reported a claim that was
assigned claim number 018674027-010, the matter was appropriately
investigated, and it was determined that the covered damages qualified for
payment in the total amount of $18,624.52 as reflected in the coverage letters
dated October 6, 2022, and February 28, 2023; otherwise, denied.
23. Denied as phrased. Admitted only that Plaintiff reported a claim that was
assigned claim number 018674027-010, the matter was appropriately
investigated, and it was determined that the covered damages qualified for
COLE, SCOTT & KISSANE, P.A.
110 TOWER - 110 S.E. 6TH STREET, SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAX
CASE NO.: 23001812CA
payment in the total amount of $18,624.52 as reflected in the coverage letters
dated October 6, 2022, and February 28, 2023; otherwise, denied.
24. Denied.
25. Denied.
26. Denied.
27. Denied.
28. Denied.
29. Denied as phrased.
Any allegations contained with the above-styled complaint not hereinbefore or
hereinafter specifically admitted are denied and strict proof of same is demanded
thereof. UNITED SERVICES AUTOMOBILE ASSOCIATION further denies that SCOTT
HUBER is entitled to any of the relief sought within Plaintiff’s “WHEREFORE” clause
and expressly denies SCOTT HUBER’s entitlement to an award of attorneys’ fees in
this matter.
WHEREFORE, the Defendant, UNITED SERVICES AUTOMOBILE
ASSOCIATION, demands Judgment against the Plaintiff for costs and all other
damages which this Court deems just and equitable and further demands a trial by jury
of all issues so triable as of right by jury.
AFFIRMATIVE DEFENSES
First Affirmative Defense
Plaintiff’s claim is barred and/or limited to the extent that the alleged loss and/or
damage was the result of wear and tear, mechanical breakdown, inadequate
COLE, SCOTT & KISSANE, P.A.
110 TOWER - 110 S.E. 6TH STREET, SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAX
CASE NO.: 23001812CA
maintenance, or age-related deterioration, which are not covered under the subject
policy. In support, thereof Defendant references SECTION I – LOSSES WE DO NOT
COVER, LOSSES WE DO NOT COVER UNDER DWELLING PROTECTION AND
OTHER STRUCTURES PROTECTION, subsections 1(f), (g), and (k).
Second Affirmative Defense
As its second affirmative defense, Defendant asserts that it is entitled to a set-off
based on any and all applicable Policy limits and deductibles provided under the subject
Policy of insurance. “Set-off . . . is an affirmative defense, which must be pled.” Skaf’s
Jewelers, Inc. v. Antwerp Import Corp., 150 So.2d 260 (Fla. 2d DCA 1963); See also
Felgenhauer v. Bonds, 891 So. 2d 1043 (Fla. 2d DCA 2004) (in contract actions, set-off
is an affirmative defense that must be plead or it is waived.). Specifically, Plaintiff’s
recovery, if any, is subject to a set off for the Policy limits of liability available under
Section I – Coverage A, Coverage B, Coverage C and Coverage D of the Policy, as well
as the applicable deductible.
Third Affirmative Defense
As its third affirmative defense, Defendant asserts that the Plaintiff’s recovery, if
any, is barred and/or limited to the extent that Plaintiff has been fully indemnified for this
matter. Defendant conducted a thorough investigation of this claim, including multiple
inspections of the property. Defendant properly investigated and adjusted the claim
which resulted in payments of $18,271.64 and $352.88 being tendered to Plaintiff
through correspondence dated October 6, 2022, and February 28, 2023. Defendant has
issued payments, received by Plaintiff or their representatives, for the damages afforded
COLE, SCOTT & KISSANE, P.A.
110 TOWER - 110 S.E. 6TH STREET, SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAX
CASE NO.: 23001812CA
coverage under the subject insurance policy and has therefore fully indemnified the
Plaintiff.
JURY TRIAL DEMAND
USAA demands a trial by jury on all issues so triable.
GENERAL DENIAL
All allegations not specifically admitted herein, including the unenumerated
“WHEREFORE” clause, are denied and USAA demands strict proof thereof.
RESERVATION OF RIGHT TO AMEND
USAA hereby reserves the right to amend and supplement its Answer to
Plaintiff’s Complaint with additional defenses pending the outcome of discovery, if any,
in this matter.
ATTORNEY’S FEES
USAA has been required to retain the services of the undersigned counsel to
represent it in this matter and has agrees, and is obligated, to pay reasonable attorney’s
fees for services rendered.
WHEREFORE, the Defendant, United Services Automobile Association,
demands Judgment against the Plaintiff for costs and all other damages which this
Court deems just and equitable and further demands a trial by jury of all issues so
triable as of right by jury.
COLE, SCOTT & KISSANE, P.A.
110 TOWER - 110 S.E. 6TH STREET, SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAX
CASE NO.: 23001812CA
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 17th day of August, 2023, a true and correct
copy of the foregoing was filed with the Clerk of Charlotte County by using the Florida
Courts e-Filing Portal, which will send an automatic e-mail message to the following
parties registered with the e-Filing Portal system: Faith Everett, Esq., Vanessa Didier,
Esq., Insurance Litigation Group, P.A., service@ILGPA.com;
service@restorationlaw.com, 1500 N.E. 162 Street, Miami, Florida 33162, (786) 529-
0090/(866) 239-9520 (F), Attorneys for Plaintiff, Scott Huber.
COLE, SCOTT & KISSANE, P.A.
Counsel for Defendant UNITED SERVICES
AUTOMOBILE ASSOCIATION,
110 Tower
110 S.E. 6th Street, Suite 2700
Fort Lauderdale, Florida 33301
Telephone (954) 703-3782
Facsimile (954) 703-3701
Primary e-mail: jose.campos@csklegal.com
Secondary e-mail: stephen.crawford@csklegal.com
Alternate e-mail: antoine.allen@csklegal.com
By: s/ Stephen J. Crawford
JOSE F. CAMPOS
Florida Bar No.: 110733
STEPHEN J. CRAWFORD
Florida Bar No.: 1040422
COLE, SCOTT & KISSANE, P.A.
110 TOWER - 110 S.E. 6TH STREET, SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAX
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Filing # 179898165 E-Filed 08/17/2023 01:55:19 PM IN THE CIRCUIT COURT OF THE SCOTT HUBER, 20TH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, Plaintiff, FLORIDA CASE NO.: 23001812CA UNITED SERVICES AUTOMOBILE ASSOCIATION, Defendant. _____________________________________/ DEFENDANT’S ANSWER AND AFFIRMATIVE DEFENSES COMES NOW Defendant, UNITED SERVICES AUTOMOBILE ASSOCIATION (“USAA”), by and through its undersigned counsel, files its Answer and Affirmative Defenses in response to the Plaintiff’s Complaint. For purposes of this Answer, all allegations not specifically admitted are deemed denied. JURISDICTIONAL ALLEGATIONS 1. Admitted for jurisdiction purposes only. Denied as to any remaining allegations and/or inferences in Paragraph 1. 2. Defendant is without sufficient knowledge; therefore, denied. 3. Defendant is without sufficient knowledge; therefore, denied. 4. Admitted for jurisdiction purposes only. Denied as to any remaining allegations and/or inferences in Paragraph 4. 5. Admitted for jurisdiction and venue purposes only. Denied as to any remaining allegations and/or inferences in Paragraph 1. GENERAL ALLEGATIONS COLE, SCOTT & KISSANE, P.A. CASE NO.: 23001812CA 6. Admitted to the extent Defendant issued to Scott G. Huber and Tonya Lynn Huber a policy of insurance bearing Policy Number 01867402790A (the “Policy”) effective from May 15, 2022, to May 15, 2023, for the property located at 105 Venice Road Rotonda West, Charlotte, FL 33947 (“Property”), subject to the terms, conditions, exclusion, exceptions, and limitations therein. Denied as to any remaining allegations and/or inferences contained in Paragraph 6. 7. Denied as phrased. Admitted only that Defendant issued to Scott G. Huber and Tonya Lynn Huber a policy of insurance bearing Policy Number 01867402790A (the “Policy”) effective from May 15, 2022, to May 15, 2023, for the property located at 105 Venice Road Rotonda West, Charlotte, FL 33947 (“Property”), subject to the terms, conditions, exclusion, exceptions, and limitations therein. Denied as to any remaining allegations and/or inferences contained in Paragraph 7. 8. Admitted. 9. Admitted to the extent Defendant issued to Scott G. Huber and Tonya Lynn Huber a policy of insurance bearing Policy Number 01867402790A (the “Policy”) effective from May 15, 2022, to May 15, 2023, for the property located at 105 Venice Road Rotonda West, Charlotte, FL 33947 (“Property”), subject to the terms, conditions, exclusion, exceptions, and limitations therein. Denied as to any remaining allegations and/or inferences contained in Paragraph 9. COLE, SCOTT & KISSANE, P.A. 110 TOWER - 110 S.E. 6TH STREET, SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAX CASE NO.: 23001812CA 10. Denied. 11. Denied. COUNT I – BREACH OF CONTRACT 12. Defendant restates and readopts the answers set forth in paragraphs 1 through 11 above as if fully restated herein and further answers as follows: 13. Admitted that Plaintiff has brought a breach of contract claim against Defendant arising from Policy Number 01867402790A. Denied as to any remaining allegations and/or inferences contained in paragraph 13. 14. Admitted only that Plaintiff reported a claim that was assigned claim number 018674027-010, the matter was appropriately investigated, and it was determined that the covered damages qualified for payment in the total amount of $18,624.52 as reflected in the coverage letters dated October 6, 2022, and February 28, 2023; otherwise, denied. 15. Denied as phrased. Admitted only that Plaintiff reported a claim that was assigned claim number 018674027-010, the matter was appropriately investigated, and it was determined that the covered damages qualified for payment in the total amount of $18,624.52 as reflected in the coverage letters dated October 6, 2022, and February 28, 2023; otherwise, denied. 16. Denied. 17. Admitted that Defendant assigned claim number 018674027-010 for the alleged loss. Denied as to any remaining allegations and/or inferences contained in Paragraph 17. COLE, SCOTT & KISSANE, P.A. 110 TOWER - 110 S.E. 6TH STREET, SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAX CASE NO.: 23001812CA 18. Admitted only that Plaintiff reported a claim that was assigned claim number 018674027-010, the matter was appropriately investigated, and it was determined that the covered damages qualified for payment in the total amount of $18,624.52 as reflected in the coverage letters dated October 6, 2022, and February 28, 2023; otherwise, denied. Discovery is still ongoing and Defendant reserves the right to amend this response. 19. Admitted only that Plaintiff reported a claim that was assigned claim number 018674027-010, the matter was appropriately investigated, and it was determined that the covered damages qualified for payment in the total amount of $18,624.52 as reflected in the coverage letters dated October 6, 2022, and February 28, 2023; otherwise, denied. 20. Admitted. 21. Denied as phrased. 22. Denied as phrased. Admitted only that Plaintiff reported a claim that was assigned claim number 018674027-010, the matter was appropriately investigated, and it was determined that the covered damages qualified for payment in the total amount of $18,624.52 as reflected in the coverage letters dated October 6, 2022, and February 28, 2023; otherwise, denied. 23. Denied as phrased. Admitted only that Plaintiff reported a claim that was assigned claim number 018674027-010, the matter was appropriately investigated, and it was determined that the covered damages qualified for COLE, SCOTT & KISSANE, P.A. 110 TOWER - 110 S.E. 6TH STREET, SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAX CASE NO.: 23001812CA payment in the total amount of $18,624.52 as reflected in the coverage letters dated October 6, 2022, and February 28, 2023; otherwise, denied. 24. Denied. 25. Denied. 26. Denied. 27. Denied. 28. Denied. 29. Denied as phrased. Any allegations contained with the above-styled complaint not hereinbefore or hereinafter specifically admitted are denied and strict proof of same is demanded thereof. UNITED SERVICES AUTOMOBILE ASSOCIATION further denies that SCOTT HUBER is entitled to any of the relief sought within Plaintiff’s “WHEREFORE” clause and expressly denies SCOTT HUBER’s entitlement to an award of attorneys’ fees in this matter. WHEREFORE, the Defendant, UNITED SERVICES AUTOMOBILE ASSOCIATION, demands Judgment against the Plaintiff for costs and all other damages which this Court deems just and equitable and further demands a trial by jury of all issues so triable as of right by jury. AFFIRMATIVE DEFENSES First Affirmative Defense Plaintiff’s claim is barred and/or limited to the extent that the alleged loss and/or damage was the result of wear and tear, mechanical breakdown, inadequate COLE, SCOTT & KISSANE, P.A. 110 TOWER - 110 S.E. 6TH STREET, SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAX CASE NO.: 23001812CA maintenance, or age-related deterioration, which are not covered under the subject policy. In support, thereof Defendant references SECTION I – LOSSES WE DO NOT COVER, LOSSES WE DO NOT COVER UNDER DWELLING PROTECTION AND OTHER STRUCTURES PROTECTION, subsections 1(f), (g), and (k). Second Affirmative Defense As its second affirmative defense, Defendant asserts that it is entitled to a set-off based on any and all applicable Policy limits and deductibles provided under the subject Policy of insurance. “Set-off . . . is an affirmative defense, which must be pled.” Skaf’s Jewelers, Inc. v. Antwerp Import Corp., 150 So.2d 260 (Fla. 2d DCA 1963); See also Felgenhauer v. Bonds, 891 So. 2d 1043 (Fla. 2d DCA 2004) (in contract actions, set-off is an affirmative defense that must be plead or it is waived.). Specifically, Plaintiff’s recovery, if any, is subject to a set off for the Policy limits of liability available under Section I – Coverage A, Coverage B, Coverage C and Coverage D of the Policy, as well as the applicable deductible. Third Affirmative Defense As its third affirmative defense, Defendant asserts that the Plaintiff’s recovery, if any, is barred and/or limited to the extent that Plaintiff has been fully indemnified for this matter. Defendant conducted a thorough investigation of this claim, including multiple inspections of the property. Defendant properly investigated and adjusted the claim which resulted in payments of $18,271.64 and $352.88 being tendered to Plaintiff through correspondence dated October 6, 2022, and February 28, 2023. Defendant has issued payments, received by Plaintiff or their representatives, for the damages afforded COLE, SCOTT & KISSANE, P.A. 110 TOWER - 110 S.E. 6TH STREET, SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAX CASE NO.: 23001812CA coverage under the subject insurance policy and has therefore fully indemnified the Plaintiff. JURY TRIAL DEMAND USAA demands a trial by jury on all issues so triable. GENERAL DENIAL All allegations not specifically admitted herein, including the unenumerated “WHEREFORE” clause, are denied and USAA demands strict proof thereof. RESERVATION OF RIGHT TO AMEND USAA hereby reserves the right to amend and supplement its Answer to Plaintiff’s Complaint with additional defenses pending the outcome of discovery, if any, in this matter. ATTORNEY’S FEES USAA has been required to retain the services of the undersigned counsel to represent it in this matter and has agrees, and is obligated, to pay reasonable attorney’s fees for services rendered. WHEREFORE, the Defendant, United Services Automobile Association, demands Judgment against the Plaintiff for costs and all other damages which this Court deems just and equitable and further demands a trial by jury of all issues so triable as of right by jury. COLE, SCOTT & KISSANE, P.A. 110 TOWER - 110 S.E. 6TH STREET, SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAX CASE NO.: 23001812CA CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 17th day of August, 2023, a true and correct copy of the foregoing was filed with the Clerk of Charlotte County by using the Florida Courts e-Filing Portal, which will send an automatic e-mail message to the following parties registered with the e-Filing Portal system: Faith Everett, Esq., Vanessa Didier, Esq., Insurance Litigation Group, P.A., service@ILGPA.com; service@restorationlaw.com, 1500 N.E. 162 Street, Miami, Florida 33162, (786) 529- 0090/(866) 239-9520 (F), Attorneys for Plaintiff, Scott Huber. COLE, SCOTT & KISSANE, P.A. Counsel for Defendant UNITED SERVICES AUTOMOBILE ASSOCIATION, 110 Tower 110 S.E. 6th Street, Suite 2700 Fort Lauderdale, Florida 33301 Telephone (954) 703-3782 Facsimile (954) 703-3701 Primary e-mail: jose.campos@csklegal.com Secondary e-mail: stephen.crawford@csklegal.com Alternate e-mail: antoine.allen@csklegal.com By: s/ Stephen J. Crawford JOSE F. CAMPOS Florida Bar No.: 110733 STEPHEN J. CRAWFORD Florida Bar No.: 1040422 COLE, SCOTT & KISSANE, P.A. 110 TOWER - 110 S.E. 6TH STREET, SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAX