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Filing # 134566821 E-Filed 09/14/2021 02:44:20 PM
IN THE CIRCUIT COURT OF THE 13TH
JUDICIAL CIRCUIT, IN AND FOR
HILLSBOROUGH COUNTY, FLORIDA
CASE NO.: 21-CA-005495
JEREME SCHUMACHER,
Plaintiff,
vs.
HERITAGE PROPERTY & CASUALTY
INSURANCE COMPANY,
Defendant.
_______________________________________/
DEFENDANT’S RESPONSE TO PLAINTIFF’S FIRST REQUEST FOR ADMISSIONS
The Defendant, HERITAGE PROPERTY & CASAULTY INSURANCE COMPANY
(“Heritage” or “Defendant”), pursuant to the Florida Rules of Civil Procedure, hereby files these
responses to Plaintiff’s First Request for Admissions, served upon the Defendant.
1. Admit that for all relevant times of the loss as alleged in the Complaint, a binding insurance
contract between Plaintiff and Defendant was in effect.
RESPONSE: Admitted only that Heritage issued a homeowners’ insurance policy to
Plaintiff, effective September 5, 2020 through September 5, 2021.
2. Admit that the subject insurance policy as described in the Complaint between the Plaintiff
and the Defendant was drafted by the Defendant.
RESPONSE: Admitted.
3. Admit that the insurance policy as described in the Complaint provided insurance coverage
for damages to the property located 19040 FISHERMANS BEND, LUTZ, FL, 33558, its contents,
other structures, and for loss of use.
RESPONSE: Defendant cannot admit or deny as the request is vague, overbroad, and
confusing with regard to the use, meaning, and definition of “damages”. The policy speaks
for itself.
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CASE NO.: 21-CA-005495
4. Admit that on or about 04/11/2021, the Plaintiff suffered a loss to the property insured by the
Defendant that is located at 19040 FISHERMANS BEND, LUTZ, FL, 33558.
RESPONSE: Denied.
5. Admit that on or about 04/11/2021, the Plaintiff suffered a loss to the property insured by
the Defendant that is located at 19040 FISHERMANS BEND, LUTZ, FL, 33558 as a result of a
covered peril under the insurance policy as described in the Complaint.
RESPONSE: Denied.
6. Admit that the Plaintiff fully cooperated with Defendant’s investigation of the insurance
claim described in the Complaint.
RESPONSE: Denied.
7. Admit that the Defendant and/or Defendant’s agent was provided the opportunity to inspect
the damage relating to the insurance claim described in the Complaint.
RESPONSE: Admitted only that an independent adjuster inspected Plaintiff’s property on
behalf of the Defendant.
8. Admit that the Defendant and/or Defendant’s agent received timely notice of loss from the
Plaintiff for the insurance claim described in the Complaint.
RESPONSE: Denied.
9. Admit that the Defendant and/or Defendant’s agent inspected the property relevant to the
insurance claim as described in the Complaint after having received notice of a loss from the
Plaintiff.
RESPONSE: Admitted only that an independent adjuster inspected Plaintiff’s property on
behalf of the Defendant.
10. Admit that the Defendant and/or Defendant’s agent either conducted an examination under
oath or elected to forego taking the same with respect to the insurance claim by the Plaintiff.
RESPONSE: Denied as phrased.
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CASE NO.: 21-CA-005495
11. Admit that the Defendant and/or Defendant’s agent received a sworn proof of loss from the
Plaintiff with respect to the insurance claim.
RESPONSE: Denied.
12. Admit that the Defendant and/or Defendant’s agent did not request a sworn proof of loss
from the Plaintiff with respect to the insurance claim.
RESPONSE: Admitted.
13. Admit that the Defendant and/or Defendant’s agent received documentation from the
Plaintiff or from an agent on behalf of the Plaintiff in support of the insurance claim.
RESPONSE: Admitted only that the Defendant received a document titled Hold Harmless
Agreement, Direct Payment Authorization, & Assignment of Benefits from Apex Roofing on
behalf of the Plaintiff.
14. Admit that Defendant has not paid to the Plaintiff or on behalf of the Plaintiff, any monies
for the insurance claim.
RESPONSE: Admitted.
15. Admit that the insurance claim by the Plaintiff is not excluded from coverage under the
subject insurance policy with Defendant under policy number HOH155341.
RESPONSE: Denied.
16. Admit that the Plaintiff has mitigated damages for the insurance claim.
RESPONSE: Defendant is without knowledge of the current status or condition of the
insured property. Therefore, denied.
17. Admit that the subject insurance policy as described in the Complaint between the Plaintiff
and the Defendant contains an appraisal provision.
RESPONSE: Defendant cannot admit or deny as the request is vague and confusing with
regard to the use, meaning, and definition of “appraisal provision”. The policy speaks for
itself.
9/14/2021 2:44 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3
CASE NO.: 21-CA-005495
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via electronic
mail via the Florida e-filing portal to: Robert Gonzalez, Esq., Florida Insurance Law Group, LLC,
8724 Sunset Drive, #260, Miami, Florida 33173; pleadings@flinslaw.com; on this 14th day of
September 2021, pursuant to Rule 2.516.
Attorney for Heritage Property and Casualty
Insurance Company
2600 McCormick Dr., Suite 300
Clearwater, Florida 33759
Telephone: (727) 362-7200 Ext. 7399
mthornton@heritagepci.com
ygil@heritagepci.com
sstander@heritagepci.com
By: \s\ Marianne Thornton
Marianne Thornton, Esq.
Florida Bar No. 1003551
9/14/2021 2:44 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 4
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Filing # 134566821 E-Filed 09/14/2021 02:44:20 PM IN THE CIRCUIT COURT OF THE 13TH JUDICIAL CIRCUIT, IN AND FOR HILLSBOROUGH COUNTY, FLORIDA CASE NO.: 21-CA-005495 JEREME SCHUMACHER, Plaintiff, vs. HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. _______________________________________/ DEFENDANT’S RESPONSE TO PLAINTIFF’S FIRST REQUEST FOR ADMISSIONS The Defendant, HERITAGE PROPERTY & CASAULTY INSURANCE COMPANY (“Heritage” or “Defendant”), pursuant to the Florida Rules of Civil Procedure, hereby files these responses to Plaintiff’s First Request for Admissions, served upon the Defendant. 1. Admit that for all relevant times of the loss as alleged in the Complaint, a binding insurance contract between Plaintiff and Defendant was in effect. RESPONSE: Admitted only that Heritage issued a homeowners’ insurance policy to Plaintiff, effective September 5, 2020 through September 5, 2021. 2. Admit that the subject insurance policy as described in the Complaint between the Plaintiff and the Defendant was drafted by the Defendant. RESPONSE: Admitted. 3. Admit that the insurance policy as described in the Complaint provided insurance coverage for damages to the property located 19040 FISHERMANS BEND, LUTZ, FL, 33558, its contents, other structures, and for loss of use. RESPONSE: Defendant cannot admit or deny as the request is vague, overbroad, and confusing with regard to the use, meaning, and definition of “damages”. The policy speaks for itself. 9/14/2021 2:44 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1 CASE NO.: 21-CA-005495 4. Admit that on or about 04/11/2021, the Plaintiff suffered a loss to the property insured by the Defendant that is located at 19040 FISHERMANS BEND, LUTZ, FL, 33558. RESPONSE: Denied. 5. Admit that on or about 04/11/2021, the Plaintiff suffered a loss to the property insured by the Defendant that is located at 19040 FISHERMANS BEND, LUTZ, FL, 33558 as a result of a covered peril under the insurance policy as described in the Complaint. RESPONSE: Denied. 6. Admit that the Plaintiff fully cooperated with Defendant’s investigation of the insurance claim described in the Complaint. RESPONSE: Denied. 7. Admit that the Defendant and/or Defendant’s agent was provided the opportunity to inspect the damage relating to the insurance claim described in the Complaint. RESPONSE: Admitted only that an independent adjuster inspected Plaintiff’s property on behalf of the Defendant. 8. Admit that the Defendant and/or Defendant’s agent received timely notice of loss from the Plaintiff for the insurance claim described in the Complaint. RESPONSE: Denied. 9. Admit that the Defendant and/or Defendant’s agent inspected the property relevant to the insurance claim as described in the Complaint after having received notice of a loss from the Plaintiff. RESPONSE: Admitted only that an independent adjuster inspected Plaintiff’s property on behalf of the Defendant. 10. Admit that the Defendant and/or Defendant’s agent either conducted an examination under oath or elected to forego taking the same with respect to the insurance claim by the Plaintiff. RESPONSE: Denied as phrased. 9/14/2021 2:44 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2 CASE NO.: 21-CA-005495 11. Admit that the Defendant and/or Defendant’s agent received a sworn proof of loss from the Plaintiff with respect to the insurance claim. RESPONSE: Denied. 12. Admit that the Defendant and/or Defendant’s agent did not request a sworn proof of loss from the Plaintiff with respect to the insurance claim. RESPONSE: Admitted. 13. Admit that the Defendant and/or Defendant’s agent received documentation from the Plaintiff or from an agent on behalf of the Plaintiff in support of the insurance claim. RESPONSE: Admitted only that the Defendant received a document titled Hold Harmless Agreement, Direct Payment Authorization, & Assignment of Benefits from Apex Roofing on behalf of the Plaintiff. 14. Admit that Defendant has not paid to the Plaintiff or on behalf of the Plaintiff, any monies for the insurance claim. RESPONSE: Admitted. 15. Admit that the insurance claim by the Plaintiff is not excluded from coverage under the subject insurance policy with Defendant under policy number HOH155341. RESPONSE: Denied. 16. Admit that the Plaintiff has mitigated damages for the insurance claim. RESPONSE: Defendant is without knowledge of the current status or condition of the insured property. Therefore, denied. 17. Admit that the subject insurance policy as described in the Complaint between the Plaintiff and the Defendant contains an appraisal provision. RESPONSE: Defendant cannot admit or deny as the request is vague and confusing with regard to the use, meaning, and definition of “appraisal provision”. The policy speaks for itself. 9/14/2021 2:44 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3 CASE NO.: 21-CA-005495 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via electronic mail via the Florida e-filing portal to: Robert Gonzalez, Esq., Florida Insurance Law Group, LLC, 8724 Sunset Drive, #260, Miami, Florida 33173; pleadings@flinslaw.com; on this 14th day of September 2021, pursuant to Rule 2.516. Attorney for Heritage Property and Casualty Insurance Company 2600 McCormick Dr., Suite 300 Clearwater, Florida 33759 Telephone: (727) 362-7200 Ext. 7399 mthornton@heritagepci.com ygil@heritagepci.com sstander@heritagepci.com By: \s\ Marianne Thornton Marianne Thornton, Esq. Florida Bar No. 1003551 9/14/2021 2:44 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 4