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Filing# 163469265 E-Filed 12/21/2022 11:47:48 AM
IN THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT IN
AND FOR BROWARD COUNTY,
FLORIDA
Case No.: CACE-22-014354
EDDIE AND MEREDITH GREATHOUSE,
Plaintiffs,
V
TYPTAP INSURANCE COMPANY,
Defendant.
i
DEFENDANT'S, TYPTAP INSURACE COMPANY, RESPONSE TO PLAINTIFFS'
FIRST REQUEST FOR ADMISSIONS
COMES NOW Defendant, TYPTAP INSURANCE COMPANY (hereinafter
"TypTap"),
by and through its undersigned counsel and pursuant to Florida Rule of Civil Procedure 1.370,
hereby files its Responses to Plaintiffs' First Request for Admissions.
GENERAL COMMENTS AND OBJECTIONS:
A. Defendant maintains that discovery is ongoing in this matter and therefore reserves
any and all rightsto supplement,modify, or amend these responses as discoverycontinues or as
new information is obtained.
B. Defendant objectsto any Request for Admission which asks for legalconclusions
or assumes facts which have not been established or are not in evidence in this case.
C. Defendant objectsto any Request for Admission which presupposes within the
Request certain facts or that an incident as claimed by Plaintiffs occurred in the first instance.
D. Defendant objectsto any Request for Admission to the extent that the Request seeks
information protected from disclosure under the attorney-client privilege,the work product
doctrine,the work or
productprivilege any other privilegesrecognizedunder Florida law.
E. Defendant objectsto any Request for Admission to the extent that the Request seeks
discoveryor information beyond the scope o f discoveryas permittedby the Florida Rules of Civil
Procedure or is otherwise overbroad, unduly burdensome, or harassing.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 12/21/2022 11:47:42 AM.****
F. Defendant objectsto any Request for Admission which contains words or phrases
which are undefined and thus requireDefendant to guess or speculateas to what information is
being requestedby the Request and which is also,consequently,vague, and ambiguous.
Without waiving the foregoingobjections,Defendant responds to Plaintiffs' Requests for
Admissions as follows:
DEFENDANT'S RESPONSES
1. At all times material to the claims asserted Defendant was and is an insurer
by the Plaintiff,
in the State of Florida conductingbusiness in Broward County, Florida.
RESPONSE: Admit to the extent that Defendant is an insurance company doing
business in the State of Florida, including Broward County.
2. Defendant maintains agents in Broward County, Florida for the transaction of customary
business.
RESPONSE: Admit to the extent that Defendantan insurance company doing
is
business in the State of Florida, including Broward County.
3. Venue lies in Broward County, Florida for this action.
RESPONSE: Admit for venue purposes only.
4. That all that adjustedthe Plaintiff's clams were agents of
the Defendant's representatives
the Defendant and acted within the scope and course of their agency.
RESPONSE: Objection, this request calls for a legal conclusion and is therefore
denied.
5. The above-styledcourt, in and for the 17th Judicial Circuit in and for Broward County,
over the action and over the Defendant.
Florida has jurisdiction
RESPONSE: Admit for venuepurposes only.
6. The policyDefendant issued under policyto Plaintiff was in full force and effect on the
date of loss.
RESPONSE: Admit to the extent that Defendant issued EDDIE and MEREDITH
GREATHOUSE policy number 12-1051959-01 ("the Policy") with effective dates of
January 31, 2021 through January 31, 2022 at the property 1120 NW
45 Street Fort
Lauderdale, Florida 33309 in exchange for annual premium, providing certain
insurance coverage, subject to the terms, exclusions, and limitations of the policy.
7. The policyissued by the Defendant for the property was an "all risks" policy.
RESPONSE: Denied as phrased. The Policy speaks for itself.
8 The loss at issue in this occurred as described
litigation in the Complaint.
RESPONSE: Denied.
9- On the date of loss,Plaintiffwere the owner ofthe premisesdescribed in the subjectpolicy.
RESPONSE: Defendant is without knowledge and therefore denies.
10. timelynotice
Plaintiffprovided to the Defendant ofthe loss.
RESPONSE: Denied.
11. Defendant assignedClaim number to the loss as described in the Complaint.
RESPONSE: Admit to the extent that Defendant assigned claim number 12-3004941-
22 to the alleged loss on or about February 7,2022.
12. Defendant, its were permittedto inspectthe property.
agents, or representatives
RESPONSE: Admit.
13. of the claim was not prejudiced.
Defendant's investigation
RESPONSE: Denied.
14. The cause of the loss that occurred on the date allegedin the Complaint and is covered
under the policyof insurance issued by the Defendant.
RESPONSE: Defendant is unable to understand the request as phrased and
therefore, denies.
15. ofthe Loss, Defendant determined the Loss and damages
After completing its investigation
caused by the Loss were covered by the policy.
RESPONSE: Denied.
16. There is no language in the policy specifically
excluding covered for the damages sought
by the Plaintiff.
RESPONSE: Denied. The Policy speaks for itself.
17. Plaintiffhas not made any false statement or engaged in any concealment ofthis claim.
RESPONSE: Objection, this request is ambiguous and is therefore denied.
18. Plaintiff complied with all his post-lossobligations.
RESPONSE: Denied.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 21<
i st
day of December, 2022, this document was filed
using the Florida Courts E-FilingPortal. This document is being served on all counsel and pro se
partiesof record by the Florida Courts E-FilingPortal,pursuant to and in compliance with Fla. R.
Jud. Admin. 2.516. The mailingand electronic addresses are: Neil V. Singh,Esq., Law Offices of
Neil V. Singh, PA, Claims@nvslaw.com;neil.singh@law.NYU.edu;diana@nvslaw.com, 10100
W. Sample Road, 3rd Floor,Coral Springs,FL 33065, Attorney Eddie
for Plaintiffs, & Meredith
Greathouse.
KELLEY KRONENBERG
/si Charles M. Prior
Charles M. Prior, Esq.
Fla. Bar No.. 107049
cprior@kelleykronenberg.com
Casey B. Mullin, Esq.
Fla. Bar No.. 106123
cmullin@kelleykronenberg.com
1475 Centrepark Boulevard
Suite 275
West Palm Beach, FL 33401
Telephone: (561) 684-5956
Facsimile: (561) 684-5753
Attorneys for TypTap Insurance
Address for service of pleadingsonly
cppeservice@kelleykronenberg.com
Preview
Filing# 163469265 E-Filed 12/21/2022 11:47:48 AM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA Case No.: CACE-22-014354 EDDIE AND MEREDITH GREATHOUSE, Plaintiffs, V TYPTAP INSURANCE COMPANY, Defendant. i DEFENDANT'S, TYPTAP INSURACE COMPANY, RESPONSE TO PLAINTIFFS' FIRST REQUEST FOR ADMISSIONS COMES NOW Defendant, TYPTAP INSURANCE COMPANY (hereinafter "TypTap"), by and through its undersigned counsel and pursuant to Florida Rule of Civil Procedure 1.370, hereby files its Responses to Plaintiffs' First Request for Admissions. GENERAL COMMENTS AND OBJECTIONS: A. Defendant maintains that discovery is ongoing in this matter and therefore reserves any and all rightsto supplement,modify, or amend these responses as discoverycontinues or as new information is obtained. B. Defendant objectsto any Request for Admission which asks for legalconclusions or assumes facts which have not been established or are not in evidence in this case. C. Defendant objectsto any Request for Admission which presupposes within the Request certain facts or that an incident as claimed by Plaintiffs occurred in the first instance. D. Defendant objectsto any Request for Admission to the extent that the Request seeks information protected from disclosure under the attorney-client privilege,the work product doctrine,the work or productprivilege any other privilegesrecognizedunder Florida law. E. Defendant objectsto any Request for Admission to the extent that the Request seeks discoveryor information beyond the scope o f discoveryas permittedby the Florida Rules of Civil Procedure or is otherwise overbroad, unduly burdensome, or harassing. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 12/21/2022 11:47:42 AM.**** F. Defendant objectsto any Request for Admission which contains words or phrases which are undefined and thus requireDefendant to guess or speculateas to what information is being requestedby the Request and which is also,consequently,vague, and ambiguous. Without waiving the foregoingobjections,Defendant responds to Plaintiffs' Requests for Admissions as follows: DEFENDANT'S RESPONSES 1. At all times material to the claims asserted Defendant was and is an insurer by the Plaintiff, in the State of Florida conductingbusiness in Broward County, Florida. RESPONSE: Admit to the extent that Defendant is an insurance company doing business in the State of Florida, including Broward County. 2. Defendant maintains agents in Broward County, Florida for the transaction of customary business. RESPONSE: Admit to the extent that Defendantan insurance company doing is business in the State of Florida, including Broward County. 3. Venue lies in Broward County, Florida for this action. RESPONSE: Admit for venue purposes only. 4. That all that adjustedthe Plaintiff's clams were agents of the Defendant's representatives the Defendant and acted within the scope and course of their agency. RESPONSE: Objection, this request calls for a legal conclusion and is therefore denied. 5. The above-styledcourt, in and for the 17th Judicial Circuit in and for Broward County, over the action and over the Defendant. Florida has jurisdiction RESPONSE: Admit for venuepurposes only. 6. The policyDefendant issued under policyto Plaintiff was in full force and effect on the date of loss. RESPONSE: Admit to the extent that Defendant issued EDDIE and MEREDITH GREATHOUSE policy number 12-1051959-01 ("the Policy") with effective dates of January 31, 2021 through January 31, 2022 at the property 1120 NW 45 Street Fort Lauderdale, Florida 33309 in exchange for annual premium, providing certain insurance coverage, subject to the terms, exclusions, and limitations of the policy. 7. The policyissued by the Defendant for the property was an "all risks" policy. RESPONSE: Denied as phrased. The Policy speaks for itself. 8 The loss at issue in this occurred as described litigation in the Complaint. RESPONSE: Denied. 9- On the date of loss,Plaintiffwere the owner ofthe premisesdescribed in the subjectpolicy. RESPONSE: Defendant is without knowledge and therefore denies. 10. timelynotice Plaintiffprovided to the Defendant ofthe loss. RESPONSE: Denied. 11. Defendant assignedClaim number to the loss as described in the Complaint. RESPONSE: Admit to the extent that Defendant assigned claim number 12-3004941- 22 to the alleged loss on or about February 7,2022. 12. Defendant, its were permittedto inspectthe property. agents, or representatives RESPONSE: Admit. 13. of the claim was not prejudiced. Defendant's investigation RESPONSE: Denied. 14. The cause of the loss that occurred on the date allegedin the Complaint and is covered under the policyof insurance issued by the Defendant. RESPONSE: Defendant is unable to understand the request as phrased and therefore, denies. 15. ofthe Loss, Defendant determined the Loss and damages After completing its investigation caused by the Loss were covered by the policy. RESPONSE: Denied. 16. There is no language in the policy specifically excluding covered for the damages sought by the Plaintiff. RESPONSE: Denied. The Policy speaks for itself. 17. Plaintiffhas not made any false statement or engaged in any concealment ofthis claim. RESPONSE: Objection, this request is ambiguous and is therefore denied. 18. Plaintiff complied with all his post-lossobligations. RESPONSE: Denied. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 21< i st day of December, 2022, this document was filed using the Florida Courts E-FilingPortal. This document is being served on all counsel and pro se partiesof record by the Florida Courts E-FilingPortal,pursuant to and in compliance with Fla. R. Jud. Admin. 2.516. The mailingand electronic addresses are: Neil V. Singh,Esq., Law Offices of Neil V. Singh, PA, Claims@nvslaw.com;neil.singh@law.NYU.edu;diana@nvslaw.com, 10100 W. Sample Road, 3rd Floor,Coral Springs,FL 33065, Attorney Eddie for Plaintiffs, & Meredith Greathouse. KELLEY KRONENBERG /si Charles M. Prior Charles M. Prior, Esq. Fla. Bar No.. 107049 cprior@kelleykronenberg.com Casey B. Mullin, Esq. Fla. Bar No.. 106123 cmullin@kelleykronenberg.com 1475 Centrepark Boulevard Suite 275 West Palm Beach, FL 33401 Telephone: (561) 684-5956 Facsimile: (561) 684-5753 Attorneys for TypTap Insurance Address for service of pleadingsonly cppeservice@kelleykronenberg.com