On May 06, 2021 a
Party Discovery
was filed
involving a dispute between
Joissaint, Andrelie,
Joissaint, Phanes,
and
Citizens Property Insurance Corporation,
for 3
in the District Court of Broward County.
Preview
Filing # 133983881 E-Filed 09/02/2021 10:09:16 PM
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
ANDRELIE PHANES and
PHANES JOISSAINT, CASE NO: CACE-21-009224 (02)
Plaintiffs,
VS.
CITIZENS PROPERTY INSURANCE
CORPORATION,
Defendant.
i
DEFENDANT'S RESPONSE TO REQUEST FOR ADMISSIONS
Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, by and through
undersigned counsel, hereby responds to the Plaintiffs' Request for Admissions and states as
follows:
1. Admit that on the date of the
alleged loss described in the Complaint that the policy
described in the Complaint that the policy described in the Complaint was in full
force and effect.
RESPONSE: Admitted.
2. Admit that ANDRELIE and PHANES JOISSAINT are insureds (hereinafter, the
"insured") under the insurance policy described in the Complaint.
RESPONSE: Admitted.
3. Admit that the premises described in the Complaint are the insured premises under
the insurance policy described in the Complaint.
RESPONSE: Admitted.
4. Admit that prior to the institution of this action, the insured made a claim under the
policy described in the Complaint for the loss described in the Complaint.
RESPONSE: Admitted.
***
FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 09/02/2021 10:09:16 PM.****
5. Admit that Defendant assigned claim number 001 -
00 -
234029 to the subject loss as
described in Plaintiffs' Complaint.
RESPONSE: Admitted.
6. Admit that prior to the institution of this action, that one or more of Defendant's
adjusters, independent adjusters, third-party adjusters or employees were showed, or
visited, or inspected the alleged damaged property.
RESPONSE: Admitted.
7. Admit that prior to the institution of this action, Defendant's insured permitted
Defendant access to the premises described in the subject policy after the date of the
alleged date of loss.
RESPONSE: Admitted.
8. Admit that prior to the institution of this action, Defendant did not request of its
insured in writing, that the insured submit to an examination under oath for the
alleged loss described in the Complaint.
RESPONSE: Admitted.
9. Admit that Defendant did not take a recorded statement of its insured.
RESPONSE: Admitted.
10. Admit that Defendant did not take an examination under oath of its insured.
RESPONSE: Admitted.
11. Admit that the insured has fully cooperated with the Defendant with respect to all
requests for investigation and inspection of the subject premises.
RESPONSE: Admitted.
12. Admit that the insured complied with all post loss obligations as set forth in the
insurance policy described in the Complaint.
RESPONSE: Admitted.
13. Admit that Defendant completed its investigation into claim number 001-00- 234029.
RESPONSE: Admitted.
14. Admit that Defendant acknowledgedcoverage for claim number 001-00-234029.
2
RESPONSE: Denied as phrased.
15. Admit that Defendant issued payment for claim number 001-00-234029, in the
amount of $6267.89.
RESPONSE: Admitted.
16. Admit that coverage for the loss which is the subject of claim number 001-00-234029
is not an issue in this litigation.
RESPONSE: Denied.
17. Admit that the perils at issue are covered under Citizen policy number 01346191.
RESPONSE: Denied as
phrased.
18. Admit that there remaining issues of material facts
are no as to whether the loss
described in the Complaint was caused by a covered peril.
RESPONSE: Denied.
19. Admit that Plaintiff made a supplemental demand for payment of additional insurance
benefits prior to filing the instant lawsuit.
RESPONSE: Admitted.
20. Admit that, Plaintiff's public adjuster submitted a supplemental demand for benefits
to Defendant, which included an estimate for $52,188.19 for Coverage A, and
$754.49 for Coverage B.
RESPONSE: Admitted.
21. Admit that, pursuant to section 627.428, Florida Statutes, Plaintiff's counsel is
entitled to attorney's fees insofar as any recovery is obtained by the Plaintiff as well
as all taxable costs and interest.
RESPONSE: Denied.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on September 2, 2021, the foregoing was electronically filed
through the Florida Courts E-Filing Portal which will send a notice of electronic filing to L. Dick
3
Ducheine, Esq, The Diener Firm, P.A., 8751 W. Broward Blvd, Suite 404, Plantation, FL 33324,
/s/ Ivelis Quinones
IVELIS QUINONES, ESQ.
Florida Bar No. 127606
Dean, Ringers, Morgan & Lawton, P.A.
Post Office Box 2928
Orlando, Florida 32802-2928
Tel: 407-422-4310 Fax: 407-648-0233
Maria@drml-law.com
Eservice:
Attorneys for Defendant
4
Document Filed Date
September 02, 2021
Case Filing Date
May 06, 2021
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
Filing # 133983881 E-Filed 09/02/2021 10:09:16 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA ANDRELIE PHANES and PHANES JOISSAINT, CASE NO: CACE-21-009224 (02) Plaintiffs, VS. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. i DEFENDANT'S RESPONSE TO REQUEST FOR ADMISSIONS Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, by and through undersigned counsel, hereby responds to the Plaintiffs' Request for Admissions and states as follows: 1. Admit that on the date of the alleged loss described in the Complaint that the policy described in the Complaint that the policy described in the Complaint was in full force and effect. RESPONSE: Admitted. 2. Admit that ANDRELIE and PHANES JOISSAINT are insureds (hereinafter, the "insured") under the insurance policy described in the Complaint. RESPONSE: Admitted. 3. Admit that the premises described in the Complaint are the insured premises under the insurance policy described in the Complaint. RESPONSE: Admitted. 4. Admit that prior to the institution of this action, the insured made a claim under the policy described in the Complaint for the loss described in the Complaint. RESPONSE: Admitted. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 09/02/2021 10:09:16 PM.**** 5. Admit that Defendant assigned claim number 001 - 00 - 234029 to the subject loss as described in Plaintiffs' Complaint. RESPONSE: Admitted. 6. Admit that prior to the institution of this action, that one or more of Defendant's adjusters, independent adjusters, third-party adjusters or employees were showed, or visited, or inspected the alleged damaged property. RESPONSE: Admitted. 7. Admit that prior to the institution of this action, Defendant's insured permitted Defendant access to the premises described in the subject policy after the date of the alleged date of loss. RESPONSE: Admitted. 8. Admit that prior to the institution of this action, Defendant did not request of its insured in writing, that the insured submit to an examination under oath for the alleged loss described in the Complaint. RESPONSE: Admitted. 9. Admit that Defendant did not take a recorded statement of its insured. RESPONSE: Admitted. 10. Admit that Defendant did not take an examination under oath of its insured. RESPONSE: Admitted. 11. Admit that the insured has fully cooperated with the Defendant with respect to all requests for investigation and inspection of the subject premises. RESPONSE: Admitted. 12. Admit that the insured complied with all post loss obligations as set forth in the insurance policy described in the Complaint. RESPONSE: Admitted. 13. Admit that Defendant completed its investigation into claim number 001-00- 234029. RESPONSE: Admitted. 14. Admit that Defendant acknowledgedcoverage for claim number 001-00-234029. 2 RESPONSE: Denied as phrased. 15. Admit that Defendant issued payment for claim number 001-00-234029, in the amount of $6267.89. RESPONSE: Admitted. 16. Admit that coverage for the loss which is the subject of claim number 001-00-234029 is not an issue in this litigation. RESPONSE: Denied. 17. Admit that the perils at issue are covered under Citizen policy number 01346191. RESPONSE: Denied as phrased. 18. Admit that there remaining issues of material facts are no as to whether the loss described in the Complaint was caused by a covered peril. RESPONSE: Denied. 19. Admit that Plaintiff made a supplemental demand for payment of additional insurance benefits prior to filing the instant lawsuit. RESPONSE: Admitted. 20. Admit that, Plaintiff's public adjuster submitted a supplemental demand for benefits to Defendant, which included an estimate for $52,188.19 for Coverage A, and $754.49 for Coverage B. RESPONSE: Admitted. 21. Admit that, pursuant to section 627.428, Florida Statutes, Plaintiff's counsel is entitled to attorney's fees insofar as any recovery is obtained by the Plaintiff as well as all taxable costs and interest. RESPONSE: Denied. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on September 2, 2021, the foregoing was electronically filed through the Florida Courts E-Filing Portal which will send a notice of electronic filing to L. Dick 3 Ducheine, Esq, The Diener Firm, P.A., 8751 W. Broward Blvd, Suite 404, Plantation, FL 33324, /s/ Ivelis Quinones IVELIS QUINONES, ESQ. Florida Bar No. 127606 Dean, Ringers, Morgan & Lawton, P.A. Post Office Box 2928 Orlando, Florida 32802-2928 Tel: 407-422-4310 Fax: 407-648-0233 Maria@drml-law.com Eservice: Attorneys for Defendant 4