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Filing# 160172382 E-Filed 10/28/2022 11:11:41 AM
IN THE CIRCUIT COURT OF THE 17TH
JUDICIALCIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
DURLENE C JEAN-BAPTISTE
F.K.A DURLENE CHARLES
AND GASBY JEAN-BAPTISTE, CASE NO.: CACE-22-014295
Plaintiffs,
VS.
UNIVERSAL PROPERTY & CASUALTY
INSURANCE COMPANY,
Defendant.
i
DEFENDANT'S REQUEST FOR ADMISSIONS TO PLAINTIFFS
Defendant UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY
through counsel and pursuant to Rule 1.370 ofthe Florida Rules of Civil Procedure,
("Universal"),
propounds this Request for Admissions upon Plaintiffs. Plaintiffs are to respond in writingto this
Request for Admissions within thirty(30) days from the date of service.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK1
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/28/2022 11:11:41 AM.****
DURLENE C JEAN-BAPTISTE et al. vs. UPCIC
CASE NO.: CACE-22-014295
Page 2
DEFINITIONS
1. "Calendar Year" means that period of time that begins at 12:01 a.m. on January 1 of any
given year and ends at 11:59 pm. on December 31 of that year.
2. "Claim" means the insurance claim that Plaintiffs(as defined herein) reported to
Defendant (as defined herein)and that serves as a basis for any causes of action asserted against
Defendant in this action.
3. "Claimed Cause of Loss" means the event and/or reason that You (as defined herein)are
claimingthat the Insured Property (as defined herein)was damaged.
4. "Concerning", "concern," or any other derivative thereof as used herein, shall be
construed as referringto, responding to, relatingto, pertainingto, connected with, comprising,
memorializing, commenting on, substantiating,
regarding, discussing,showing, describing,
reflecting, and
analyzing, constituting.
5. "Control" means having possessionof and/or the power and/or authorityto request
possessionofthe subjectmatter or a copy thereof,or direct the possession,
movement, transfer or
of the subjectproperty or document.
other disposition
6. "Date" means the exact date (includingday, month, and year).Ifthe exact day,month, and
year is then the best available approximation of the exact day, month, and year.
not ascertainable,
7. "Defendant" means Universal Property & CasualtyInsurance Company.
8."Document" or"documents" means anythingwhich may be considered to be a document or
tangiblethingwithin the meaning of Fla. R. Civ. P. 1.350 and means any and all correspondence,
records,reports, memoranda, notes, letters,
telegrams,emails,voicemails, telexes,texts, messages
(including, but not limited to, memos, notes and/or reports of telephone conversations and
conferences),studies,analyses,books, magazines, newspapers, publications,
booklets, pamphlets,
circulars,
bulletins,instructions,
minutes, or other communications but not limited to,
(including,
interoffice and intra-office
communications),questionnaires, surveys, contracts, memoranda of
agreements, assignments, books of account, journals,ledgers,summaries, opinions,reports,
evaluations,financial statements and all records of or reflecting business operations,mortgages,
evaluations,orders,working papers, bills of load
lading,shippinglists, sheets, warehouse rece*ts,
records of summaries of personal interviews or conversations,
letters of credit,insurance policies,
appointment calendars, diaries,schedules, printouts,drawings, specifications, patents, patent
applications,certificates ofregistration, for registration,
applications graphs,charts,studies, planning
materials,statistical statements and compilations,
forecasts,work papers, invoices,statements, bills,
checks, bank books, bank statements, forms, vouchers, notebooks, data sheets,microfilm,microfiche,
2
DURLENE C JEAN-BAPTISTE et al. vs. UPCIC
CASE NO.: CACE-22-014295
Page 3
audio tape, video tape, compact disks,blueprints,
photographicnegatives, architectural
specifications,
diagrams, schematics, logic diagrams, timing diagrams, pictures,photographs,microscopically
obtained photographs,test results,belts,tapes, magnetic tapes, paper tapes, plotteroutput recordings,
discs,data cards,films,data processingfiles, computer files and other computer readable records or
programs and all other written,printedor recorded matter of any kind,and all other data compilations
from which information can be obtained, and translated,if necessary, and all originals, drafts and
copiesthereof. Any documents bearingany marks including, but not limited to, initials,stamped
of
indicia,comments, or notations, any kind that are not a part of the originaltext or photographic
reproductionthereof are to be considered and identified as separate documents.
9. "Dwelling" means the physical dwelling located at the Insured Property (as defined
herein).
10."Insured Property" means the real property listed on the declarations page of
specifically
the Policy (as defined herein).
11. "Other Structures" means any structures located at the Insured Property that are set apart
from and/or not connected to the Dwelling including, but not limited to, those structures connected
line,and/or similar connection.
only by a fence, utility
12. "Person" or "Persons" shall mean any natural person but not
or any legalentityincluding,
limited to, corporation,partnersh* and unincorporated association, firm, joint venture,
a
proprietorship,and/or any other entityor group ofnatural persons or such entities, or plural,
singular
male, female, or neuter gender,as the context may require,and any officer.
13. "Plaintiff" means any person and/or entitynamed as a plaintiff
in this action.
14."Policy" means the insurance policythat serves as a basis for any causes of action asserted
againstDefendant in this lawsuit.
15. "Related to", "relatingto", and "relate to" shall include to, relevant
pertainingto, referring
to, supporting,contradicting,
mentioning,evidencing,discussing or otherwise involving,whether
directly the subjectmatter of the specified
or indirectly, request.
16. "Universal" means Defendant UNIVERSAL PROPERTY & CASUALTY INSURANCE
COMPANY
17. "Written Communication" or "correspondence" means the conveyance of information
by a writing,whether by letters,
e-mails,memoranda, handwritten notes and/or faxes.
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DURLENE C JEAN-BAPTISTE et al. vs. UPCIC
CASE NO.: CACE-22-014295
Page 4
"Witness Statement" or "Statement" means a statement of any person with knowledge
18.
of relevant facts,regardlessof when the statement was made, and is either (i)a written statement
signed or otherwise adopted and/or approved in writing by the person making it; or, (ii)a
and/or other type of recording of a person's oral statement
stenographic,mechanical, electrical,
of such recording.
verbatim transcript
and/or any substantially
19. "You" or "Your" means the specific party respondingto these requests and/or any person
and/or entitynamed as a Plaintiff in this action.
20. "Your Counsel" means the attorney or attorneys who are representingor have represented
you either with regardto the claim or in this lawsuit.
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DURLENE C JEAN-BAPTISTE et al. vs. UPCIC
CASE NO.: CACE-22-014295
Page 5
REQUESTED ADMISSIONS
1. Admit that Plaintiffs did not report the Claim until March 25,2022.
RESPONSE:
2. Admit that Plaintiffs received a full and complete copy ofthe Universal Property and
Casualty Insurance Policy that is the subjectof this lawsuit on or priorto its effective
date.
RESPONSE:
3. Admit that Plaintiffs failed to comply with all post-lossobligationsset forth in the
Policy.
RESPONSE:
4. Admit that Plaintiffs were aware of damage to the Insured Property stemming from the
Claimed Cause of Loss on June 14, 2021.
RESPONSE:
5. Admit that Plaintiffs did not submit all documents requestedby Universal in connection
with the Claim priorto filing
the instant action.
RESPONSE:
6. Admit that Plaintiffs were requiredto provide Universal with a sworn proof of loss
within 60 days ofUniversal's request.
5
DURLENE C JEAN-BAPTISTE et al. vs. UPCIC
CASE NO.: CACE-22-014295
Page 6
RESPONSE:
7. Admit that Plaintiffs did not make any repairs and/or renovations to the Insured
Property after the Claimed Cause of Loss.
RESPONSE:
8. Admit that Plaintiffs did not perform any emergency mitigationservices after the
Claimed Cause of Loss.
RESPONSE:
9. Admit that the Plaintiffs failed to make reasonable and necessary repairsto protect
the property followingthe reportedloss.
RESPONSE:
10. Admit that Plaintiffs have photos of internal areas of the Insured Property before the
Claimed Cause of Loss.
RESPONSE:
11. Admit that Plaintiffs have photos of internal areas of the Insured Property after the
Claimed Cause of Loss.
RESPONSE:
12. Admit that at least some of the damages Plaintiffs are claiming in connection with the
Claim pre-datethe Date of the Claimed Cause of Loss.
RESPONSE:
13. Admit that at least some of the damages Plaintiffs are claiming in connection with the
Claim pre-datethe inceptiondate of the Policy.
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DURLENE C JEAN-BAPTISTE et al. vs. UPCIC
CASE NO.: CACE-22-014295
Page 7
RESPONSE:
14. Admit that the Plaintiffs failed to show all allegeddamaged property to Universal
followingthe reportedloss.
RESPONSE:
15. Admit that the claims allegedin Plaintiffs Complaint are subjectto the Conditions
and Exclusions in Plaintiffs' Universal policy.
RESPONSE:
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DURLENE C JEAN-BAPTISTE et al. vs. UPCIC
CASE NO.: CACE-22-014295
Page 8
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoingwas furnished via E-
service to: Magali J. Sanders, Esq., Kandell Kandell & Petrie, (Maggie@kkpfirnl.com) and
rm.comi),Counsel for Plaintiffs,
(All@kkpfii on October 28,2022.
AttorneysMDefendant
Universal Property & CasualtyIns. Co.
PO Box 9388
Fort Lauderdale, Florida 33310
Telephone: 954-958-3319
Toll-Free: 1-833-658-8594 (JudgesOnly)
Facsimile: 954-958-1262
By: /s/ Jasmine Jackson
Jasmine Jackson, Esq.
Florida Bar No. 1007979
For Service of Court Documents onlv:
Primary: upciceservice06@universalproperty.com
Secondary: md0308@universalproperty.com
Tertiary:
jf1004@universalproperty.com
For Scheduling Matters:
md0308@universalproperty.com
Please do not send any inquiries or scheduling matters to
upciceservice@universalpropertv.com or upciceservice06@universalpropertv.com
8
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Filing# 160172382 E-Filed 10/28/2022 11:11:41 AM IN THE CIRCUIT COURT OF THE 17TH JUDICIALCIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA DURLENE C JEAN-BAPTISTE F.K.A DURLENE CHARLES AND GASBY JEAN-BAPTISTE, CASE NO.: CACE-22-014295 Plaintiffs, VS. UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. i DEFENDANT'S REQUEST FOR ADMISSIONS TO PLAINTIFFS Defendant UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY through counsel and pursuant to Rule 1.370 ofthe Florida Rules of Civil Procedure, ("Universal"), propounds this Request for Admissions upon Plaintiffs. Plaintiffs are to respond in writingto this Request for Admissions within thirty(30) days from the date of service. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK1 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/28/2022 11:11:41 AM.**** DURLENE C JEAN-BAPTISTE et al. vs. UPCIC CASE NO.: CACE-22-014295 Page 2 DEFINITIONS 1. "Calendar Year" means that period of time that begins at 12:01 a.m. on January 1 of any given year and ends at 11:59 pm. on December 31 of that year. 2. "Claim" means the insurance claim that Plaintiffs(as defined herein) reported to Defendant (as defined herein)and that serves as a basis for any causes of action asserted against Defendant in this action. 3. "Claimed Cause of Loss" means the event and/or reason that You (as defined herein)are claimingthat the Insured Property (as defined herein)was damaged. 4. "Concerning", "concern," or any other derivative thereof as used herein, shall be construed as referringto, responding to, relatingto, pertainingto, connected with, comprising, memorializing, commenting on, substantiating, regarding, discussing,showing, describing, reflecting, and analyzing, constituting. 5. "Control" means having possessionof and/or the power and/or authorityto request possessionofthe subjectmatter or a copy thereof,or direct the possession, movement, transfer or of the subjectproperty or document. other disposition 6. "Date" means the exact date (includingday, month, and year).Ifthe exact day,month, and year is then the best available approximation of the exact day, month, and year. not ascertainable, 7. "Defendant" means Universal Property & CasualtyInsurance Company. 8."Document" or"documents" means anythingwhich may be considered to be a document or tangiblethingwithin the meaning of Fla. R. Civ. P. 1.350 and means any and all correspondence, records,reports, memoranda, notes, letters, telegrams,emails,voicemails, telexes,texts, messages (including, but not limited to, memos, notes and/or reports of telephone conversations and conferences),studies,analyses,books, magazines, newspapers, publications, booklets, pamphlets, circulars, bulletins,instructions, minutes, or other communications but not limited to, (including, interoffice and intra-office communications),questionnaires, surveys, contracts, memoranda of agreements, assignments, books of account, journals,ledgers,summaries, opinions,reports, evaluations,financial statements and all records of or reflecting business operations,mortgages, evaluations,orders,working papers, bills of load lading,shippinglists, sheets, warehouse rece*ts, records of summaries of personal interviews or conversations, letters of credit,insurance policies, appointment calendars, diaries,schedules, printouts,drawings, specifications, patents, patent applications,certificates ofregistration, for registration, applications graphs,charts,studies, planning materials,statistical statements and compilations, forecasts,work papers, invoices,statements, bills, checks, bank books, bank statements, forms, vouchers, notebooks, data sheets,microfilm,microfiche, 2 DURLENE C JEAN-BAPTISTE et al. vs. UPCIC CASE NO.: CACE-22-014295 Page 3 audio tape, video tape, compact disks,blueprints, photographicnegatives, architectural specifications, diagrams, schematics, logic diagrams, timing diagrams, pictures,photographs,microscopically obtained photographs,test results,belts,tapes, magnetic tapes, paper tapes, plotteroutput recordings, discs,data cards,films,data processingfiles, computer files and other computer readable records or programs and all other written,printedor recorded matter of any kind,and all other data compilations from which information can be obtained, and translated,if necessary, and all originals, drafts and copiesthereof. Any documents bearingany marks including, but not limited to, initials,stamped of indicia,comments, or notations, any kind that are not a part of the originaltext or photographic reproductionthereof are to be considered and identified as separate documents. 9. "Dwelling" means the physical dwelling located at the Insured Property (as defined herein). 10."Insured Property" means the real property listed on the declarations page of specifically the Policy (as defined herein). 11. "Other Structures" means any structures located at the Insured Property that are set apart from and/or not connected to the Dwelling including, but not limited to, those structures connected line,and/or similar connection. only by a fence, utility 12. "Person" or "Persons" shall mean any natural person but not or any legalentityincluding, limited to, corporation,partnersh* and unincorporated association, firm, joint venture, a proprietorship,and/or any other entityor group ofnatural persons or such entities, or plural, singular male, female, or neuter gender,as the context may require,and any officer. 13. "Plaintiff" means any person and/or entitynamed as a plaintiff in this action. 14."Policy" means the insurance policythat serves as a basis for any causes of action asserted againstDefendant in this lawsuit. 15. "Related to", "relatingto", and "relate to" shall include to, relevant pertainingto, referring to, supporting,contradicting, mentioning,evidencing,discussing or otherwise involving,whether directly the subjectmatter of the specified or indirectly, request. 16. "Universal" means Defendant UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY 17. "Written Communication" or "correspondence" means the conveyance of information by a writing,whether by letters, e-mails,memoranda, handwritten notes and/or faxes. 3 DURLENE C JEAN-BAPTISTE et al. vs. UPCIC CASE NO.: CACE-22-014295 Page 4 "Witness Statement" or "Statement" means a statement of any person with knowledge 18. of relevant facts,regardlessof when the statement was made, and is either (i)a written statement signed or otherwise adopted and/or approved in writing by the person making it; or, (ii)a and/or other type of recording of a person's oral statement stenographic,mechanical, electrical, of such recording. verbatim transcript and/or any substantially 19. "You" or "Your" means the specific party respondingto these requests and/or any person and/or entitynamed as a Plaintiff in this action. 20. "Your Counsel" means the attorney or attorneys who are representingor have represented you either with regardto the claim or in this lawsuit. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANKI 4 DURLENE C JEAN-BAPTISTE et al. vs. UPCIC CASE NO.: CACE-22-014295 Page 5 REQUESTED ADMISSIONS 1. Admit that Plaintiffs did not report the Claim until March 25,2022. RESPONSE: 2. Admit that Plaintiffs received a full and complete copy ofthe Universal Property and Casualty Insurance Policy that is the subjectof this lawsuit on or priorto its effective date. RESPONSE: 3. Admit that Plaintiffs failed to comply with all post-lossobligationsset forth in the Policy. RESPONSE: 4. Admit that Plaintiffs were aware of damage to the Insured Property stemming from the Claimed Cause of Loss on June 14, 2021. RESPONSE: 5. Admit that Plaintiffs did not submit all documents requestedby Universal in connection with the Claim priorto filing the instant action. RESPONSE: 6. Admit that Plaintiffs were requiredto provide Universal with a sworn proof of loss within 60 days ofUniversal's request. 5 DURLENE C JEAN-BAPTISTE et al. vs. UPCIC CASE NO.: CACE-22-014295 Page 6 RESPONSE: 7. Admit that Plaintiffs did not make any repairs and/or renovations to the Insured Property after the Claimed Cause of Loss. RESPONSE: 8. Admit that Plaintiffs did not perform any emergency mitigationservices after the Claimed Cause of Loss. RESPONSE: 9. Admit that the Plaintiffs failed to make reasonable and necessary repairsto protect the property followingthe reportedloss. RESPONSE: 10. Admit that Plaintiffs have photos of internal areas of the Insured Property before the Claimed Cause of Loss. RESPONSE: 11. Admit that Plaintiffs have photos of internal areas of the Insured Property after the Claimed Cause of Loss. RESPONSE: 12. Admit that at least some of the damages Plaintiffs are claiming in connection with the Claim pre-datethe Date of the Claimed Cause of Loss. RESPONSE: 13. Admit that at least some of the damages Plaintiffs are claiming in connection with the Claim pre-datethe inceptiondate of the Policy. 6 DURLENE C JEAN-BAPTISTE et al. vs. UPCIC CASE NO.: CACE-22-014295 Page 7 RESPONSE: 14. Admit that the Plaintiffs failed to show all allegeddamaged property to Universal followingthe reportedloss. RESPONSE: 15. Admit that the claims allegedin Plaintiffs Complaint are subjectto the Conditions and Exclusions in Plaintiffs' Universal policy. RESPONSE: [REMAINDER OF PAGE INTENTIONALLY LEFT BLANKI 7 DURLENE C JEAN-BAPTISTE et al. vs. UPCIC CASE NO.: CACE-22-014295 Page 8 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoingwas furnished via E- service to: Magali J. Sanders, Esq., Kandell Kandell & Petrie, (Maggie@kkpfirnl.com) and rm.comi),Counsel for Plaintiffs, (All@kkpfii on October 28,2022. AttorneysMDefendant Universal Property & CasualtyIns. Co. PO Box 9388 Fort Lauderdale, Florida 33310 Telephone: 954-958-3319 Toll-Free: 1-833-658-8594 (JudgesOnly) Facsimile: 954-958-1262 By: /s/ Jasmine Jackson Jasmine Jackson, Esq. Florida Bar No. 1007979 For Service of Court Documents onlv: Primary: upciceservice06@universalproperty.com Secondary: md0308@universalproperty.com Tertiary: jf1004@universalproperty.com For Scheduling Matters: md0308@universalproperty.com Please do not send any inquiries or scheduling matters to upciceservice@universalpropertv.com or upciceservice06@universalpropertv.com 8