On September 23, 2022 a
Reply - Party: Plaintiff Brooks, Valerie
was filed
involving a dispute between
Brooks, Valerie,
and
Universal Property & Casualty Insurance Company,
in the District Court of Broward County.
Preview
Filing# 160000723 E-Filed 10/26/2022 11:42:17 AM
Broward County, Circuit Court
Seventeenth Judicial Circuit
General Jurisdiction Division
Valerie Brooks,
Case No. CACE-22-014300
Plaintiff.
VS.
Universal Property & Casualty Insurance Company,
Defendants.
i
Plaintiff's Reply in Avoidance to Defendant's Affirmative Defenses
by and throughundersigned counsel,files this Reply in Avoidance to Defendant's
Plaintiff,
Affirmative Defenses raised by the Defendant in the Defendant's Answer and Affirmative
Defenses, and states more specifically
as follows:
1. Plaintiff denies each and every affirmative defense raised by the Defendant, and
demands strict proof thereof.
2. The Defendant has waived its affirmative defenses and is estopped from raisingthese
defenses in the instant action.
3. Plaintiff states that any ambiguity in the subjectinsurance policy is to be construed
againstthe Defendant and in favor of coverage.
4. Plaintiff states that all policyexclusions are to be narrowly interpreted
in favor of the
the Insured,under the subjectinsurance policy.
Plaintiff,
5. Plaintiff states that all post-lossconditions are conditions subsequent,and therefore,
the Defendant shall have the burden of establishing
prejudicefor any allegednon-
compliance ofthose conditions.
6. Plaintiff allegesthat the Defendant
Specifically, is estopped from raisingand asserting
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/26/2022 11:42:17 AM.****
certain of its Affirmative Defenses due to its pre-suitactions having waived its ability
to do so. Defendant admitted coverage for the underlying insurance claim, issued
payments to both the Plaintiff and the Insured, and therefore waived any arguments
raised in these defenses.
7. Further, the Defendant is unable to claim that they were prejudicedby any purported
failure to comply with a condition precedent due to the aforementioned decision to
admit coverage for the underlyingclaim priorto the initiation of this suit.
October 26,2022
Miami, FL
Respectfullysubmitted,
Michael E. Chisholm, Esq.
Florida Bar No. 0111926
Ruzy Behnejad, Esq.
Florida Bar No. 111894
/s/ Michael E. Chisholm
Michael E. Chisholm, Esq.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on October 26,2022, this document was filed using the Florida
Courts E-Filing Portal. This document is being served on all counsel and pro se parties of record by the
Florida Courts E-Filing Portal, pursuant to and in compliance with Fla. R. Jud. Admin. 2.516.
SONDELA LAW LLC
1825 Ponce De Leon Blvd, No. 514
Coral Gables, FL 33134
Tel: 305-798-6988
/si Michael E. Chisholm
Michael E. Chisholm, Esq.
Fla. Bar No.. 0111926
michael@sondelalaw.com
Ruzy Behnejad, Esq.
Fla. Bar No.. 0111894
ruzy@sondelalaw.com
Counsel for Plaintiff
Document Filed Date
October 26, 2022
Case Filing Date
September 23, 2022
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
Filing# 160000723 E-Filed 10/26/2022 11:42:17 AM Broward County, Circuit Court Seventeenth Judicial Circuit General Jurisdiction Division Valerie Brooks, Case No. CACE-22-014300 Plaintiff. VS. Universal Property & Casualty Insurance Company, Defendants. i Plaintiff's Reply in Avoidance to Defendant's Affirmative Defenses by and throughundersigned counsel,files this Reply in Avoidance to Defendant's Plaintiff, Affirmative Defenses raised by the Defendant in the Defendant's Answer and Affirmative Defenses, and states more specifically as follows: 1. Plaintiff denies each and every affirmative defense raised by the Defendant, and demands strict proof thereof. 2. The Defendant has waived its affirmative defenses and is estopped from raisingthese defenses in the instant action. 3. Plaintiff states that any ambiguity in the subjectinsurance policy is to be construed againstthe Defendant and in favor of coverage. 4. Plaintiff states that all policyexclusions are to be narrowly interpreted in favor of the the Insured,under the subjectinsurance policy. Plaintiff, 5. Plaintiff states that all post-lossconditions are conditions subsequent,and therefore, the Defendant shall have the burden of establishing prejudicefor any allegednon- compliance ofthose conditions. 6. Plaintiff allegesthat the Defendant Specifically, is estopped from raisingand asserting *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/26/2022 11:42:17 AM.**** certain of its Affirmative Defenses due to its pre-suitactions having waived its ability to do so. Defendant admitted coverage for the underlying insurance claim, issued payments to both the Plaintiff and the Insured, and therefore waived any arguments raised in these defenses. 7. Further, the Defendant is unable to claim that they were prejudicedby any purported failure to comply with a condition precedent due to the aforementioned decision to admit coverage for the underlyingclaim priorto the initiation of this suit. October 26,2022 Miami, FL Respectfullysubmitted, Michael E. Chisholm, Esq. Florida Bar No. 0111926 Ruzy Behnejad, Esq. Florida Bar No. 111894 /s/ Michael E. Chisholm Michael E. Chisholm, Esq. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on October 26,2022, this document was filed using the Florida Courts E-Filing Portal. This document is being served on all counsel and pro se parties of record by the Florida Courts E-Filing Portal, pursuant to and in compliance with Fla. R. Jud. Admin. 2.516. SONDELA LAW LLC 1825 Ponce De Leon Blvd, No. 514 Coral Gables, FL 33134 Tel: 305-798-6988 /si Michael E. Chisholm Michael E. Chisholm, Esq. Fla. Bar No.. 0111926 michael@sondelalaw.com Ruzy Behnejad, Esq. Fla. Bar No.. 0111894 ruzy@sondelalaw.com Counsel for Plaintiff