On April 13, 2021 a
Stipulation,Agreement
was filed
involving a dispute between
Treppeda, Monica,
Treppeda, Peter,
and
United Property & Casualty Insurance Company, Inc.,
Universal Property & Casualty Insurance Company,
for Contract and Indebtedness
in the District Court of Broward County.
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Filing# 176776618 E-Filed 07/06/2023 08:15:02 AM
IN THE CIRCUIT COURT OF THE 17th JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FL
PETER and MONICA TREPPEDA,
Case No.: CACE-21-007431
Plaintiff(s),
VS.
UNIVERSAL PROPERTY & CASUALTY
INSURANCE COMPANY,
Defendant.
i
JOINT PRE-TRIAL STIPULATION
The partiesto this action, by and through their respectivecounsel, pursuant to this
Court's Uniform Trial Order, hereby file their Joint Pre-Trial Stipulationand in support thereof
states as follows:
A. Statement of Facts
This a breach of contract action brought by Plaintiffs againstDefendant for damages
is
resultingfrom an allegedloss that occurred on or about November 8,2020.
Plaintiffs contend that Defendant breached the contract and monies are owed to the
Plaintiffs.
The Defendant denies that it breached the contract and contends no monies are owed to
the Plaintiffs.
B. Stipulated Facts
1. The Plaintiffs own the property located at 16425 Sapphire Place, Weston, FL
33331.
2. Defendant issued a property insurance policy to Plaintiff, identified by Policy
Number 592-635-985 ("Policy"),for the real property located at 16425 Sapphire
Place, Weston, FL 33331.
3. Under the Policy,the Plaintiffs were insured with Defendant during the policy
period of January 18, 2020 to January 18, 2021.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 07/06/2023 08:15:02 AM.****
4. On November 11, 2020, Plaintiffs' reporteda claim for allegeddamage resulting
from a wind damage loss on November 8,2020.
5. Defendant acknowledged Plaintiffs claim and assigned claim number FL20-
0153899E420 (the"Claim").
6. On or about December 14, 2020, Defendant's field adjusterinspected the
property.
7. On or about 13, 2021, Plaintiffs filed a breach of contract action against
May
Universal for the referenced claim.
8. On or about June 18, 2021, Defendant issued correspondence to the Plaintiffs
regardingits coverage determination.
C. Statements of Disputed Law & Facts
Plaintiffs' Statements of Disputed Law & Fact
(1) Whether or not Defendant breached the subjectPolicy of insurance.
(2) Whether monies are owed to Plaintiff for the reporteddamages.
(3) Scope of damages.
(4)Amount of damages.
Defendant's Statements of Disputed Law & Fact
(1) Whether there was a direct,physicalloss at the Plaintiffs' property on or about
November 8,2020.
(2) Whether any policy exclusions apply.
(3) Whether any exceptionsto any policyexclusions apply.
(4) Whether coverage for either loss is barred due to to comply with
failure(s)
Policy conditions.
(5) If the loss is covered, whether damages were sustained as a result.
(6) The scope and cost of any covered damages.
D. Exhibit Lists
Plaintiffs' list was previouslyfiled with the Court.
Defendant's list was previouslyfiled the Court.
E. Witness Lists
Plaintiffs' list was previouslyfiled with the Court.
Defendant's list was previouslyfiled the Court.
F. Jurv Instructions
The Parties will file the Jury Instructions and Verdict form separately.
G. Verdict Forms
The Parties will file the Jury Instructions and Verdict form separately.
H. Peremptorv Challenges
Three challengesfor cause for the Plaintiff.
Three challengesfor cause for the Defendant.
I. Pending Motions
Plaintiff's Motion in Limine Regarding BolsteringTestimony and Incorporated
Memorandum of Law
Plaintiff's Motion in Limine to Preclude Questions or Testimony Regarding the
Relationsh* Between Plaintiff' s Law Firm and Plaintiff' s Expert Witness
Plaintiff's Motion in Limine Prohibiting Defnese Not Pled by Defendant
Plaintiff's Motion in Limine as to the Measure of Damages
Plaintiff's Bench Memorandum Regarding Overhead and Profit
Defendant's Motion in Limine Regarding Policy Premiums, Policy Limits, and Length of
Time Insured
Defendant's Motion in Limine Regarding Reference to Certain Matters
Defendant's Motion in Limine Regarding Replacement Cost Value (RCV) and Matching
Costs
3. Trial Estimates
Three (3)days total.
K. Daubert Issues
There are no Daubert related issues time; however, experts have not been deposed
at this
in this matter and depending on the expert'stestimony,there may be the necessityof
Daubert motions.
The Property People FL, PA Universal Property & Casualty Company
180 SW 8 Street,Suite 2590 P.O. Box 9388
Miami, Florida 33130 Fort Lauderdale, Florida 33309
Telephone: (844) 776-7364 Telephone: (954) 958-3319
Facsimile: (954) 958-1262
By: /s/Annette Vera
By-. /s/ Rafael Reyes
Annette Vera, Esq.
Florida Bar No. 118474 Rafael Reyes, Esq.
Florida Bar No. 1025876
For Service of Court Documents onlv:
Primary service@propertypeoplelaw.com For Service of Court Documents onlv:
Secondary: Primary:
annette@propertypeoplelaw.com com
upciceservice@universalproperty.
Secondary:
mb0628@universalproperty.com
Document Filed Date
July 06, 2023
Case Filing Date
April 13, 2021
Category
Contract and Indebtedness
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Filing# 176776618 E-Filed 07/06/2023 08:15:02 AM IN THE CIRCUIT COURT OF THE 17th JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FL PETER and MONICA TREPPEDA, Case No.: CACE-21-007431 Plaintiff(s), VS. UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. i JOINT PRE-TRIAL STIPULATION The partiesto this action, by and through their respectivecounsel, pursuant to this Court's Uniform Trial Order, hereby file their Joint Pre-Trial Stipulationand in support thereof states as follows: A. Statement of Facts This a breach of contract action brought by Plaintiffs againstDefendant for damages is resultingfrom an allegedloss that occurred on or about November 8,2020. Plaintiffs contend that Defendant breached the contract and monies are owed to the Plaintiffs. The Defendant denies that it breached the contract and contends no monies are owed to the Plaintiffs. B. Stipulated Facts 1. The Plaintiffs own the property located at 16425 Sapphire Place, Weston, FL 33331. 2. Defendant issued a property insurance policy to Plaintiff, identified by Policy Number 592-635-985 ("Policy"),for the real property located at 16425 Sapphire Place, Weston, FL 33331. 3. Under the Policy,the Plaintiffs were insured with Defendant during the policy period of January 18, 2020 to January 18, 2021. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 07/06/2023 08:15:02 AM.**** 4. On November 11, 2020, Plaintiffs' reporteda claim for allegeddamage resulting from a wind damage loss on November 8,2020. 5. Defendant acknowledged Plaintiffs claim and assigned claim number FL20- 0153899E420 (the"Claim"). 6. On or about December 14, 2020, Defendant's field adjusterinspected the property. 7. On or about 13, 2021, Plaintiffs filed a breach of contract action against May Universal for the referenced claim. 8. On or about June 18, 2021, Defendant issued correspondence to the Plaintiffs regardingits coverage determination. C. Statements of Disputed Law & Facts Plaintiffs' Statements of Disputed Law & Fact (1) Whether or not Defendant breached the subjectPolicy of insurance. (2) Whether monies are owed to Plaintiff for the reporteddamages. (3) Scope of damages. (4)Amount of damages. Defendant's Statements of Disputed Law & Fact (1) Whether there was a direct,physicalloss at the Plaintiffs' property on or about November 8,2020. (2) Whether any policy exclusions apply. (3) Whether any exceptionsto any policyexclusions apply. (4) Whether coverage for either loss is barred due to to comply with failure(s) Policy conditions. (5) If the loss is covered, whether damages were sustained as a result. (6) The scope and cost of any covered damages. D. Exhibit Lists Plaintiffs' list was previouslyfiled with the Court. Defendant's list was previouslyfiled the Court. E. Witness Lists Plaintiffs' list was previouslyfiled with the Court. Defendant's list was previouslyfiled the Court. F. Jurv Instructions The Parties will file the Jury Instructions and Verdict form separately. G. Verdict Forms The Parties will file the Jury Instructions and Verdict form separately. H. Peremptorv Challenges Three challengesfor cause for the Plaintiff. Three challengesfor cause for the Defendant. I. Pending Motions Plaintiff's Motion in Limine Regarding BolsteringTestimony and Incorporated Memorandum of Law Plaintiff's Motion in Limine to Preclude Questions or Testimony Regarding the Relationsh* Between Plaintiff' s Law Firm and Plaintiff' s Expert Witness Plaintiff's Motion in Limine Prohibiting Defnese Not Pled by Defendant Plaintiff's Motion in Limine as to the Measure of Damages Plaintiff's Bench Memorandum Regarding Overhead and Profit Defendant's Motion in Limine Regarding Policy Premiums, Policy Limits, and Length of Time Insured Defendant's Motion in Limine Regarding Reference to Certain Matters Defendant's Motion in Limine Regarding Replacement Cost Value (RCV) and Matching Costs 3. Trial Estimates Three (3)days total. K. Daubert Issues There are no Daubert related issues time; however, experts have not been deposed at this in this matter and depending on the expert'stestimony,there may be the necessityof Daubert motions. The Property People FL, PA Universal Property & Casualty Company 180 SW 8 Street,Suite 2590 P.O. Box 9388 Miami, Florida 33130 Fort Lauderdale, Florida 33309 Telephone: (844) 776-7364 Telephone: (954) 958-3319 Facsimile: (954) 958-1262 By: /s/Annette Vera By-. /s/ Rafael Reyes Annette Vera, Esq. Florida Bar No. 118474 Rafael Reyes, Esq. Florida Bar No. 1025876 For Service of Court Documents onlv: Primary service@propertypeoplelaw.com For Service of Court Documents onlv: Secondary: Primary: annette@propertypeoplelaw.com com upciceservice@universalproperty. Secondary: mb0628@universalproperty.com