On January 03, 2024 a
Party Discovery
was filed
involving a dispute between
Joanne Henry,
and
Edison Insurance Company,
for CA Insurance Claims
in the District Court of Lee County.
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Filing # 188989460 E-Filed 01/03/2024 11:47:45 AM
IN THE CIRCUIT COURT OF THE 20th
JUDICIAL CIRCUIT IN AND FOR
LEE COUNTY, FLORIDA
JOANNE A. HENRY INDIVIDUALLY
AND AS A TRUSTEE OF THE SECOND
RESTATED AND AMENDED TRUST
AGREEMENT OF JOANNE A. HENRY, CASE NO.:
Plaintiff,
v.
EDISON INSURANCE COMPANY,
Defendant.
______________________________________/
PLAINTIFF’S FIRST REQUEST FOR ADMISSIONS TO DEFENDANT
COMES NOW, Plaintiff, JOANNE A. HENRY INDIVIDUALLY AND AS A TRUSTEE
OF THE SECOND RESTATED AND AMENDED TRUST AGREEMENT OF JOANNE A.
HENRY, through the undersigned counsel, and hereby files its First Request for Admissions to
Defendant, EDISON INSURANCE COMPANY:
1. Please admit Defendant found that under insurance policy number EDH5383334-00,
Plaintiff’s claim, assigned claim number EDI954465, was determined to be caused by a covered
cause of loss.
2. Please admit Defendant found that insurance policy number EDH5383334-00 did not
provide coverage for any portion Plaintiff’s claim, assigned claim number EDI954465.
3. Please admit Defendant has not issued payment for claim number EDI954465 to the
Plaintiff prior to the initiation of this lawsuit.
4. Please admit that any payment issued by Defendant to Plaintiff under claim number
EDI954465 prior to the initiation of this action did not include any amount for overhead and
profit.
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eFiled Lee County Clerk of Courts Page 1
5. Please admit Defendant’s pre-suit estimate under insurance policy EDH5383334-00 for
claim number EDI954465 was insufficient to provide the actual cash value of the repairs needed
to return the insured property to its pre-loss condition.
6. Please admit the adjuster whose services Defendant employed to inspect the insured
property relating to claim number EDI954465 did not have a Florida adjuster’s license at the
time of the inspection.
7. Please admit Defendant does not know the credentials of any adjuster who inspected the
insured property for claim number EDI954465.
8. Please admit Defendant did not have a licensed contractor inspect Plaintiff’s property for
claim number EDI954465 prior to the initiation of this lawsuit.
9. Please admit Defendant did not have a Florida-licensed General Contractor inspect
Plaintiff’s property for claim number EDI954465 prior to the initiation of this lawsuit.
10. Please admit Defendant did not have a Florida-licensed expert examine Plaintiff’s
property for claim number EDI954465 prior to the initiation of this lawsuit.
11. Please admit the individual who prepared the repair estimate/report Defendant relied
upon for its coverage and/or payment determinations in claim number EDI954465 lacks the
licenses required by Florida Statutes to perform the construction and repair services said
individual included in his/her estimate.
12. Please admit that the repair estimate/report Defendant relied upon for its coverage and/or
payment determinations in claim number EDI954465 includes the unmodified prices provided by
the Xactimate software price lists.
13. Please admit Defendant did not request an examination under oath of Plaintiff for claim
number EDI954465 prior to the initiation of this action.
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eFiled Lee County Clerk of Courts Page 2
14. Please admit Defendant did not request a sworn proof of loss for claim number
EDI954465 prior to the initiation of this action.
15. Please admit Defendant did not offer to make any repairs at the subject property under
claim number EDI954465 prior to the initiation of this action.
16. Please admit Defendant did not request a recorded statement of Plaintiff for claim
number EDI954465.
17. Please admit that it will be necessary to acquire building permits in order to complete the
repairs outlined by the Defendant’s adjuster’s repair estimate for the subject property under
claim number EDI954465.
18. Please admit Defendant invoked its option to repair under the contract.
19. Please admit Defendant voluntarily accepted and retained the full deductible payment
made by Plaintiff, and thereafter refused to restore the subject property back to its pre-loss
condition.
[Certificate of Service on Following Page]
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eFiled Lee County Clerk of Courts Page 3
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a certified copy of the foregoing has been served on
Defendant.
KANNER & PINTALUGA, P.A.
Attorneys for Plaintiff
2020 Ponce De Leon, PH2
Coral Gables, FL 33134
Phone: (561) 424-0032
Fax: (866) 641-4690
Court Phone Number: (1-888) 824-7834
Email: sgibbons@kpattorney.com
mbatista@kpattorney.com
FirstPartyEService@kpattorney.com
By:_/s/ Shawn R. Gibbons .
SHAWN R. GIBBONS, ESQ.
Florida Bar No.: 118217
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eFiled Lee County Clerk of Courts Page 4
Document Filed Date
January 03, 2024
Case Filing Date
January 03, 2024
Category
CA Insurance Claims
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Filing # 188989460 E-Filed 01/03/2024 11:47:45 AM IN THE CIRCUIT COURT OF THE 20th JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA JOANNE A. HENRY INDIVIDUALLY AND AS A TRUSTEE OF THE SECOND RESTATED AND AMENDED TRUST AGREEMENT OF JOANNE A. HENRY, CASE NO.: Plaintiff, v. EDISON INSURANCE COMPANY, Defendant. ______________________________________/ PLAINTIFF’S FIRST REQUEST FOR ADMISSIONS TO DEFENDANT COMES NOW, Plaintiff, JOANNE A. HENRY INDIVIDUALLY AND AS A TRUSTEE OF THE SECOND RESTATED AND AMENDED TRUST AGREEMENT OF JOANNE A. HENRY, through the undersigned counsel, and hereby files its First Request for Admissions to Defendant, EDISON INSURANCE COMPANY: 1. Please admit Defendant found that under insurance policy number EDH5383334-00, Plaintiff’s claim, assigned claim number EDI954465, was determined to be caused by a covered cause of loss. 2. Please admit Defendant found that insurance policy number EDH5383334-00 did not provide coverage for any portion Plaintiff’s claim, assigned claim number EDI954465. 3. Please admit Defendant has not issued payment for claim number EDI954465 to the Plaintiff prior to the initiation of this lawsuit. 4. Please admit that any payment issued by Defendant to Plaintiff under claim number EDI954465 prior to the initiation of this action did not include any amount for overhead and profit. Page 1 of 4 eFiled Lee County Clerk of Courts Page 1 5. Please admit Defendant’s pre-suit estimate under insurance policy EDH5383334-00 for claim number EDI954465 was insufficient to provide the actual cash value of the repairs needed to return the insured property to its pre-loss condition. 6. Please admit the adjuster whose services Defendant employed to inspect the insured property relating to claim number EDI954465 did not have a Florida adjuster’s license at the time of the inspection. 7. Please admit Defendant does not know the credentials of any adjuster who inspected the insured property for claim number EDI954465. 8. Please admit Defendant did not have a licensed contractor inspect Plaintiff’s property for claim number EDI954465 prior to the initiation of this lawsuit. 9. Please admit Defendant did not have a Florida-licensed General Contractor inspect Plaintiff’s property for claim number EDI954465 prior to the initiation of this lawsuit. 10. Please admit Defendant did not have a Florida-licensed expert examine Plaintiff’s property for claim number EDI954465 prior to the initiation of this lawsuit. 11. Please admit the individual who prepared the repair estimate/report Defendant relied upon for its coverage and/or payment determinations in claim number EDI954465 lacks the licenses required by Florida Statutes to perform the construction and repair services said individual included in his/her estimate. 12. Please admit that the repair estimate/report Defendant relied upon for its coverage and/or payment determinations in claim number EDI954465 includes the unmodified prices provided by the Xactimate software price lists. 13. Please admit Defendant did not request an examination under oath of Plaintiff for claim number EDI954465 prior to the initiation of this action. Page 2 of 4 eFiled Lee County Clerk of Courts Page 2 14. Please admit Defendant did not request a sworn proof of loss for claim number EDI954465 prior to the initiation of this action. 15. Please admit Defendant did not offer to make any repairs at the subject property under claim number EDI954465 prior to the initiation of this action. 16. Please admit Defendant did not request a recorded statement of Plaintiff for claim number EDI954465. 17. Please admit that it will be necessary to acquire building permits in order to complete the repairs outlined by the Defendant’s adjuster’s repair estimate for the subject property under claim number EDI954465. 18. Please admit Defendant invoked its option to repair under the contract. 19. Please admit Defendant voluntarily accepted and retained the full deductible payment made by Plaintiff, and thereafter refused to restore the subject property back to its pre-loss condition. [Certificate of Service on Following Page] Page 3 of 4 eFiled Lee County Clerk of Courts Page 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a certified copy of the foregoing has been served on Defendant. KANNER & PINTALUGA, P.A. Attorneys for Plaintiff 2020 Ponce De Leon, PH2 Coral Gables, FL 33134 Phone: (561) 424-0032 Fax: (866) 641-4690 Court Phone Number: (1-888) 824-7834 Email: sgibbons@kpattorney.com mbatista@kpattorney.com FirstPartyEService@kpattorney.com By:_/s/ Shawn R. Gibbons . SHAWN R. GIBBONS, ESQ. Florida Bar No.: 118217 Page 4 of 4 eFiled Lee County Clerk of Courts Page 4