On April 04, 2024 a
Party Discovery
was filed
involving a dispute between
Brenda Radford,
Mike Radford,
and
Monarch National Insurance Company,
for CA Contracts and Indebtedness
in the District Court of Lee County.
Preview
Filing # 195448777 E-Filed 04/04/2024 08:07:16 AM
IN THE CIRCUIT COURT OF THE 20th
JUDICIAL CIRCUIT IN AND FOR
LEE COUNTY, FLORIDA
MIKE AND BRENDA RADFORD, CASE NO.:
Plaintiffs,
v.
MONARCH NATIONAL INSURANCE COMPANY,
Defendant.
__________________________________________/
PLAINTIFFS’ FIRST REQUEST FOR ADMISSIONS TO DEFENDANT
COME NOW, Plaintiffs, MIKE AND BRENDA RADFORD, through the undersigned
counsel, and hereby file their First Request for Admissions to Defendant, MONARCH
NATIONAL INSURANCE COMPANY:
1. Please admit Defendant found that under insurance policy number
MN000003616300, Plaintiffs’ claim, assigned claim number HO0522411513, was determined to
be caused by a covered cause of loss.
2. Please admit Defendant found that insurance policy number MN000003616300
did not provide coverage for any portion Plaintiffs’ claim, assigned claim number
HO0522411513.
3. Please admit Defendant has not issued payment for claim number HO0522411513
to the Plaintiffs prior to the initiation of this lawsuit.
4. Please admit that any payment issued by Defendant to Plaintiffs under claim
number HO0522411513 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
MN000003616300 for claim number HO0522411513 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 HO0522411513 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 HO0522411513.
8. Please admit Defendant did not have a licensed contractor inspect Plaintiffs’
property for claim number HO0522411513 prior to the initiation of this lawsuit.
9. Please admit Defendant did not have a Florida-licensed General Contractor
inspect Plaintiffs’ property for claim number HO0522411513 prior to the initiation of this
lawsuit.
10. Please admit Defendant did not have a Florida-licensed expert examine Plaintiffs’
property for claim number HO0522411513 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 HO0522411513
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 HO0522411513 includes the unmodified prices
provided by the Xactimate software price lists.
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eFiled Lee County Clerk of Courts Page 2
13. Please admit Defendant did not request an examination under oath of Plaintiffs for
claim number HO0522411513 prior to the initiation of this action.
14. Please admit Defendant did not request a sworn proof of loss for claim number
HO0522411513 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 HO0522411513 prior to the initiation of this action.
16. Please admit Defendant did not request a recorded statement of Plaintiffs for
claim number HO0522411513.
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 HO0522411513.
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 Plaintiffs, 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 copy of the foregoing has been served on Defendant.
KANNER & PINTALUGA, P.A.
Attorneys for Plaintiffs
1625 Hendry Street, 4th Floor
Fort. Myers, FL 33901
Phone: (561) 424-0032
Fax: (866) 641-4690
Court Phone Number: (1-888) 824-7834
Email: rpowers@kpattorney.com
qgoodley@kpattorney.com
FirstPartyEService@kpattorney.com
By:_/s/ Raymond D. Powers, Jr .
RAYMOND D. POWERS, JR, ESQ.
Florida Bar No.: 1011732
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eFiled Lee County Clerk of Courts Page 4
Document Filed Date
April 04, 2024
Case Filing Date
April 04, 2024
Category
CA Contracts and Indebtedness
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Filing # 195448777 E-Filed 04/04/2024 08:07:16 AM IN THE CIRCUIT COURT OF THE 20th JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA MIKE AND BRENDA RADFORD, CASE NO.: Plaintiffs, v. MONARCH NATIONAL INSURANCE COMPANY, Defendant. __________________________________________/ PLAINTIFFS’ FIRST REQUEST FOR ADMISSIONS TO DEFENDANT COME NOW, Plaintiffs, MIKE AND BRENDA RADFORD, through the undersigned counsel, and hereby file their First Request for Admissions to Defendant, MONARCH NATIONAL INSURANCE COMPANY: 1. Please admit Defendant found that under insurance policy number MN000003616300, Plaintiffs’ claim, assigned claim number HO0522411513, was determined to be caused by a covered cause of loss. 2. Please admit Defendant found that insurance policy number MN000003616300 did not provide coverage for any portion Plaintiffs’ claim, assigned claim number HO0522411513. 3. Please admit Defendant has not issued payment for claim number HO0522411513 to the Plaintiffs prior to the initiation of this lawsuit. 4. Please admit that any payment issued by Defendant to Plaintiffs under claim number HO0522411513 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 MN000003616300 for claim number HO0522411513 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 HO0522411513 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 HO0522411513. 8. Please admit Defendant did not have a licensed contractor inspect Plaintiffs’ property for claim number HO0522411513 prior to the initiation of this lawsuit. 9. Please admit Defendant did not have a Florida-licensed General Contractor inspect Plaintiffs’ property for claim number HO0522411513 prior to the initiation of this lawsuit. 10. Please admit Defendant did not have a Florida-licensed expert examine Plaintiffs’ property for claim number HO0522411513 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 HO0522411513 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 HO0522411513 includes the unmodified prices provided by the Xactimate software price lists. Page 2 of 4 eFiled Lee County Clerk of Courts Page 2 13. Please admit Defendant did not request an examination under oath of Plaintiffs for claim number HO0522411513 prior to the initiation of this action. 14. Please admit Defendant did not request a sworn proof of loss for claim number HO0522411513 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 HO0522411513 prior to the initiation of this action. 16. Please admit Defendant did not request a recorded statement of Plaintiffs for claim number HO0522411513. 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 HO0522411513. 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 Plaintiffs, 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 copy of the foregoing has been served on Defendant. KANNER & PINTALUGA, P.A. Attorneys for Plaintiffs 1625 Hendry Street, 4th Floor Fort. Myers, FL 33901 Phone: (561) 424-0032 Fax: (866) 641-4690 Court Phone Number: (1-888) 824-7834 Email: rpowers@kpattorney.com qgoodley@kpattorney.com FirstPartyEService@kpattorney.com By:_/s/ Raymond D. Powers, Jr . RAYMOND D. POWERS, JR, ESQ. Florida Bar No.: 1011732 Page 4 of 4 eFiled Lee County Clerk of Courts Page 4