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Filing # 196418969 E-Filed 04/17/2024 03:42:05 PM
IN THE CIRCUIT COURT OF THE 13TH
JUDICIAL CIRCUIT IN AND FOR
HILLSBOROUGH COUNTY, FLORIDA
CASE NO.:
RAFAEL CASTELLANOS,
Plaintiff,
v.
HERITAGE PROPERTY & CASUALTY
INSURANCE COMPANY,
Defendant.
________________________________________/
PLAINTIFF’S REQUEST FOR ADMISSIONS
PLEASE TAKE NOTICE that the Defendant, HERITAGE PROPERTY &
CASUALTY INSURANCE COMPANY, is required to ADMIT or DENY the following
REQUESTS FOR ADMISSIONS pursuant to the applicable Florida Rules of Civil Procedure.
Responses are due within 30 days of these requests or the same are deemed ADMITTED. Your
responses should be served upon the office of PROPERTY LITIGATION GROUP, PLLC, 2750
SW 145TH Ave, Suite 509, Miramar, Florida 33027, on or before 30 days after receipt of these
requests.
DEFINITIONS
A. The term "documents" means all writings of any kind, including the originals and all non-
identical copies, whether different from the original by reason of any notation made on such copies
or otherwise, including (without limitations) correspondence, memoranda, notes, diaries,
statistics, letters, telegrams, minutes, contracts, reports, studies, checks, statements, receipts,
returns, summaries, pamphlets, books, prospectuses, inter-office and intra-office
communications, offers, notations of any sort of conversation, telephone calls, meetings or other
communications, bulletins, printed matter, computer print-outs, teletypes, telefax, invoices,
worksheets and all drafts, alterations, modifications, changes, and amendments of any of the
foregoing, graphic or aural writs, records or representations of any kind, including (without
limitations) photographs, charts, graphs, microfiche, microfilm, videotape, recordings, motion
pictures; and electronic, mechanical or electric records or representations of any kind, including
(without limitation) tapes, cassettes, computer magnetic or optical disc media and disc recordings.
B. The term "relating to" as used herein is defined to mean evidencing, referring to,
pertaining to, consisting of, reflecting, concerning, or in any way logically or factually connected
with the matter discussed.
PROPERTY LITIGATION GROUP, PLLC
2750 SW 145TH Ave., Ste. 509│ Miramar, Florida 33027 │ Phone: (786) 703-8810
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4/17/2024 3:42 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1
C. As used in this Discovery request, the phrases “describe and explain,” and “state” are
intended to and shall be interpreted to request a full and fair statement of the fact or matter being
described and explained, including a statement of all facts, statements, events and circumstances
necessary to understand and evaluate the fact or matter being described and explained.
D. Each of the following discovery requests seeking an identification of documents
is intended to be interpreted to request and require:
1. The date of the document;
2. The originator of the document;
3. The type of document;
4. The addressee of the document, if any;
5. Identification of persons to whom copies of the documents were furnished;
6. Details as to the custody of the document on the date the Interrogatories are
answered;
7. Specific page numbers where the information requested may be found, if
appropriate; or, alternatively, documents may be identified by numbering each
such document and referring to the number in the answer and providing a true
copy of each such numbered document with the Answers to Interrogatories.
E. Each of the following Discovery Requests or Interrogatories requesting the identification
of persons is intended to be interpreted to request and require for each witness known to the
Defendant:
1. The name of the individual;
2. The last known address and phone number of the individual;
3. The place of employment of the individual and the person's last known address;
4. The substance of the witnesses' knowledge or information relating to the
information requested.
"Policy": means that certain insurance policy as described in the complaint
"Defendant" or “You”: means Defendant, its attorneys, agents, partners, employees,
officers, directors, stockholders, and all other persons acting on
its behalf.
"Person": means all individuals, corporations, partnerships, joint
venture groups, associations, governmental agencies and all
other organizations.
"Document": means all written, typed, photographic, computerized or printed
materials, including but not limited to the original and all non-
identical copies of all letters, books, records, charts, ledgers, drafts,
checks, check stubs, passbooks, certificates, graphs, facsimile
transmissions, telegrams, reports, contracts, invoices, receipts,
PROPERTY LITIGATION GROUP, PLLC
2750 SW 145TH Ave., Ste. 509│ Miramar, Florida 33027 │ Phone: (786) 703-8810
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4/17/2024 3:42 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2
brochures, pamphlets, studies, lists, notes, memoranda, computer
sketches, video tapes, motion pictures, blue-prints, photographs,
microfilm, microfiche, computer discs and all other materials or
documentation which pertains or contains information directly or
indirectly, in whole or in part, and in any manner, to any of the
subjects inquired about.
F. Unless otherwise indicated, all requests include the time period from the date of the
Loss through the date you respond to this request.
G. The term “Insured” shall refer to the Plaintiff(s), affiliates, predecessors, successors,
agents, attorneys and/or anyone else acting in their behalf.
INSTRUCTIONS
Before answering the following Admission Requests, will you please make such inquiries of
your agents, servants, employees and/or attorneys as will enable you to make full and true
answers to the following, in accordance with the applicable Florida Rules of Civil Procedure.
ADMISSIONS REQUESTED
1. Admit that on the date of the alleged loss described in the Complaint that the policy
described in the Complaint was in full force and effect.
RESPONSE: ADMITTED, DENIED
2. Admit that Plaintiff(s) is/are the named insured(s) under the insurance policy described in
the Complaint.
RESPONSE: ADMITTED, DENIED
3. Admit that the premises described in the Complaint are the insured premises under
the insurance policy described in the Complaint.
RESPONSE: ADMITTED, DENIED
4. Admit that Plaintiff(s) submitted to Defendant a written estimate of repairs for the damage
alleged to have occurred by reason of the alleged loss described in the Complaint.
RESPONSE: ADMITTED, DENIED
5. Admit that the Plaintiff(s) has/have fully cooperated with the Defendant with respect to
all requests for investigation and inspection of the subject Premises.
RESPONSE: ADMITTED, DENIED
PROPERTY LITIGATION GROUP, PLLC
2750 SW 145TH Ave., Ste. 509│ Miramar, Florida 33027 │ Phone: (786) 703-8810
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4/17/2024 3:42 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3
6. Admit that Defendant did not take or request a recorded statement of the Plaintiff(s) with
regard to the subject loss.
RESPONSE: ADMITTED, DENIED
7. Admit that Defendant did not take or request an examination under oath of the Plaintiff(s)
with regard to the subject loss.
RESPONSE: ADMITTED, DENIED
8. Admit that the Plaintiff(s) has/have complied with all pre-loss and post loss obligations
required by the policy, or requested by the Defendant as set forth in the insurance policy.
RESPONSE: ADMITTED, DENIED
9. Admit that there is a disagreement between the Plaintiff(s) and Defendant as to the
amount of the alleged loss described in the Complaint.
RESPONSE: ADMITTED, DENIED
10. Admit that prior to the date of the filing of this lawsuit; Defendant did not request of
Plaintiff(s), in writing, that Plaintiff(s) submit to an examination under oath for the alleged
loss described in the Complaint.
RESPONSE: ADMITTED, DENIED
11. Admit that prior to the date of the filing of this lawsuit; Defendant did not request of
Plaintiff(s), in writing that Plaintiff(s) send to Defendant a signed sworn proof of loss for the
alleged loss described in the Complaint.
RESPONSE: ADMITTED, DENIED
12. Admit that prior to the date of the filing of this lawsuit, that one or more of
Defendant's agents or adjusters or employees were showed, or visited, or inspected the
alleged damaged property described in the Complaint.
RESPONSE: ADMITTED, DENIED
13. Admit that prior to the date of loss described in the Complaint, one or more of Defendant’s
agents or adjusters or employees conducted an inspection of the property described in the
Complaint.
RESPONSE: ADMITTED, DENIED
PROPERTY LITIGATION GROUP, PLLC
2750 SW 145TH Ave., Ste. 509│ Miramar, Florida 33027 │ Phone: (786) 703-8810
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4/17/2024 3:42 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 4
14. Admit that prior to the date of loss described in the Complaint, that one or more of Defendant’s
agents or adjusters or employees were present at the property described in the Complaint.
RESPONSE: ADMITTED, DENIED
15. Admit that at least one of the reasons for Defendant’s refusal to pay any amount, or the
amount requested Plaintiff(s), to restore the subject property to its pre-loss condition is based
on one or more of Defendant’s agents, adjusters, or employees’ inspection and/or estimate of
the subject property.
RESPONSE: ADMITTED, DENIED
16. Admit that Defendant’s agents, adjusters, or employees, who are involved in this case,
have attended at least one annual training course, which involved training related to matters
involved in this case, at the direction, requirement, encouragement, or otherwise of Defendant.
RESPONSE: ADMITTED, DENIED
17. Admit that Defendant has issued a payment to Plaintiff(s) in connection with the subject
claim.
RESPONSE: ADMITTED, DENIED
18. Admit that Defendant has issued a coverage determination in connection with the subject
claim.
RESPONSE: ADMITTED, DENIED
19. Admit that Defendant has extended coverage to Plaintiff’s claim pursuant to the subject
policy of insurance.
RESPONSE: ADMITTED, DENIED
PROPERTY LITIGATION GROUP, PLLC
2750 SW 145TH Ave., Ste. 509│ Miramar, Florida 33027 │ Phone: (786) 703-8810
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4/17/2024 3:42 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 5
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was e-filed with the
Clerk of Court and served by electronic mail designation pursuant to Fla. R. Jud. Admin 2.516,
and/or the Florida Courts E-Filing Portal to , Counsel for Defendant, at ; on April 17, 2024.
Respectfully submitted,
/s/ Aileen Falcon, Esq.
Aileen Falcon, Esq.
Bar No.: 118695
Property Litigation Group, PLLC
Attorneys for Plaintiff
2750 SW 145th AVE
Suite 509
Miramar, FL 33027
Primary Email: service@plglawyersfl.com
Secondary Email:
afalcon@plglawyersfl.com
Alternate Email:
adoubront@plglawyersfl.com
PH: (786) 703-8810
PROPERTY LITIGATION GROUP, PLLC
2750 SW 145TH Ave., Ste. 509│ Miramar, Florida 33027 │ Phone: (786) 703-8810
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4/17/2024 3:42 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 6
Preview
Filing # 196418969 E-Filed 04/17/2024 03:42:05 PM IN THE CIRCUIT COURT OF THE 13TH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA CASE NO.: RAFAEL CASTELLANOS, Plaintiff, v. HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. ________________________________________/ PLAINTIFF’S REQUEST FOR ADMISSIONS PLEASE TAKE NOTICE that the Defendant, HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY, is required to ADMIT or DENY the following REQUESTS FOR ADMISSIONS pursuant to the applicable Florida Rules of Civil Procedure. Responses are due within 30 days of these requests or the same are deemed ADMITTED. Your responses should be served upon the office of PROPERTY LITIGATION GROUP, PLLC, 2750 SW 145TH Ave, Suite 509, Miramar, Florida 33027, on or before 30 days after receipt of these requests. DEFINITIONS A. The term "documents" means all writings of any kind, including the originals and all non- identical copies, whether different from the original by reason of any notation made on such copies or otherwise, including (without limitations) correspondence, memoranda, notes, diaries, statistics, letters, telegrams, minutes, contracts, reports, studies, checks, statements, receipts, returns, summaries, pamphlets, books, prospectuses, inter-office and intra-office communications, offers, notations of any sort of conversation, telephone calls, meetings or other communications, bulletins, printed matter, computer print-outs, teletypes, telefax, invoices, worksheets and all drafts, alterations, modifications, changes, and amendments of any of the foregoing, graphic or aural writs, records or representations of any kind, including (without limitations) photographs, charts, graphs, microfiche, microfilm, videotape, recordings, motion pictures; and electronic, mechanical or electric records or representations of any kind, including (without limitation) tapes, cassettes, computer magnetic or optical disc media and disc recordings. B. The term "relating to" as used herein is defined to mean evidencing, referring to, pertaining to, consisting of, reflecting, concerning, or in any way logically or factually connected with the matter discussed. PROPERTY LITIGATION GROUP, PLLC 2750 SW 145TH Ave., Ste. 509│ Miramar, Florida 33027 │ Phone: (786) 703-8810 -1- 4/17/2024 3:42 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1 C. As used in this Discovery request, the phrases “describe and explain,” and “state” are intended to and shall be interpreted to request a full and fair statement of the fact or matter being described and explained, including a statement of all facts, statements, events and circumstances necessary to understand and evaluate the fact or matter being described and explained. D. Each of the following discovery requests seeking an identification of documents is intended to be interpreted to request and require: 1. The date of the document; 2. The originator of the document; 3. The type of document; 4. The addressee of the document, if any; 5. Identification of persons to whom copies of the documents were furnished; 6. Details as to the custody of the document on the date the Interrogatories are answered; 7. Specific page numbers where the information requested may be found, if appropriate; or, alternatively, documents may be identified by numbering each such document and referring to the number in the answer and providing a true copy of each such numbered document with the Answers to Interrogatories. E. Each of the following Discovery Requests or Interrogatories requesting the identification of persons is intended to be interpreted to request and require for each witness known to the Defendant: 1. The name of the individual; 2. The last known address and phone number of the individual; 3. The place of employment of the individual and the person's last known address; 4. The substance of the witnesses' knowledge or information relating to the information requested. "Policy": means that certain insurance policy as described in the complaint "Defendant" or “You”: means Defendant, its attorneys, agents, partners, employees, officers, directors, stockholders, and all other persons acting on its behalf. "Person": means all individuals, corporations, partnerships, joint venture groups, associations, governmental agencies and all other organizations. "Document": means all written, typed, photographic, computerized or printed materials, including but not limited to the original and all non- identical copies of all letters, books, records, charts, ledgers, drafts, checks, check stubs, passbooks, certificates, graphs, facsimile transmissions, telegrams, reports, contracts, invoices, receipts, PROPERTY LITIGATION GROUP, PLLC 2750 SW 145TH Ave., Ste. 509│ Miramar, Florida 33027 │ Phone: (786) 703-8810 -2- 4/17/2024 3:42 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2 brochures, pamphlets, studies, lists, notes, memoranda, computer sketches, video tapes, motion pictures, blue-prints, photographs, microfilm, microfiche, computer discs and all other materials or documentation which pertains or contains information directly or indirectly, in whole or in part, and in any manner, to any of the subjects inquired about. F. Unless otherwise indicated, all requests include the time period from the date of the Loss through the date you respond to this request. G. The term “Insured” shall refer to the Plaintiff(s), affiliates, predecessors, successors, agents, attorneys and/or anyone else acting in their behalf. INSTRUCTIONS Before answering the following Admission Requests, will you please make such inquiries of your agents, servants, employees and/or attorneys as will enable you to make full and true answers to the following, in accordance with the applicable Florida Rules of Civil Procedure. ADMISSIONS REQUESTED 1. Admit that on the date of the alleged loss described in the Complaint that the policy described in the Complaint was in full force and effect. RESPONSE: ADMITTED, DENIED 2. Admit that Plaintiff(s) is/are the named insured(s) under the insurance policy described in the Complaint. RESPONSE: ADMITTED, DENIED 3. Admit that the premises described in the Complaint are the insured premises under the insurance policy described in the Complaint. RESPONSE: ADMITTED, DENIED 4. Admit that Plaintiff(s) submitted to Defendant a written estimate of repairs for the damage alleged to have occurred by reason of the alleged loss described in the Complaint. RESPONSE: ADMITTED, DENIED 5. Admit that the Plaintiff(s) has/have fully cooperated with the Defendant with respect to all requests for investigation and inspection of the subject Premises. RESPONSE: ADMITTED, DENIED PROPERTY LITIGATION GROUP, PLLC 2750 SW 145TH Ave., Ste. 509│ Miramar, Florida 33027 │ Phone: (786) 703-8810 -3- 4/17/2024 3:42 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3 6. Admit that Defendant did not take or request a recorded statement of the Plaintiff(s) with regard to the subject loss. RESPONSE: ADMITTED, DENIED 7. Admit that Defendant did not take or request an examination under oath of the Plaintiff(s) with regard to the subject loss. RESPONSE: ADMITTED, DENIED 8. Admit that the Plaintiff(s) has/have complied with all pre-loss and post loss obligations required by the policy, or requested by the Defendant as set forth in the insurance policy. RESPONSE: ADMITTED, DENIED 9. Admit that there is a disagreement between the Plaintiff(s) and Defendant as to the amount of the alleged loss described in the Complaint. RESPONSE: ADMITTED, DENIED 10. Admit that prior to the date of the filing of this lawsuit; Defendant did not request of Plaintiff(s), in writing, that Plaintiff(s) submit to an examination under oath for the alleged loss described in the Complaint. RESPONSE: ADMITTED, DENIED 11. Admit that prior to the date of the filing of this lawsuit; Defendant did not request of Plaintiff(s), in writing that Plaintiff(s) send to Defendant a signed sworn proof of loss for the alleged loss described in the Complaint. RESPONSE: ADMITTED, DENIED 12. Admit that prior to the date of the filing of this lawsuit, that one or more of Defendant's agents or adjusters or employees were showed, or visited, or inspected the alleged damaged property described in the Complaint. RESPONSE: ADMITTED, DENIED 13. Admit that prior to the date of loss described in the Complaint, one or more of Defendant’s agents or adjusters or employees conducted an inspection of the property described in the Complaint. RESPONSE: ADMITTED, DENIED PROPERTY LITIGATION GROUP, PLLC 2750 SW 145TH Ave., Ste. 509│ Miramar, Florida 33027 │ Phone: (786) 703-8810 -4- 4/17/2024 3:42 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 4 14. Admit that prior to the date of loss described in the Complaint, that one or more of Defendant’s agents or adjusters or employees were present at the property described in the Complaint. RESPONSE: ADMITTED, DENIED 15. Admit that at least one of the reasons for Defendant’s refusal to pay any amount, or the amount requested Plaintiff(s), to restore the subject property to its pre-loss condition is based on one or more of Defendant’s agents, adjusters, or employees’ inspection and/or estimate of the subject property. RESPONSE: ADMITTED, DENIED 16. Admit that Defendant’s agents, adjusters, or employees, who are involved in this case, have attended at least one annual training course, which involved training related to matters involved in this case, at the direction, requirement, encouragement, or otherwise of Defendant. RESPONSE: ADMITTED, DENIED 17. Admit that Defendant has issued a payment to Plaintiff(s) in connection with the subject claim. RESPONSE: ADMITTED, DENIED 18. Admit that Defendant has issued a coverage determination in connection with the subject claim. RESPONSE: ADMITTED, DENIED 19. Admit that Defendant has extended coverage to Plaintiff’s claim pursuant to the subject policy of insurance. RESPONSE: ADMITTED, DENIED PROPERTY LITIGATION GROUP, PLLC 2750 SW 145TH Ave., Ste. 509│ Miramar, Florida 33027 │ Phone: (786) 703-8810 -5- 4/17/2024 3:42 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 5 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was e-filed with the Clerk of Court and served by electronic mail designation pursuant to Fla. R. Jud. Admin 2.516, and/or the Florida Courts E-Filing Portal to , Counsel for Defendant, at ; on April 17, 2024. Respectfully submitted, /s/ Aileen Falcon, Esq. Aileen Falcon, Esq. Bar No.: 118695 Property Litigation Group, PLLC Attorneys for Plaintiff 2750 SW 145th AVE Suite 509 Miramar, FL 33027 Primary Email: service@plglawyersfl.com Secondary Email: afalcon@plglawyersfl.com Alternate Email: adoubront@plglawyersfl.com PH: (786) 703-8810 PROPERTY LITIGATION GROUP, PLLC 2750 SW 145TH Ave., Ste. 509│ Miramar, Florida 33027 │ Phone: (786) 703-8810 -6- 4/17/2024 3:42 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 6