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Filing # 34546342 E-Filed 11/17/2015 01:35:52 PM
IN THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT, IN
AND FOR BROWARD — COUNTY,
FLORIDA
BENJAMIN EDELL AND REBECCA EDELL,
Plaintiffs, CASE NO.: CACE-15-013539 Division:21
v.
HERITAGE PROPERTY AND CASUALTY INSURANCE COMPANY,
Defendant.
/
PLAINTIFFS’ FIRST REQUEST FOR ADMISSIONS
Plaintiffs, BENJAMIN EDELL AND REBECCA EDELL (hereinafter “Plaintiffs”), by
and through undersigned counsel and pursuant to Rule 1.370 of the Florida Rules of Civil
Procedure, request the Defendant, HERITAGE PROPERTY AND CASUALTY INSURANCE
COMPANY (hereinafter “Defendant”), to admit or deny the following:
1. Admit that at all times material to the Complaint filed herein, Defendant was and is a
Florida insurance company duly licensed to transact the business of insurance in Broward County,
Florida.
2. Admit that Defendant maintains agents in Broward County, Florida for the transaction of
its customary business.
3. Admit that venue lies in Broward County, Florida, for this action.
4. Admit that all of the Defendant’s representatives that adjusted Plaintiffs’ claim were agents
of the Defendant and acted within the scope and course of their agency.
5. Admit that the above-styled court, in the Seventeenth Judicial Circuit, in and for Broward
County, Florida, has jurisdiction over the action of Plaintiffs against Defendant.
1
DAvip Low & ASSOCIATES, P.A. * 20195 N.E. 16™ PLACE, SECOND FLOOR * MIAMI, FLORIDA 33179
(T) (305) 935-8986 « (F) (305) 675-2685
** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 11/17/2015 1:35:53 PM.****6. Admit that Defendant issued policy number HPH027296 to the Plaintiffs.
7. Admit that the policy Defendant issued under policy number HPH027296 provides
insurance coverage against the damage loss alleged in the Complaint occurring on the insured’s
premises.
8 Admit that on the date of the loss, on or about April 1, 2015, while the policy was in full
force and effect, the Plaintiffs were the owners of the premises located at 8919 NW 38th Drive,
Unit # 6, Coral Springs, Florida 33065.
9. Admit that the Plaintiffs gave timely notice to the Defendant of the loss and the Defendant
has not been prejudiced in the notice given by the insured.
10. Admit that the Plaintiffs fulfilled all conditions precedent and post-loss conditions to be
entitled to make recovery under said policy for the damages alleged in the Complaint.
ll. Admit that the Plaintiffs made a claim for the damage loss to the dwelling at the above
described insured property under the above described policy.
12. Admit that Defendant arranged adjustment for the claim and sent an adjuster to inspect and
estimate the damages to the insured’s property.
13. Admit that shortly after the date the insured suffered the covered loss, the Defendant was
furnished with written notice of the claim and Defendant has not been prejudiced in any way
regarding notice of the claim.
14. Admit that the Plaintiffs requested the Defendant provide coverage for the property loss
before the lawsuit was filed.
15. Admit that the Defendant agrees that the cause of the loss is covered under the Defendant’s
insurance policy.
16. Admit that the insurance policy referenced in the Complaint was in effect and provides
2
DAvip Low & ASSOCIATES, P.A. * 20195 N.E. 16™ PLACE, SECOND FLOOR * MIAMI, FLORIDA 33179
(T) (305) 935-8986 « (F) (305) 675-2685coverage during the loss date referenced in the Complaint.
17. Admit that the insured’s property was damaged due to a peril covered in the insurance
policy.
18. Admit that the Defendant agrees that the scope of the damages reflected in the Plaintiffs’
estimate is covered under the insurance policy.
19. Admit that the Defendant has waived the policy post-loss requirements and all conditions
precedent.
20. Admit that all premiums required for purchase of the policy were paid.
21. Admit that the Plaintiffs have made no material misrepresentation in the application of
insurance.
22. Admit that the Plaintiffs have not made any false statements or engaged in any concealment
in this claim.
23. Admit that Defendant is required to pay Plaintiffs’ attorney’s fees and costs pursuant to
Section 627.428, Florida Statutes.
24. Admit that Plaintiffs have provided documents to Defendant to aid its investigation.
SPACE INTENTIONALLY LEFT BLANK
3
DAvip Low & ASSOCIATES, P.A. * 20195 N.E. 16™ PLACE, SECOND FLOOR * MIAMI, FLORIDA 33179
(T) (305) 935-8986 « (F) (305) 675-2685CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served
electronically via the E-Portal on Glenn H. Malin, Esq., Peterson Bernard, Attorneys for the
Defendant, at gmalin@ftl-law.com and jguarente@ftl-law.com, on the 17th day of November,
2015.
Respectfully submitted,
DAVID LOW & ASSOCIATES, P.A.
20195 N.E. 16" Place, Second Place
Miami, Florida 33179
Tel.: (305) 935-8986
Fax: (305) 675-2685
E-Service Email: eservice@davidlowpa.com
Non-Service Email:awinston@davidlowpa.com
By: /s/ Amanda Winston
DAVID LOW, ESQ.
Florida Bar No.: 67957
AMANDA WINSTON, ESQ.
Florida Bar No.: 115644
4
DAvip Low & ASSOCIATES, P.A. * 20195 N.E. 16™ PLACE, SECOND FLOOR * MIAMI, FLORIDA 33179
(T) (305) 935-8986 « (F) (305) 675-2685
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Filing # 34546342 E-Filed 11/17/2015 01:35:52 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT, IN AND FOR BROWARD — COUNTY, FLORIDA BENJAMIN EDELL AND REBECCA EDELL, Plaintiffs, CASE NO.: CACE-15-013539 Division:21 v. HERITAGE PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant. / PLAINTIFFS’ FIRST REQUEST FOR ADMISSIONS Plaintiffs, BENJAMIN EDELL AND REBECCA EDELL (hereinafter “Plaintiffs”), by and through undersigned counsel and pursuant to Rule 1.370 of the Florida Rules of Civil Procedure, request the Defendant, HERITAGE PROPERTY AND CASUALTY INSURANCE COMPANY (hereinafter “Defendant”), to admit or deny the following: 1. Admit that at all times material to the Complaint filed herein, Defendant was and is a Florida insurance company duly licensed to transact the business of insurance in Broward County, Florida. 2. Admit that Defendant maintains agents in Broward County, Florida for the transaction of its customary business. 3. Admit that venue lies in Broward County, Florida, for this action. 4. Admit that all of the Defendant’s representatives that adjusted Plaintiffs’ claim were agents of the Defendant and acted within the scope and course of their agency. 5. Admit that the above-styled court, in the Seventeenth Judicial Circuit, in and for Broward County, Florida, has jurisdiction over the action of Plaintiffs against Defendant. 1 DAvip Low & ASSOCIATES, P.A. * 20195 N.E. 16™ PLACE, SECOND FLOOR * MIAMI, FLORIDA 33179 (T) (305) 935-8986 « (F) (305) 675-2685 ** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 11/17/2015 1:35:53 PM.****6. Admit that Defendant issued policy number HPH027296 to the Plaintiffs. 7. Admit that the policy Defendant issued under policy number HPH027296 provides insurance coverage against the damage loss alleged in the Complaint occurring on the insured’s premises. 8 Admit that on the date of the loss, on or about April 1, 2015, while the policy was in full force and effect, the Plaintiffs were the owners of the premises located at 8919 NW 38th Drive, Unit # 6, Coral Springs, Florida 33065. 9. Admit that the Plaintiffs gave timely notice to the Defendant of the loss and the Defendant has not been prejudiced in the notice given by the insured. 10. Admit that the Plaintiffs fulfilled all conditions precedent and post-loss conditions to be entitled to make recovery under said policy for the damages alleged in the Complaint. ll. Admit that the Plaintiffs made a claim for the damage loss to the dwelling at the above described insured property under the above described policy. 12. Admit that Defendant arranged adjustment for the claim and sent an adjuster to inspect and estimate the damages to the insured’s property. 13. Admit that shortly after the date the insured suffered the covered loss, the Defendant was furnished with written notice of the claim and Defendant has not been prejudiced in any way regarding notice of the claim. 14. Admit that the Plaintiffs requested the Defendant provide coverage for the property loss before the lawsuit was filed. 15. Admit that the Defendant agrees that the cause of the loss is covered under the Defendant’s insurance policy. 16. Admit that the insurance policy referenced in the Complaint was in effect and provides 2 DAvip Low & ASSOCIATES, P.A. * 20195 N.E. 16™ PLACE, SECOND FLOOR * MIAMI, FLORIDA 33179 (T) (305) 935-8986 « (F) (305) 675-2685coverage during the loss date referenced in the Complaint. 17. Admit that the insured’s property was damaged due to a peril covered in the insurance policy. 18. Admit that the Defendant agrees that the scope of the damages reflected in the Plaintiffs’ estimate is covered under the insurance policy. 19. Admit that the Defendant has waived the policy post-loss requirements and all conditions precedent. 20. Admit that all premiums required for purchase of the policy were paid. 21. Admit that the Plaintiffs have made no material misrepresentation in the application of insurance. 22. Admit that the Plaintiffs have not made any false statements or engaged in any concealment in this claim. 23. Admit that Defendant is required to pay Plaintiffs’ attorney’s fees and costs pursuant to Section 627.428, Florida Statutes. 24. Admit that Plaintiffs have provided documents to Defendant to aid its investigation. SPACE INTENTIONALLY LEFT BLANK 3 DAvip Low & ASSOCIATES, P.A. * 20195 N.E. 16™ PLACE, SECOND FLOOR * MIAMI, FLORIDA 33179 (T) (305) 935-8986 « (F) (305) 675-2685CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served electronically via the E-Portal on Glenn H. Malin, Esq., Peterson Bernard, Attorneys for the Defendant, at gmalin@ftl-law.com and jguarente@ftl-law.com, on the 17th day of November, 2015. Respectfully submitted, DAVID LOW & ASSOCIATES, P.A. 20195 N.E. 16" Place, Second Place Miami, Florida 33179 Tel.: (305) 935-8986 Fax: (305) 675-2685 E-Service Email: eservice@davidlowpa.com Non-Service Email:awinston@davidlowpa.com By: /s/ Amanda Winston DAVID LOW, ESQ. Florida Bar No.: 67957 AMANDA WINSTON, ESQ. Florida Bar No.: 115644 4 DAvip Low & ASSOCIATES, P.A. * 20195 N.E. 16™ PLACE, SECOND FLOOR * MIAMI, FLORIDA 33179 (T) (305) 935-8986 « (F) (305) 675-2685