On July 30, 2015 a
Party Discovery
was filed
involving a dispute between
Barbat, Maria,
and
United Property & Casualty Ins Co,
for Contract and Indebtedness
in the District Court of Broward County.
Preview
Filing # 34478688 E-Filed 11/16/2015 11:46:26 AM
IN THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT IN
AND FOR BROWARD COUNTY, FLORIDA
MARIA BARBAT, CASE NO.: CACE 15-013511 DIV 25
Plaintiff,
Vv.
UNITED PROPERTY & CASUALTY
INSURANCE COMPANY, INC.
Defendant.
/
DEFENDANT’S RESPONSE TO PLAINTIFF’S
FIRST REQUEST FOR ADMISSIONS
COMES NOW Defendant, UNITED PROPERTY & CASUALTY INSURANCE
COMPANY, INC., pursuant to all applicable Florida Rules of Civil Procedure, and hereby files
its Defendant’s Response to Plaintiff's Request for Admissions, and admits or denies the
following:
1. Please admit that prior to May 13, 2015 Defendant issued a policy of insurance
numbered UHC6265952 (hereinafter “subject policy”) to Plaintiff's regarding property located at
5315 NW 93" Avenue, Sunrise, FL 33351 (hereinafter “Home’”)
RESPONSE: Admitted that UPC Insurance issued homeowner’s policy number
UHC6265952 to Maria Barbat for the property located at 5315 NW 93" Ave.,
Sunrise, FL 33351.
2. Please admit that UNITED PROPERTY & CASUALTY INSURANCE
COMPANY opened claim number 201500005905 regarding a claim for damage being made by
Plaintiff’s for damages allegedly sustained on or about May 13, 2015 to the Home.
RESPONSE: Admitted.
3. Please admit the subject policy issued by Defendant to Plaintiff provided
coverage for damage caused to Plaintiff's Home as a result of a covered peril.
RESPONSE: Admitted that the Policy provides coverage for damages to the
insured premises as a result of a “covered” risk, but then only subject to the Policy’s
terms, limitations, conditions and exclusions.
*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 11/16/2015 11:46:26 AM.****CASE NO.: CACE 15-013511 DIV 25
Page 2
4, Please admit that the subject policy was in full force and effect for the Home on
or about May 13, 2015.
RESPONSE: Admitted.
5. Please admit that the above-styled Court, in and for Broward County, Florida, has
jurisdiction over Plaintiffs’ claims against Defendant.
RESPONSE: Admitted.
6. Please admit that Plaintiffs timely notified Defendant of the damage to Plaintiffs’
Home.
RESPONSE: Admitted.
7. Please admit that Plaintiffs have complied with all prerequisites to receiving
benefits under the subject policy of insurance for the Home.
RESPONSE: Denied.
8. Please admit that there are no “exclusions” to coverage being raised by UNITED
PROPERTY & CASUALTY INSURANCE COMPANY as a reason to deny payment for the
Home’s claim.
RESPONSE: Denied that every item contained in Plaintiffs estimate for Dwelling
damages are covered as a result of the peril.
CERTIFICATE OF SERVICE
I] HEREBY CERTIFY that on this 16th day of November, 2015, a true and correct copy
hereof was e-filed and served via E-Mail to: Andres J. Correa, Esq.,
courtmail@jcmlawgroup.com
KOLEOS, ROSENBERG & McMAHON, P.L.
717 N. Magnolia Avenue
Orlando, Florida 32803
Telephone: (407) 637-8788
Facsimile: (407) 637-8789
s/Gregory P. McMahon
GREGORY P. MCMAHON
Florida Bar No.: 0149977
Email: gom@krmlegalgroup.com
Counsel for Defendant United Property
Preview
Filing # 34478688 E-Filed 11/16/2015 11:46:26 AM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA MARIA BARBAT, CASE NO.: CACE 15-013511 DIV 25 Plaintiff, Vv. UNITED PROPERTY & CASUALTY INSURANCE COMPANY, INC. Defendant. / DEFENDANT’S RESPONSE TO PLAINTIFF’S FIRST REQUEST FOR ADMISSIONS COMES NOW Defendant, UNITED PROPERTY & CASUALTY INSURANCE COMPANY, INC., pursuant to all applicable Florida Rules of Civil Procedure, and hereby files its Defendant’s Response to Plaintiff's Request for Admissions, and admits or denies the following: 1. Please admit that prior to May 13, 2015 Defendant issued a policy of insurance numbered UHC6265952 (hereinafter “subject policy”) to Plaintiff's regarding property located at 5315 NW 93" Avenue, Sunrise, FL 33351 (hereinafter “Home’”) RESPONSE: Admitted that UPC Insurance issued homeowner’s policy number UHC6265952 to Maria Barbat for the property located at 5315 NW 93" Ave., Sunrise, FL 33351. 2. Please admit that UNITED PROPERTY & CASUALTY INSURANCE COMPANY opened claim number 201500005905 regarding a claim for damage being made by Plaintiff’s for damages allegedly sustained on or about May 13, 2015 to the Home. RESPONSE: Admitted. 3. Please admit the subject policy issued by Defendant to Plaintiff provided coverage for damage caused to Plaintiff's Home as a result of a covered peril. RESPONSE: Admitted that the Policy provides coverage for damages to the insured premises as a result of a “covered” risk, but then only subject to the Policy’s terms, limitations, conditions and exclusions. *** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 11/16/2015 11:46:26 AM.****CASE NO.: CACE 15-013511 DIV 25 Page 2 4, Please admit that the subject policy was in full force and effect for the Home on or about May 13, 2015. RESPONSE: Admitted. 5. Please admit that the above-styled Court, in and for Broward County, Florida, has jurisdiction over Plaintiffs’ claims against Defendant. RESPONSE: Admitted. 6. Please admit that Plaintiffs timely notified Defendant of the damage to Plaintiffs’ Home. RESPONSE: Admitted. 7. Please admit that Plaintiffs have complied with all prerequisites to receiving benefits under the subject policy of insurance for the Home. RESPONSE: Denied. 8. Please admit that there are no “exclusions” to coverage being raised by UNITED PROPERTY & CASUALTY INSURANCE COMPANY as a reason to deny payment for the Home’s claim. RESPONSE: Denied that every item contained in Plaintiffs estimate for Dwelling damages are covered as a result of the peril. CERTIFICATE OF SERVICE I] HEREBY CERTIFY that on this 16th day of November, 2015, a true and correct copy hereof was e-filed and served via E-Mail to: Andres J. Correa, Esq., courtmail@jcmlawgroup.com KOLEOS, ROSENBERG & McMAHON, P.L. 717 N. Magnolia Avenue Orlando, Florida 32803 Telephone: (407) 637-8788 Facsimile: (407) 637-8789 s/Gregory P. McMahon GREGORY P. MCMAHON Florida Bar No.: 0149977 Email: gom@krmlegalgroup.com Counsel for Defendant United Property