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Filing # 34681704 E-Filed 11/19/2015 04:30:49 PM
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT,
IN AND FOR BROWARD COUNTY, FLORIDA
SEAN STORM,
Plaintiff, CASE NO.: CACE-15-013616 Div: 04
vs.
CITIZENS PROPERTY INSURANCE
CORPORATION,
PLAINTIFF’S FIRST RE!
FOR ADMISSIONS
Plaintiff, SEAN STORM (hereinafter “Plaintiff’), by and through undersigned counsel and
pursuant to Rule 1.370 of the Florida Rules of Civil Procedure, requests the Defendant, CITIZENS
PROPERTY INSURANCE CORPORATION (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 Plaintiff's 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 Plaintiff against Defendant.
6. Admit that Defendant issued policy number FRJH7126098 to the Plaintiff.
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DAVID 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 11/19/2015 4:30:49 PM.****7. Admit that the policy Defendant issued under policy number FRJH7126098 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 February 21, 2015, while the policy was in
full force and effect, the Plaintiff was the owner of the premises located at 2806 SW 13" Court,
Fort Lauderdale, Florida 33312.
9. Admit that the Plaintiff 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 Plaintiff 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 Plaintiff 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 Plaintiff 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
coverage during the loss date referenced in the Complaint.
2
DAVID Low & ASSOCIATES, P.A. * 20195 N.E. 16™ PLACE, SECOND FLOOR * MIAMI, FLORIDA 33179
(T) (305) 935-8986 ¢ (F) (305) 675-268517. 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 Plaintiff's
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 Plaintiff has made no material misrepresentation in the application of
insurance.
22. Admit that the Plaintiff has 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 Plaintiff has provided documents to Defendant to aid its investigation.
ESPACE INTENTIONALLY LEFT BLANK]
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DAVID 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 a true copy of the foregoing has been furnished electronically via
the Florida Courts E-Filing Portal to: Marcos Rothman Scharf Valdes & Goldstein, PLLC,
Attorneys for Defendant, on this 19" day of November, 2015.
4
Respectfully submitted,
DAVID LOW & ASSOCIATES, P.A.
20195 N.E. 16" Place, Second Floor
Miami, Florida 33179
Tel.: (305) 935-8986
Fax: (305) 675-2685
E-Service Email: eservi lavidlowpa.com
Non-Service Email:david@ davidlowpa.com
By: /s/David Low
DAVID LOW, ESQ.
Florida Bar No,: 67957
DAVID 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 # 34681704 E-Filed 11/19/2015 04:30:49 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA SEAN STORM, Plaintiff, CASE NO.: CACE-15-013616 Div: 04 vs. CITIZENS PROPERTY INSURANCE CORPORATION, PLAINTIFF’S FIRST RE! FOR ADMISSIONS Plaintiff, SEAN STORM (hereinafter “Plaintiff’), by and through undersigned counsel and pursuant to Rule 1.370 of the Florida Rules of Civil Procedure, requests the Defendant, CITIZENS PROPERTY INSURANCE CORPORATION (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 Plaintiff's 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 Plaintiff against Defendant. 6. Admit that Defendant issued policy number FRJH7126098 to the Plaintiff. 1 DAVID 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 11/19/2015 4:30:49 PM.****7. Admit that the policy Defendant issued under policy number FRJH7126098 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 February 21, 2015, while the policy was in full force and effect, the Plaintiff was the owner of the premises located at 2806 SW 13" Court, Fort Lauderdale, Florida 33312. 9. Admit that the Plaintiff 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 Plaintiff 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 Plaintiff 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 Plaintiff 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 coverage during the loss date referenced in the Complaint. 2 DAVID Low & ASSOCIATES, P.A. * 20195 N.E. 16™ PLACE, SECOND FLOOR * MIAMI, FLORIDA 33179 (T) (305) 935-8986 ¢ (F) (305) 675-268517. 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 Plaintiff's 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 Plaintiff has made no material misrepresentation in the application of insurance. 22. Admit that the Plaintiff has 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 Plaintiff has provided documents to Defendant to aid its investigation. ESPACE INTENTIONALLY LEFT BLANK] 3 DAVID 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 a true copy of the foregoing has been furnished electronically via the Florida Courts E-Filing Portal to: Marcos Rothman Scharf Valdes & Goldstein, PLLC, Attorneys for Defendant, on this 19" day of November, 2015. 4 Respectfully submitted, DAVID LOW & ASSOCIATES, P.A. 20195 N.E. 16" Place, Second Floor Miami, Florida 33179 Tel.: (305) 935-8986 Fax: (305) 675-2685 E-Service Email: eservi lavidlowpa.com Non-Service Email:david@ davidlowpa.com By: /s/David Low DAVID LOW, ESQ. Florida Bar No,: 67957 DAVID Low & ASSOCIATES, P.A. * 20195 N.E. 16™ PLACE, SECOND FLOOR * MIAMI, FLORIDA 33179 (T) (305) 935-8986 ¢ (F) (305) 675-2685