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Filing # 37327488 E-Filed 02/02/2016 04:51:36 PM
IN THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT IN
AND FOR BROWARD COUNTY, FLORIDA
CASE NO.: CACE 15 017752
YVETTE THOMAS,
Plaintiff,
v.
SOUTHERN OAK INSURANCE
COMPANY,
Defendant.
/
DEFENDANT, SOUTHERN OAK INSURANCE COMPANY’S
RESPONSES TO REQUEST FOR ADMISSIONS
Defendant, SOUTHERN OAK INSURANCE COMPANY, by and_ through
undersigned counsel and pursuant to the Florida Rules of Civil Procedure, hereby
responds to Request for Admissions propounded by Plaintiff, YVETTE THOMAS, as
follows:
1. Admit that the insurance policy which forms the subject matter of this lawsuit was
issued by the Insurance Company.
RESPONSE: Admitted that Southern Oak Insurance Company issued
Policy Number SOIH0213605-06-0000, subject to the
terms, limitations, exclusions, and conditions contained
therein, which provided certain coverages to the
property located at 8801 W Long Acre Drive, Miramar,
Florida 33025, and was in effect from May 20, 2014 to
May 20, 2015. Denied as to all inferences of coverage,
damages or liability in this action.
2. Admit that the Insurance Company was providing insurance coverage to the
property located at 8801 W. Long Acre Drive, Miramar, FL 33025, at the time of
the peril described in the Insured’s Complaint.
COLE, SCOTT & KISSANE, P.A.
COLE, SCOTT & KISSANE BUILDING - 9160 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O. BOX 569015 - MIAMI, FLORIDA 33256 - (305) 260-5300 - (205) 373-2204 FAX
** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 2/2/2016 4:51:36 PM.****Case No. CACE 15 017752
RESPONSE: Admitted that Southern Oak Insurance Company issued
Policy Number SOIH0213605-06-0000, subject to the
terms, limitations, exclusions, and conditions contained
therein, which provided certain coverages to the
property located at 8801 W Long Acre Drive, Miramar,
Florida 33025, and was in effect from May 20, 2014 to
May 20, 2015. Denied as to all inferences of coverage,
damages or liability in this action.
3. Admit that the cause of the damage at issue is covered under the insurance
policy.
RESPONSE: Denied.
4. Admit that the Insured made a claim against the Insurance Company for
insurance coverage to the Insured’s property.
RESPONSE: Admitted.
5. Admit that the Insurance Company was provided a detailed estimate prepared at
the request of the Insured.
RESPONSE: Admitted that an estimate was provided; denied as to
the remainder.
6. Admit that the Insurance Company has failed and/or has refused to pay the
Insured’s claim as described in the Complaint.
RESPONSE: Admitted that Defendant denied coverage for the
Plaintiff's alleged loss, due to the conditions, limitations
and exclusions in the subject policy; denied as to the
remainder.
7. Admit that the only reason for the Insurance Company's denial of payment on the
subject claim is a result of its determination that the damage to the Insured’s
property is not the result of a covered peril under the subject Policy of insurance.
RESPONSE: Denied.
8. Admit that the Insurance Company did not make a payment of insurance benefits
to or for the benefit of the Insured for the alleged loss described in the Complaint.
RESPONSE: Admitted.
9. Admit that the Insurance Company acknowledges that the Insured’s estimate
pertaining to repairs is accurate and correct.
COLE, SCOTT & KISSANE, P.A.
COLE, SCOTT & KISSANE BUILDING - 9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O, BOX 569015 - MIAMI, FLORIDA 33256 - (305) 350-5300 - (305) 373-2294 FAXCase No. CACE 15 017752
RESPONSE: Denied.
10.Admit that the Insured submitted to the Insurance Company a written estimate of
repairs for the damages to have occurred by reason of the loss described in the
Complaint.
RESPONSE: Denied as phrased.
11.Admit that the damage, as detailed in the Insured’s estimate, is covered under
the applicable insurance policy.
RESPONSE: Denied.
12.Admit that the Insurance Company's litigation of the instant action is for the
purpose of delaying and/ or avoiding payment to the Insured.
RESPONSE: Denied.
13.Admit that the Insured have complied with all post-loss conditions precedent to
the filing of this lawsuit.
RESPONSE: Denied.
14.Admit that the Insurance Company assumes liability to the Insured for the
damage sustained to their property.
RESPONSE: Denied.
15.Admit that the Insurance Company is required to pay the Insured’s attorney's
fees and costs pursuant to Florida Statute Section 627.428.
RESPONSE: Denied.
16. Admit that the Insured has provided documents to the Insurance Company to aid
their investigation.
RESPONSE: Admitted that some documents were provided to
Southern Oak in support of the Plaintiff's claims; denied
that all requested documentation was submitted to
Southern Oak, which prejudiced Southern Oak’s
investigation of the subject claim.
COLE, SCOTT & KISSANE, P.A.
COLE, SCOTT & KISSANE BUILDING - 9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O, BOX 569015 - MIAMI, FLORIDA 33256 - (305) 350-5300 - (305) 373-2294 FAXCase No. CACE 15 017752
17.Admit that the Insured has allowed the Insurance Company to inspect the
property at issue and to examine the damage.
RESPONSE: Admitted.
18. Admit that the Insured has made himself available to the Insurance Company to
aid their investigation, including allowing his property to be inspected or
submitting to an examination under oath.
RESPONSE: Admitted only that after numerous requests, the Plaintiff
sat for a requested recorded statement; denied as to the
remainder.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that on this 2" day of February, 2016, a true and correct
copy of the foregoing was filed with the Clerk of Broward County by using the Florida
Courts e-Filing Portal, which will send an automatic e-mail message to the following
parties registered with the e-Filing Portal system: Scot Strems, Esq., The Strems Law
Firm, P.A., Greg.Pleadings@stremslaw.com;pleadings@stremslaw.com, 2555 Ponce
De Leon Blvd., Suite 210, Coral Gables, FL 33134, (786) 430-0882/(305) 459-1589 (F),
Attorney for Plaintiff.
COLE, SCOTT & KISSANE, P.A.
Dadeland Centre II
9150 South Dadeland Blvd.
Suite 1400
P.O. Box 569015
Miami, Florida 33156
Telephone: (305) 350-5300
Facsimile: (305) 373-2294
s/s Brandon Waas
BRANDON WAAS
Florida Bar No. 14847
LINDSEY HALLIGAN
Florida Bar No. 109481
Email: Brandon.Waas@csklegal.com
Email: Lindsey. Halligan@csklegal.com
COLE, SCOTT & KISSANE, P.A.
COLE, SCOTT & KISSANE BUILDING - 9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O, BOX 569015 - MIAMI, FLORIDA 33256 - (305) 350-5300 - (305) 373-2294 FAX
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Filing # 37327488 E-Filed 02/02/2016 04:51:36 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: CACE 15 017752 YVETTE THOMAS, Plaintiff, v. SOUTHERN OAK INSURANCE COMPANY, Defendant. / DEFENDANT, SOUTHERN OAK INSURANCE COMPANY’S RESPONSES TO REQUEST FOR ADMISSIONS Defendant, SOUTHERN OAK INSURANCE COMPANY, by and_ through undersigned counsel and pursuant to the Florida Rules of Civil Procedure, hereby responds to Request for Admissions propounded by Plaintiff, YVETTE THOMAS, as follows: 1. Admit that the insurance policy which forms the subject matter of this lawsuit was issued by the Insurance Company. RESPONSE: Admitted that Southern Oak Insurance Company issued Policy Number SOIH0213605-06-0000, subject to the terms, limitations, exclusions, and conditions contained therein, which provided certain coverages to the property located at 8801 W Long Acre Drive, Miramar, Florida 33025, and was in effect from May 20, 2014 to May 20, 2015. Denied as to all inferences of coverage, damages or liability in this action. 2. Admit that the Insurance Company was providing insurance coverage to the property located at 8801 W. Long Acre Drive, Miramar, FL 33025, at the time of the peril described in the Insured’s Complaint. COLE, SCOTT & KISSANE, P.A. COLE, SCOTT & KISSANE BUILDING - 9160 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O. BOX 569015 - MIAMI, FLORIDA 33256 - (305) 260-5300 - (205) 373-2204 FAX ** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 2/2/2016 4:51:36 PM.****Case No. CACE 15 017752 RESPONSE: Admitted that Southern Oak Insurance Company issued Policy Number SOIH0213605-06-0000, subject to the terms, limitations, exclusions, and conditions contained therein, which provided certain coverages to the property located at 8801 W Long Acre Drive, Miramar, Florida 33025, and was in effect from May 20, 2014 to May 20, 2015. Denied as to all inferences of coverage, damages or liability in this action. 3. Admit that the cause of the damage at issue is covered under the insurance policy. RESPONSE: Denied. 4. Admit that the Insured made a claim against the Insurance Company for insurance coverage to the Insured’s property. RESPONSE: Admitted. 5. Admit that the Insurance Company was provided a detailed estimate prepared at the request of the Insured. RESPONSE: Admitted that an estimate was provided; denied as to the remainder. 6. Admit that the Insurance Company has failed and/or has refused to pay the Insured’s claim as described in the Complaint. RESPONSE: Admitted that Defendant denied coverage for the Plaintiff's alleged loss, due to the conditions, limitations and exclusions in the subject policy; denied as to the remainder. 7. Admit that the only reason for the Insurance Company's denial of payment on the subject claim is a result of its determination that the damage to the Insured’s property is not the result of a covered peril under the subject Policy of insurance. RESPONSE: Denied. 8. Admit that the Insurance Company did not make a payment of insurance benefits to or for the benefit of the Insured for the alleged loss described in the Complaint. RESPONSE: Admitted. 9. Admit that the Insurance Company acknowledges that the Insured’s estimate pertaining to repairs is accurate and correct. COLE, SCOTT & KISSANE, P.A. COLE, SCOTT & KISSANE BUILDING - 9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O, BOX 569015 - MIAMI, FLORIDA 33256 - (305) 350-5300 - (305) 373-2294 FAXCase No. CACE 15 017752 RESPONSE: Denied. 10.Admit that the Insured submitted to the Insurance Company a written estimate of repairs for the damages to have occurred by reason of the loss described in the Complaint. RESPONSE: Denied as phrased. 11.Admit that the damage, as detailed in the Insured’s estimate, is covered under the applicable insurance policy. RESPONSE: Denied. 12.Admit that the Insurance Company's litigation of the instant action is for the purpose of delaying and/ or avoiding payment to the Insured. RESPONSE: Denied. 13.Admit that the Insured have complied with all post-loss conditions precedent to the filing of this lawsuit. RESPONSE: Denied. 14.Admit that the Insurance Company assumes liability to the Insured for the damage sustained to their property. RESPONSE: Denied. 15.Admit that the Insurance Company is required to pay the Insured’s attorney's fees and costs pursuant to Florida Statute Section 627.428. RESPONSE: Denied. 16. Admit that the Insured has provided documents to the Insurance Company to aid their investigation. RESPONSE: Admitted that some documents were provided to Southern Oak in support of the Plaintiff's claims; denied that all requested documentation was submitted to Southern Oak, which prejudiced Southern Oak’s investigation of the subject claim. COLE, SCOTT & KISSANE, P.A. COLE, SCOTT & KISSANE BUILDING - 9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O, BOX 569015 - MIAMI, FLORIDA 33256 - (305) 350-5300 - (305) 373-2294 FAXCase No. CACE 15 017752 17.Admit that the Insured has allowed the Insurance Company to inspect the property at issue and to examine the damage. RESPONSE: Admitted. 18. Admit that the Insured has made himself available to the Insurance Company to aid their investigation, including allowing his property to be inspected or submitting to an examination under oath. RESPONSE: Admitted only that after numerous requests, the Plaintiff sat for a requested recorded statement; denied as to the remainder. CERTIFICATE OF SERVICE | HEREBY CERTIFY that on this 2" day of February, 2016, a true and correct copy of the foregoing was filed with the Clerk of Broward County by using the Florida Courts e-Filing Portal, which will send an automatic e-mail message to the following parties registered with the e-Filing Portal system: Scot Strems, Esq., The Strems Law Firm, P.A., Greg.Pleadings@stremslaw.com;pleadings@stremslaw.com, 2555 Ponce De Leon Blvd., Suite 210, Coral Gables, FL 33134, (786) 430-0882/(305) 459-1589 (F), Attorney for Plaintiff. COLE, SCOTT & KISSANE, P.A. Dadeland Centre II 9150 South Dadeland Blvd. Suite 1400 P.O. Box 569015 Miami, Florida 33156 Telephone: (305) 350-5300 Facsimile: (305) 373-2294 s/s Brandon Waas BRANDON WAAS Florida Bar No. 14847 LINDSEY HALLIGAN Florida Bar No. 109481 Email: Brandon.Waas@csklegal.com Email: Lindsey. Halligan@csklegal.com COLE, SCOTT & KISSANE, P.A. COLE, SCOTT & KISSANE BUILDING - 9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O, BOX 569015 - MIAMI, FLORIDA 33256 - (305) 350-5300 - (305) 373-2294 FAX