On December 12, 2015 a
Party Discovery
was filed
involving a dispute between
Sjogren, Mary,
Sjogren, Paul,
and
Homeowners Choice Property & Casualty Ins Inc,
for Other - Insurance Claim
in the District Court of Broward County.
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Case Number: CACE-15-021927 Division: 14
Filing # 35472834 E-Filed 12/12/2015 04:12:44 PM
IN THE CIRCUIT COURT OF THE 17%
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO.
PAUL AND MARY SJOGREN,
Plaintiff,
Vv.
HOMEOWNERS CHOICE PROPERTY
AND CASUALTY INSURANCE
COMPANY, INC.,
Defendant.
/
PLAINTIFFS’ FIRST REQUEST FOR ADMISSIONS
Plaintiffs, PAUL AND MARY SJOGREN, by and through undersigned counsel and
pursuant to Rule 1.370 of the Florida Rules of Civil Procedure, hereby propound Plaintiffs’ First
Request for Admissions and state as follows:
1. At all times material to the Complaint filed herein, Defendant was and is a
Florida insurance corporation duly licensed to transact the business of insurance in Broward
County, Florida.
2. Defendant maintains agents in Broward County, Florida for the transaction of its
customary business.
3. Venue lies in Broward County, Florida, for this action.
4. That all of the Defendant's representatives that adjusted the Plaintiffs’ claims
were agents of the Defendant and acted within the scope and course of their agency.
5. The above styled court, in and for the 17% Judicial Circuit in and for Broward
County, Florida, has jurisdiction over the action of Plaintiffs against Defendant.
6. That Defendant issued Policy Number SDP-0919140-00-69 to Plaintiffs.
7. That the Policy Defendant issued under Policy Number HO3-264523-5 provides
insurance coverage against the damage loss alleged in the Complaint occurring on the Plaintiffs’
premises.
8. On the date of the loss, on or about August 27, 2015, while the Policy was in full
HOMEOWNER LEGAL SOLUTIONS, LP
woe FIDEBE BROWARD COURT HE" HOWARD FORRERRE “CEE O79 S250 SUE TIT PAD hePage 2
force and effect, Plaintiffs were the owners of the premises located at 13488 NW 5% Court,
Plantation, FL 33325.
9. That Plaintiffs gave timely notice to Defendant of the loss and the Defendant has
not been prejudiced in the notice given by the insured.
10. That 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.
11. That Plaintiffs made claims for the damage loss to the dwelling at the above
described insured property under the above described Policy.
12. That Defendant arranged adjustment for the claims and sent an adjuster to
inspect and Estimate the damages to the Plaintiffs’ property.
13. That the Defendant disagrees as to the amount of Plaintiffs’ Estimate of damages
to the dwelling property.
14. That the Defendant agrees that the content and dwelling losses are covered
under the Policy but disputes the value of damages to the dwelling.
15. That shortly after the date Plaintiffs suffered damages, the Defendant was
furnished with written notice of the claims and Defendant has not been prejudiced in any way
regarding notice of the claims.
16. That the Defendant's Policy of insurance provides loss for additional living
expenses and loss of rental income during the time the house is uninhabitable due to the
damages.
17. That the Plaintiffs requested that the Defendant pay the dwelling losses before
the lawsuit was filed.
18. That the Defendant did not pay the dwelling losses, prior to the lawsuit being
filed.
19. That the Defendant received the Plaintiffs’ Estimate referenced in the Complaint
and rejected the amount of the Estimate.
20. That the Defendant agrees that the cause of the loss is covered under the
Defendant's insurance Policy.
21. That the insurance policy referenced in the Complaint was in effect and provides
coverage during the loss date referenced in the Complaint.
22. That the Plaintiffs’ property was damaged due to a peril covered in the Insurance
Policy.
HOMEOWNER LEGAL SOLUTIONS, LP.
200 SE First Street * Suite 708 = Miami * FL 33131 Telephone 305.777.1050 * Facsimile 305.777.1051Page 3
23. That the Defendant agrees that the scope of the damages reflected in the estimate
is covered under the Insurance Policy.
24. That the Defendant refused to send the Plaintiffs a copy of the Insurance Policy
in response to the insured’s request.
25. That the Defendant has waived the Policy post loss requirements and all
conditions precedent.
26. That the Defendant has not made partial payment of the insured’s loss.
27. That all premiums required for purchase of the Policy were paid.
28. That the Plaintiffs have made no material misrepresentation in the application of
insurance.
29. That the Plaintiffs have not made any false statements or engaged in any
concealment in this claim.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY a true copy of the foregoing was served with the Summons and
Complaint on this 9'* day of December, 2015.
HOMEOWNER LEGAL SOLUTIONS, LP
Attorneys for Plaintiffs
200 SE First Street, Suite 708
Miami, FL 33131
305.777.1050 Telephone
305.777.1051 Facsimile
By: /S/ Stephanie Balint, Esq.
/S/Robert L. Gioia, Esq.
Stephanie Balint, Esq.
Florida Bar No. 530050
sb@home-legal.com
Robert L. Gioia, Esq.
Florida Bar No. 0533661
rg@home-legal.com
pleadingsGhome-legal.com
HOMEOWNER LEGAL SOLUTIONS, LP.
200 SE First Street * Suite 708 = Miami * FL 33131 Telephone 305.777.1050 * Facsimile 305.777.1051
Document Filed Date
December 12, 2015
Case Filing Date
December 12, 2015
Category
Other - Insurance Claim
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Case Number: CACE-15-021927 Division: 14 Filing # 35472834 E-Filed 12/12/2015 04:12:44 PM IN THE CIRCUIT COURT OF THE 17% JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO. PAUL AND MARY SJOGREN, Plaintiff, Vv. HOMEOWNERS CHOICE PROPERTY AND CASUALTY INSURANCE COMPANY, INC., Defendant. / PLAINTIFFS’ FIRST REQUEST FOR ADMISSIONS Plaintiffs, PAUL AND MARY SJOGREN, by and through undersigned counsel and pursuant to Rule 1.370 of the Florida Rules of Civil Procedure, hereby propound Plaintiffs’ First Request for Admissions and state as follows: 1. At all times material to the Complaint filed herein, Defendant was and is a Florida insurance corporation duly licensed to transact the business of insurance in Broward County, Florida. 2. Defendant maintains agents in Broward County, Florida for the transaction of its customary business. 3. Venue lies in Broward County, Florida, for this action. 4. That all of the Defendant's representatives that adjusted the Plaintiffs’ claims were agents of the Defendant and acted within the scope and course of their agency. 5. The above styled court, in and for the 17% Judicial Circuit in and for Broward County, Florida, has jurisdiction over the action of Plaintiffs against Defendant. 6. That Defendant issued Policy Number SDP-0919140-00-69 to Plaintiffs. 7. That the Policy Defendant issued under Policy Number HO3-264523-5 provides insurance coverage against the damage loss alleged in the Complaint occurring on the Plaintiffs’ premises. 8. On the date of the loss, on or about August 27, 2015, while the Policy was in full HOMEOWNER LEGAL SOLUTIONS, LP woe FIDEBE BROWARD COURT HE" HOWARD FORRERRE “CEE O79 S250 SUE TIT PAD hePage 2 force and effect, Plaintiffs were the owners of the premises located at 13488 NW 5% Court, Plantation, FL 33325. 9. That Plaintiffs gave timely notice to Defendant of the loss and the Defendant has not been prejudiced in the notice given by the insured. 10. That 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. 11. That Plaintiffs made claims for the damage loss to the dwelling at the above described insured property under the above described Policy. 12. That Defendant arranged adjustment for the claims and sent an adjuster to inspect and Estimate the damages to the Plaintiffs’ property. 13. That the Defendant disagrees as to the amount of Plaintiffs’ Estimate of damages to the dwelling property. 14. That the Defendant agrees that the content and dwelling losses are covered under the Policy but disputes the value of damages to the dwelling. 15. That shortly after the date Plaintiffs suffered damages, the Defendant was furnished with written notice of the claims and Defendant has not been prejudiced in any way regarding notice of the claims. 16. That the Defendant's Policy of insurance provides loss for additional living expenses and loss of rental income during the time the house is uninhabitable due to the damages. 17. That the Plaintiffs requested that the Defendant pay the dwelling losses before the lawsuit was filed. 18. That the Defendant did not pay the dwelling losses, prior to the lawsuit being filed. 19. That the Defendant received the Plaintiffs’ Estimate referenced in the Complaint and rejected the amount of the Estimate. 20. That the Defendant agrees that the cause of the loss is covered under the Defendant's insurance Policy. 21. That the insurance policy referenced in the Complaint was in effect and provides coverage during the loss date referenced in the Complaint. 22. That the Plaintiffs’ property was damaged due to a peril covered in the Insurance Policy. HOMEOWNER LEGAL SOLUTIONS, LP. 200 SE First Street * Suite 708 = Miami * FL 33131 Telephone 305.777.1050 * Facsimile 305.777.1051Page 3 23. That the Defendant agrees that the scope of the damages reflected in the estimate is covered under the Insurance Policy. 24. That the Defendant refused to send the Plaintiffs a copy of the Insurance Policy in response to the insured’s request. 25. That the Defendant has waived the Policy post loss requirements and all conditions precedent. 26. That the Defendant has not made partial payment of the insured’s loss. 27. That all premiums required for purchase of the Policy were paid. 28. That the Plaintiffs have made no material misrepresentation in the application of insurance. 29. That the Plaintiffs have not made any false statements or engaged in any concealment in this claim. CERTIFICATE OF SERVICE WE HEREBY CERTIFY a true copy of the foregoing was served with the Summons and Complaint on this 9'* day of December, 2015. HOMEOWNER LEGAL SOLUTIONS, LP Attorneys for Plaintiffs 200 SE First Street, Suite 708 Miami, FL 33131 305.777.1050 Telephone 305.777.1051 Facsimile By: /S/ Stephanie Balint, Esq. /S/Robert L. Gioia, Esq. Stephanie Balint, Esq. Florida Bar No. 530050 sb@home-legal.com Robert L. Gioia, Esq. Florida Bar No. 0533661 rg@home-legal.com pleadingsGhome-legal.com HOMEOWNER LEGAL SOLUTIONS, LP. 200 SE First Street * Suite 708 = Miami * FL 33131 Telephone 305.777.1050 * Facsimile 305.777.1051