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Filing # 102360380 E-Filed 01/28/2020 03:16:51 PM
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT, IN AND FOR BROWARD
COUNTY, FLORIDA
Case No. CACE-19-021361
RICARDO CAYOBIT AND ROLAND
CAYOBIT,
Plaintiff,
VS.
UNITED PROPERTY & CASUALTY
INSURANCE COMPANY,
Defendant.
DEFENDANT UNITED PROPERTY & CASUALTY INSURANCE COMPANY’S
ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFFS’ COMPLAINT
COMES NOW, Defendant, UNITED PROPERTY & CASUALTY INSURANCE
COMPANY, (“UNITED”) by and through its undersigned counsel, and hereby files its Answer and
Affirmative Defenses to Plaintiffs’ Complaint as follows:
Answer as to Jurisdiction and Parties
1. UNITED denies the allegations contained in paragraph 1 as phrased. UNITED admits
only that this action purports to be an action for damages. Any other inferences are denied.
2. The allegations set forth in paragraph 2 are unknown to UNITED and are therefore
denied.
3. The allegations set forth in paragraph 3 are denied as phrased. UNITED admits that it
is a licensed insurer in the State of Florida.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 01/28/2020 03:16:51 PM.****Answer as to Common Allegations
4. As to paragraph 4, it is admitted that UNITED issued a policy bearing number UHV
3715282 03 01 that provided coverage to the property subject to the terms, conditions, exclusions,
limitations, applicable forms, amendments and endorsements of the policy. Any other inferences are
denied.
5. The allegations set forth in paragraph 5 are unknown to UNITED and are therefore
denied.
6. As to paragraph 6, it is admitted that UNITED issued a policy bearing number UHV
3715282 03 01 that provided coverage to the property subject to the terms, conditions, exclusions,
limitations, applicable forms, amendments and endorsements of the policy. Any other inferences are
denied.
7. As to paragraph 7, it is admitted that UNITED issued a policy bearing number UHV
3715282 03 01 that provided coverage to the property subject to the terms, conditions, exclusions,
limitations, applicable forms, amendments and endorsements of the policy. Any other inferences are
denied.
8. The allegations set forth in paragraph 8 are denied.
9. UNITED denies the allegations in paragraph 9. The Plaintiffs failed to comply with
the duties after loss provision of the policy as they failed to provide prompt notice of the alleged loss.
10. As to the allegations set forth in paragraph 10, UNITED admits that the claim was
denied. Defendant denies any further inferences therefrom.
11. The allegations set forth in paragraph 11 are denied as phrased.
12. The allegations set forth in paragraph 12 are denied.
13. The allegations set forth in paragraph 13 are denied.
-2-14. UNITED denies the allegations in paragraph 14. The Plaintiffs failed to comply with
the duties after loss provision of the policy as they failed to provide prompt notice of the alleged loss.
15. UNITED denies the allegations in paragraph 15. The Plaintiffs failed to comply with
the duties after loss provision of the policy as they failed to provide prompt notice of the alleged loss.
16. The allegations set forth in paragraph 16 are denied as phrased.
Answer as to Count I
17. UNITED restates the responses set forth in paragraphs 1-16 as if fully set forth herein.
18. UNITED denies the allegations in paragraph 18 as phrased.
19. UNITED denies the allegations in paragraph 19.
20. UNITED denies the allegations in paragraph 20.
All allegations not specifically admitted are denied.
AFFIRMATIVE DEFENSES
Ll. As and for its First Affirmative Defense, UNITED would state that some or all of
Plaintiffs’ claimed remaining damages are unreasonable, unrelated and/or overstated, and to the extent
thereto, UNITED is not responsible for the same.
2. As and for its Second Affirmative Defense, UNITED asserts that the Plaintiffs are
seeking monies associated with items and/or areas of the home that were not damaged by the alleged
loss. As such, there is no coverage for said items and/or areas of the home.
3. As and for its Third Affirmative Defense, UNITED asserts that there is no coverage
for loss caused by wear and tear, marring, deterioration.
4. As and for its Fourth Affirmative Defense, UNITED asserts that there is no coverage
for loss caused by faulty, inadequate or defective maintenance of part or all of any property whether
on or off the "residence premises."5. As and for its Fifth Affirmative Defense, UNITED asserts that there is no coverage
for loss caused by mechanical breakdown, latent defect, inherent vice or any quality in property
that causes it to damage or destroy itself.
6. As and for its Sixth Affirmative Defense, UNITED asserts that there is no coverage
for loss based upon Plaintiffs’ failure to comply with the Duties After Loss Provision of the policy
including the duty to provide UNITED with prompt notice of the alleged loss.
WE HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by e-
mail to Robin A. Richison, robin@lawlp.com; maritza@lawlp.com; LEVY & PARTNERS, LLC,
The Yankee Clipper Law Center, 3230 Stirling Road, Suite 1, Hollywood, FL 33021, 954-727-8570,
this 28", day of January, 2020.
By_/s/ Kimberley S. Brown
KIMBERLEY S. BROWN
Florida Bar # 013294
PETERSON BERNARD
Attorneys for United Property & Casualty Insurance
Company
707 S.E. 3 Avenue, Suite 500
Fort Lauderdale, Florida 33316
(954) 763-3200
(954) 728-9019 facsimile
Kimberley.brown@petersonbernard.com;
sandy.singh@petersonbernard.com;
KSB/shs
123.23855
Preview
Filing # 102360380 E-Filed 01/28/2020 03:16:51 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA Case No. CACE-19-021361 RICARDO CAYOBIT AND ROLAND CAYOBIT, Plaintiff, VS. UNITED PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. DEFENDANT UNITED PROPERTY & CASUALTY INSURANCE COMPANY’S ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFFS’ COMPLAINT COMES NOW, Defendant, UNITED PROPERTY & CASUALTY INSURANCE COMPANY, (“UNITED”) by and through its undersigned counsel, and hereby files its Answer and Affirmative Defenses to Plaintiffs’ Complaint as follows: Answer as to Jurisdiction and Parties 1. UNITED denies the allegations contained in paragraph 1 as phrased. UNITED admits only that this action purports to be an action for damages. Any other inferences are denied. 2. The allegations set forth in paragraph 2 are unknown to UNITED and are therefore denied. 3. The allegations set forth in paragraph 3 are denied as phrased. UNITED admits that it is a licensed insurer in the State of Florida. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 01/28/2020 03:16:51 PM.****Answer as to Common Allegations 4. As to paragraph 4, it is admitted that UNITED issued a policy bearing number UHV 3715282 03 01 that provided coverage to the property subject to the terms, conditions, exclusions, limitations, applicable forms, amendments and endorsements of the policy. Any other inferences are denied. 5. The allegations set forth in paragraph 5 are unknown to UNITED and are therefore denied. 6. As to paragraph 6, it is admitted that UNITED issued a policy bearing number UHV 3715282 03 01 that provided coverage to the property subject to the terms, conditions, exclusions, limitations, applicable forms, amendments and endorsements of the policy. Any other inferences are denied. 7. As to paragraph 7, it is admitted that UNITED issued a policy bearing number UHV 3715282 03 01 that provided coverage to the property subject to the terms, conditions, exclusions, limitations, applicable forms, amendments and endorsements of the policy. Any other inferences are denied. 8. The allegations set forth in paragraph 8 are denied. 9. UNITED denies the allegations in paragraph 9. The Plaintiffs failed to comply with the duties after loss provision of the policy as they failed to provide prompt notice of the alleged loss. 10. As to the allegations set forth in paragraph 10, UNITED admits that the claim was denied. Defendant denies any further inferences therefrom. 11. The allegations set forth in paragraph 11 are denied as phrased. 12. The allegations set forth in paragraph 12 are denied. 13. The allegations set forth in paragraph 13 are denied. -2-14. UNITED denies the allegations in paragraph 14. The Plaintiffs failed to comply with the duties after loss provision of the policy as they failed to provide prompt notice of the alleged loss. 15. UNITED denies the allegations in paragraph 15. The Plaintiffs failed to comply with the duties after loss provision of the policy as they failed to provide prompt notice of the alleged loss. 16. The allegations set forth in paragraph 16 are denied as phrased. Answer as to Count I 17. UNITED restates the responses set forth in paragraphs 1-16 as if fully set forth herein. 18. UNITED denies the allegations in paragraph 18 as phrased. 19. UNITED denies the allegations in paragraph 19. 20. UNITED denies the allegations in paragraph 20. All allegations not specifically admitted are denied. AFFIRMATIVE DEFENSES Ll. As and for its First Affirmative Defense, UNITED would state that some or all of Plaintiffs’ claimed remaining damages are unreasonable, unrelated and/or overstated, and to the extent thereto, UNITED is not responsible for the same. 2. As and for its Second Affirmative Defense, UNITED asserts that the Plaintiffs are seeking monies associated with items and/or areas of the home that were not damaged by the alleged loss. As such, there is no coverage for said items and/or areas of the home. 3. As and for its Third Affirmative Defense, UNITED asserts that there is no coverage for loss caused by wear and tear, marring, deterioration. 4. As and for its Fourth Affirmative Defense, UNITED asserts that there is no coverage for loss caused by faulty, inadequate or defective maintenance of part or all of any property whether on or off the "residence premises."5. As and for its Fifth Affirmative Defense, UNITED asserts that there is no coverage for loss caused by mechanical breakdown, latent defect, inherent vice or any quality in property that causes it to damage or destroy itself. 6. As and for its Sixth Affirmative Defense, UNITED asserts that there is no coverage for loss based upon Plaintiffs’ failure to comply with the Duties After Loss Provision of the policy including the duty to provide UNITED with prompt notice of the alleged loss. WE HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by e- mail to Robin A. Richison, robin@lawlp.com; maritza@lawlp.com; LEVY & PARTNERS, LLC, The Yankee Clipper Law Center, 3230 Stirling Road, Suite 1, Hollywood, FL 33021, 954-727-8570, this 28", day of January, 2020. By_/s/ Kimberley S. Brown KIMBERLEY S. BROWN Florida Bar # 013294 PETERSON BERNARD Attorneys for United Property & Casualty Insurance Company 707 S.E. 3 Avenue, Suite 500 Fort Lauderdale, Florida 33316 (954) 763-3200 (954) 728-9019 facsimile Kimberley.brown@petersonbernard.com; sandy.singh@petersonbernard.com; KSB/shs 123.23855