On September 23, 2009 a
Complaint,Petition
was filed
involving a dispute between
Scott D Schneck,
and
Citizens Property Insurance Corporation,
for CONTRACT & DEBT
in the District Court of Palm Beach County.
Preview
IN THE CIRCUIT COURT OF THE 15th
JUDICIAL CIRCUIT IN AND FOR PALM
BEACH COUNTY, FLORIDA
SCOTT D. SCHNECK, CASE NO. 50 2009 CA 032745 XXXX MB
io
Plaintiff,
vs.
CITIZENS PROPERTY INSURANCE
CORPORATION,
Defendant.
REPLY & D) ‘OR YY TRIAL
Florida Bar #218261
COMES NOW Plaintiff, by and through the undersigned attorneys, and hereby files
this Reply to the affirmative defenses alleged by Defendant, and would state:
1. That each and every affirmative defense is hereby denied and strict proof
thereof is hereby demanded.
2. Defendant's failure to comply with Section 627.421 (1), Florida Statutes
excused Plaintiff's performance of the policy's post loss requirements of an insured in the
event of loss.
3. Defendant's failure to comply with Section 627.421 (1), Florida Statutes
constituted a waiver and/or discharge of Plaintiffs obligation to comply with the policy's
post loss requirements of an insured in the event of loss.
4. Defendant's failure to mail or deliver a copy of the subject policy to
Plaintiff/Petitioner prior to the date of loss excused Plaintiff's performance of the policy's
EEE]
!
\ Law OFFICE OF KENNETH R. DUBOFF, P.A. | a
tt — — =post loss requirements of an insured in the event of loss.
5. Defendant's failure to mail or deliver a copy of the subject policy to Plaintiff
prior to the date of loss constituted a waiver and/or discharge of Plaintiffs obligation to
comply with the policy's post loss requirements of an insured in the event of loss.
6. Defendant's failure to comply with Plaintiff's request for Defendant to mail
or deliver a copy of the subject policy to Plaintiff subsequent to the date of loss, constituted
a waiver and/or discharge of Plaintiffs obligation to comply with the policy’s post loss
requirements of an insured in the event of loss.
PLAINTIFF DEMANDS A TRIAL BY JURY OF ALL ISSUES TRIABLE AS
MATTER OF RIGHT BY A JURY.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that on this day of nacnbee 2009, a true and
correct copy of the foregoing was [X faxed; 0) hand delivered; ECinailed by US Mail, to:
Stephen F. Radford, Esq., Pratt & Radford P.L., (Fax No. 561.471.4240), 1401 Forum Way, Suite
500, West Palm Beach, FL, 33401.
Law OFFICE OF KENNETH R. DUBOFF, P.A.
ATTORNEY FOR PLAINTIFF
12430 West Dixig HIGHWAY
NORTH MiAMI, FLORIDA 33161
TELEPHONE 893-00
Document Filed Date
November 10, 2009
Case Filing Date
September 23, 2009
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
IN THE CIRCUIT COURT OF THE 15th JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA SCOTT D. SCHNECK, CASE NO. 50 2009 CA 032745 XXXX MB io Plaintiff, vs. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. REPLY & D) ‘OR YY TRIAL Florida Bar #218261 COMES NOW Plaintiff, by and through the undersigned attorneys, and hereby files this Reply to the affirmative defenses alleged by Defendant, and would state: 1. That each and every affirmative defense is hereby denied and strict proof thereof is hereby demanded. 2. Defendant's failure to comply with Section 627.421 (1), Florida Statutes excused Plaintiff's performance of the policy's post loss requirements of an insured in the event of loss. 3. Defendant's failure to comply with Section 627.421 (1), Florida Statutes constituted a waiver and/or discharge of Plaintiffs obligation to comply with the policy's post loss requirements of an insured in the event of loss. 4. Defendant's failure to mail or deliver a copy of the subject policy to Plaintiff/Petitioner prior to the date of loss excused Plaintiff's performance of the policy's EEE] ! \ Law OFFICE OF KENNETH R. DUBOFF, P.A. | a tt — — =post loss requirements of an insured in the event of loss. 5. Defendant's failure to mail or deliver a copy of the subject policy to Plaintiff prior to the date of loss constituted a waiver and/or discharge of Plaintiffs obligation to comply with the policy's post loss requirements of an insured in the event of loss. 6. Defendant's failure to comply with Plaintiff's request for Defendant to mail or deliver a copy of the subject policy to Plaintiff subsequent to the date of loss, constituted a waiver and/or discharge of Plaintiffs obligation to comply with the policy’s post loss requirements of an insured in the event of loss. PLAINTIFF DEMANDS A TRIAL BY JURY OF ALL ISSUES TRIABLE AS MATTER OF RIGHT BY A JURY. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that on this day of nacnbee 2009, a true and correct copy of the foregoing was [X faxed; 0) hand delivered; ECinailed by US Mail, to: Stephen F. Radford, Esq., Pratt & Radford P.L., (Fax No. 561.471.4240), 1401 Forum Way, Suite 500, West Palm Beach, FL, 33401. Law OFFICE OF KENNETH R. DUBOFF, P.A. ATTORNEY FOR PLAINTIFF 12430 West Dixig HIGHWAY NORTH MiAMI, FLORIDA 33161 TELEPHONE 893-00