Preview
Case Number: COSO-18-000124 Division: 60
Filing # 66102104 E-Filed 01/04/2018 01:39:10 PM
IN THE COUNTY COURT OF THE 17TH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
CASE NO.
G&R PLUMBING, INC. A/A/O JOHN
AND MARCI HAZELGROVE,
Plaintiff,
v.
FLORIDA PENINSULA INSURANCE
COMPANY, a Florida corporation,
Defendant.
Pp TIFF'S FIRST REQUEST FOR ADMISSIONS
Plaintiff, G&R Plumbing, Inc. a/a/o John and Marci Hazelgrove, through undersigned
counsel, and pursuant to Fla. R. Civ. P. Rules 1.200, 1.280, and 1.370, hereby requests Florida
Peninsula Insurance Company to respond to the following Request for Admissions for purposes
of this action only and subject to objections to admissibility at trial, by admitting to or denying the
numbered paragraphs below. You must respond within thirty (30) days from the date of service
hereof, or such other time as ordered by the Court. You may serve a response within forty-five
(45) days after service of the process and initial pleading on you.
[The rest of this page is intentionally left blank.]
Matter ID: 2256 ; Plaintiff's First Request for Admissions Page 12 of 6
*4* FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 1/5/2018 2:50:54 PM.****L DEFINITIONS
For purposes of responding to these Requests for Admissions to Defendant, the following
definitions shall apply:
CASE SPECIFIC DEFINITIONS
1. “Plaintiff? means G&R Plumbing, Inc. a/a/o John and Marci Hazelgrove, including
its officers, directors, shareholders, employees, agents, attorneys, accountants and representatives.
2. “Defendant,” “Insurer,” “You,” or “Your” means Florida Peninsula Insurance
Company, including its officers, directors, shareholders, employees, agents, attorneys, accountants
and representatives.
3. “Policy” means the homeowners’ insurance policy issued by Defendant, bearing
Policy Number FPH4107643-03, and all related Forms, Notices and Endorsements.
4. “Claim” means the Claim submitted pursuant to the Policy by Plaintiff to
Defendant, in regard to damage which occurred on or about September 10, 2017, and bearing
Claim Number FPI076267.
5. “Date of Loss” means on or about September 10, 2017.
6. “Loss” means the direct, physical loss, resulting in damage to the Property, on the
Date of Loss.
7. “Property” means the insured property located at 8085 NW 71 Court Tamarac,
Florida 33321.
8. “Plaintiff's Invoice(s)” means the invoice(s) which is/are attached to Plaintiff's
Complaint as Exhibit “B”, which Plaintiff issued after conducting emergency leak detection to the
Property, after the Property suffered damage caused by a water event on or about the Date of Loss.
9. “Plaintiff's Assignment of Benefits” or “Assignment of Benefits” means the
assignment, which is attached to Plaintiff's Complaint as Exhibit “A”, which the insured and/or
additional insured and/or third-party beneficiary and/or creditor beneficiary gave to Plaintiff in
exchange for Plaintiff conducting emergency leak detection to the Property on or about the Date
of Loss.
10. Unless otherwise provided, the applicable scope of time is from a year prior to
September 10, 2017 to the present.
GENERAL DEFINITIONS
11. “Adjuster” means the Property & Casualty Adjuster, working on or associated with
or having responsibility for the Insurer’s coverage evaluation or the Insurer’s handling of the
subject Claim.
Matter II): 2256 Page 13 of 612. “Agent” shall mean any agent, employee, officer, director, attorney, independent
contractor or any other person acting at the direction of or on behalf of another.
13. “And” and “or” as used herein are terms of inclusion and not of exclusion, and shall
be construed either disjunctively or conjunctively as necessary to bring within the scope of the
Interrogatories to Defendant any document or information that might otherwise be construed to be
outside its scope.
14. “Any” means one or more.
15. “Complaint” means the most recent Complaint filed in the instant case, which has
been or will be served on the Defendant.
16. “Date” shall mean the exact date, month and year, if ascertainable or, if not, the
best approximation of the date (based upon relationship with other events).
17. “Describe,” “discuss,” “analyze,” “describing,” “discussion,” or “analyzing,” when
used in reference to a Document, mean any Document that, in whole or in part, characterizes,
delineates, explicates, deliberates, evaluates, appraises, assesses or provides a general explanation
of the specified subject.
18. | “Document” or “documents” as used herein shall mean any writing, recording,
electronically stored information or photograph in Your actual or constructive possession, custody,
care or control, which pertain directly or indirectly, in whole or in part, either to any of the subjects
listed below or to any other matter relevant to the issues in this action, or which are themselves
listed below as specific documents, including, but not limited to: correspondence, memoranda,
notes, messages, diaries, minutes, books, reports, charts, ledgers, invoices, computer printouts,
microfilms, video tapes or tape recordings.
19. “Identify,” when used in reference to a document (including electronically stored
information), means and includes the name and address of the custodian of the document, the
location of the document, and a general description of the document, including (1) the type of
document (e.g., letter or memorandum) and, if electronically stored information, the software
application used to create it (e.g., MS Word or MS Excel Spreadsheet); (2) the general subject
matter of the document or electronically stored information; (3) the date of the document or
electronically stored information; (4) the author of the document or electronically stored
information; (5) the addressee of the document or electronically stored information; and (6) the
relationship of the author and addressee to each other.
20. “Person” shall mean any individual, corporation, proprietorship, partnership, trust,
association or any other entity.
21. “Pertain to” or “pertaining to” means relates to, refers to, contains, concerns,
describes, embodies, mentions, constitutes, constituting, supports, corroborates, demonstrates,
proves, evidences, shows, refutes, disputes, rebuts, controverts or contradicts.
22. “Relate to” and “relating to” mean to make a statement about, refer to, discuss,
describe, reflect, contain, comprise, identify, or in any way to pertain to, in whole or in part, or
Matter II): 2256 Page 14 of 6otherwise to be used, considered, or reviewed in any way in connection with, the specified subject.
Thus, documents that “relate to” a subject also include those which were specifically rejected and
those which were not relied or acted upon.
23. “Year” means calendar year.
24. Regardless of the tense employed, all verbs shall be read as applying to the past,
present and future as is necessary to make any paragraph more, rather than less, inclusive.
25. The singular form of a noun or pronoun shall be considered to include within its
meaning the plural form of the noun or pronoun, and vice versa. The masculine form of a noun or
pronoun shall be considered to include within its meaning the feminine form of the noun or
pronoun, and vice versa.
I. REQUESTS FOR ADMISSIONS
Defendant is to admit or deny the truth of each of the following statements:
1. On or about September 10, 2017 (the “Date of Loss”), the Insured had an insurance
policy with Defendant that was in full force and effect, bearing policy number FPH4107643-03
(the “Policy”), for the insured property located at 8085 NW 71 Court Tamarac, Florida 33321 (the
“Property”).
2. Damage caused by a sudden and accidental water loss is covered under the Policy.
3. Ensuing damage caused by water is covered under the Policy.
4. Damage caused by water is not expressly excluded from coverage under the Policy.
5. Ensuing damage caused by water is not expressly excluded from coverage under
the Policy.
6. Emergency leak detection services are covered under the Policy’s reasonable repair
coverage.
7. Defendant was timely notified that the Loss occurred at the Property.
8. The Insured has complied with all prerequisites for receiving benefits under the
Policy for the Loss.
9. Defendant is properly named in this lawsuit.
Matter II): 2256 Page 15 of 610. The Loss that occurred on or about September 10, 2017 at the Property is a covered
loss under the Policy.
11. Defendant assigned claim number FP1I076267 to the Loss (the “Loss”).
12. Before Plaintiff sued Defendant in this lawsuit, Defendant received Plaintiff's
Assignment of Benefits and Plaintiff's Invoice.
13. Pursuant to the Assignment of Benefits, the Insured assigned to Plaintiff the right
to sue Defendant to collect from Defendant the amount of Plaintiff's Invoice.
14. Pursuant to the Assignment of Benefits, the Insured assigned to Plaintiff the
Insured’s right to demand that Defendant pay Plaintiffs Invoice.
15. Plaintiff is an after-loss assignee under the Policy for the services Plaintiff provided
to the Property.
16. | Through the Assignment of Benefits, the Insured assigned to Plaintiff insurance
benefits limited to the services Plaintiff provided to the Property.
17. The signature on the Assignment of Benefits is that of the Insured and/or the
Insured’s representative.
18. Defendant failed to pay the full amount of Plaintiff's Invoice.
19. Prior to Plaintiff suing Defendant in this lawsuit, Defendant had the opportunity to
evaluate Plaintiff's Invoice.
20. Defendant’s claims file and electronic claim notes are kept in the ordinary course
of business.
21. Defendant had the opportunity to inspect the Property prior to issuing the Policy to
the Insured.
22. Defendant inspected the Property prior to the Loss.
Matter II): 2256 Page 16 of 623.
the Policy in its possession.
24.
Defendant authored and/or drafted the Policy, and has a true and correct copy of
Following a covered loss under the Policy, payment may be made by Defendant to
an Assignee of Benefits, without further consent from an insured or beneficiary under the Policy.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on January 4, 2018, a true and correct copy of the foregoing
has been or will be furnished by delivery to the Defendant along with service of the Complaint.
Matter ID: 2256
Respectfully submitted,
/s/ Marilyn Eisler
Florida Professional Law Group, PLLC
Marilyn Eisler, Esq.
Florida Bar No. 621986
4600 Sheridan St., Suite 303
Hollywood, FL 33021
Tel. (954) 284-0900
Fax. (954) 284-0747
E-mail: meisler@flplg.com
E-mail: eservice@flplg.com
Attorneys for Plaintiff, G&R Plumbing, Inc. a/a/o
John and Marci Hazelgrove
Page 17 of 6
Preview
Case Number: COSO-18-000124 Division: 60 Filing # 66102104 E-Filed 01/04/2018 01:39:10 PM IN THE COUNTY COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO. G&R PLUMBING, INC. A/A/O JOHN AND MARCI HAZELGROVE, Plaintiff, v. FLORIDA PENINSULA INSURANCE COMPANY, a Florida corporation, Defendant. Pp TIFF'S FIRST REQUEST FOR ADMISSIONS Plaintiff, G&R Plumbing, Inc. a/a/o John and Marci Hazelgrove, through undersigned counsel, and pursuant to Fla. R. Civ. P. Rules 1.200, 1.280, and 1.370, hereby requests Florida Peninsula Insurance Company to respond to the following Request for Admissions for purposes of this action only and subject to objections to admissibility at trial, by admitting to or denying the numbered paragraphs below. You must respond within thirty (30) days from the date of service hereof, or such other time as ordered by the Court. You may serve a response within forty-five (45) days after service of the process and initial pleading on you. [The rest of this page is intentionally left blank.] Matter ID: 2256 ; Plaintiff's First Request for Admissions Page 12 of 6 *4* FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 1/5/2018 2:50:54 PM.****L DEFINITIONS For purposes of responding to these Requests for Admissions to Defendant, the following definitions shall apply: CASE SPECIFIC DEFINITIONS 1. “Plaintiff? means G&R Plumbing, Inc. a/a/o John and Marci Hazelgrove, including its officers, directors, shareholders, employees, agents, attorneys, accountants and representatives. 2. “Defendant,” “Insurer,” “You,” or “Your” means Florida Peninsula Insurance Company, including its officers, directors, shareholders, employees, agents, attorneys, accountants and representatives. 3. “Policy” means the homeowners’ insurance policy issued by Defendant, bearing Policy Number FPH4107643-03, and all related Forms, Notices and Endorsements. 4. “Claim” means the Claim submitted pursuant to the Policy by Plaintiff to Defendant, in regard to damage which occurred on or about September 10, 2017, and bearing Claim Number FPI076267. 5. “Date of Loss” means on or about September 10, 2017. 6. “Loss” means the direct, physical loss, resulting in damage to the Property, on the Date of Loss. 7. “Property” means the insured property located at 8085 NW 71 Court Tamarac, Florida 33321. 8. “Plaintiff's Invoice(s)” means the invoice(s) which is/are attached to Plaintiff's Complaint as Exhibit “B”, which Plaintiff issued after conducting emergency leak detection to the Property, after the Property suffered damage caused by a water event on or about the Date of Loss. 9. “Plaintiff's Assignment of Benefits” or “Assignment of Benefits” means the assignment, which is attached to Plaintiff's Complaint as Exhibit “A”, which the insured and/or additional insured and/or third-party beneficiary and/or creditor beneficiary gave to Plaintiff in exchange for Plaintiff conducting emergency leak detection to the Property on or about the Date of Loss. 10. Unless otherwise provided, the applicable scope of time is from a year prior to September 10, 2017 to the present. GENERAL DEFINITIONS 11. “Adjuster” means the Property & Casualty Adjuster, working on or associated with or having responsibility for the Insurer’s coverage evaluation or the Insurer’s handling of the subject Claim. Matter II): 2256 Page 13 of 612. “Agent” shall mean any agent, employee, officer, director, attorney, independent contractor or any other person acting at the direction of or on behalf of another. 13. “And” and “or” as used herein are terms of inclusion and not of exclusion, and shall be construed either disjunctively or conjunctively as necessary to bring within the scope of the Interrogatories to Defendant any document or information that might otherwise be construed to be outside its scope. 14. “Any” means one or more. 15. “Complaint” means the most recent Complaint filed in the instant case, which has been or will be served on the Defendant. 16. “Date” shall mean the exact date, month and year, if ascertainable or, if not, the best approximation of the date (based upon relationship with other events). 17. “Describe,” “discuss,” “analyze,” “describing,” “discussion,” or “analyzing,” when used in reference to a Document, mean any Document that, in whole or in part, characterizes, delineates, explicates, deliberates, evaluates, appraises, assesses or provides a general explanation of the specified subject. 18. | “Document” or “documents” as used herein shall mean any writing, recording, electronically stored information or photograph in Your actual or constructive possession, custody, care or control, which pertain directly or indirectly, in whole or in part, either to any of the subjects listed below or to any other matter relevant to the issues in this action, or which are themselves listed below as specific documents, including, but not limited to: correspondence, memoranda, notes, messages, diaries, minutes, books, reports, charts, ledgers, invoices, computer printouts, microfilms, video tapes or tape recordings. 19. “Identify,” when used in reference to a document (including electronically stored information), means and includes the name and address of the custodian of the document, the location of the document, and a general description of the document, including (1) the type of document (e.g., letter or memorandum) and, if electronically stored information, the software application used to create it (e.g., MS Word or MS Excel Spreadsheet); (2) the general subject matter of the document or electronically stored information; (3) the date of the document or electronically stored information; (4) the author of the document or electronically stored information; (5) the addressee of the document or electronically stored information; and (6) the relationship of the author and addressee to each other. 20. “Person” shall mean any individual, corporation, proprietorship, partnership, trust, association or any other entity. 21. “Pertain to” or “pertaining to” means relates to, refers to, contains, concerns, describes, embodies, mentions, constitutes, constituting, supports, corroborates, demonstrates, proves, evidences, shows, refutes, disputes, rebuts, controverts or contradicts. 22. “Relate to” and “relating to” mean to make a statement about, refer to, discuss, describe, reflect, contain, comprise, identify, or in any way to pertain to, in whole or in part, or Matter II): 2256 Page 14 of 6otherwise to be used, considered, or reviewed in any way in connection with, the specified subject. Thus, documents that “relate to” a subject also include those which were specifically rejected and those which were not relied or acted upon. 23. “Year” means calendar year. 24. Regardless of the tense employed, all verbs shall be read as applying to the past, present and future as is necessary to make any paragraph more, rather than less, inclusive. 25. The singular form of a noun or pronoun shall be considered to include within its meaning the plural form of the noun or pronoun, and vice versa. The masculine form of a noun or pronoun shall be considered to include within its meaning the feminine form of the noun or pronoun, and vice versa. I. REQUESTS FOR ADMISSIONS Defendant is to admit or deny the truth of each of the following statements: 1. On or about September 10, 2017 (the “Date of Loss”), the Insured had an insurance policy with Defendant that was in full force and effect, bearing policy number FPH4107643-03 (the “Policy”), for the insured property located at 8085 NW 71 Court Tamarac, Florida 33321 (the “Property”). 2. Damage caused by a sudden and accidental water loss is covered under the Policy. 3. Ensuing damage caused by water is covered under the Policy. 4. Damage caused by water is not expressly excluded from coverage under the Policy. 5. Ensuing damage caused by water is not expressly excluded from coverage under the Policy. 6. Emergency leak detection services are covered under the Policy’s reasonable repair coverage. 7. Defendant was timely notified that the Loss occurred at the Property. 8. The Insured has complied with all prerequisites for receiving benefits under the Policy for the Loss. 9. Defendant is properly named in this lawsuit. Matter II): 2256 Page 15 of 610. The Loss that occurred on or about September 10, 2017 at the Property is a covered loss under the Policy. 11. Defendant assigned claim number FP1I076267 to the Loss (the “Loss”). 12. Before Plaintiff sued Defendant in this lawsuit, Defendant received Plaintiff's Assignment of Benefits and Plaintiff's Invoice. 13. Pursuant to the Assignment of Benefits, the Insured assigned to Plaintiff the right to sue Defendant to collect from Defendant the amount of Plaintiff's Invoice. 14. Pursuant to the Assignment of Benefits, the Insured assigned to Plaintiff the Insured’s right to demand that Defendant pay Plaintiffs Invoice. 15. Plaintiff is an after-loss assignee under the Policy for the services Plaintiff provided to the Property. 16. | Through the Assignment of Benefits, the Insured assigned to Plaintiff insurance benefits limited to the services Plaintiff provided to the Property. 17. The signature on the Assignment of Benefits is that of the Insured and/or the Insured’s representative. 18. Defendant failed to pay the full amount of Plaintiff's Invoice. 19. Prior to Plaintiff suing Defendant in this lawsuit, Defendant had the opportunity to evaluate Plaintiff's Invoice. 20. Defendant’s claims file and electronic claim notes are kept in the ordinary course of business. 21. Defendant had the opportunity to inspect the Property prior to issuing the Policy to the Insured. 22. Defendant inspected the Property prior to the Loss. Matter II): 2256 Page 16 of 623. the Policy in its possession. 24. Defendant authored and/or drafted the Policy, and has a true and correct copy of Following a covered loss under the Policy, payment may be made by Defendant to an Assignee of Benefits, without further consent from an insured or beneficiary under the Policy. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on January 4, 2018, a true and correct copy of the foregoing has been or will be furnished by delivery to the Defendant along with service of the Complaint. Matter ID: 2256 Respectfully submitted, /s/ Marilyn Eisler Florida Professional Law Group, PLLC Marilyn Eisler, Esq. Florida Bar No. 621986 4600 Sheridan St., Suite 303 Hollywood, FL 33021 Tel. (954) 284-0900 Fax. (954) 284-0747 E-mail: meisler@flplg.com E-mail: eservice@flplg.com Attorneys for Plaintiff, G&R Plumbing, Inc. a/a/o John and Marci Hazelgrove Page 17 of 6