On January 19, 2021 a
Request for Production
was filed
involving a dispute between
Cindy Nalyd,
Ric Nalyd,
and
Asi Preferred Insurance Corp,
for CA Insurance Claims
in the District Court of Lee County.
Preview
Filing # 119819338 E-Filed 01/19/2021 11:04:45 AM
IN THE CIRCUIT COURT IN AND FOR LEE COUNTY, FLORIDA
RIC NALYD AND CINDY NALYD, CASE NO.
Plaintiffs,
v.
ASI PREFERRED INSURANCE CORP.,
Defendant.
REQUEST FOR ADMISSIONS
COME NOW the Plaintiffs, Ric Nalyd and Cindy Nalyd, by and through the undersigned
attorneys, and pursuant to the applicable Florida Rules of Civil Procedure, hereby requests the
Defendant, ASI Preferred Insurance Corp., to admit or deny the following items:
1. Admit that on the date of the alleged loss described in the Complaint that the policy
described in the Complaint was in full force and effect.
2. Admit that pursuant to the Policy, Defendant had a duty to properly adjust and pay claim
number 811436-201013.
3. Admit that Defendant insured the Property under the Policy.
4. Admit that Plaintiffs submitted to Defendant a written estimate of repairs for the Loss.
5. Admit that Defendant did not make a request in writing for the Plaintiffs to submit a Sworn
Proof of Loss for the Loss.
6. Admit that Defendant did not make a request in writing for the Plaintiffs to submit to an
examination under oath for the Loss.
7. Admit that the Insured permitted Defendant access to the Property after September 10,
2017.
8. Admit that Defendant acknowledged coverage for the Loss and to which Defendant
assigned claim number 811436-201013.
eFiled Lee County Clerk of Courts Page 19. Admit that Defendant made a payment of insurance benefits to, or for the benefit of,
Plaintiffs for the Loss.
10. Admit that direct impact from flying debris is not the only way for tiles to be broken or
damaged during a high wind.
11. Admit that Defendant believes that Plaintiffs are not entitled to any more insurance benefits
for claim number 811436-201013 than what has already been paid by Defendant prior to
the filing of this lawsuit.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing was to be served
upon Defendant by the Insurance Commissioner of the State of Florida.
Respectfully submitted,
KATRANIS, WALD & GARNER, PLLC
501 E Las Olas Blvd., Suite 200/300
Fort Lauderdale, Florida 33301
Tel.: (754) 231-8107
E-Service Email: service@kwglegal.com
Non-Service Email: Jackson@kwglegal.com
Secondary Email: Margaret@kwglegal.com
By: /s/ Margaret E. Garner, Esq.
Margaret E. Garner, Esq.
Florida Bar No.: 85908
Jackson De Souza, Esq.
Florida Bar No.: 1001603
eFiled Lee County Clerk of Courts Page 2
Document Filed Date
January 19, 2021
Case Filing Date
January 19, 2021
Category
CA Insurance Claims
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Filing # 119819338 E-Filed 01/19/2021 11:04:45 AM IN THE CIRCUIT COURT IN AND FOR LEE COUNTY, FLORIDA RIC NALYD AND CINDY NALYD, CASE NO. Plaintiffs, v. ASI PREFERRED INSURANCE CORP., Defendant. REQUEST FOR ADMISSIONS COME NOW the Plaintiffs, Ric Nalyd and Cindy Nalyd, by and through the undersigned attorneys, and pursuant to the applicable Florida Rules of Civil Procedure, hereby requests the Defendant, ASI Preferred Insurance Corp., to admit or deny the following items: 1. Admit that on the date of the alleged loss described in the Complaint that the policy described in the Complaint was in full force and effect. 2. Admit that pursuant to the Policy, Defendant had a duty to properly adjust and pay claim number 811436-201013. 3. Admit that Defendant insured the Property under the Policy. 4. Admit that Plaintiffs submitted to Defendant a written estimate of repairs for the Loss. 5. Admit that Defendant did not make a request in writing for the Plaintiffs to submit a Sworn Proof of Loss for the Loss. 6. Admit that Defendant did not make a request in writing for the Plaintiffs to submit to an examination under oath for the Loss. 7. Admit that the Insured permitted Defendant access to the Property after September 10, 2017. 8. Admit that Defendant acknowledged coverage for the Loss and to which Defendant assigned claim number 811436-201013. eFiled Lee County Clerk of Courts Page 19. Admit that Defendant made a payment of insurance benefits to, or for the benefit of, Plaintiffs for the Loss. 10. Admit that direct impact from flying debris is not the only way for tiles to be broken or damaged during a high wind. 11. Admit that Defendant believes that Plaintiffs are not entitled to any more insurance benefits for claim number 811436-201013 than what has already been paid by Defendant prior to the filing of this lawsuit. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing was to be served upon Defendant by the Insurance Commissioner of the State of Florida. Respectfully submitted, KATRANIS, WALD & GARNER, PLLC 501 E Las Olas Blvd., Suite 200/300 Fort Lauderdale, Florida 33301 Tel.: (754) 231-8107 E-Service Email: service@kwglegal.com Non-Service Email: Jackson@kwglegal.com Secondary Email: Margaret@kwglegal.com By: /s/ Margaret E. Garner, Esq. Margaret E. Garner, Esq. Florida Bar No.: 85908 Jackson De Souza, Esq. Florida Bar No.: 1001603 eFiled Lee County Clerk of Courts Page 2