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Filing # 119306211 E-Filed 01/08/2021 01:39:55 PM
20-544 IN THE CIRCUIT COURT OF THE 17"
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
ERIC DEININGER AND MARIE DEININGER, — CASE NO: CACE-20-017353 (18)
Plaintiffs,
Vv.
GULFSTREAM PROPERTY AND CASUALTY
INSURANCE COMPANY,
Defendant.
/
DEFENDANT’S ANSWER AND AFFIRMATIVE DEFENSES
Defendant, Gulfstream Property and Casualty Insurance Company (“Gulfstream”), files
this, its answer and affirmative defenses to plaintiffs’ complaint, and states:
1. Admitted for jurisdictional purposes only but denied that Gulfstream is liable for
any damages. Otherwise, all other allegations and/or inferences are denied.
2. Without knowledge, therefore denied.
3. Admitted for jurisdictional and venue purposes only.
4. Admitted that plaintiffs reported a water loss to the subject residential property
located at 6736 Houlton Circle in Lake Worth, Florida (“Property”) that allegedly occurred on
November 24, 2017. Otherwise, denied as stated.
5. Admitted only that Policy No. GPH0018192 (“Policy”) was issued by Gulfstream,
pertaining to the Property, subject to the terms, conditions and exclusions in the Policy. Otherwise,
denied as stated.
6. Admitted only that the Policy was issued by Gulfstream, pertaining to the Property,
subject to the terms, conditions and exclusions in the Policy, which had an effective term from
November 9, 2017 through November 9, 2018. Otherwise, denied as stated.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 01/08/2021 01:39:55 PM.****7.
8.
Admitted.
Admitted only that Gulfstream is in possession of the Policy, which is available in
discovery. Otherwise, denied.
9.
Admitted only that Gulfstream adjusted the plaintiffs’ claim of loss and paid all
sums due and owing under the Policy arising from the same. Otherwise, denied.
10.
Admitted only that defendant is not presently asserting a failure to comply with
conditions precedent to maintain this action or recover insurance proceeds pursuant to the Policy,
yet reserves the right to do so should the supporting facts therefore be developed in discovery,
which is ongoing. Otherwise, denied as stated.
11.
12.
13.
14.
15.
16.
Denied.
Denied.
Denied.
Denied.
Denied.
Denied.
All remaining allegations and inferences contained within plaintiffs’ complaint not
specifically admitted herein are denied, including, without limitation, all allegations, inferences or
requests for relief set forth within plaintiffs’ wherefore clause as set forth in plaintiffs’ complaint.
AFFIRMATIVE DEFENSES
First Affirmative Defense — Actual Value of Repairs
Gulfstream is only liable for the actual cash value at the time of the loss, but not more than
the amount required to repair or replace damaged covered property. See Policy, GPH0018192.Plaintiffs have not submitted any documents to support entitlement to additional indemnification
for their covered loss in excess of the amounts previously paid by Defendant.
Second Affirmative Defense — Plumbing System Repairs/Replacement
The Policy specifically does not afford coverage for repairs to or the replacement of
plaintiffs’ failed plumbing and/or appliance components themselves, regardless of whether the
failure of or damage to said items causes ensuing covered loss. See Policy, GPH0018192. As
such, plaintiffs cannot recover damages arising from the repair to or replacement of the reported
failed dishwasher supply line or the dishwasher itself.
Third Affirmative Defense - Wear and Tear or Deterioration
The Policy does not afford coverage for damage caused by wear and tear, marring,
deterioration, inherent vice, latent defect, defect, mechanical breakdown, or corrosion. See Policy,
GPH0018192. Here, there is no coverage for this claim to the extent that any damages claimed by
plaintiffs were the result of these excluded causes, in whole or in part.
Fourth Affirmative Defense - Faulty, Inadequate or Defective
The Policy does not afford coverage for damage caused directly or indirectly by faulty,
inadequate, or defective installation, workmanship, repairs, or maintenance. See Policy,
GPH0018192. Therefore, there is no coverage to the extent that any of the alleged damage was
caused by faulty, defective, or inadequate installation, workmanship, repairs, or maintenance of
the subject property.
WHEREFORE, Gulfstream has answered plaintiffs’ allegations, asserted its defenses
thereto, demands trial by jury on all issues so triable as a matter of right, requests that the Court
enter judgment in its favor, tax all costs against plaintiffs, and for such other and further relief as
the Court deems just and proper.CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served via
Florida’s e-filing portal on this _8th day of January, 2021, to Lee Glassman, Esq.,
The Glassman Legal Group, 2200 North Commerce Parkway, Suite 105, Ft. Lauderdale,
FL 33326. lee@leeglassman.com
COLODNY FASS
Attorneys for Defendant
1401 NW 136" Avenue, Suite 200
Sunrise, Florida 33323
Telephone: (954) 492-4010
Facsimile: (954) 492-1144
By: /s/Seric J.Fallon
SERIC J. FALLON, ESQ.
Fla. Bar No. 40979
sfallon@colodnyfss.com
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Filing # 119306211 E-Filed 01/08/2021 01:39:55 PM 20-544 IN THE CIRCUIT COURT OF THE 17" JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA ERIC DEININGER AND MARIE DEININGER, — CASE NO: CACE-20-017353 (18) Plaintiffs, Vv. GULFSTREAM PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant. / DEFENDANT’S ANSWER AND AFFIRMATIVE DEFENSES Defendant, Gulfstream Property and Casualty Insurance Company (“Gulfstream”), files this, its answer and affirmative defenses to plaintiffs’ complaint, and states: 1. Admitted for jurisdictional purposes only but denied that Gulfstream is liable for any damages. Otherwise, all other allegations and/or inferences are denied. 2. Without knowledge, therefore denied. 3. Admitted for jurisdictional and venue purposes only. 4. Admitted that plaintiffs reported a water loss to the subject residential property located at 6736 Houlton Circle in Lake Worth, Florida (“Property”) that allegedly occurred on November 24, 2017. Otherwise, denied as stated. 5. Admitted only that Policy No. GPH0018192 (“Policy”) was issued by Gulfstream, pertaining to the Property, subject to the terms, conditions and exclusions in the Policy. Otherwise, denied as stated. 6. Admitted only that the Policy was issued by Gulfstream, pertaining to the Property, subject to the terms, conditions and exclusions in the Policy, which had an effective term from November 9, 2017 through November 9, 2018. Otherwise, denied as stated. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 01/08/2021 01:39:55 PM.****7. 8. Admitted. Admitted only that Gulfstream is in possession of the Policy, which is available in discovery. Otherwise, denied. 9. Admitted only that Gulfstream adjusted the plaintiffs’ claim of loss and paid all sums due and owing under the Policy arising from the same. Otherwise, denied. 10. Admitted only that defendant is not presently asserting a failure to comply with conditions precedent to maintain this action or recover insurance proceeds pursuant to the Policy, yet reserves the right to do so should the supporting facts therefore be developed in discovery, which is ongoing. Otherwise, denied as stated. 11. 12. 13. 14. 15. 16. Denied. Denied. Denied. Denied. Denied. Denied. All remaining allegations and inferences contained within plaintiffs’ complaint not specifically admitted herein are denied, including, without limitation, all allegations, inferences or requests for relief set forth within plaintiffs’ wherefore clause as set forth in plaintiffs’ complaint. AFFIRMATIVE DEFENSES First Affirmative Defense — Actual Value of Repairs Gulfstream is only liable for the actual cash value at the time of the loss, but not more than the amount required to repair or replace damaged covered property. See Policy, GPH0018192.Plaintiffs have not submitted any documents to support entitlement to additional indemnification for their covered loss in excess of the amounts previously paid by Defendant. Second Affirmative Defense — Plumbing System Repairs/Replacement The Policy specifically does not afford coverage for repairs to or the replacement of plaintiffs’ failed plumbing and/or appliance components themselves, regardless of whether the failure of or damage to said items causes ensuing covered loss. See Policy, GPH0018192. As such, plaintiffs cannot recover damages arising from the repair to or replacement of the reported failed dishwasher supply line or the dishwasher itself. Third Affirmative Defense - Wear and Tear or Deterioration The Policy does not afford coverage for damage caused by wear and tear, marring, deterioration, inherent vice, latent defect, defect, mechanical breakdown, or corrosion. See Policy, GPH0018192. Here, there is no coverage for this claim to the extent that any damages claimed by plaintiffs were the result of these excluded causes, in whole or in part. Fourth Affirmative Defense - Faulty, Inadequate or Defective The Policy does not afford coverage for damage caused directly or indirectly by faulty, inadequate, or defective installation, workmanship, repairs, or maintenance. See Policy, GPH0018192. Therefore, there is no coverage to the extent that any of the alleged damage was caused by faulty, defective, or inadequate installation, workmanship, repairs, or maintenance of the subject property. WHEREFORE, Gulfstream has answered plaintiffs’ allegations, asserted its defenses thereto, demands trial by jury on all issues so triable as a matter of right, requests that the Court enter judgment in its favor, tax all costs against plaintiffs, and for such other and further relief as the Court deems just and proper.CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served via Florida’s e-filing portal on this _8th day of January, 2021, to Lee Glassman, Esq., The Glassman Legal Group, 2200 North Commerce Parkway, Suite 105, Ft. Lauderdale, FL 33326. lee@leeglassman.com COLODNY FASS Attorneys for Defendant 1401 NW 136" Avenue, Suite 200 Sunrise, Florida 33323 Telephone: (954) 492-4010 Facsimile: (954) 492-1144 By: /s/Seric J.Fallon SERIC J. FALLON, ESQ. Fla. Bar No. 40979 sfallon@colodnyfss.com