On October 19, 2020 a
Request for Admissions
was filed
involving a dispute between
Deininger, Eric,
Deininger, Marie,
and
Gulfstream Property And Casualty Insurance Company,
for Contract and Indebtedness
in the District Court of Broward County.
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Filing # 117466653 E-Filed 12/01/2020 04:07:56 PM
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
ERIC DEININGER AND MARIE GENERAL JURISDICTION DIV.
DEININGER, CASE NO.: 20-017353 (18)
Plaintiffs,
vs.
GULFSTREAM PROPERTY & CASUALTY
INSURANCE COMPANY, a Florida Corporation
Defendant.
/
PLAINTIFFS’ FIRST REQUEST FOR ADMISSIONS TO DEFENDANT
The Plaintiffs’, ERIC DEININGER and MARIE DEININGER, by and through their
undersigned legal counsel and pursuant to Florida Rule of Civil Procedure 1.370,
requests the Defendant to admit or deny in writing the truth of the matters set forth
below on or before thirty-days (30) day after service of this Request for Admissions.
1. At all times material to the Complaint, Defendant was a corporation fully
licensed to transact insurance business in the State of Florida, and has agents in
Broward County, Florida for the transaction of its customary business in Florida.
2. The Defendant’s business name as set forth in Plaintiff's Complaint is the
correct insurer for the case at bar.
3. On the date of the alleged loss described in the Complaint, that the policy
bearing the number GPH0018192, and also described in the Complaint, was in full force
and effect.
4. Plaintiffs are the named insureds under the insurance policy described in
the Complaint.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 12/01/2020 04:07:56 PM.****5. The premises described in the Complaint are the insured premises under
the insurance policy described in the Complaint.
6. Plaintiffs made a claim against the Defendant for insurance coverage to
Plaintiffs’ Property.
7. Defendant denied Plaintiffs’ claim as described in the Complaint.
8. Plaintiffs submitted to Defendant a written estimate of repairs for the
damage alleged to have occurred by reason of the alleged loss described in the
Complaint.
9. Plaintiffs have fully cooperated with the Defendant with respect to all
request for investigation and inspection of the subject premises.
10. Plaintiffs have complied with all post loss obligations as set forth in the
insurance policy as requested by the Defendant.
11. The Plaintiffs timely notified the Defendant of the subject loss.
12. The Defendant was not prejudiced by any alleged late reporting of the
subject loss.
13. There is a disagreement between the Plaintiffs and Defendant as to the
amount of the alleged loss described in the complaint.
14. — Prior to the institution of this lawsuit, Defendant received a written demand
for full payment under the policy submitted by you or on behalf of the Plaintiffs for the
subject loss.
15. Prior to the date of filing this lawsuit, Defendant did not request of
Plaintiffs, in writing, that Plaintiffs submit to an examination under oath for the alleged
loss described in the Complaint.16. Prior to the date of the filing of this lawsuit, Plaintiffs and/or their agent(s)
sent to Defendant, Plaintiffs’ signed sworn proof of loss for the alleged loss described in
the Complaint.
17. Prior to the date of the filing of this lawsuit, that one or more of the
Defendant's agents and/or adjusters or employees were showed, or visited, or
inspected the alleged damaged property described in the Complaint.
18. Defendant does not have any written document evidencing that the entire
insurance policy described in the Complaint was delivered to the Plaintiffs.
19. Defendant did not deliver a copy of the entire insurance policy described
in the Complaint prior to the filing of this lawsuit.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the foregoing was served via
email delivery, upon: SERIC J. FALLON, ESQUIRE Gulfstream Property & Casualty
Ins. Co., Attorneys for Defendant, 1401 NW 136'" Avenue, Suite 200, Sunrise, FL 33323
on this 1% day of December, 2020.
The Glassman Legal Group
Attorneys for Plaintiffs
2200 N. Commerce Parkway, Ste. 105
Fort Lauderdale, Florida 33326
Telephone No.: (954) 915-8800
Facsimile: (954) 915-8900
Email: lee@leeglassman.com
By: /s/ Monica E. McWilliams
LEE D. GLASSMAN, ESQ.
FLORIDA BAR NO.: 0999954
MONICA E MCWILLIAMS, ESQ.
FLORIDA BAR NO.: 105385
Document Filed Date
December 01, 2020
Case Filing Date
October 19, 2020
Category
Contract and Indebtedness
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Filing # 117466653 E-Filed 12/01/2020 04:07:56 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA ERIC DEININGER AND MARIE GENERAL JURISDICTION DIV. DEININGER, CASE NO.: 20-017353 (18) Plaintiffs, vs. GULFSTREAM PROPERTY & CASUALTY INSURANCE COMPANY, a Florida Corporation Defendant. / PLAINTIFFS’ FIRST REQUEST FOR ADMISSIONS TO DEFENDANT The Plaintiffs’, ERIC DEININGER and MARIE DEININGER, by and through their undersigned legal counsel and pursuant to Florida Rule of Civil Procedure 1.370, requests the Defendant to admit or deny in writing the truth of the matters set forth below on or before thirty-days (30) day after service of this Request for Admissions. 1. At all times material to the Complaint, Defendant was a corporation fully licensed to transact insurance business in the State of Florida, and has agents in Broward County, Florida for the transaction of its customary business in Florida. 2. The Defendant’s business name as set forth in Plaintiff's Complaint is the correct insurer for the case at bar. 3. On the date of the alleged loss described in the Complaint, that the policy bearing the number GPH0018192, and also described in the Complaint, was in full force and effect. 4. Plaintiffs are the named insureds under the insurance policy described in the Complaint. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 12/01/2020 04:07:56 PM.****5. The premises described in the Complaint are the insured premises under the insurance policy described in the Complaint. 6. Plaintiffs made a claim against the Defendant for insurance coverage to Plaintiffs’ Property. 7. Defendant denied Plaintiffs’ claim as described in the Complaint. 8. Plaintiffs submitted to Defendant a written estimate of repairs for the damage alleged to have occurred by reason of the alleged loss described in the Complaint. 9. Plaintiffs have fully cooperated with the Defendant with respect to all request for investigation and inspection of the subject premises. 10. Plaintiffs have complied with all post loss obligations as set forth in the insurance policy as requested by the Defendant. 11. The Plaintiffs timely notified the Defendant of the subject loss. 12. The Defendant was not prejudiced by any alleged late reporting of the subject loss. 13. There is a disagreement between the Plaintiffs and Defendant as to the amount of the alleged loss described in the complaint. 14. — Prior to the institution of this lawsuit, Defendant received a written demand for full payment under the policy submitted by you or on behalf of the Plaintiffs for the subject loss. 15. Prior to the date of filing this lawsuit, Defendant did not request of Plaintiffs, in writing, that Plaintiffs submit to an examination under oath for the alleged loss described in the Complaint.16. Prior to the date of the filing of this lawsuit, Plaintiffs and/or their agent(s) sent to Defendant, Plaintiffs’ signed sworn proof of loss for the alleged loss described in the Complaint. 17. Prior to the date of the filing of this lawsuit, that one or more of the Defendant's agents and/or adjusters or employees were showed, or visited, or inspected the alleged damaged property described in the Complaint. 18. Defendant does not have any written document evidencing that the entire insurance policy described in the Complaint was delivered to the Plaintiffs. 19. Defendant did not deliver a copy of the entire insurance policy described in the Complaint prior to the filing of this lawsuit. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing was served via email delivery, upon: SERIC J. FALLON, ESQUIRE Gulfstream Property & Casualty Ins. Co., Attorneys for Defendant, 1401 NW 136'" Avenue, Suite 200, Sunrise, FL 33323 on this 1% day of December, 2020. The Glassman Legal Group Attorneys for Plaintiffs 2200 N. Commerce Parkway, Ste. 105 Fort Lauderdale, Florida 33326 Telephone No.: (954) 915-8800 Facsimile: (954) 915-8900 Email: lee@leeglassman.com By: /s/ Monica E. McWilliams LEE D. GLASSMAN, ESQ. FLORIDA BAR NO.: 0999954 MONICA E MCWILLIAMS, ESQ. FLORIDA BAR NO.: 105385