Document for Ellen Arenberg, et al Plaintiff vs. Auto Club Insurance Company of Florida Defendant

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                                Case Number: CACE-20-017316 Division: 09

Filing # 115197646 E-Filed 10/19/2020 02:36:52 PM

IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA.

CASE NO.:

ELLEN ARENBERG and
SCOTT ARENBERG,

v.

Plaintiffs,

AUTO CLUB INSURANCE COMPANY
OF FLORIDA,

Defendant
/

PLAINTIFFS’ REQU FOR ADMISSIONS TO DEFENDANT

Plaintiffs, ELLEN ARENBERG and SCOTT ARENBERG, by and through the

undersigned counsel, and pursuant to Rule 1.370, Florida Rules of Civil Procedure, propounds this

Request for Admissions to Defendant, AUTO CLUB INSURANCE COMPANY OF FLORIDA, to

admit the truth of the following statements:

1.

2.

That Defendant issued Policy No. FHP0062738 to Plaintiffs.

That on or about September 10, 2017, while the policy was in full force and effect,
Plaintiffs were the owner of the property located at 412 Mallard Road, Weston, Florida
33327.

That the policy issued under Policy No. FHP0062738 provides insurance coverage
against a loss occurring on the Plaintiffs’ property.

That the policy issued under Policy No. FHP0062738 was in full force and effect on the
date of loss.

That all premiums required for the purchase of the Policy were paid.

*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/19/2020 02:36:49 PM.****6. That Defendant failed to provide a true copy of the full insurance policy prior to the date
of loss.

7. That Defendant has waived the post loss requirements in the Policy.

8. That Plaintiffs made a claim for the loss at the insured property under Policy No.
FHP0062738.

9. That all of the Defendant’s representatives who adjusted the Plaintiffs’ claim were agents
of the Defendant and acted within the scope and course of their agency.

10. That Defendant arranged for the claim to be adjusted by sending an adjuster to inspect
and estimate the damages to the Plaintiffs’ property.

11. That Defendant did not pay the full amount of the loss prior to the suit being filed.

12. That Plaintiffs gave timely notice to Defendant of the loss.

13. That Defendant disagrees as to the amount of Plaintiffs’ estimate of damages to the
insured property.

14. That Defendant rejected the amount of Plaintiffs’ estimate of damages to the insured
property.

15. That Plaintiffs satisfied all conditions precedent to recover the damages sought in this
action.

16. That Plaintiffs have satisfied all policy obligations to be entitled to recover under Policy

No. FHP0062738.

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served upon the

Defendant in this action along with the Complaint.

By:/s/Jesse N. Bernheim
JESSE N. BERNHEIM, ESQ.
FBN: 525421

BERNHEIM KELLEY BATTISTA & BLISS, LLC
Attorneys for Plaintiffs

P.O. Box 290787

Ft. Lauderdale, FL 33329
Telephone: (954) 866-1111
Facsimile: (954) 252-4532
JBernheim@bkbblaw.com
PCService3@bkbblaw.com