On January 04, 2018 a
Party Discovery
was filed
involving a dispute between
Blue Star Restoration Inc,
and
Liberty Mutual Fire Insurance Company,
for CC Property Insurance Claims >$5k < $15k
in the District Court of Broward County.
Preview
Filing # 68710547 E-Filed 03/02/2018 11:58:09 AM
IN THE COUNTY COURT IN AND FOR
BROWARD COUNTY, FLORIDA.
CASE NO.: 18 362 COCE 49
BLUE STAR RESTORATION, INC.., a Florida
Corporation (assignee of Pulliam, Roberta)
Plaintiff,
v.
LIBERTY MUTUAL FIRE INSURANCE
COMPANY,
Defendant.
/
PLAINTIFF'S INITIAL REQUEST FOR ADMISSIONS
Plaintiff, BLUE STAR RESTORATION, INC. (assignee of Pulliam, Roberta), by and
through its undersigned counsel, and pursuant to Rule 1.370 Fla.R.Civ.Pro., requests that
Defendant admit the truth of the following matters and the genuineness of the documents
described in the request:
Definitions:
“Assignor” as used in this Request for Admissions shall mean “the named insured(s)
under the Defendant's policy of insurance for the loss in question for this case”
1. On 9/16/2017, the Assignor had a homeowner’s insurance policy with Defendant
that was in full force and effect.
2. On 9/16/2017, the homeowner’s insurance policy issued by the Defendant to the
Assignor provided coverage for the property where this loss occurred.
3. On 9/16/2017, the insured property suffered a loss which was covered under the
terms of the homeowner’s insurance policy issued by the Defendant. (hereinafter referred to a
“subject loss’).
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 3/2/2018 11:58:09 AM.****4. Defendant received notification of the loss at issue in this case within 10 days of
date of loss.
5. Defendant received timely notification of the loss at issue in this case.
6. The contractual and statutory conditions precedent were complied with prior to
filing this lawsuit.
7. The Defendant is correctly named in the complaint.
8. Jurisdiction and venue are proper in the County Court of BROWARD Florida.
9. Defendant has possession of a copy of the insurance policy which is the subject of
this breach of contract action.
10. Neither the Assignor nor the Plaintiff had any involvement in the drafting of the
insurance policy issued by the Defendant that is subject of this breach of contract action.
11. Plaintiff has standing to bring this action.
12. Neither Assignor nor Plaintiff obstructed Defendant’s investigation of this claim.
13. There are no coverage defenses as to the subject loss.
14. Defendant has made no claim benefit payments for damage sustained as a result
of the subject loss.
15. Defendant received notice of the loss and amount of loss within 30 days of the
date of loss.
16. Defendant did not issue payment of all amounts claimed by Plaintiff within 90
days of receiving the proof of loss for this claim.
17. Prior to the filing of this lawsuit, Defendant had issued no written denial or
written explanation delineating the basis for the Defendant’s failure to issue the full amount
claimed by Plaintiff in this case.18. In the Defendant’s investigation and/or adjustment of the subject loss, the
Defendant’s employees and/or agents failed to provide a Homeowner Claims Bill of Rights to
the Assignor and Plaintiff within 14 days from the notice of the subject loss as required by F.S. §
627.7142.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing document has been
furnished electronically to Michael F. Lenhardt, Esq., Burks S. Smith III, Esq., Traub Lieberman
Strauss & Shrewsberry LLP, PO Box 3942, fipleadings @traublieberman.com;
jkinchen @traublieberman.com via Florida Courts E-Filing Portal on March 2, 2018.
Respectfully Submitted,
FLORIDA ADVOCATES
Attorneys for Plaintiff
45 East Sheridan Street
Dania Beach, Florida 33004
Ph: (754) 263-4252
Designated: eservice@fladvocates.com
By:__/s/ Russel Lazega
Florida Bar No.: 091588
Document Filed Date
March 02, 2018
Case Filing Date
January 04, 2018
Category
CC Property Insurance Claims >$5k < $15k
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
Filing # 68710547 E-Filed 03/02/2018 11:58:09 AM IN THE COUNTY COURT IN AND FOR BROWARD COUNTY, FLORIDA. CASE NO.: 18 362 COCE 49 BLUE STAR RESTORATION, INC.., a Florida Corporation (assignee of Pulliam, Roberta) Plaintiff, v. LIBERTY MUTUAL FIRE INSURANCE COMPANY, Defendant. / PLAINTIFF'S INITIAL REQUEST FOR ADMISSIONS Plaintiff, BLUE STAR RESTORATION, INC. (assignee of Pulliam, Roberta), by and through its undersigned counsel, and pursuant to Rule 1.370 Fla.R.Civ.Pro., requests that Defendant admit the truth of the following matters and the genuineness of the documents described in the request: Definitions: “Assignor” as used in this Request for Admissions shall mean “the named insured(s) under the Defendant's policy of insurance for the loss in question for this case” 1. On 9/16/2017, the Assignor had a homeowner’s insurance policy with Defendant that was in full force and effect. 2. On 9/16/2017, the homeowner’s insurance policy issued by the Defendant to the Assignor provided coverage for the property where this loss occurred. 3. On 9/16/2017, the insured property suffered a loss which was covered under the terms of the homeowner’s insurance policy issued by the Defendant. (hereinafter referred to a “subject loss’). *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 3/2/2018 11:58:09 AM.****4. Defendant received notification of the loss at issue in this case within 10 days of date of loss. 5. Defendant received timely notification of the loss at issue in this case. 6. The contractual and statutory conditions precedent were complied with prior to filing this lawsuit. 7. The Defendant is correctly named in the complaint. 8. Jurisdiction and venue are proper in the County Court of BROWARD Florida. 9. Defendant has possession of a copy of the insurance policy which is the subject of this breach of contract action. 10. Neither the Assignor nor the Plaintiff had any involvement in the drafting of the insurance policy issued by the Defendant that is subject of this breach of contract action. 11. Plaintiff has standing to bring this action. 12. Neither Assignor nor Plaintiff obstructed Defendant’s investigation of this claim. 13. There are no coverage defenses as to the subject loss. 14. Defendant has made no claim benefit payments for damage sustained as a result of the subject loss. 15. Defendant received notice of the loss and amount of loss within 30 days of the date of loss. 16. Defendant did not issue payment of all amounts claimed by Plaintiff within 90 days of receiving the proof of loss for this claim. 17. Prior to the filing of this lawsuit, Defendant had issued no written denial or written explanation delineating the basis for the Defendant’s failure to issue the full amount claimed by Plaintiff in this case.18. In the Defendant’s investigation and/or adjustment of the subject loss, the Defendant’s employees and/or agents failed to provide a Homeowner Claims Bill of Rights to the Assignor and Plaintiff within 14 days from the notice of the subject loss as required by F.S. § 627.7142. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing document has been furnished electronically to Michael F. Lenhardt, Esq., Burks S. Smith III, Esq., Traub Lieberman Strauss & Shrewsberry LLP, PO Box 3942, fipleadings @traublieberman.com; jkinchen @traublieberman.com via Florida Courts E-Filing Portal on March 2, 2018. Respectfully Submitted, FLORIDA ADVOCATES Attorneys for Plaintiff 45 East Sheridan Street Dania Beach, Florida 33004 Ph: (754) 263-4252 Designated: eservice@fladvocates.com By:__/s/ Russel Lazega Florida Bar No.: 091588