On January 04, 2018 a
Answer
was filed
involving a dispute between
1St Step Restoration Llc,
and
Geovera Specialty Insurance Company,
for CC Property Insurance Claims >$5k < $15k
in the District Court of Broward County.
Preview
Filing # 67194691 E-Filed 01/29/2018 03:17:36 PM
IN THE COUNTY COURT IN AND FOR
BROWARD COUNTY, FLOIRDA
CASE NO.: COCE 18-000365
IST STEP RESTORATION, LLC a/a/o
JOSE MOYA AND ANA MOYA,,
Plaintiffs,
vs.
GEOVERA SPECIALTY INSURANCE
COMPANY,
Defendant.
/
GEOVERA’S ANSWER AND AFFIRMATIVE DEFENSES
Defendant, GEOVERA SPECIALTY INSURANCE COMPANY, (“GeoVera”),
responds to the Complaint for Damages filed by the Plaintiffs 1* STEP RESTORATION, LLC
a/alo JOSE MOYA AND ANA MOYA, as follows
ANSWER
1, Without knowledge and therefore denied.
2. Admitted that GeoVera issues policies of insurance in Florida pursuant to
Florida’s Surplus Lines Law, Fla. Stat. §§626,913-626.937.
3. Admitted that GeoVera issues policies of insurance in Florida pursuant to
Florida’s Surplus Lines Law, Fla. Stat. §§626,913-626.937
4. Admitted.
5. GeoVera admits to the issuance of a policy of insurance to Jose and Ana Moya
whose property is located at 4014 Johnson Street, Hollywood, FL 33021. The remaining
allegations of Paragraph 5 are denied.
301089495v1 1005368
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 1/29/2018 3:17:36 PM.****6.
GeoVera avers that the subject policy of insurance speaks for itself. The
remaining allegations of Paragraph 6 are denied.
7.
8.
9.
10.
Without knowledge and therefore denied.
Admitted???
Denied.
GeoVera admits to the assignment of Claim No. HL17500704. The remaining
allegations of Paragraph 10 are denied.
ll.
12.
13.
14.
15.
16.
17.
18.
Admitted.
Denied.
Denied..
Denied.
Denied.
Denied.
Without knowledge and therefore denied.
Denied.
WHEREFORE, Defendant, GEOVERA SPECIALTY INSURACE COMPANY
respectfully requests the Court enter judgment in its favor and such further relief as the Court
deems just and proper.
1.
AFFIRMATIVE DEFENSES
The subject policy permits assigning benefits only if all named beneficiaries under
the policy agree in writing. Since the named mortgagee did not agree in writing, the assignment
is invalid and Plaintiffs IS not entitled to benefits.
vv
301089495v1 10053682. The policy limits coverage for damage caused by the long term seepage or leakage
of water ($1,000) and mold, rust or rot ($5,000) per policy. The limitation applies to reasonable
repairs made to protect covered property from further damage. See US 03 55 (05-15). GeoVera
has paid these sums in full; therefore, the policy provides no additional coverage .
3. Plaintiffs’ claim is barred by the Doctrine of Accord and Satisfaction.
4. Plaintiff's claim is barred as Plaintiffs have received payment for its services up to
the limit of coverage provided within the GeoVera policy of insurance.
5. The subject GeoVera policy provides coverage for reasonable repairs “made solely
to protect covered property from further damage, if the peril causing the loss and related
damages is covered.” To the extent Plaintiff is seeking to recover the cost of repairs to covered
property that was damaged by a peril that is not covered under the policy, then Plaintiff is not
entitled to recover damages.
CERTIFICATE OF SERVICE
I CERTIFY that the foregoing document is being served on January 29, 2018 via Florida
Courts eFiling Portal and sent via E-Mail to:
Russell Lazega, Esq.
FLORIDA ADVOCATES
45 East Sheridan Street
Dania Beach, FL 33004
Phone: 754 263-4242
E-Mail: eservi fladvocates.com
essco@ fladvo
om
Attorney for Plaintiffs
301089495v1 1005368HINSHAW & CULBERTSON LLP
s/ Michael T. Tomlin
Michael T. Tomlin
Florida Bar No. 0829854
2525 Ponce de Leon Blvd., 4th Floor
Coral Gables, FL 33134
Telephone: 305-358-7747
Facsimile: 305-577-1063
Primary: mtomlin@hinshawlaw.com
Secondary: clucas@hinshawlaw.com
Attorneys for Defendant GEOVERA
SPECIALTY INSURANCE COMPANY
301089495v1 1005368
Document Filed Date
January 29, 2018
Case Filing Date
January 04, 2018
Category
CC Property Insurance Claims >$5k < $15k
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Filing # 67194691 E-Filed 01/29/2018 03:17:36 PM IN THE COUNTY COURT IN AND FOR BROWARD COUNTY, FLOIRDA CASE NO.: COCE 18-000365 IST STEP RESTORATION, LLC a/a/o JOSE MOYA AND ANA MOYA,, Plaintiffs, vs. GEOVERA SPECIALTY INSURANCE COMPANY, Defendant. / GEOVERA’S ANSWER AND AFFIRMATIVE DEFENSES Defendant, GEOVERA SPECIALTY INSURANCE COMPANY, (“GeoVera”), responds to the Complaint for Damages filed by the Plaintiffs 1* STEP RESTORATION, LLC a/alo JOSE MOYA AND ANA MOYA, as follows ANSWER 1, Without knowledge and therefore denied. 2. Admitted that GeoVera issues policies of insurance in Florida pursuant to Florida’s Surplus Lines Law, Fla. Stat. §§626,913-626.937. 3. Admitted that GeoVera issues policies of insurance in Florida pursuant to Florida’s Surplus Lines Law, Fla. Stat. §§626,913-626.937 4. Admitted. 5. GeoVera admits to the issuance of a policy of insurance to Jose and Ana Moya whose property is located at 4014 Johnson Street, Hollywood, FL 33021. The remaining allegations of Paragraph 5 are denied. 301089495v1 1005368 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 1/29/2018 3:17:36 PM.****6. GeoVera avers that the subject policy of insurance speaks for itself. The remaining allegations of Paragraph 6 are denied. 7. 8. 9. 10. Without knowledge and therefore denied. Admitted??? Denied. GeoVera admits to the assignment of Claim No. HL17500704. The remaining allegations of Paragraph 10 are denied. ll. 12. 13. 14. 15. 16. 17. 18. Admitted. Denied. Denied.. Denied. Denied. Denied. Without knowledge and therefore denied. Denied. WHEREFORE, Defendant, GEOVERA SPECIALTY INSURACE COMPANY respectfully requests the Court enter judgment in its favor and such further relief as the Court deems just and proper. 1. AFFIRMATIVE DEFENSES The subject policy permits assigning benefits only if all named beneficiaries under the policy agree in writing. Since the named mortgagee did not agree in writing, the assignment is invalid and Plaintiffs IS not entitled to benefits. vv 301089495v1 10053682. The policy limits coverage for damage caused by the long term seepage or leakage of water ($1,000) and mold, rust or rot ($5,000) per policy. The limitation applies to reasonable repairs made to protect covered property from further damage. See US 03 55 (05-15). GeoVera has paid these sums in full; therefore, the policy provides no additional coverage . 3. Plaintiffs’ claim is barred by the Doctrine of Accord and Satisfaction. 4. Plaintiff's claim is barred as Plaintiffs have received payment for its services up to the limit of coverage provided within the GeoVera policy of insurance. 5. The subject GeoVera policy provides coverage for reasonable repairs “made solely to protect covered property from further damage, if the peril causing the loss and related damages is covered.” To the extent Plaintiff is seeking to recover the cost of repairs to covered property that was damaged by a peril that is not covered under the policy, then Plaintiff is not entitled to recover damages. CERTIFICATE OF SERVICE I CERTIFY that the foregoing document is being served on January 29, 2018 via Florida Courts eFiling Portal and sent via E-Mail to: Russell Lazega, Esq. FLORIDA ADVOCATES 45 East Sheridan Street Dania Beach, FL 33004 Phone: 754 263-4242 E-Mail: eservi fladvocates.com essco@ fladvo om Attorney for Plaintiffs 301089495v1 1005368HINSHAW & CULBERTSON LLP s/ Michael T. Tomlin Michael T. Tomlin Florida Bar No. 0829854 2525 Ponce de Leon Blvd., 4th Floor Coral Gables, FL 33134 Telephone: 305-358-7747 Facsimile: 305-577-1063 Primary: mtomlin@hinshawlaw.com Secondary: clucas@hinshawlaw.com Attorneys for Defendant GEOVERA SPECIALTY INSURANCE COMPANY 301089495v1 1005368