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Filing # 134127077 E-Filed 09/07/2021 04:21:11 PM
IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT,
IN AND FOR MIAMI-DADE COUNTY, FLORIDA
MARIE PIERRE CASE NO.:
PLAINTIFF,
v.
UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY
DEFENDANT.
__________________________________/
PLAINTIFF’S FIRST REQUEST FOR ADMISSION TO DEFENDANT
COMES NOW the Plaintiff, MARIE PIERRE (hereinafter referred to as the “Plaintiff”),
through the undersigned attorney, pursuant to Rule 1.370 of the Florida Rules of Civil Procedure,
request that the Defendant, UNIVERSAL PROPERTY & CASUALTY INSURANCE
COMPANY(hereinafter referred to as “(Defendant”), admit the following Requests for
Admissions (found below after the “Instructions” and “Definitions” sections):
INSTRUCTIONS
The requests for Admissions, as separately set forth below, shall be deemed admitted unless, within
forty-five (45) days after service, a sworn written answer or objection addressed to the Requests
is served upon you and filed with the Secretary. If you claim that you cannot admit the Request
based on a lack of knowledge, you are required by Florida law to specifically set forth in detail the
reasons why the Request cannot truthfully be admitted or denied. A denial shall fairly meet the
substance of the Request, so much of it as is true shall be specified, and the remainder shall be
qualified or denied. Lack of information or knowledge shall not be given as a reason for failure to
admit or deny unless a reasonable inquiry that the information known to or readily obtainable in
insufficient to enable an admission or denial. It is not a ground for denial of an Admission that the
Request presents a genuine issue for trial.
DEFINITIONS
(A) “You,” “your” or “your Company” shall mean the Defendant or its subsidiary, related
company, agents or assigns.
(B) The term “and” and “or” are terms of inclusion and not of exclusion and shall be construed
either disjunctively or conjunctively as necessary to bring within the scope of this Request
any document or information that might otherwise be construed to be outside its scope.
(C) The term “any” means each and every and one or more.
(D) “Communicate” or “communication” means every manner or means of disclosure, transfer
or exchange, and every disclosure, transfer or exchange of ideas or information, whether
orally, by document, or electronically, or whether face-to-face, by telephone, mail, personal
delivery, electronic transmission or otherwise.
(E) “Document” shall mean all written or graphic matter, however produced, or reproduced,
of every kind and description in your actual or constructive possession, custody, care or
control, including without limitation, all writings, account letters, account
recommendations, appointment books, books, books of accounts, calendars, CD-ROMs,
charts, computer files, computer printouts, contracts, cost sheets, data compilation from
which information can be obtained or can be translated through detection devices into
reasonably usable form, diaries, drafts, drawings, e-mail, faxes, graphs, hotel charges,
invoices, ledgers, magnetic discs, magnetic strips, magnetic tape, memoranda, microfiche,
microfilm, minutes, notes, optical characters, papers, photographs, punched cards, punched
paper tapes, receipts, recognition characters, reports, sound tapes or recordings, statements,
statistical records, stenographer notebooks, studies, telegraphs, time sheets or logs, video
tapes or recordings, vouchers, weigh tickets, working papers, or any other tangible thing.
(F) “Identify” means to state:
(1) in the case of a person other than a natural person, its name and principal address
and telephone number, its agent for service of process within the State of Florida,
and the address for the agent for service of process in the State of Florida, and if a
trust, the name, address and telephone number of the trustee of the trust;
(2) in the case of a natural person, his or her name. home and business addresses and
telephone numbers, employer, title or position, date of birth and social security
number;
(3) in the case of a communication, its date, type (e.g., telephone conversation, letter,
or meeting), the place where it occurred, the identity of each person who received
the communication or who was present when it was made, and the subject matter
discussed; and
(4) in the case of a document, either (i) the title of the document, the author’s identity,
the addressee’s identity, the type and subject matter of the document, the date it
was prepared, and the number of pages it comprises, or (ii) its production number.
(G) “Person” includes any natural person, corporate entity, partnership, association, joint
venture, government entity or trust, and any other business or legal entity.
(H) “Relating to” means in whole or in part constituting, containing, concerning, discussions,
commenting upon, describing, analyzing, identifying, stating, pertaining to, referring to, or
forming the basis of.
(I) All references to the singular include the plural and vice versa.
(J) The present tense shall be construed to include the past tense and the past tense shall be
construed to include the present tense.
(K) “Insurer” means every Person engaged as indemnitor, surety, or contractor in the business
of entering into contracts of insurance or of annuity.
(L) “Loss” means the event at issue in which the policyholder suffered property damage.
[THIS SPACE INTENTIONALLY LEFT BLANK]
PLAINTIFF’S FIRST REQUEST FOR ADMISSIONS
1. Please admit that on 05/10/2020, the Plaintiff had a property insurance policy with
UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY (hereinafter the “Policy”)
in full force and effect on the property at 18130 NW 9th Ave. Miami FL 33169 (hereinafter the
“Property”).
2. Please admit that the Plaintiff’s Property sustained damage on 05/10/2020.
3. Please admit that the Policy issued by Defendant provided coverage for damage caused to
the Property as a result of water damage.
4. Please admit that the Defendant was timely notified of the water damage to the Property.
5. Please admit that the Plaintiff has complied with all prerequisites to receiving benefits
under the Policy.
6. Please admit that Defendant authored and/or drafted the insurance policy at issue in this
action and that Defendant has a true and correct copy of the subject insurance policy in its
possession.
7. Please admit that Florida and local law is applicable to, and incorporated into, the policy
issued to the Insured.
8. Please admit that Defendant is obligated to pay Plaintiff’s claim in accordance with the
obligations set forth under Florida and local law.
9. Please admit that your claims file and “log notes” for the Plaintiffs were kept in the ordinary
course of business.
10. Please admit that the loss that occurred on or about 05/10/2020 at the Property was a
covered loss under the Policy.
11. Please admit that Defendant has breached the insurance contract subject to this cause of
action by failing to properly pay what is required under said contract.
12. Please admit that the Defendant has not paid any money to repair damages sustained to the
Plaintiff’s Property.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been served
contemporaneous to the filing of the Complaint
By:/s/ William J. Roe .
William J. Roe, Esq.
Florida Bar No.: 85337
Nirav A. Desai, Esq.
Florida Bar No.: 93202
LAW OFFICE OF WILLIAM J. ROE, P.A.
17971 Biscayne Blvd. Ste. 214
Aventura, FL 33160
Office: (786) 332-6323
Fax: (786) 233-9562
Primary Eservice: wjroe@wjroelaw.com
Secondary Eservice: ndesai@wjroelaw.com
Tertiary Eservice: info@wjroelaw.com
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Filing # 134127077 E-Filed 09/07/2021 04:21:11 PM IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA MARIE PIERRE CASE NO.: PLAINTIFF, v. UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY DEFENDANT. __________________________________/ PLAINTIFF’S FIRST REQUEST FOR ADMISSION TO DEFENDANT COMES NOW the Plaintiff, MARIE PIERRE (hereinafter referred to as the “Plaintiff”), through the undersigned attorney, pursuant to Rule 1.370 of the Florida Rules of Civil Procedure, request that the Defendant, UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY(hereinafter referred to as “(Defendant”), admit the following Requests for Admissions (found below after the “Instructions” and “Definitions” sections): INSTRUCTIONS The requests for Admissions, as separately set forth below, shall be deemed admitted unless, within forty-five (45) days after service, a sworn written answer or objection addressed to the Requests is served upon you and filed with the Secretary. If you claim that you cannot admit the Request based on a lack of knowledge, you are required by Florida law to specifically set forth in detail the reasons why the Request cannot truthfully be admitted or denied. A denial shall fairly meet the substance of the Request, so much of it as is true shall be specified, and the remainder shall be qualified or denied. Lack of information or knowledge shall not be given as a reason for failure to admit or deny unless a reasonable inquiry that the information known to or readily obtainable in insufficient to enable an admission or denial. It is not a ground for denial of an Admission that the Request presents a genuine issue for trial. DEFINITIONS (A) “You,” “your” or “your Company” shall mean the Defendant or its subsidiary, related company, agents or assigns. (B) The term “and” and “or” are terms of inclusion and not of exclusion and shall be construed either disjunctively or conjunctively as necessary to bring within the scope of this Request any document or information that might otherwise be construed to be outside its scope. (C) The term “any” means each and every and one or more. (D) “Communicate” or “communication” means every manner or means of disclosure, transfer or exchange, and every disclosure, transfer or exchange of ideas or information, whether orally, by document, or electronically, or whether face-to-face, by telephone, mail, personal delivery, electronic transmission or otherwise. (E) “Document” shall mean all written or graphic matter, however produced, or reproduced, of every kind and description in your actual or constructive possession, custody, care or control, including without limitation, all writings, account letters, account recommendations, appointment books, books, books of accounts, calendars, CD-ROMs, charts, computer files, computer printouts, contracts, cost sheets, data compilation from which information can be obtained or can be translated through detection devices into reasonably usable form, diaries, drafts, drawings, e-mail, faxes, graphs, hotel charges, invoices, ledgers, magnetic discs, magnetic strips, magnetic tape, memoranda, microfiche, microfilm, minutes, notes, optical characters, papers, photographs, punched cards, punched paper tapes, receipts, recognition characters, reports, sound tapes or recordings, statements, statistical records, stenographer notebooks, studies, telegraphs, time sheets or logs, video tapes or recordings, vouchers, weigh tickets, working papers, or any other tangible thing. (F) “Identify” means to state: (1) in the case of a person other than a natural person, its name and principal address and telephone number, its agent for service of process within the State of Florida, and the address for the agent for service of process in the State of Florida, and if a trust, the name, address and telephone number of the trustee of the trust; (2) in the case of a natural person, his or her name. home and business addresses and telephone numbers, employer, title or position, date of birth and social security number; (3) in the case of a communication, its date, type (e.g., telephone conversation, letter, or meeting), the place where it occurred, the identity of each person who received the communication or who was present when it was made, and the subject matter discussed; and (4) in the case of a document, either (i) the title of the document, the author’s identity, the addressee’s identity, the type and subject matter of the document, the date it was prepared, and the number of pages it comprises, or (ii) its production number. (G) “Person” includes any natural person, corporate entity, partnership, association, joint venture, government entity or trust, and any other business or legal entity. (H) “Relating to” means in whole or in part constituting, containing, concerning, discussions, commenting upon, describing, analyzing, identifying, stating, pertaining to, referring to, or forming the basis of. (I) All references to the singular include the plural and vice versa. (J) The present tense shall be construed to include the past tense and the past tense shall be construed to include the present tense. (K) “Insurer” means every Person engaged as indemnitor, surety, or contractor in the business of entering into contracts of insurance or of annuity. (L) “Loss” means the event at issue in which the policyholder suffered property damage. [THIS SPACE INTENTIONALLY LEFT BLANK] PLAINTIFF’S FIRST REQUEST FOR ADMISSIONS 1. Please admit that on 05/10/2020, the Plaintiff had a property insurance policy with UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY (hereinafter the “Policy”) in full force and effect on the property at 18130 NW 9th Ave. Miami FL 33169 (hereinafter the “Property”). 2. Please admit that the Plaintiff’s Property sustained damage on 05/10/2020. 3. Please admit that the Policy issued by Defendant provided coverage for damage caused to the Property as a result of water damage. 4. Please admit that the Defendant was timely notified of the water damage to the Property. 5. Please admit that the Plaintiff has complied with all prerequisites to receiving benefits under the Policy. 6. Please admit that Defendant authored and/or drafted the insurance policy at issue in this action and that Defendant has a true and correct copy of the subject insurance policy in its possession. 7. Please admit that Florida and local law is applicable to, and incorporated into, the policy issued to the Insured. 8. Please admit that Defendant is obligated to pay Plaintiff’s claim in accordance with the obligations set forth under Florida and local law. 9. Please admit that your claims file and “log notes” for the Plaintiffs were kept in the ordinary course of business. 10. Please admit that the loss that occurred on or about 05/10/2020 at the Property was a covered loss under the Policy. 11. Please admit that Defendant has breached the insurance contract subject to this cause of action by failing to properly pay what is required under said contract. 12. Please admit that the Defendant has not paid any money to repair damages sustained to the Plaintiff’s Property. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been served contemporaneous to the filing of the Complaint By:/s/ William J. Roe . William J. Roe, Esq. Florida Bar No.: 85337 Nirav A. Desai, Esq. Florida Bar No.: 93202 LAW OFFICE OF WILLIAM J. ROE, P.A. 17971 Biscayne Blvd. Ste. 214 Aventura, FL 33160 Office: (786) 332-6323 Fax: (786) 233-9562 Primary Eservice: wjroe@wjroelaw.com Secondary Eservice: ndesai@wjroelaw.com Tertiary Eservice: info@wjroelaw.com