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Case Number: 15-011058-SC
Filing # 35962471 E-Filed 12/29/2015 10:49:01 AM
IN THE COUNTY COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PINELLAS COUNTY, FLORIDA
SMALL CLAIMS
TOWER IMAGING, INC.,
AS ASSIGNEE OF LAWRENCE POLLIN,
VS.
Plaintiff, CASE NO.:
AUTO-OWNERS INSURANCE COMPANY,
Defendant.
/
To:
REQUEST FOR ADMISSIONS
Auto-Owners Insurance Company
C/o Insurance Commissioner
Department of Financial Services
200 East Gaines St.
Tallahassee, FL 32399
The Plaintiff, Tower Imaging, Inc., As Assignee Of Lawrence Pollin, by and through its
undersigned attorney, propounds to the Defendant, Auto-Owners Insurance Company, the
following Request for Admissions pursuant to Rule 1.370, Florida Rules of Civil Procedure and
requests that the above named Defendant, admits on or before thirty (30) days from the date of
the service thereon, under oath; for the purposes of this action only, that each of the following
statements is true:
1.
2.
That the Defendant has been properly named in the Complaint herein.
That the Court has jurisdiction over the parties hereto and the subject matter hereof.
That the Defendant is licensed to do business in the State of Florida.
That the Defendant is in the business of underwriting insurance.
***ELECTRONICALLY FILED 12/29/2015 10:49:00 AM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***10.
11.
12.
13.
Admit the Defendant issued a policy of automobile insurance that provided medical
payments coverage and personal injury protection benefits, which comply with Florida
Statute §627.736, Florida Statutes that provide coverage to the Plaintiff's alleged assignor
as plead in Plaintiff's Complaint.
That on or about 9/29/2014, Lawrence Pollin, was covered by an automobile insurance
policy issued by the Defendant.
That the Defendant, under said automobile insurance policy, insured Lawrence Pollin, for
personal injury protection coverage.
That on or about 9/29/2014, the injured party, Lawrence Pollin, was involved in an
automobile accident.
That Lawrence Pollin sustained injuries as a result of the automobile accident on or about
9/29/2014.
That the Defendant was duly notified of Lawrence Pollin’s injuries.
That the Plaintiff and Lawrence Pollin, have complied with all conditions precedent under
the terms of the POLICY and the Florida Statutes, in order to be entitled to personal injury
protection coverage.
That the Defendant has failed and/or refused to pay to, or on behalf of, the injured party,
Lawrence Pollin, the sums due and owing to the Plaintiff, under this POLICY.
Admit the amount stated at issue in Plaintiff's Complaint consists of charges which were
billed to the Defendant, which the Defendant failed to pay and required to pay under
Florida Statute §627.736.14.
15.
16.
17.
18.
That because of the Defendant’s failure and/or refusal to pay the sums due under the
POLICY, Plaintiff has incurred attorney’s fees and costs in its efforts to collect these sums
due.
Admit that according to Florida Statute §627.736 and Florida Case Law supporting same,
Defendant has been burdened to authenticate the claim within the statutory time period.
That Defendant failed to pay some of all of the bills received from Plaintiff within 30 days
after they were received.
That Plaintiff is entitled to a multiplier of its reasonable attorney’s fees in the event
Plaintiff prevails in this matter.
That Defendant has refused to escrow any benefits for this claim despite being requested to
do so.CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by
service of process this 29th day of December, 2015, to the above-named addressee.
/s/ C. Spencer Petty
C. Spencer Petty, Esq.
FBN: 051396
IRVIN & PETTY, P.A.
111 Second Ave. NE, Suite 630
St. Petersburg, FL 33701
Phone: (727) 350-7770
Designated service e-mail:
Therese@irvinandpetty.com
Attorney for Plaintiff
Preview
Case Number: 15-011058-SC Filing # 35962471 E-Filed 12/29/2015 10:49:01 AM IN THE COUNTY COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA SMALL CLAIMS TOWER IMAGING, INC., AS ASSIGNEE OF LAWRENCE POLLIN, VS. Plaintiff, CASE NO.: AUTO-OWNERS INSURANCE COMPANY, Defendant. / To: REQUEST FOR ADMISSIONS Auto-Owners Insurance Company C/o Insurance Commissioner Department of Financial Services 200 East Gaines St. Tallahassee, FL 32399 The Plaintiff, Tower Imaging, Inc., As Assignee Of Lawrence Pollin, by and through its undersigned attorney, propounds to the Defendant, Auto-Owners Insurance Company, the following Request for Admissions pursuant to Rule 1.370, Florida Rules of Civil Procedure and requests that the above named Defendant, admits on or before thirty (30) days from the date of the service thereon, under oath; for the purposes of this action only, that each of the following statements is true: 1. 2. That the Defendant has been properly named in the Complaint herein. That the Court has jurisdiction over the parties hereto and the subject matter hereof. That the Defendant is licensed to do business in the State of Florida. That the Defendant is in the business of underwriting insurance. ***ELECTRONICALLY FILED 12/29/2015 10:49:00 AM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***10. 11. 12. 13. Admit the Defendant issued a policy of automobile insurance that provided medical payments coverage and personal injury protection benefits, which comply with Florida Statute §627.736, Florida Statutes that provide coverage to the Plaintiff's alleged assignor as plead in Plaintiff's Complaint. That on or about 9/29/2014, Lawrence Pollin, was covered by an automobile insurance policy issued by the Defendant. That the Defendant, under said automobile insurance policy, insured Lawrence Pollin, for personal injury protection coverage. That on or about 9/29/2014, the injured party, Lawrence Pollin, was involved in an automobile accident. That Lawrence Pollin sustained injuries as a result of the automobile accident on or about 9/29/2014. That the Defendant was duly notified of Lawrence Pollin’s injuries. That the Plaintiff and Lawrence Pollin, have complied with all conditions precedent under the terms of the POLICY and the Florida Statutes, in order to be entitled to personal injury protection coverage. That the Defendant has failed and/or refused to pay to, or on behalf of, the injured party, Lawrence Pollin, the sums due and owing to the Plaintiff, under this POLICY. Admit the amount stated at issue in Plaintiff's Complaint consists of charges which were billed to the Defendant, which the Defendant failed to pay and required to pay under Florida Statute §627.736.14. 15. 16. 17. 18. That because of the Defendant’s failure and/or refusal to pay the sums due under the POLICY, Plaintiff has incurred attorney’s fees and costs in its efforts to collect these sums due. Admit that according to Florida Statute §627.736 and Florida Case Law supporting same, Defendant has been burdened to authenticate the claim within the statutory time period. That Defendant failed to pay some of all of the bills received from Plaintiff within 30 days after they were received. That Plaintiff is entitled to a multiplier of its reasonable attorney’s fees in the event Plaintiff prevails in this matter. That Defendant has refused to escrow any benefits for this claim despite being requested to do so.CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by service of process this 29th day of December, 2015, to the above-named addressee. /s/ C. Spencer Petty C. Spencer Petty, Esq. FBN: 051396 IRVIN & PETTY, P.A. 111 Second Ave. NE, Suite 630 St. Petersburg, FL 33701 Phone: (727) 350-7770 Designated service e-mail: Therese@irvinandpetty.com Attorney for Plaintiff