On December 04, 2019 a
Party Discovery
was filed
involving a dispute between
Carr, Jamie,
Carr, Jennifer,
and
Gulfstream Property & Casualty Insurance Company,
for INSURANCE CLAIM
in the District Court of Bay County.
Preview
Filing # 104643032 E-Filed 03/10/2020 02:43:09 PM
IN THE CIRCUIT COURT OF THE
14™ JUDICIAL CIRCUIT IN AND
FOR BAY COUNTY, FLORIDA
CASE NO.: 19004412CA
JAMIE AND JENNIFER CARR,
Plaintiffs,
v.
GULFSTREAM PROPERTY & CASUALTY
INSURANCE COMPANY
Defendant.
/
DEFENDANT'S RESPONSE TO PLAINTIFFS' REQUEST FOR ADMISSIONS
COMES NOW, the Defendant, GULFSTREAM PROPERTY AND CASUALTY
INSURANCE COMPANY, by and through its undersigned counsel, and responds to
Plaintiffs’, JAMIE and JENNIFER CARR Request for Admissions, certificate of service
date December 26, 2019, as follows:
1. At all times material to the Complaint filed herein, Defendant was and is a
Florida insurance corporation duly licensed to transact the business of insurance in Bay
County, Florida.
RESPONSE: Adnmitted.
2. Defendant maintains agents in Bay County, Florida for the transaction of
its customary business.
RESPONSE: Admitted.
3. Venue lies in Bay County, Florida, for this action.RESPONSE: Adnmitted.
4. That all of the Defendant's representatives that adjusted the Plaintiffs [sic]
claim(s) were agents of the Defendant and acted within the scope and course of their
agency.
RESPONSE: Adnmitted.
5. The above styled Court, in and for Bay County, Florida, has jurisdiction
over the action of the Plaintiffs against the Defendant.
RESPONSE: Adnmitted.
6. The Policy Defendant issued under Policy Number FLHP0006123
provides insurance coverage as alleged in the Complaint occurring on the Plaintiffs’
premises.
RESPONSE: Admitted.
7. On the date of the loss, October 10, 2018, Plaintiffs were the owners of
the premises located at 1801 New Hampshire Avenue, Lynn Haven, FL 32444.
RESPONSE: Admitted.
8. That Plaintiffs gave timely notice to Defendant of the loss.
RESPONSE: Admitted.
9. The Defendant has not been prejudiced in the reporting of the claim by the
insured.
RESPONSE: Admitted.10. That Plaintiffs fulfilled all conditions precedent and post loss conditions to
be entitled to coverage under said Policy.
RESPONSE: Denied.
11. That Plaintiffs have satisfied all policy obligations to be entitled to recover
under the Policy.
RESPONSE: Denied.
12. Shortly after the date Plaintiffs suffered their loss, Defendant was
furnished with written notice of the claims and Defendant has not been prejudiced in any
way regarding notice of the claims.
RESPONSE: Denied.
13. That Defendant arranged for the claim to be adjusted by sending an
adjuster to inspect and estimate the damages to the Plaintiffs’ property.
RESPONSE: Admitted.
14. That the Defendant agrees that the cause of the loss IS covered under the
Defendant's insurance policy.
RESPONSE: Denied.
15. That Defendant did not pay the insureds for dwelling losses, prior to the
suit being filed.
RESPONSE: Denied.16. That Defendant disagrees as to the amount of Plaintiffs’ estimate of
damages to the insured property.
RESPONSE: Adnmitted.
17. That the insurance policy referenced in the Complaint was in effect and
provides coverage during the loss date referenced in the Complaint.
RESPONSE: Adnmitted.
18. That the Plaintiffs’ property was damaged due to a peril covered in the
Insurance Policy.
RESPONSE: Denied.
19. That the Defendant never advised the Plaintiffs in writing of her [sic] right
to mediation in violation of Florida Statute § 627.7015(7).
RESPONSE: Denied.
20. That the Defendant refused to send the Plaintiffs a copy of the Insurance
Policy in response to the insured's request.
RESPONSE: Denied.
21. That the Defendant has waived the policy post loss requirements and all
conditions precedent.
RESPONSE: Denied.
22. That all premiums required for purchase of the policy were paid.
RESPONSE: Admitted.23. That the insured has made no material misrepresentation in the
application of insurance.
RESPONSE: Adnmitted.
24. That the insureds have not made any false statements or engaged m [sic]
any concealment in this claim.
RESPONSE: Admitted.
25. That the Defendant has not paid overhead and profit under claim number
GP18202170.
RESPONSE: Admitted.
26. That the adjuster Defendant had inspected the insured property for claim
number GP18202170 is not licensed in Florida.
RESPONSE: Denied.
27. That the Defendant does not know the credentials of any adjuster who
inspected the insured property for claim number GP18202170.
RESPONSE: Denied.
28. That the Defendant did not have a contractor inspect Plaintiffs’ property for
claim number GP18202170 prior to the initiation of this lawsuit.
RESPONSE: Adnmitted.29. That the Defendant did not have a general contractor inspect Plaintiffs’
property for claim number GP18202170 prior to the initiation of this lawsuit.
RESPONSE: Adnmitted.
30. That the Defendant did not have a roofer examine Plaintiffs’ property for
claim number GP18202170 prior to the initiation of this lawsuit.
RESPONSE: Admitted.
31. That anyone who inspected Plaintiffs’ property for claim number
GP18202170 on Defendant’s behalf did not have any type of construction license.
RESPONSE: Denied.
32. That the individual who prepared the inspection report Defendant relied
upon for claim number GP18202170 does not have the necessary licenses to perform
the work that they prepared an estimate for.
RESPONSE: Denied.BUTLER WEIHMULLER KATZ CRAIG LLP
ov. Qh
KATHY J. MAUS, ESQ.
Florida Bar No.: 0896330
kmaus@butler.legal
JULIUS F. PARKER, Ill, ESQ.
Florida Bar No.: 0160857
jparker@butler.legal
Secondary: apinnock@butler.legal
Mail Center: 400 North Ashley Drive, Suite 2300
Tampa, FL 33602
Telephone: (850) 894-4111
Facsimile: (850) 894-4999
Counsel for Defendant, Gulfstream Property and
Casualty Insurance Company
CERTIFICATE OF SERVICE
| certify that a copy hereof has been furnished to:
Scott M. Rosso, Esq.
David R. Shaheen, Esq.
GED Lawyers, LLP
7171 North Federal Highway
Boca Raton, FL 33487
pdlitlaw@gedlawyers.com
Secondary: bluque@gedlawyers.com
Counsel for Plaintiffs
by e-Portal and e-Service on March 10, 2020.
ove. Chess
JULIUS F. PARKER, Ill, ESQ.
Document Filed Date
March 10, 2020
Case Filing Date
December 04, 2019
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Filing # 104643032 E-Filed 03/10/2020 02:43:09 PM IN THE CIRCUIT COURT OF THE 14™ JUDICIAL CIRCUIT IN AND FOR BAY COUNTY, FLORIDA CASE NO.: 19004412CA JAMIE AND JENNIFER CARR, Plaintiffs, v. GULFSTREAM PROPERTY & CASUALTY INSURANCE COMPANY Defendant. / DEFENDANT'S RESPONSE TO PLAINTIFFS' REQUEST FOR ADMISSIONS COMES NOW, the Defendant, GULFSTREAM PROPERTY AND CASUALTY INSURANCE COMPANY, by and through its undersigned counsel, and responds to Plaintiffs’, JAMIE and JENNIFER CARR Request for Admissions, certificate of service date December 26, 2019, as follows: 1. At all times material to the Complaint filed herein, Defendant was and is a Florida insurance corporation duly licensed to transact the business of insurance in Bay County, Florida. RESPONSE: Adnmitted. 2. Defendant maintains agents in Bay County, Florida for the transaction of its customary business. RESPONSE: Admitted. 3. Venue lies in Bay County, Florida, for this action.RESPONSE: Adnmitted. 4. That all of the Defendant's representatives that adjusted the Plaintiffs [sic] claim(s) were agents of the Defendant and acted within the scope and course of their agency. RESPONSE: Adnmitted. 5. The above styled Court, in and for Bay County, Florida, has jurisdiction over the action of the Plaintiffs against the Defendant. RESPONSE: Adnmitted. 6. The Policy Defendant issued under Policy Number FLHP0006123 provides insurance coverage as alleged in the Complaint occurring on the Plaintiffs’ premises. RESPONSE: Admitted. 7. On the date of the loss, October 10, 2018, Plaintiffs were the owners of the premises located at 1801 New Hampshire Avenue, Lynn Haven, FL 32444. RESPONSE: Admitted. 8. That Plaintiffs gave timely notice to Defendant of the loss. RESPONSE: Admitted. 9. The Defendant has not been prejudiced in the reporting of the claim by the insured. RESPONSE: Admitted.10. That Plaintiffs fulfilled all conditions precedent and post loss conditions to be entitled to coverage under said Policy. RESPONSE: Denied. 11. That Plaintiffs have satisfied all policy obligations to be entitled to recover under the Policy. RESPONSE: Denied. 12. Shortly after the date Plaintiffs suffered their loss, Defendant was furnished with written notice of the claims and Defendant has not been prejudiced in any way regarding notice of the claims. RESPONSE: Denied. 13. That Defendant arranged for the claim to be adjusted by sending an adjuster to inspect and estimate the damages to the Plaintiffs’ property. RESPONSE: Admitted. 14. That the Defendant agrees that the cause of the loss IS covered under the Defendant's insurance policy. RESPONSE: Denied. 15. That Defendant did not pay the insureds for dwelling losses, prior to the suit being filed. RESPONSE: Denied.16. That Defendant disagrees as to the amount of Plaintiffs’ estimate of damages to the insured property. RESPONSE: Adnmitted. 17. That the insurance policy referenced in the Complaint was in effect and provides coverage during the loss date referenced in the Complaint. RESPONSE: Adnmitted. 18. That the Plaintiffs’ property was damaged due to a peril covered in the Insurance Policy. RESPONSE: Denied. 19. That the Defendant never advised the Plaintiffs in writing of her [sic] right to mediation in violation of Florida Statute § 627.7015(7). RESPONSE: Denied. 20. That the Defendant refused to send the Plaintiffs a copy of the Insurance Policy in response to the insured's request. RESPONSE: Denied. 21. That the Defendant has waived the policy post loss requirements and all conditions precedent. RESPONSE: Denied. 22. That all premiums required for purchase of the policy were paid. RESPONSE: Admitted.23. That the insured has made no material misrepresentation in the application of insurance. RESPONSE: Adnmitted. 24. That the insureds have not made any false statements or engaged m [sic] any concealment in this claim. RESPONSE: Admitted. 25. That the Defendant has not paid overhead and profit under claim number GP18202170. RESPONSE: Admitted. 26. That the adjuster Defendant had inspected the insured property for claim number GP18202170 is not licensed in Florida. RESPONSE: Denied. 27. That the Defendant does not know the credentials of any adjuster who inspected the insured property for claim number GP18202170. RESPONSE: Denied. 28. That the Defendant did not have a contractor inspect Plaintiffs’ property for claim number GP18202170 prior to the initiation of this lawsuit. RESPONSE: Adnmitted.29. That the Defendant did not have a general contractor inspect Plaintiffs’ property for claim number GP18202170 prior to the initiation of this lawsuit. RESPONSE: Adnmitted. 30. That the Defendant did not have a roofer examine Plaintiffs’ property for claim number GP18202170 prior to the initiation of this lawsuit. RESPONSE: Admitted. 31. That anyone who inspected Plaintiffs’ property for claim number GP18202170 on Defendant’s behalf did not have any type of construction license. RESPONSE: Denied. 32. That the individual who prepared the inspection report Defendant relied upon for claim number GP18202170 does not have the necessary licenses to perform the work that they prepared an estimate for. RESPONSE: Denied.BUTLER WEIHMULLER KATZ CRAIG LLP ov. Qh KATHY J. MAUS, ESQ. Florida Bar No.: 0896330 kmaus@butler.legal JULIUS F. PARKER, Ill, ESQ. Florida Bar No.: 0160857 jparker@butler.legal Secondary: apinnock@butler.legal Mail Center: 400 North Ashley Drive, Suite 2300 Tampa, FL 33602 Telephone: (850) 894-4111 Facsimile: (850) 894-4999 Counsel for Defendant, Gulfstream Property and Casualty Insurance Company CERTIFICATE OF SERVICE | certify that a copy hereof has been furnished to: Scott M. Rosso, Esq. David R. Shaheen, Esq. GED Lawyers, LLP 7171 North Federal Highway Boca Raton, FL 33487 pdlitlaw@gedlawyers.com Secondary: bluque@gedlawyers.com Counsel for Plaintiffs by e-Portal and e-Service on March 10, 2020. ove. Chess JULIUS F. PARKER, Ill, ESQ.