On December 16, 2019 a
Party Discovery
was filed
involving a dispute between
Union Restoration Inc,
and
Edison Insurance Company,
for INSURANCE CLAIM
in the District Court of Bay County.
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Filing # 108802788 E-Filed 06/12/2020 02:46:24 PM
1938103
IN THE CIRCUIT COURT OF THE 14TH JUDICIAL
CIRCUIT IN AND FOR BAY COUNTY, FLORIDA
CASE NO. 19004524CA
UNION RESTORATION, INC., a/a/o RAQUEL
ESTRADA,
Plaintiff,
v.
EDISON INSURANCE COMPANY,
Defendant.
/
RESPONSE TO REQUEST FOR ADMISSIONS
Defendant, EDISON INSURANCE COMPANY, by and through the undersigned
attorneys, responds to the Request for Admissions filed by the Plaintiff, UNION
RESTORATION, INC., a/a/o RAQUEL ESTRADA, as follows:
1. Admit that on October 10, 2018, the Insured, Raquel Estrada, had a
property insurance policy with the Defendant in full force and effect on the property at 106
Kacy Lane, Panama City, Florida 32404.
RESPONSE: Admitted that policy EDH4041866-01 was in effect on October
10, 2018.
2. Admit that the above insurance policy provided coverage to Insured for
damage caused to the property as a result of Hurricane Michael.
RESPONSE: Admitted that policy EDH4041866-01 provided coverage for
hurricane-related property damage, subject to the terms and provisions of said
policy.CASE NO. 19004524CA
3. Admit that the property damage loss was covered under the policy issued
by Defendant to the Insured.
RESPONSE: Admitted that the property suffered some hurricane-related
damage that was covered under the policy. Otherwise, denied.
4. Admit that the Defendant was timely notified of the damage to the above
property.
RESPONSE: Admitted that the homeowner timely reported the initial claim
on or about October 11, 2018, otherwise denied.
5. Admit that Defendant received Plaintiff's Assignment of Benefits and Invoice
for payment.
RESPONSE: Admitted.
6. Admit that the Plaintiff is the assignee under the insurance policy.
RESPONSE: Denied. Plaintiff would be an assignee through a validly
executed Assignment of Benefits, not the insurance policy itself.
7. Admit that the insured assigned its insurance benefits to the Plaintiff through
the Assignment of Benefits form.
RESPONSE: Admitted that Plaintiff purports to have a valid Assignment of
Benefits. Denied insofar as the Defendant cannot authenticate the signature or
determine the validity of the assignment.
8. Admit that the signature on the Assignment of Benefits is that of the Insured
or the Insured’s authorized representative.CASE NO. 19004524CA
RESPONSE: Admitted that Plaintiff purports to have a valid Assignment of
Benefits. Denied insofar as the Defendant cannot authenticate the signature or
determine the validity of the assignment
9. Admit that the Plaintiff has complied with all prerequisites to receiving
benefits under the above policy.
RESPONSE: Denied.
10. Admit that the above named Defendant is properly named in this action.
RESPONSE: Admitted.
11. Admit that jurisdiction and venue are proper in Bay County, Florida.
RESPONSE: Admitted
12. Admit that the Defendant authored and/or drafted the insurance policy at
issue in this action, and Defendant has a true and correct copy of the subject insurance
policy in its possession.
RESPONSE: Admitted
13. Admit that Defendant's adjuster who worked on this claim did so in
accordance with Fla. Stat. § 626.878.
RESPONSE: Admitted
14. Admit that any payment issued on this claim was in accordance with the
terms of the insurance policy at issue in this case.
RESPONSE: Admitted
15. Admit that the third party company which drafted an estimate that the
Defendant relied upon in making payment on the water damage claim has a preferred
vendor agreement with the Defendant.CASE NO. 19004524CA
RESPONSE: Objection. Upon reasonable investigation, Defendant is unable
to admit or deny. The term “third party company” is ambiguous and vague.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a copy hereof has been furnished by service through the
eportal to Larry Moskowitz, Esq., Larry Moskowitz, P.A., 400 Southeast 9th Street, Fort
Lauderdale, FL 33316, Attorney for Plaintiff on this 12‘ day of JUNE, 2020.
CONROY SIMBERG
Attorney for Defendant, Edison Insurance Company
125 West Romana Street, Suite 320
Pensacola, FL 32502
Telephone: (850) 436-6605
Facsimile: (850) 436-2102
Primary Email: eservicepns@conroysimberg.com
Secondary Email: cvarner@conroysimberg.com
By: _/s/ Christopher E. Varner.
Christopher E. Varner, Esquire
Florida Bar No. 0140147
Document Filed Date
June 12, 2020
Case Filing Date
December 16, 2019
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Filing # 108802788 E-Filed 06/12/2020 02:46:24 PM 1938103 IN THE CIRCUIT COURT OF THE 14TH JUDICIAL CIRCUIT IN AND FOR BAY COUNTY, FLORIDA CASE NO. 19004524CA UNION RESTORATION, INC., a/a/o RAQUEL ESTRADA, Plaintiff, v. EDISON INSURANCE COMPANY, Defendant. / RESPONSE TO REQUEST FOR ADMISSIONS Defendant, EDISON INSURANCE COMPANY, by and through the undersigned attorneys, responds to the Request for Admissions filed by the Plaintiff, UNION RESTORATION, INC., a/a/o RAQUEL ESTRADA, as follows: 1. Admit that on October 10, 2018, the Insured, Raquel Estrada, had a property insurance policy with the Defendant in full force and effect on the property at 106 Kacy Lane, Panama City, Florida 32404. RESPONSE: Admitted that policy EDH4041866-01 was in effect on October 10, 2018. 2. Admit that the above insurance policy provided coverage to Insured for damage caused to the property as a result of Hurricane Michael. RESPONSE: Admitted that policy EDH4041866-01 provided coverage for hurricane-related property damage, subject to the terms and provisions of said policy.CASE NO. 19004524CA 3. Admit that the property damage loss was covered under the policy issued by Defendant to the Insured. RESPONSE: Admitted that the property suffered some hurricane-related damage that was covered under the policy. Otherwise, denied. 4. Admit that the Defendant was timely notified of the damage to the above property. RESPONSE: Admitted that the homeowner timely reported the initial claim on or about October 11, 2018, otherwise denied. 5. Admit that Defendant received Plaintiff's Assignment of Benefits and Invoice for payment. RESPONSE: Admitted. 6. Admit that the Plaintiff is the assignee under the insurance policy. RESPONSE: Denied. Plaintiff would be an assignee through a validly executed Assignment of Benefits, not the insurance policy itself. 7. Admit that the insured assigned its insurance benefits to the Plaintiff through the Assignment of Benefits form. RESPONSE: Admitted that Plaintiff purports to have a valid Assignment of Benefits. Denied insofar as the Defendant cannot authenticate the signature or determine the validity of the assignment. 8. Admit that the signature on the Assignment of Benefits is that of the Insured or the Insured’s authorized representative.CASE NO. 19004524CA RESPONSE: Admitted that Plaintiff purports to have a valid Assignment of Benefits. Denied insofar as the Defendant cannot authenticate the signature or determine the validity of the assignment 9. Admit that the Plaintiff has complied with all prerequisites to receiving benefits under the above policy. RESPONSE: Denied. 10. Admit that the above named Defendant is properly named in this action. RESPONSE: Admitted. 11. Admit that jurisdiction and venue are proper in Bay County, Florida. RESPONSE: Admitted 12. Admit that the Defendant authored and/or drafted the insurance policy at issue in this action, and Defendant has a true and correct copy of the subject insurance policy in its possession. RESPONSE: Admitted 13. Admit that Defendant's adjuster who worked on this claim did so in accordance with Fla. Stat. § 626.878. RESPONSE: Admitted 14. Admit that any payment issued on this claim was in accordance with the terms of the insurance policy at issue in this case. RESPONSE: Admitted 15. Admit that the third party company which drafted an estimate that the Defendant relied upon in making payment on the water damage claim has a preferred vendor agreement with the Defendant.CASE NO. 19004524CA RESPONSE: Objection. Upon reasonable investigation, Defendant is unable to admit or deny. The term “third party company” is ambiguous and vague. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a copy hereof has been furnished by service through the eportal to Larry Moskowitz, Esq., Larry Moskowitz, P.A., 400 Southeast 9th Street, Fort Lauderdale, FL 33316, Attorney for Plaintiff on this 12‘ day of JUNE, 2020. CONROY SIMBERG Attorney for Defendant, Edison Insurance Company 125 West Romana Street, Suite 320 Pensacola, FL 32502 Telephone: (850) 436-6605 Facsimile: (850) 436-2102 Primary Email: eservicepns@conroysimberg.com Secondary Email: cvarner@conroysimberg.com By: _/s/ Christopher E. Varner. Christopher E. Varner, Esquire Florida Bar No. 0140147