Preview
Filing # 139993743 E-Filed 12/08/2021 05:21:37 PM
IN THE CIRCUIT COURT OF THE
20th JUDICIAL CIRCUIT IN AND FOR
LEE COUNTY, FLORIDA
CASE NUMBER: 21-CA-383
RIC NALYD AND CINDY NALYD,
Plaintiffs,
vs.
ASI PREFERRED INSURANCE CORP.,
Defendant.
___________________________________/
DEFENDANT'S RESPONSE TO PLAINTIFFS' REQUEST FOR ADMISSIONS
COMES NOW, the Defendant, ASI PREFERRED INSURANCE CORP., by and
through its undersigned counsel, and responds to Plaintiffs’ Request for Admissions,
certificate of service dated January 25, 2021, as follows:
1. Admit that on the date of the alleged loss described in the Complaint that the
policy described in the Complaint was in full force and effect.
RESPONSE:
Admitted only that policy number FLP111230 issued to Ric and Cindy
Nalyd for coverage to the property located at 5425 Whispering Willow Way,
Fort Myers, Florida 33908, for the policy period December 15, 2016 through
December 15, 2017, which includes the dates of loss identified in the
Complaint. All remaining allegations are denied.
2. Admit that pursuant to the Policy, Defendant had a duty to properly adjust and
pay claim number 811436-201013.
RESPONSE:
Objection, overbroad and not reasonably limited to the discovery of
admissible evidence in this first party action to determine coverage. See
State Farm Mut. Auto. Ins. Co. v. O'Hearn, 975 So. 2d 633 (Fla. 2d DCA 2008;
eFiled Lee County Clerk of Courts Page 1
and State Farm Fla. Ins. Co. v. Gallmon 835 So. 2d 389 (Fla. 2d DCA 2003).
3. Admit that Defendant insured the Property under the Policy.
RESPONSE:
Admitted only that policy number FLP111230 issued to Ric and Cindy
Nalyd for coverage to the property located at 5425 Whispering Willow Way,
Fort Myers, Florida 33908, for the policy period December 15, 2016 through
December 15, 2017, subject to the terms and conditions outlined therein.
All remaining allegations are denied.
4. Admit that Plaintiffs submitted to Defendant a written estimate of repairs for the
Loss.
RESPONSE:
Denied.
5. Admit that Defendant did not make a request in writing for the Plaintiffs to submit
a Sworn Proof of Loss for the Loss.
RESPONSE:
Admitted.
6. Admit that Defendant did not make a request in writing for the Plaintiffs to submit
to an examination under oath for the Loss.
RESPONSE:
Admitted.
7. Admit that the Insured permitted Defendant access to the Property after
September 10, 2017.
RESPONSE:
2
eFiled Lee County Clerk of Courts Page 2
Admitted only that Plaintiffs provided access to inspect the subject
property on or about September 18, 2020. All remaining allegations are
denied.
8. Admit that Defendant acknowledged coverage for the Loss and to which
Defendant assigned claim number 811436-201013.
RESPONSE:
Admitted only that Defendant responded to the claim in writing by letter
dated October 12, 2020. Please refer to the October 12, 2020
correspondence provided in response to Plaintiff’s Request for Production.
9. Admit that Defendant made a payment of insurance benefits to, or for the benefit
of, Plaintiffs for the Loss.
RESPONSE:
Denied.
10. Admit that direct impact from flying debris is not the only way for tiles to be
broken or damaged during a high wind.
RESPONSE:
Objection, calls for speculation and is not reasonably calculated to lead to
the discovery of admissible evidence.
11. Admit that Defendant believes that Plaintiffs are not entitled to any more
insurance benefits for claim number 811436-201013 than what has already been
paid by Defendant prior to the filing of this lawsuit.
RESPONSE:
Not applicable as no payment was made. Please refer to Defendant’s
October 12, 2020 correspondence.
3
eFiled Lee County Clerk of Courts Page 3
BUTLER WEIHMULLER KATZ CRAIG LLP
TRACY A. JURGUS, ESQ.
Florida Bar No.: 483737
tjurgus@butler.legal
Secondary: drobinson@butler.legal
400 N. Ashley Drive, Suite 2300
Tampa, Florida 33602
Telephone: (813) 281-1900
Facsimile: (813) 281-0900
Counsel for Defendant, ASI Preferred Insurance
Corp.
CERTIFICATE OF SERVICE
I certify that a copy hereof has been furnished to:
Margaret E. Garner, Esq.
Jackson De Souza, Esq.
Katranis, Wald & Garner, PLLC
501 East Las Olas Boulevard, Suite 200/300
Fort Lauderdale, FL 33301
service@kwglegal.com
Secondary: margaret@kwglegal.com
Counsel for Plaintiffs
by e-mail on December 8, 2021.
TRACY A. JURGUS, ESQ.
4
eFiled Lee County Clerk of Courts Page 4
Preview
Filing # 139993743 E-Filed 12/08/2021 05:21:37 PM IN THE CIRCUIT COURT OF THE 20th JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA CASE NUMBER: 21-CA-383 RIC NALYD AND CINDY NALYD, Plaintiffs, vs. ASI PREFERRED INSURANCE CORP., Defendant. ___________________________________/ DEFENDANT'S RESPONSE TO PLAINTIFFS' REQUEST FOR ADMISSIONS COMES NOW, the Defendant, ASI PREFERRED INSURANCE CORP., by and through its undersigned counsel, and responds to Plaintiffs’ Request for Admissions, certificate of service dated January 25, 2021, as follows: 1. Admit that on the date of the alleged loss described in the Complaint that the policy described in the Complaint was in full force and effect. RESPONSE: Admitted only that policy number FLP111230 issued to Ric and Cindy Nalyd for coverage to the property located at 5425 Whispering Willow Way, Fort Myers, Florida 33908, for the policy period December 15, 2016 through December 15, 2017, which includes the dates of loss identified in the Complaint. All remaining allegations are denied. 2. Admit that pursuant to the Policy, Defendant had a duty to properly adjust and pay claim number 811436-201013. RESPONSE: Objection, overbroad and not reasonably limited to the discovery of admissible evidence in this first party action to determine coverage. See State Farm Mut. Auto. Ins. Co. v. O'Hearn, 975 So. 2d 633 (Fla. 2d DCA 2008; eFiled Lee County Clerk of Courts Page 1 and State Farm Fla. Ins. Co. v. Gallmon 835 So. 2d 389 (Fla. 2d DCA 2003). 3. Admit that Defendant insured the Property under the Policy. RESPONSE: Admitted only that policy number FLP111230 issued to Ric and Cindy Nalyd for coverage to the property located at 5425 Whispering Willow Way, Fort Myers, Florida 33908, for the policy period December 15, 2016 through December 15, 2017, subject to the terms and conditions outlined therein. All remaining allegations are denied. 4. Admit that Plaintiffs submitted to Defendant a written estimate of repairs for the Loss. RESPONSE: Denied. 5. Admit that Defendant did not make a request in writing for the Plaintiffs to submit a Sworn Proof of Loss for the Loss. RESPONSE: Admitted. 6. Admit that Defendant did not make a request in writing for the Plaintiffs to submit to an examination under oath for the Loss. RESPONSE: Admitted. 7. Admit that the Insured permitted Defendant access to the Property after September 10, 2017. RESPONSE: 2 eFiled Lee County Clerk of Courts Page 2 Admitted only that Plaintiffs provided access to inspect the subject property on or about September 18, 2020. All remaining allegations are denied. 8. Admit that Defendant acknowledged coverage for the Loss and to which Defendant assigned claim number 811436-201013. RESPONSE: Admitted only that Defendant responded to the claim in writing by letter dated October 12, 2020. Please refer to the October 12, 2020 correspondence provided in response to Plaintiff’s Request for Production. 9. Admit that Defendant made a payment of insurance benefits to, or for the benefit of, Plaintiffs for the Loss. RESPONSE: Denied. 10. Admit that direct impact from flying debris is not the only way for tiles to be broken or damaged during a high wind. RESPONSE: Objection, calls for speculation and is not reasonably calculated to lead to the discovery of admissible evidence. 11. Admit that Defendant believes that Plaintiffs are not entitled to any more insurance benefits for claim number 811436-201013 than what has already been paid by Defendant prior to the filing of this lawsuit. RESPONSE: Not applicable as no payment was made. Please refer to Defendant’s October 12, 2020 correspondence. 3 eFiled Lee County Clerk of Courts Page 3 BUTLER WEIHMULLER KATZ CRAIG LLP TRACY A. JURGUS, ESQ. Florida Bar No.: 483737 tjurgus@butler.legal Secondary: drobinson@butler.legal 400 N. Ashley Drive, Suite 2300 Tampa, Florida 33602 Telephone: (813) 281-1900 Facsimile: (813) 281-0900 Counsel for Defendant, ASI Preferred Insurance Corp. CERTIFICATE OF SERVICE I certify that a copy hereof has been furnished to: Margaret E. Garner, Esq. Jackson De Souza, Esq. Katranis, Wald & Garner, PLLC 501 East Las Olas Boulevard, Suite 200/300 Fort Lauderdale, FL 33301 service@kwglegal.com Secondary: margaret@kwglegal.com Counsel for Plaintiffs by e-mail on December 8, 2021. TRACY A. JURGUS, ESQ. 4 eFiled Lee County Clerk of Courts Page 4