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Filing # 138003593 E-Filed 11/05/2021 02:19:15 PM
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL
CIRCUIT IN AND FOR LAKE COUNTY,
FLORIDA
Case No.: 35-2021-CA-001632-AXXX-XX
Division:
xxxxxxx A. xxxxxxx,
Plaintiff,
Vv.
KAYLA McCURDY, MARK McCURDY,
INDIVIDUALS and, GEICO GENERAL
INSURANCE COMPANY, a FOREIGN
CORPORATION,
Defendants.
/
DEFENDANT GEICO’S ANSWER AND
AFFIRMATIVE DEFENSES
COMES NOW, the Defendant, GEICO General Insurance Company, by and through
undersigned counsel, and files this Answer and Affirmative Defenses to the Complaint filed herein
as follows:
1 Defendant admits the allegations contained in paragraph 1 for jurisdictional
purposes only.
2 That at all times material Defendant, GEICO General Insurance Company, had in
full force and effect a policy of automobile insurance covering the motor vehicle operated by the
Plaintiff, xxxxxxx A. xxxxxxx, and affording to the Plaintiff under/uninsured motorist
coverage.
3 Defendant denies each and every remaining allegation contained in Plaintiff's
Complaint and demands strict proof thereof.
Sensitivity: Public
FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 11/08/2021 10:14:43 AM
AFFIRMATIVE DEFENSES
1 Defendant affirmatively alleges that at the time and place so alleged, the
Plaintiff's own carelessness and/or negligence was the sole cause or a contributing cause of the
alleged accident and injuries and, therefore, the Plaintiff is precluded from recovery herein or
said recovery is diminished in proportion to said negligence.
2. That as and for a separate distinct affirmative defense, the Defendant would allege
that the Plaintiff's own actions in failing to use an available and fully operational seat belt or
safety harness or other passive restraint contributed to the cause of the accident and/or
contributed to the cause or solely caused the alleged injuries sustained.
3 The Defendant affirmatively alleges that at all times material hereto, the within
accident was caused by the negligent and careless actions or occurrences of third persons and
conditions beyond the control of the Defendant herein. Therefore, the Plaintiff is precluded from
recovery against the Defendant herein.
4 The Defendant affirmatively alleges that the Plaintiff had available to her certain
personal injury protection benefits which were paid or are payable to cover some of the damages
she is seeking pursuant to the Florida Automobile Reparations Reform Act that was in full force
and effect at the time and place of the accident complained of and the Plaintiff is precluded from
recovering those elements of damage which were paid or are payable by personal injury
protection benefits and any and all other collateral sources.
Sensitivity: Public
5 Plaintiff is barred from bringing this action as Plaintiff has failed to meet the no-
fault threshold and/or Defendant is entitled to tort immunity as set forth in the Florida
Automobile Reparation Reform Act.
6 Defendant further affirmatively alleges that this accident falls within the
provisions of the Florida No-Fault Law effective on the date of the accident and the Defendant
pleads all the defenses, exemptions, and set-offs available to him under the provisions under the
Florida No-Fault Law.
7
Defendant states that in the event Plaintiff is awarded damages in this action, the
court should enter judgment against this Defendant on the basis of each party's or nonparty's
percentage of fault and not on the basis of the doctrine of joint and several liability, to the extent
and in the manner provided by Section 768.81, Florida Statutes and Fabre v. Marin, 623 So.2d
1182 (Fla. 1993).
8 Defendant states that as to all of the allegations, Defendant’s liability, if any, is
based solely on its having issued a policy of insurance to Plaintiffs and, therefore, its liability, if
any, is limited to all of the terms, conditions, exclusion and limitations set forth within said
policy of insurance and the terms of Section 627.727, Florida Statutes.
9 Defendant affirmatively alleges that uninsured motorist coverage provided by this
Defendant applies over and above, and shall not duplicate the benefits available to the Plaintiff
from any worker’s compensation law, personal injury protection benefits, disability benefits law,
or similar law, automobile medical expense coverage, available motor vehicle liability insurance,
the owner or operator of the uninsured motor vehicle, any other person or organization jointly
and severally liable together with such owner or operator for the alleged motor vehicle accident.
Sensitivity: Public
WHEREFORE the Defendant, having fully answered the Complaint filed by the Plaintiff,
and further demands trial of all issues so triable as of right by jury.
DEMAND FOR JURY TRIAL
The Defendant, GEICO General Insurance Company, requests a trial by jury of all triable
issues.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
Electronic Mail on this, the 5th day of November, 2021 to the following designated service email
addresses: Eben C. Self, Esq., Law Offices of Eben C. Self, P.A., ebenself@yahoo.com,
pleadings@lawinfl.com, eben@lawinfl.com, .
Law Office of Sarah E. Blazak
/s/_Christopher Scott Ball, Esq.
Christopher Scott Ball, Esq.
(Employees of Government Employees Insurance
Company)
Florida Bar No.: 76394
111 N. Orange Avenue, STE 1600
Orlando, Florida 32801
Phone: 407-648-8236
Facsimile: 407-648-2650
Attorney for Defendant(s) GEICO General
Insurance Company
Service Email: orlandogeico@geico.com
Sensitivity: Public
Preview
Filing # 138003593 E-Filed 11/05/2021 02:19:15 PM IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR LAKE COUNTY, FLORIDA Case No.: 35-2021-CA-001632-AXXX-XX Division: xxxxxxx A. xxxxxxx, Plaintiff, Vv. KAYLA McCURDY, MARK McCURDY, INDIVIDUALS and, GEICO GENERAL INSURANCE COMPANY, a FOREIGN CORPORATION, Defendants. / DEFENDANT GEICO’S ANSWER AND AFFIRMATIVE DEFENSES COMES NOW, the Defendant, GEICO General Insurance Company, by and through undersigned counsel, and files this Answer and Affirmative Defenses to the Complaint filed herein as follows: 1 Defendant admits the allegations contained in paragraph 1 for jurisdictional purposes only. 2 That at all times material Defendant, GEICO General Insurance Company, had in full force and effect a policy of automobile insurance covering the motor vehicle operated by the Plaintiff, xxxxxxx A. xxxxxxx, and affording to the Plaintiff under/uninsured motorist coverage. 3 Defendant denies each and every remaining allegation contained in Plaintiff's Complaint and demands strict proof thereof. Sensitivity: Public FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 11/08/2021 10:14:43 AM AFFIRMATIVE DEFENSES 1 Defendant affirmatively alleges that at the time and place so alleged, the Plaintiff's own carelessness and/or negligence was the sole cause or a contributing cause of the alleged accident and injuries and, therefore, the Plaintiff is precluded from recovery herein or said recovery is diminished in proportion to said negligence. 2. That as and for a separate distinct affirmative defense, the Defendant would allege that the Plaintiff's own actions in failing to use an available and fully operational seat belt or safety harness or other passive restraint contributed to the cause of the accident and/or contributed to the cause or solely caused the alleged injuries sustained. 3 The Defendant affirmatively alleges that at all times material hereto, the within accident was caused by the negligent and careless actions or occurrences of third persons and conditions beyond the control of the Defendant herein. Therefore, the Plaintiff is precluded from recovery against the Defendant herein. 4 The Defendant affirmatively alleges that the Plaintiff had available to her certain personal injury protection benefits which were paid or are payable to cover some of the damages she is seeking pursuant to the Florida Automobile Reparations Reform Act that was in full force and effect at the time and place of the accident complained of and the Plaintiff is precluded from recovering those elements of damage which were paid or are payable by personal injury protection benefits and any and all other collateral sources. Sensitivity: Public 5 Plaintiff is barred from bringing this action as Plaintiff has failed to meet the no- fault threshold and/or Defendant is entitled to tort immunity as set forth in the Florida Automobile Reparation Reform Act. 6 Defendant further affirmatively alleges that this accident falls within the provisions of the Florida No-Fault Law effective on the date of the accident and the Defendant pleads all the defenses, exemptions, and set-offs available to him under the provisions under the Florida No-Fault Law. 7 Defendant states that in the event Plaintiff is awarded damages in this action, the court should enter judgment against this Defendant on the basis of each party's or nonparty's percentage of fault and not on the basis of the doctrine of joint and several liability, to the extent and in the manner provided by Section 768.81, Florida Statutes and Fabre v. Marin, 623 So.2d 1182 (Fla. 1993). 8 Defendant states that as to all of the allegations, Defendant’s liability, if any, is based solely on its having issued a policy of insurance to Plaintiffs and, therefore, its liability, if any, is limited to all of the terms, conditions, exclusion and limitations set forth within said policy of insurance and the terms of Section 627.727, Florida Statutes. 9 Defendant affirmatively alleges that uninsured motorist coverage provided by this Defendant applies over and above, and shall not duplicate the benefits available to the Plaintiff from any worker’s compensation law, personal injury protection benefits, disability benefits law, or similar law, automobile medical expense coverage, available motor vehicle liability insurance, the owner or operator of the uninsured motor vehicle, any other person or organization jointly and severally liable together with such owner or operator for the alleged motor vehicle accident. Sensitivity: Public WHEREFORE the Defendant, having fully answered the Complaint filed by the Plaintiff, and further demands trial of all issues so triable as of right by jury. DEMAND FOR JURY TRIAL The Defendant, GEICO General Insurance Company, requests a trial by jury of all triable issues. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by Electronic Mail on this, the 5th day of November, 2021 to the following designated service email addresses: Eben C. Self, Esq., Law Offices of Eben C. Self, P.A., ebenself@yahoo.com, pleadings@lawinfl.com, eben@lawinfl.com, . Law Office of Sarah E. Blazak /s/_Christopher Scott Ball, Esq. Christopher Scott Ball, Esq. (Employees of Government Employees Insurance Company) Florida Bar No.: 76394 111 N. Orange Avenue, STE 1600 Orlando, Florida 32801 Phone: 407-648-8236 Facsimile: 407-648-2650 Attorney for Defendant(s) GEICO General Insurance Company Service Email: orlandogeico@geico.com Sensitivity: Public