On May 30, 2017 a
Answer
was filed
involving a dispute between
Josefina Solano,
Ramon A Solano,
and
Universal Insurance Company Of North America,
for CA - Breach of Agreement/Contract
in the District Court of Orange County.
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Filing #61930432 E-Filed 09/25/2017 11:49:05 AM
IN THE CIRCUIT COURT OF THE NINTH
JUDICIAL CIRCUIT IN AND FOR
ORANGE COUNTY, FLORIDA
CASE NO, 2017-CA-004877-O
RAMON A. SOLANO
and JOSEFINA SOLANO,
Plaintiffs,
vs.
UNIVERSAL INSURANCE COMPANY
OF NORTH AMERICA,
Defendant.
/
ANSWER AND AFFIRMATIVE DEFENSES TO COUNT I OF THE
PLAINTIFFS’ AMENDED COMPLAINT
Defendant, UNIVERSAL INSURANCE COMPANY OF NORTH AMERICA,
(“Defendant”), hereby serves this Answer to Count I of the Complaint filed by Plaintiffs
RAMON A. SOLANO and JOSEFNA SOLANO (“Plaintiffs”) stating as follows:
PARTIES, JURISDICTION, AND VENUE
1 Admitted for jurisdictional purposes only.
2. Without knowledge and therefore denied.
3 Without knowledge and therefore denied. It is the Defendant’s understanding that
the Insured identified in the Amended Complaint is a natural person.
4. Admitted for jurisdictional purposes only.
5 Admitted.
6 Admitted that the subject policy of insurance speaks for itself regarding its terms,
conditions, coverages and exclusions from coverage and that the subject insurance policy
was in force and effect on March 28, 2016.
7 Without knowledge as to the Insured’s materials.
8 Admitted that a policy exists, which speaks for itself.
9 Admitted that Plaintiffs claim this is the date on which they suffered covered loss
as the result of hail, wind and water; otherwise, denied as phrased.
10. Denied as framed.
11 Admitted.
12 Denied as framed.
13 Denied as framed.
14. Denied.
15 Denied.
16. Denied.
COUNT I- BREACH OF CONTRACT
The Defendant realleges and reavers its responses to paragraphs 1-16 as if fully set
forth herein.
17. Admitted that there is a policy which speaks for itself.
18. Denied as framed.
19. Denied.
20 Denied.
21 Denied.
22. All allegations not specifically admitted are denied.
COUNT Il —- DECLARATORY JUDGMENT
This Count has been dismissed and no response is required.
AFFIRMATIVE DEFENSES
First Affirmative Defense
UNIVERSAL affirmatively denies all material averments in the Amended
Complaint and demands strict proof thereof.
Second Affirmative Defense
UNIVERSAL has fully compensated Plaintiffs for all covered damages; subject to
their deductible, and the amount of those damages does not exceed the applicable
deductible under the policy, and, therefore, there is no payment due.
Third Affirmative Defense
The claims presented in this cause of action are not covered under the policy or are
subject to exclusions under the policy.
Fourth Affirmative Defense
The rights and responsibilities of both parties, as well as any payments allegedly
due under the subject policy, are controlled by the terms, conditions, coverages and
exclusions under the policy.
Fifth Affirmative Defense
Plaintiffs have failed to provide any report concerning the cause of any allegedly
covered loss, and has failed to provide UNIVERSAL with estimate as to the amount of all
damages claimed as a result of the alleged covered loss.
Sixth Affirmative Defense
UNIVERSAL affirmatively alleges that, in the event there is a determination that
coverage exists for the losses claimed in this lawsuit, UNIVERSAL is entitled to a credit
for any amount payable to any third party entitled to receive payment under the policy,
including any mortgagee or third party to the extent any payment is made to said
mortgagee or third party pursuant to the terms and conditions of the policy or contract
between the Plaintiffs and said mortgagee or third party.
Seventh Affirmative Defense
UNIVERSAL affirmatively states that the Plaintiffs are not entitled to recover
pursuant to Florida Statutes §627.428
Eighth Affirmative Defens
UNIVERSAL affirmatively states that the alleged damage to the roof as a whole is
not covered by the terms of the Policy. Specifically, the damage was not caused by an
insured event.
DEMAND FOR JURY TRIAL
UNIVERSAL respectfully requests trial by jury of all issues so triable.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished
via electronic mail on the 25" day of September, 2017 to David D. Gongora, Esquire, Law
Office of David D. Gongora, P.A., 5401 South Kirkman Rd., Suite 310, Orlando, FL 32819;
DavidGongoraEsq@gmail.com and LegalAssistA@davidgongora.com.
Andrew P. Rock, Esquire
Florida Bar No. 0656437
F. Caroline H. Cranton, Esq.
Florida Bar No. 96369
The Rock Law Group, P.A.
1760 Fennell Street
Maitland, FL 32751
Telephone: (407) 647-9881
Telecopier: (407) 647-9966
Attorneys for Defendant, Universal Insurance
Company of North America
Document Filed Date
September 25, 2017
Case Filing Date
May 30, 2017
Category
CA - Breach of Agreement/Contract
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Filing #61930432 E-Filed 09/25/2017 11:49:05 AM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA CASE NO, 2017-CA-004877-O RAMON A. SOLANO and JOSEFINA SOLANO, Plaintiffs, vs. UNIVERSAL INSURANCE COMPANY OF NORTH AMERICA, Defendant. / ANSWER AND AFFIRMATIVE DEFENSES TO COUNT I OF THE PLAINTIFFS’ AMENDED COMPLAINT Defendant, UNIVERSAL INSURANCE COMPANY OF NORTH AMERICA, (“Defendant”), hereby serves this Answer to Count I of the Complaint filed by Plaintiffs RAMON A. SOLANO and JOSEFNA SOLANO (“Plaintiffs”) stating as follows: PARTIES, JURISDICTION, AND VENUE 1 Admitted for jurisdictional purposes only. 2. Without knowledge and therefore denied. 3 Without knowledge and therefore denied. It is the Defendant’s understanding that the Insured identified in the Amended Complaint is a natural person. 4. Admitted for jurisdictional purposes only. 5 Admitted. 6 Admitted that the subject policy of insurance speaks for itself regarding its terms, conditions, coverages and exclusions from coverage and that the subject insurance policy was in force and effect on March 28, 2016. 7 Without knowledge as to the Insured’s materials. 8 Admitted that a policy exists, which speaks for itself. 9 Admitted that Plaintiffs claim this is the date on which they suffered covered loss as the result of hail, wind and water; otherwise, denied as phrased. 10. Denied as framed. 11 Admitted. 12 Denied as framed. 13 Denied as framed. 14. Denied. 15 Denied. 16. Denied. COUNT I- BREACH OF CONTRACT The Defendant realleges and reavers its responses to paragraphs 1-16 as if fully set forth herein. 17. Admitted that there is a policy which speaks for itself. 18. Denied as framed. 19. Denied. 20 Denied. 21 Denied. 22. All allegations not specifically admitted are denied. COUNT Il —- DECLARATORY JUDGMENT This Count has been dismissed and no response is required. AFFIRMATIVE DEFENSES First Affirmative Defense UNIVERSAL affirmatively denies all material averments in the Amended Complaint and demands strict proof thereof. Second Affirmative Defense UNIVERSAL has fully compensated Plaintiffs for all covered damages; subject to their deductible, and the amount of those damages does not exceed the applicable deductible under the policy, and, therefore, there is no payment due. Third Affirmative Defense The claims presented in this cause of action are not covered under the policy or are subject to exclusions under the policy. Fourth Affirmative Defense The rights and responsibilities of both parties, as well as any payments allegedly due under the subject policy, are controlled by the terms, conditions, coverages and exclusions under the policy. Fifth Affirmative Defense Plaintiffs have failed to provide any report concerning the cause of any allegedly covered loss, and has failed to provide UNIVERSAL with estimate as to the amount of all damages claimed as a result of the alleged covered loss. Sixth Affirmative Defense UNIVERSAL affirmatively alleges that, in the event there is a determination that coverage exists for the losses claimed in this lawsuit, UNIVERSAL is entitled to a credit for any amount payable to any third party entitled to receive payment under the policy, including any mortgagee or third party to the extent any payment is made to said mortgagee or third party pursuant to the terms and conditions of the policy or contract between the Plaintiffs and said mortgagee or third party. Seventh Affirmative Defense UNIVERSAL affirmatively states that the Plaintiffs are not entitled to recover pursuant to Florida Statutes §627.428 Eighth Affirmative Defens UNIVERSAL affirmatively states that the alleged damage to the roof as a whole is not covered by the terms of the Policy. Specifically, the damage was not caused by an insured event. DEMAND FOR JURY TRIAL UNIVERSAL respectfully requests trial by jury of all issues so triable. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via electronic mail on the 25" day of September, 2017 to David D. Gongora, Esquire, Law Office of David D. Gongora, P.A., 5401 South Kirkman Rd., Suite 310, Orlando, FL 32819; DavidGongoraEsq@gmail.com and LegalAssistA@davidgongora.com. Andrew P. Rock, Esquire Florida Bar No. 0656437 F. Caroline H. Cranton, Esq. Florida Bar No. 96369 The Rock Law Group, P.A. 1760 Fennell Street Maitland, FL 32751 Telephone: (407) 647-9881 Telecopier: (407) 647-9966 Attorneys for Defendant, Universal Insurance Company of North America