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Filing # 129186891 E-Filed 06/21/2021 04:49:21 PM
IN THE CIRCUIT COURT OF THE 57
JUDICIAL CIRCUIT, IN AND FOR LAKE
COUNTY, FLORIDA
CASE NO.: 35-2021-CA-000746
KRISH DARMALINGUM,
Plaintiff,
v.
CLEAR BLUE INSURANCE COMPANY,
Defendant.
/
DEFENDANT’S, CLEAR BLUE INSURANCE COMPANY, RESPONSES TO
PLAINTIFF’S FIRST REQUEST FOR ADMISSIONS
Defendant, CLEAR BLUE INSURANCE COMPANY, by and through undersigned
counsel, hereby responds to Plaintiffs First Request for Admissions pursuant to Florida Rule of
Civil Procedure 1.370 as follows:
1. Defendant issued a policy of insurance to Plaintiff(s) (Policy") for the property located at
3816 Glenford Dr., Clermont, FL 34711 (Dwelling").
RESPONSE:
Defendant admits only that it issued Insurance Policy No. ALO1-167945-00, which pertains
to the premises located at 3816 Glenford Drive, Clermont, Florida 34711 and was effective
from June 29, 2020 to June 29, 2021 and that the terms and conditions explicitly stated
therein speak for themselves and are subject to all applicable exceptions, exclusions,
limitations and defenses. Any and all other allegations within Paragraph One (1), to the
extent that they exist, are denied.
2. Atall material times, Plaintiff(s) had an insurable interest in the Dwelling.
RESPONSE:
Admitted only that based on the information available in the public records for Lake
County, Plaintiff Krish Damalingum and his non-party Wife had an insurable interest on
the claimed date of loss. Any and all other allegations contained herein, to the extent that
they exist, are denied.
FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 06/22/2021 11:11:20 AM. On or about 8/10/2020, the Dwelling sustained a sudden and accidental direct physical loss
while the Policy was in full force and effect (loss").
RESPONSE:
Denied.
. The loss triggered coverage under the subject insurance policy.
RESPONSE:
Denied
. Defendant was notified of the loss pursuant to the terms and conditions of the Policy.
RESPONSE:
Denied
. Plaintiff(s) submitted an insurance claim to Defendant (claim") pursuant to the terms and
conditions of the Policy.
RESPONSE:
Denied
. Plaintiff(s) did not cause prejudice to Defendant during its investigation of the claims.
RESPONSE:
Denied
. As of the date of this lawsuit, there were no outstanding requests by Defendant for
documents or information in connection with its investigation of the loss or adjustment of
the claim.
RESPONSE:
Denied
. Plaintiff(s) complied with all duties after a loss pursuant to the Policy.
RESPONSE:
Denied10. The Policy provides coverage for any and all physical damage to the Dwelling that is not
otherwise excluded or excepted by the Policy.
RESPONSE:
Defendant admits only that it issued Insurance Policy No. ALO1-167945-00, which pertains
to the premises located at 3816 Glenford Drive, Clermont, Florida 34711 and was effective
from June 29, 2020 to June 29, 2021 and that the terms and conditions explicitly stated
therein speak for themselves and are subject to all applicable exceptions, exclusions,
limitations and defenses. Any and all other allegations within Paragraph Ten (10), to the
extent that they exist, are denied.
11. The Policy provides coverage for all risks" of loss to the Dwelling.
RESPONSE:
Defendant admits only that it issued Insurance Policy No. ALO1-167945-00, which pertains
to the premises located at 3816 Glenford Drive, Clermont, Florida 34711 and was effective
from June 29, 2020 to June 29, 2021 and that the terms and conditions explicitly stated
therein speak for themselves and are subject to all applicable exceptions, exclusions,
limitations and defenses. Any and all other allegations within Paragraph Eleven (11), to
the extent that they exist, are denied.
12. The Policy provides benefits on a Replacement Cost Value" basis for covered losses to the
Dwelling subject to the policy limits.
RESPONSE:
Defendant admits only that it issued Insurance Policy No. ALO1-167945-00, which pertains
to the premises located at 3816 Glenford Drive, Clermont, Florida 34711 and was effective
from June 29, 2020 to June 29, 2021 and that the terms and conditions explicitly stated
therein speak for themselves and are subject to all applicable exceptions, exclusions,
limitations and defenses. Any and all other allegations within Paragraph Twelve (12), to
the extent that they exist, are denied.
13. In the event of a covered loss to the Dwelling, the Policy provides benefits to repair or
replace damaged or destroyed property, without deducting for depreciation.
RESPONSE:
Defendant admits only that it issued Insurance Policy No. ALO1-167945-00, which pertains
to the premises located at 3816 Glenford Drive, Clermont, Florida 34711 and was effective
from June 29, 2020 to June 29, 2021 and that the terms and conditions explicitly stated
therein speak for themselves and are subject to all applicable exceptions, exclusions,
limitations and defenses. Any and all other allegations within Paragraph Thirteen (13), to
the extent that they exist, are denied.14.
15.
In the event of a covered loss to the Dwelling, the Policy requires Defendant to pay benefits
on a Replacement Cost Value" basis, irrespective of whether Plaintiff(s) actually repairs or
replaces the damaged property.
RESPONSE:
Defendant admits only that it issued Insurance Policy No. ALO1-167945-00, which pertains
to the premises located at 3816 Glenford Drive, Clermont, Florida 34711 and was effective
from June 29, 2020 to June 29, 2021 and that the terms and conditions explicitly stated
therein speak for themselves and are subject to all applicable exceptions, exclusions,
limitations and defenses. Any and all other allegations within Paragraph Fourteen (14), to
the extent that they exist, are denied.
As of the date of this lawsuit, Defendant has not indemnified Plaintiff(s) pursuant to the
terms and conditions of the Policy.
RESPONSE:
Denied.CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished
to Brooke Boltz, Esq. using the Florida Courts E-Filing Portal, to brookeboltz@boltzlegal.com;
blacy@boltzlegal.com; and eservice@boltzlegal.com; this 21 day of June, 2021.
GROELLE & SALMON, P.A.
Attorneys for Defendant
485 N. Keller Road, Suite 151
Maitland, FL 32751
(321) 280-4880 / (321) 280-4881 Facsimile
Primary: gsocourtdocs@gspalaw.com
Secondary: gglasgow@gspalaw.com
By: __ /4/Gina S. Glasgow
GINA S. GLASGOW, ESQUIRE
Fla. Bar No.: 54921
39184
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Filing # 129186891 E-Filed 06/21/2021 04:49:21 PM IN THE CIRCUIT COURT OF THE 57 JUDICIAL CIRCUIT, IN AND FOR LAKE COUNTY, FLORIDA CASE NO.: 35-2021-CA-000746 KRISH DARMALINGUM, Plaintiff, v. CLEAR BLUE INSURANCE COMPANY, Defendant. / DEFENDANT’S, CLEAR BLUE INSURANCE COMPANY, RESPONSES TO PLAINTIFF’S FIRST REQUEST FOR ADMISSIONS Defendant, CLEAR BLUE INSURANCE COMPANY, by and through undersigned counsel, hereby responds to Plaintiffs First Request for Admissions pursuant to Florida Rule of Civil Procedure 1.370 as follows: 1. Defendant issued a policy of insurance to Plaintiff(s) (Policy") for the property located at 3816 Glenford Dr., Clermont, FL 34711 (Dwelling"). RESPONSE: Defendant admits only that it issued Insurance Policy No. ALO1-167945-00, which pertains to the premises located at 3816 Glenford Drive, Clermont, Florida 34711 and was effective from June 29, 2020 to June 29, 2021 and that the terms and conditions explicitly stated therein speak for themselves and are subject to all applicable exceptions, exclusions, limitations and defenses. Any and all other allegations within Paragraph One (1), to the extent that they exist, are denied. 2. Atall material times, Plaintiff(s) had an insurable interest in the Dwelling. RESPONSE: Admitted only that based on the information available in the public records for Lake County, Plaintiff Krish Damalingum and his non-party Wife had an insurable interest on the claimed date of loss. Any and all other allegations contained herein, to the extent that they exist, are denied. FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 06/22/2021 11:11:20 AM. On or about 8/10/2020, the Dwelling sustained a sudden and accidental direct physical loss while the Policy was in full force and effect (loss"). RESPONSE: Denied. . The loss triggered coverage under the subject insurance policy. RESPONSE: Denied . Defendant was notified of the loss pursuant to the terms and conditions of the Policy. RESPONSE: Denied . Plaintiff(s) submitted an insurance claim to Defendant (claim") pursuant to the terms and conditions of the Policy. RESPONSE: Denied . Plaintiff(s) did not cause prejudice to Defendant during its investigation of the claims. RESPONSE: Denied . As of the date of this lawsuit, there were no outstanding requests by Defendant for documents or information in connection with its investigation of the loss or adjustment of the claim. RESPONSE: Denied . Plaintiff(s) complied with all duties after a loss pursuant to the Policy. RESPONSE: Denied10. The Policy provides coverage for any and all physical damage to the Dwelling that is not otherwise excluded or excepted by the Policy. RESPONSE: Defendant admits only that it issued Insurance Policy No. ALO1-167945-00, which pertains to the premises located at 3816 Glenford Drive, Clermont, Florida 34711 and was effective from June 29, 2020 to June 29, 2021 and that the terms and conditions explicitly stated therein speak for themselves and are subject to all applicable exceptions, exclusions, limitations and defenses. Any and all other allegations within Paragraph Ten (10), to the extent that they exist, are denied. 11. The Policy provides coverage for all risks" of loss to the Dwelling. RESPONSE: Defendant admits only that it issued Insurance Policy No. ALO1-167945-00, which pertains to the premises located at 3816 Glenford Drive, Clermont, Florida 34711 and was effective from June 29, 2020 to June 29, 2021 and that the terms and conditions explicitly stated therein speak for themselves and are subject to all applicable exceptions, exclusions, limitations and defenses. Any and all other allegations within Paragraph Eleven (11), to the extent that they exist, are denied. 12. The Policy provides benefits on a Replacement Cost Value" basis for covered losses to the Dwelling subject to the policy limits. RESPONSE: Defendant admits only that it issued Insurance Policy No. ALO1-167945-00, which pertains to the premises located at 3816 Glenford Drive, Clermont, Florida 34711 and was effective from June 29, 2020 to June 29, 2021 and that the terms and conditions explicitly stated therein speak for themselves and are subject to all applicable exceptions, exclusions, limitations and defenses. Any and all other allegations within Paragraph Twelve (12), to the extent that they exist, are denied. 13. In the event of a covered loss to the Dwelling, the Policy provides benefits to repair or replace damaged or destroyed property, without deducting for depreciation. RESPONSE: Defendant admits only that it issued Insurance Policy No. ALO1-167945-00, which pertains to the premises located at 3816 Glenford Drive, Clermont, Florida 34711 and was effective from June 29, 2020 to June 29, 2021 and that the terms and conditions explicitly stated therein speak for themselves and are subject to all applicable exceptions, exclusions, limitations and defenses. Any and all other allegations within Paragraph Thirteen (13), to the extent that they exist, are denied.14. 15. In the event of a covered loss to the Dwelling, the Policy requires Defendant to pay benefits on a Replacement Cost Value" basis, irrespective of whether Plaintiff(s) actually repairs or replaces the damaged property. RESPONSE: Defendant admits only that it issued Insurance Policy No. ALO1-167945-00, which pertains to the premises located at 3816 Glenford Drive, Clermont, Florida 34711 and was effective from June 29, 2020 to June 29, 2021 and that the terms and conditions explicitly stated therein speak for themselves and are subject to all applicable exceptions, exclusions, limitations and defenses. Any and all other allegations within Paragraph Fourteen (14), to the extent that they exist, are denied. As of the date of this lawsuit, Defendant has not indemnified Plaintiff(s) pursuant to the terms and conditions of the Policy. RESPONSE: Denied.CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to Brooke Boltz, Esq. using the Florida Courts E-Filing Portal, to brookeboltz@boltzlegal.com; blacy@boltzlegal.com; and eservice@boltzlegal.com; this 21 day of June, 2021. GROELLE & SALMON, P.A. Attorneys for Defendant 485 N. Keller Road, Suite 151 Maitland, FL 32751 (321) 280-4880 / (321) 280-4881 Facsimile Primary: gsocourtdocs@gspalaw.com Secondary: gglasgow@gspalaw.com By: __ /4/Gina S. Glasgow GINA S. GLASGOW, ESQUIRE Fla. Bar No.: 54921 39184