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Filing # 131688155 E-Filed 07/29/2021 03:57:55 PM
39184
IN THE COUNTY COURT OF THE 5TH
JUDICIAL CIRCUIT, IN AND FOR LAKE
COUNTY, FLORIDA
KRISH DARMALINGUM,
CASE NO.: 35-2021-CA-000746
Plaintiff,
vs.
CLEAR BLUE INSURANCE COMPANY,
Defendant.
/
DEFENDANT’S ANSWER, AFFIRMATIVE DEFENSES
AND DEMAND FOR JURY TRIAL
COMES NOW, Defendant, CLEAR BLUE INSURANCE COMPANY
(“DEFENDANT”), hereby serves this Answer, Defenses and Demand for Jury Trial in response
to the Amended Complaint filed by Plaintiffs KRISH DARMALINGUM (“PLAINTIFF”),
stating as follows:
1. Defendant admits the allegations within Paragraph One (1) of Plaintiffs Amended
Complaint for jurisdictional purposes only and all other allegations contained in Paragraph One
(1) are denied, including the scope, cause and amount of any claimed damage.
2. Denied.
3. Admit only that Defendant is an insurance company authorized to conduct business
in Lake County, FL.
4. 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 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
Four (4), to the extent that they exist, are denied
FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 07/29/2021 04:02:50 PM.5. Defendant admits the allegations within Paragraph Five (5) of Plaintiffs Amended
Complaint for jurisdictional purposes only and all other allegations contained in Paragraph Five
(5) are denied, including the scope, cause and amount of any claimed damage.
6. Denied.
7. Denied as phrased.
8. 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 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
Eight (8), to the extent that they exist, are denied
9. Denied.
10. Denied.
ll. Denied.
12. Denied.
13. Denied.
14. Denied.
Any and all allegations not specifically admitted herein, including all part and/or subparts
to Plaintiff’s Wherefore Clause, are hereby denied and strict proof is demanded thereon.
DEFENSES
In addition to the below identified defenses, the Defendant specifically reserves the right
to raise any and all defenses available to it under Policy No. AL01-167945-00, which is
incorporated herein according to applicable Florida law.
First Defense1. Plaintiff's failed to protect the property from further damage, make reasonable and
necessary repairs required to protect the property and/or keep an accurate record of repair expenses
as required by the terms and conditions of the policy. The policy provides, in pertinent part:
SECTION I - CONDITIONS
OK
Cc. Duties After Loss
In case of a loss to covered property, we have no duty to provide
coverage under this policy if the failure to comply with the following
duties is prejudicial to us. These duties must be performed either by
you, an "insured" seeking coverage, or a representative of either:
sek
4. Protect the property from further damage. If repairs to the
property are required, you must:
a. Make reasonable and necessary repairs to protect the
property; and
b. Keep an accurate record of repair expenses;
Second Defense
2. Plaintiff's action is barred because Plaintiff's filed suit prior to their compliance
with the applicable policy conditions including, but not limited to, failing to protect the property
from further damage and/or keep an accurate record of repair expenses and provide requested
records. The policy provides, in pertinent part:
SECTION I - CONDITIONS
RE
H. Suit Against Us
No action can be brought against us unless there has been full compliance
with all of the terms under Section I of this policy and the action is started
within two years after the date of loss.
Third Defense3. The damage to the subject property is the result of wear, tear, marring and/or
deterioration which is not covered by the terms of the subject policy. The policy provides, in
pertinent part,
SECTION I - PERILS INSURED AGAINST
A. Coverage A — Dwelling And Coverage B —Other Structures
1. We insure against direct physical loss to property described in
Coverage A and B.
2. We do not insure, however, for loss:
sek
c. Casued by:
RE
(6) Any of the following:
(a) Wear and tear, marring, deterioration;
Fourth Defense
4. The damage to the subject property is the excluded from coverage by the following
terms of the subject policy.
SECTION I - EXCLUSIONS
OK
B. We do not insure for loss to property described in Coverages A and
B caused by any of the following. However, any ensuing loss to
property described in Coverages A and B not precluded by any other
provision in this policy is covered.
RE
3. Faulty, inadequate or defective:
seek
b. Design, specifications, workmanship, _ repair,
construction, renovation, remodeling, grading,
compaction;
c. Materials used in repair, construction, renovation or
remodeling; or
d. Maintenance;
of part or all of any property whether on or off the "residence premises".Fifth Defense
5. The damage to the Property claimed by Plaintiffs was not the result of any cause
covered under the Policy, and any such damage is therefore excluded from coverage.
Sixth Defense
6. Plaintiff’s action is subject to the terms of the applicable insurance policy, including
any and all deductibles, exceptions, exclusions, limitations and coverage provided thereunder
and/or at law. Defendant is entitled to set-off the policy deductible, set-off any prior payments
and apply policy limitation.
DEMAND FOR JURY TRIAL
Defendant hereby demands a trial by jury of all issues so triable herein.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished
to Brooke Boltz, Esq. by electronic mail to brookeboltz@boltzlegal.com; blacy@boltzlegal.com;
eservice@boltzlegal.com; this 29" day of July, 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: _/s/ Gina S. Glasgow
GINA S. GLASGOW, ESQUIRE
Fla. Bar No.: 54921
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Filing # 131688155 E-Filed 07/29/2021 03:57:55 PM 39184 IN THE COUNTY COURT OF THE 5TH JUDICIAL CIRCUIT, IN AND FOR LAKE COUNTY, FLORIDA KRISH DARMALINGUM, CASE NO.: 35-2021-CA-000746 Plaintiff, vs. CLEAR BLUE INSURANCE COMPANY, Defendant. / DEFENDANT’S ANSWER, AFFIRMATIVE DEFENSES AND DEMAND FOR JURY TRIAL COMES NOW, Defendant, CLEAR BLUE INSURANCE COMPANY (“DEFENDANT”), hereby serves this Answer, Defenses and Demand for Jury Trial in response to the Amended Complaint filed by Plaintiffs KRISH DARMALINGUM (“PLAINTIFF”), stating as follows: 1. Defendant admits the allegations within Paragraph One (1) of Plaintiffs Amended Complaint for jurisdictional purposes only and all other allegations contained in Paragraph One (1) are denied, including the scope, cause and amount of any claimed damage. 2. Denied. 3. Admit only that Defendant is an insurance company authorized to conduct business in Lake County, FL. 4. 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 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 Four (4), to the extent that they exist, are denied FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 07/29/2021 04:02:50 PM.5. Defendant admits the allegations within Paragraph Five (5) of Plaintiffs Amended Complaint for jurisdictional purposes only and all other allegations contained in Paragraph Five (5) are denied, including the scope, cause and amount of any claimed damage. 6. Denied. 7. Denied as phrased. 8. 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 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 Eight (8), to the extent that they exist, are denied 9. Denied. 10. Denied. ll. Denied. 12. Denied. 13. Denied. 14. Denied. Any and all allegations not specifically admitted herein, including all part and/or subparts to Plaintiff’s Wherefore Clause, are hereby denied and strict proof is demanded thereon. DEFENSES In addition to the below identified defenses, the Defendant specifically reserves the right to raise any and all defenses available to it under Policy No. AL01-167945-00, which is incorporated herein according to applicable Florida law. First Defense1. Plaintiff's failed to protect the property from further damage, make reasonable and necessary repairs required to protect the property and/or keep an accurate record of repair expenses as required by the terms and conditions of the policy. The policy provides, in pertinent part: SECTION I - CONDITIONS OK Cc. Duties After Loss In case of a loss to covered property, we have no duty to provide coverage under this policy if the failure to comply with the following duties is prejudicial to us. These duties must be performed either by you, an "insured" seeking coverage, or a representative of either: sek 4. Protect the property from further damage. If repairs to the property are required, you must: a. Make reasonable and necessary repairs to protect the property; and b. Keep an accurate record of repair expenses; Second Defense 2. Plaintiff's action is barred because Plaintiff's filed suit prior to their compliance with the applicable policy conditions including, but not limited to, failing to protect the property from further damage and/or keep an accurate record of repair expenses and provide requested records. The policy provides, in pertinent part: SECTION I - CONDITIONS RE H. Suit Against Us No action can be brought against us unless there has been full compliance with all of the terms under Section I of this policy and the action is started within two years after the date of loss. Third Defense3. The damage to the subject property is the result of wear, tear, marring and/or deterioration which is not covered by the terms of the subject policy. The policy provides, in pertinent part, SECTION I - PERILS INSURED AGAINST A. Coverage A — Dwelling And Coverage B —Other Structures 1. We insure against direct physical loss to property described in Coverage A and B. 2. We do not insure, however, for loss: sek c. Casued by: RE (6) Any of the following: (a) Wear and tear, marring, deterioration; Fourth Defense 4. The damage to the subject property is the excluded from coverage by the following terms of the subject policy. SECTION I - EXCLUSIONS OK B. We do not insure for loss to property described in Coverages A and B caused by any of the following. However, any ensuing loss to property described in Coverages A and B not precluded by any other provision in this policy is covered. RE 3. Faulty, inadequate or defective: seek b. Design, specifications, workmanship, _ repair, construction, renovation, remodeling, grading, compaction; c. Materials used in repair, construction, renovation or remodeling; or d. Maintenance; of part or all of any property whether on or off the "residence premises".Fifth Defense 5. The damage to the Property claimed by Plaintiffs was not the result of any cause covered under the Policy, and any such damage is therefore excluded from coverage. Sixth Defense 6. Plaintiff’s action is subject to the terms of the applicable insurance policy, including any and all deductibles, exceptions, exclusions, limitations and coverage provided thereunder and/or at law. Defendant is entitled to set-off the policy deductible, set-off any prior payments and apply policy limitation. DEMAND FOR JURY TRIAL Defendant hereby demands a trial by jury of all issues so triable herein. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to Brooke Boltz, Esq. by electronic mail to brookeboltz@boltzlegal.com; blacy@boltzlegal.com; eservice@boltzlegal.com; this 29" day of July, 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: _/s/ Gina S. Glasgow GINA S. GLASGOW, ESQUIRE Fla. Bar No.: 54921