Preview
Filing # 111026230 E-Filed 07/30/2020 11:08:29 AM
IN THE CIRCUIT COURT OF THE FIFTH
JUDICIAL CIRCUIT IN AND FOR
MARION COUNTY, FLORIDA
CASE NO.: 19-CA-2479
MIKLE FIZER AND RACHEL GRIEBLING-
FIZER,
Plaintiffs,
Vv.
AMERICAN INTEGRITY INSURANCE
COMPANY OF FLORIDA,
Defendant.
/
DEFENDANT’S AMENDED RESPONSE TO PLAINTIFFS’ REQUEST FOR
ADMISSIONS
Defendant, AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDA, by
and through the undersigned attorney and pursuant to the Florida Rule of Civil Procedure
1.370, hereby files its Amended Responses to Plaintiff's Request for Admissions to
Defendant and states as follows:
1. Defendant issued a policy of insurance to Plaintiffs (“Policy”) for the property
located at 17891 SE 87th Bourne Avenue, The Villages, FL (“Property”).
RESPONSE:
Admitted only that Defendant issued a policy of
homeowners’ insurance to Michael J Fizer and Rachel
Grieblin-Fizer, bearing the policy number AGH225536,
with effective dates of March 28, 2019 to March 28, 2020,
which provided coverage for the property located at
17891 SE 87th Bourne Ave., The Villages, Florida, 32162,
subject to its terms, conditions and _ exclusions;
otherwise, denied.
Page 1
COLE, SCOTT & KISSANE, P.A.
Electronically FARBa' Wash Case FSECA GUS47OAR G7 SEISIIOY 1:68.28 AM 619) 296-2000 FaxCASE NO.: 19-CA-2479
At all material times, Plaintiffs had an insurable interest in the Property.
RESPONSE: Admitted only that Defendant issued a policy of
homeowners’ insurance to Michael J Fizer and Rachel
Grieblin-Fizer, bearing the policy number AGH225536,
with effective dates of March 28, 2019 to March 28, 2020,
which provided coverage for the property located at
17891 SE 87th Bourne Ave., The Villages, Florida, 32162,
subject to its terms, conditions and _ exclusions;
otherwise, denied.
The Property sustained direct physical damage as a result of wind, while the Policy
was in full force and effect (the “loss”).
RESPONSE: Denied.
Defendant was notified of the loss pursuant to the terms and conditions of the
Policy.
RESPONSE: Admitted that Plaintiffs reported a claim to Defendant on
August 14, 2019, with a reported date of loss of July 21,
2019; otherwise, denied.
Plaintiffs submitted an insurance claim to Defendant (the “claim”) pursuant to the
terms and conditions of the Policy.
RESPONSE: Admitted that Plaintiffs reported a claim to Defendant on
August 14, 2019, with a reported date of loss of July 21,
2019; otherwise, denied.
Plaintiffs did not cause prejudice to Defendant during its investigation of the claim.
RESPONSE: Defendant asserts that it has made reasonable inquiry
and that the information known or readily obtainable by
Defendant is insufficient to enable Defendant to admit or
deny this Request.
As of the date of this lawsuit, there were no outstanding requests by Defendant for
documents or information in connection with its investigation and adjustment of the
claim.
RESPONSE: Admitted.
COLE, SCOTT & KISSANE, P.A.
4301 WEST BOY SCOUT BOULEVARD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (613) 286-2900 FAX10.
11.
CASE NO.: 19-CA-2479
Plaintiffs complied with all duties after a loss pursuant to the Policy.
RESPONSE: Denied.
The Policy provides benefits on a “Replacement Cost Value” basis for covered
losses to the Property subject to the policy limits.
RESPONSE: Admitted only to the extent that it conforms to the policy;
otherwise, denied.
In the event of a covered loss to the Property, the Policy provides benefits to repair
or replace damaged or destroyed property, without deducting for depreciation.
RESPONSE: Admitted only to the extent that it conforms to the policy;
otherwise, denied.
In the event of a covered loss to the Property, the Policy requires Defendant to pay
benefits on a “Replacement Cost Value” basis, irrespective of whether Plaintiff
actually repair or replace the damaged property.
RESPONSE: Admitted only to the extent that it conforms to the policy;
otherwise, denied.
COLE, SCOTT & KISSANE, P.A.
4301 WEST BOY SCOUT BOULEVARD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (613) 286-2900 FAXCASE NO.: 19-CA-2479
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that on this 30th day of July, 2020, a true and correct copy
of the foregoing was filed with the Clerk of Marion County by using the Florida Courts
e-Filing Portal, which will send an automatic e-mail message to the following
parties registered with the e-Filing Portal system: Marc Jandy, Esq., The Nation
Law Firm, Iryan@nationlaw.com;mjandy@nationlaw.com, 570 Crown Oak Centre Drive,
Longwood, FL 32750, (407) 339-1104/(407) 339-1118 (F), Attorney for Plaintiffs,
Mikle Fizer and Rachel Griebling-Fizer.
COLE, SCOTT & KISSANE, P.A.
Counsel for Defendant AMERICAN INTEGRITY
INSURANCE COMPANY OF FLORIDA
4301 West Boy Scout Boulevard
Suite 400
Tampa, Florida 33607
Telephone (813) 864-9309
Facsimile (813) 286-2900
Primary e-mail:
christopher.thibodeaux@csklegal.com
Secondary e-mail:
rachelle.carnes@csklegal.com
Alternate e-mail: margaret-
ann.newball@csklegal.com
By: _s/ Rachelle S. Carnes
CHRISTOPHER THIBODEAUX
Florida Bar No.: 119418
RACHELLE S. CARNES
Florida Bar No.: 1017951
0256.0531-00/19787884
COLE, SCOTT & KISSANE, P.A.
4301 WEST BOY SCOUT BOULEVARD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (613) 286-2900 FAX
Preview
Filing # 111026230 E-Filed 07/30/2020 11:08:29 AM IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR MARION COUNTY, FLORIDA CASE NO.: 19-CA-2479 MIKLE FIZER AND RACHEL GRIEBLING- FIZER, Plaintiffs, Vv. AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDA, Defendant. / DEFENDANT’S AMENDED RESPONSE TO PLAINTIFFS’ REQUEST FOR ADMISSIONS Defendant, AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDA, by and through the undersigned attorney and pursuant to the Florida Rule of Civil Procedure 1.370, hereby files its Amended Responses to Plaintiff's Request for Admissions to Defendant and states as follows: 1. Defendant issued a policy of insurance to Plaintiffs (“Policy”) for the property located at 17891 SE 87th Bourne Avenue, The Villages, FL (“Property”). RESPONSE: Admitted only that Defendant issued a policy of homeowners’ insurance to Michael J Fizer and Rachel Grieblin-Fizer, bearing the policy number AGH225536, with effective dates of March 28, 2019 to March 28, 2020, which provided coverage for the property located at 17891 SE 87th Bourne Ave., The Villages, Florida, 32162, subject to its terms, conditions and _ exclusions; otherwise, denied. Page 1 COLE, SCOTT & KISSANE, P.A. Electronically FARBa' Wash Case FSECA GUS47OAR G7 SEISIIOY 1:68.28 AM 619) 296-2000 FaxCASE NO.: 19-CA-2479 At all material times, Plaintiffs had an insurable interest in the Property. RESPONSE: Admitted only that Defendant issued a policy of homeowners’ insurance to Michael J Fizer and Rachel Grieblin-Fizer, bearing the policy number AGH225536, with effective dates of March 28, 2019 to March 28, 2020, which provided coverage for the property located at 17891 SE 87th Bourne Ave., The Villages, Florida, 32162, subject to its terms, conditions and _ exclusions; otherwise, denied. The Property sustained direct physical damage as a result of wind, while the Policy was in full force and effect (the “loss”). RESPONSE: Denied. Defendant was notified of the loss pursuant to the terms and conditions of the Policy. RESPONSE: Admitted that Plaintiffs reported a claim to Defendant on August 14, 2019, with a reported date of loss of July 21, 2019; otherwise, denied. Plaintiffs submitted an insurance claim to Defendant (the “claim”) pursuant to the terms and conditions of the Policy. RESPONSE: Admitted that Plaintiffs reported a claim to Defendant on August 14, 2019, with a reported date of loss of July 21, 2019; otherwise, denied. Plaintiffs did not cause prejudice to Defendant during its investigation of the claim. RESPONSE: Defendant asserts that it has made reasonable inquiry and that the information known or readily obtainable by Defendant is insufficient to enable Defendant to admit or deny this Request. As of the date of this lawsuit, there were no outstanding requests by Defendant for documents or information in connection with its investigation and adjustment of the claim. RESPONSE: Admitted. COLE, SCOTT & KISSANE, P.A. 4301 WEST BOY SCOUT BOULEVARD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (613) 286-2900 FAX10. 11. CASE NO.: 19-CA-2479 Plaintiffs complied with all duties after a loss pursuant to the Policy. RESPONSE: Denied. The Policy provides benefits on a “Replacement Cost Value” basis for covered losses to the Property subject to the policy limits. RESPONSE: Admitted only to the extent that it conforms to the policy; otherwise, denied. In the event of a covered loss to the Property, the Policy provides benefits to repair or replace damaged or destroyed property, without deducting for depreciation. RESPONSE: Admitted only to the extent that it conforms to the policy; otherwise, denied. In the event of a covered loss to the Property, the Policy requires Defendant to pay benefits on a “Replacement Cost Value” basis, irrespective of whether Plaintiff actually repair or replace the damaged property. RESPONSE: Admitted only to the extent that it conforms to the policy; otherwise, denied. COLE, SCOTT & KISSANE, P.A. 4301 WEST BOY SCOUT BOULEVARD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (613) 286-2900 FAXCASE NO.: 19-CA-2479 CERTIFICATE OF SERVICE | HEREBY CERTIFY that on this 30th day of July, 2020, a true and correct copy of the foregoing was filed with the Clerk of Marion County by using the Florida Courts e-Filing Portal, which will send an automatic e-mail message to the following parties registered with the e-Filing Portal system: Marc Jandy, Esq., The Nation Law Firm, Iryan@nationlaw.com;mjandy@nationlaw.com, 570 Crown Oak Centre Drive, Longwood, FL 32750, (407) 339-1104/(407) 339-1118 (F), Attorney for Plaintiffs, Mikle Fizer and Rachel Griebling-Fizer. COLE, SCOTT & KISSANE, P.A. Counsel for Defendant AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDA 4301 West Boy Scout Boulevard Suite 400 Tampa, Florida 33607 Telephone (813) 864-9309 Facsimile (813) 286-2900 Primary e-mail: christopher.thibodeaux@csklegal.com Secondary e-mail: rachelle.carnes@csklegal.com Alternate e-mail: margaret- ann.newball@csklegal.com By: _s/ Rachelle S. Carnes CHRISTOPHER THIBODEAUX Florida Bar No.: 119418 RACHELLE S. CARNES Florida Bar No.: 1017951 0256.0531-00/19787884 COLE, SCOTT & KISSANE, P.A. 4301 WEST BOY SCOUT BOULEVARD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (613) 286-2900 FAX