Party Notice: Doreen B Ordonez, et al Plaintiff vs. Universal Property and Casualty Insurance Company Defendant

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                                Filing# 138933459 E-Filed 1 1/19/2021 06:32:38 PM
 MITCHELLE R ORDONEZ, an individual,
 IN THE CIRCUIT COURT OF THE 17TH
 and DOREEN B ORDONEZ, an individual,
 JUDICIAL
 CIRCUIT
 IN
 AND FOR
 BROWARD COUNTY, FLORIDA
 Plaintiffs,
 V
 GENERAL JURISDICTION DIVISION
 UNIVERSAL PROPERTY & CASUALTY
 CASE NO.: CACE-19-021656
 INSURANCE
 COMPANY,
 a
 Florida
 governmental entity,
 Defendant.
 '
 PLAINTIFFS PROPOSED PRETRIAL STIPULATION
 Pursuant to the Order settingPretrial Deadlines and Related Requirements:
 I.
 Concise Statement of the Facts:
 1) On or about August 21, 2018, MITCHELLE R ORDONEZ, and DOREEN B
 ORDONEZ (the"Plaintiffs"),
 obtained an insurance policy from UNIVERSAL
 PROPERTY & CASUALTY INSURANCE COMPANY (the "Defendant") to
 cover the property located at 610 SW 69 Way, Pembroke Pines,Florida 33023 (the
 "Property").
 2) On April5, 2019, a plumbing event occurred at the Property which caused damage.
 3) On or about June 3, 2019, the Plaintiffs through counsel notified the Defendant of
 the claim, initiated the claim, and were provided claim number FL19-0117529 by
 the Defendant.
 4) On or about June 17,2019, Independent Adjuster Cristiano Nicolucci inspectedthe
 property on behalf of the insurance company.
 5) On or about July 18, 2019, the Plaintiffs through counsel provided a copy of all the
 documents the insurance company requested
 Page 1 of 5
 SILVERBERGIBRITO, PLLC
 1695 NW 110?i Avenue, Suite 224, Miami, FL 33172 ? Tel (305) 735-3966 ? Fax (305) 440-1055
 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 11/19/2021 06:32:38 PM.****
 6) On September 1, 2019, the ninety (90) day deadline of the claim being reported
 expired.
 7) On October 15, 2019, the Plaintiffs filed their lawsuit againstthe Defendant.
 8) On October 28,2019, the Defendant Denied the claim.
 II.
 Stipulated Facts:
 1) A water event, which resulted in water damage occurred on April5, 2019.
 2) The water loss,which occurred on or about April 5, 2019, is covered under the
 Policy.
 3) The Policywas in effect from August 21, 2018, to August 21, 2019.
 4) On or about July 18,2019 and July 26,2019, the Plaintiffsprovided
 all documents
 requestedfrom the Defendant and the Plaintiffs were in possessionof.
 5) The Plaintiffs only preformed permanent repairsto the extent that it needed to
 protect the property from further damage.
 6) The Plaintiffs allowed the Defendant to inspectthe removed plumbing components
 and the Property.
 7) On August 8,2019 the Plaintiffs throughcounsel sent additional documents and an
 executed sworn statement in proof of loss to the Defendant.
 8) On or about September 11, 2019, the Plaintiffs attended a recorded statement.
 9) The Plaintiffs complied with all conditions precedentpriorto filing
 the lawsuit.
 10)The Plaintiffs timely reportedthe Loss to the Defendant.
 11)The Plaintiffs or one of its representatives
 reportedthe claim to the Defendant on
 or about June 3,2020.
 Page 2 of 5
 SILVERBERGIBRITO, PLLC
 1695 NW 110?i Avenue, Suite 224, Miami, FL 33172 ? Tel (305) 735-3966 ? Fax (305) 440-1055
 III.
 Statement of Disputed Law & Facts:
 1) The scope of coverage repairsfor water mitigationservices,performed by the
 Plaintiff.
 2) Whether notice of the claim was timelyunder the policy.
 3) Whether, to the extent Plaintiffs' notice of the claim was not timely,if it was not,
 did the Plaintiffs rebut the presumption of prejudice.
 4) Whether the Plaintiffs allowed the Insurance Company to inspectthe Property
 5) Whether the Plaintiffs providedthe Defendant with all requesteddocuments in their
 possession.
 6) Whether, to the extent Plaintiffs' did not provide requesteddocuments in their
 possessiondid the Plaintiffs rebut the presumption of prejudice.
 7) Whether the Plaintiffs submitted to a recorded statement as requested by the
 Insurance company.
 8) Whether amounts Plaintiff is seekingare covered under the Policy.
 9) Whether amounts Plaintiff is seekingis reasonable.
 10)Whether Plaintiff's claim is premature.
 11)Whether repairscompleted to Plaintiffs' property constitute reasonable emergency
 measures to protect the covered property from further damage.
 12)Whether repairscompleted to Homeowner's property constitute permanent repairs
 necessary to protect the covered property from further damage or to prevent
 unwanted entry to the property.
 13)Whether the Plaintiffs timelymitigatedthe damage at the subjectproperty.
 14)Whether the damages at the property were present priorto the policy inception.
 15)Whether the damages at the property pre-datethe date of loss.
 Page 3 of 5
 SILVERBERGIBRITO, PLLC
 1695 NW 110?i Avenue, Suite 224, Miami, FL 33172 ? Tel (305) 735-3966 ? Fax (305) 440-1055
 16)Whether the Plaintiffs made materiallyfalse statements relatingto the claim.
 17)The duration of the water loss at the Plaintiffs property.
 IV.
 Exhibit List:
 1) Plaintiffs' Exhibit List is attached hereto as Exhibit 1
 V.
 Demonstrative Exhibits:
 1) Only those listed in section 4 but possiblyblown up.
 2) Any rebuttal or impeachment demonstrative evidence necessary depending on what
 the Defendant introduces or testifies to.
 VI.
 Witness list
 1.
 Plaintiffs' Witness List is attached hereto as Exhibit 2
 VII.
 Jurv Instructions:
 1) Plaintiffs proposed Jury Instructions are attached hereto as exhibit 3
 VIII.
 Verdict Form:
 1) Plaintiffs proposed Verdict Forms are attached hereto as exhibit 4
 IX.
 Preemptorv Challenges:
 1) Each party has 3 peremptory challengesas this is a civil case tried by jury.
 X.
 Pending Motions
 1) The pending motions before this Court are as follows:
 i.
 Plaintiffs' Motion in Limine Relatingto Fraud in any Respect
 ii.
 Plaintiffs' Motion in Limine Relatingto General Allegationsand Remarks
 iii. Plaintiffs' Motion in Limine to Exclude Evidence That the Underlying
 Insurance Policyis not an "All-Risk" Policy
 iv.
 Plaintiffs' Motion In Limine Excluding Evidence Not Disclosed During
 Discovery
 Page 4 of 5
 SILVERBERGIBRITO, PLLC
 1695 NW 110?i Avenue, Suite 224, Miami, FL 33172 ? Tel (305) 735-3966 ? Fax (305) 440-1055
 v.
 Plaintiffs' Motion In Limine to Exclude any Fact Witness from Providing
 Opinion Testimony
 vi.
 Plaintiff's Motion to Overrule Defendant's Objectionsto Plaintiff's First
 Request for Production and First Set of Interrogatories.
 XI.
 Trial Estimates
 1) The Plaintiffwill need three (3)full days to present their case in chief.
 XII.
 Expert Challenges
 1) None.
 DATED this
 dayor
 ,2021.
 /s/Dalyz Limia
 Attorney for Plaintiff(s)
 Attorney for Defendant(s)
 Page 5 of 5
 SILVERBERGIBRITO, PLLC
 1695 NW 110?i Avenue, Suite 224, Miami, FL 33172 ? Tel (305) 735-3966 ? Fax (305) 440-1055
 =xlioi:
 I.
 Exhibit List:
 1) Hydro Restoration.,assignment of benefits signed June 3, 2019
 2) Hydro Restoration.,invoice dated June 14,2019,
 3) Hydro Restoration.,photos
 4) Hydro Restoration.,dry logs
 5) Hydro Restoration.,Certificate of Completion
 6) Hydro Restoration, Psychrometrics
 7) The Amended Complaint
 8) The Answer and Affirmative Defenses
 9) The Policy of Insurance issued by Universal Property and Casualtywith policynumber:
 1501-1804-4877
 10) Photos of the Propertytaken by JoglyGarcia on June 17, 2019.
 11) The Executed Proof of Loss, signedby the insureds on July 3, 2019
 12)DepositionTranscriptsof Mitchelle Ordonez, Plaintiff
 13)DepositionTranscripts
 of Doreen Ordonez, Plaintiff
 14)Deposition Transcriptsof Cristiano Nicolucci, Adjuster
 15)DepositionTranscriptsof Joseph North, General Contractor
 16)DepositionTranscriptsof Lee Ward, CorporateRepresentative
 17)Video dated May 21, 2019, [filename VTS 02 1 (l).VOBI taken by R&I plumbing
 Service,CORP.
 18)Invoice preparedby R&I plumbing Service,CORP. dated May 30, 2019
 19)Photos taken on May 31, 2019 by Hydro Restoration
 20) Nineteen Photos taken by the Plaintiffs ofthe plumbing work being conducted.
 PAGE 1 OF 3
 SnA/ERBERGIBRPEO, PLLC
 1695 NW 110?i Ave., Suite 224, Miami, FL 33172 ? Tel (305) 735-3966 ? Fax (305) 440-1055
 21) Invoice preparedby Monopoly plumbing on April 12,2019.
 22) PropertyAppraiser's Information for the subject property
 23) The Estimate created by SpecialtyPublic Adjusters,Inc. entered on June 27,2019.
 24) The Xactimate sketch of the subjectproperty created by SpecialtyPublic Adjusters,Inc.
 entered on June 27, 2019
 25) Correspondence from Hydro Restoration,LLC to Universal Property & CasualtyInsurance
 Company, Inc. dated July 9, 2019
 26) Correspondence issued by SilverbergIBrito
 dated June 3, 2019,
 27) Correspondence issued by Alder AdjustingDated June 13, 2019,
 28) Correspondence issued by Alder Adjustingdated July 9,2019,
 29) Correspondence issued by SilverbergIBrito
 dated July 18, 2019, with attachments
 30) Email to Universal Property and Casualtyfrom Silverbergbrito
 dated July 18, 2019
 31) Correspondence issued by SilverbergIBrito
 dated July 26, 2019, with attachments
 32) Correspondence issued by Alder Adjustingdated July26, 2019,
 33) Correspondenceissued by Alder Adjustingdated August 8, 2019
 34) Correspondence issued by SilverbergIBrito
 dated August 8, 2019, with attachments
 35) Email to Universal Property and Casualtyfrom Silverbergbrito
 dated August 8, 2019.
 36) Correspondence issued by Alder Adjustingdated August 28, 2019.
 37) Correspondence issued by SilverbergIBrito
 dated September 11,2019 with attachments.
 38) Correspondence issued by SilverbergIBrito
 dated September 30,2019.
 39) Denial Letter issued by Alder Adjustingdated October 28, 2019.
 40) Report Created by Luis Papaterra of Allied Engineering.
 41) All referenced documents and literature referenced within Luis Papterra'sreport
 PAGE 2 OF 3
 SnA/ERBERGIBRPEO, PLLC
 1695 NW 110?i Ave., Suite 224, Miami, FL 33172 ? Tel (305) 735-3966 ? Fax (305) 440-1055
 42) Defendant's responses to request for admissions
 43) Defendant's verified answers to interrogatories
 44) Photos taken by Cristiano Nicolucci.
 45) Photos taken by JosephNorth on November 3, 2021.
 46) Any and all photographs and/or videos regardingthis case
 47) Any and all estimates,reports, receipts,
 and/or invoices relatingto this case.
 48) Any and all depositionsin this case, includingexhibits.
 49) Any and all depositionsof the Defendant used in any other matter, includingexhibits.
 50) Any and all documents produced in accordance with any request for production.
 51) Any and all documents received in accordance with any request for production.
 52) Any and all documents received in accordance with any subpoena duces tecum.
 53) Any and all answers to request for admissions in this case.
 54) 1Any and all answers to interrogatories
 in this case.
 55) Any and all discoveryresponses in this case.
 56) All pleadingsin this case.
 57) The IICRC S500 and S520 guidelines.
 58) All documents designatedon Defendant's Exhibit List and pre trail st*ulation.
 59) Impeachment and Rebuttal Exhibits.
 60) Any and all documents regardingthe loss referenced in the Complaint.
 61) The Plaintiffs reserve the right to supplement and/or amend their exhibit list with
 reasonable notice to the Defendant.
 PAGE 3 OF 3
 SnA/ERBERGIBRPEO, PLLC
 1695 NW 110?i Ave., Suite 224, Miami, FL 33172 ? Tel (305) 735-3966 ? Fax (305) 440-1055
 :xlioi: "2"
 MITCHELLE R ORDONEZ, an individual,
 IN THE CIRCUIT COURT OF THE 17TH
 and DOREEN B ORDONEZ, an individual,
 JUDICIAL
 CIRCUIT
 IN
 AND FOR
 BROWARD COUNTY, FLORIDA
 Plaintiffs,
 V
 GENERAL JURISDICTION DIVISION
 UNIVERSAL
 PROPERTY
 &
 CASE NO.. CACE-19-021656
 CASUALTY INSURANCE COMPANY,
 a Florida governmental entity,
 Defendant.
 i
 NOTICE OF FILING PLAINTIFFS PROPOSED JURY INSTRUCTIONS
 The Plaintiffs,
 MITCHELLE R ORDONEZ, and DOREEN B ORDONEZ (collectively
 the
 "Plaintiffs"),
 by and throughthe undersignedcounsel hereby files their Proposed Jury Instructions.
 CERTIFICATE OF SERVICE
 WE HEREBY CERTIFY that a true copy ofthe foregoingwas furnished via E-mail to:
 Simone Boston, Esq., of UNIVERSAL PROPERTY & CASUALTY INSURANCE
 COMPANY., at upciceservice02@universalproperty.com;tj0521@universalproperty.com;
 sb0922@universalproperty.com;
 on this 19th day ofNovember, 2021
 SILVERBERGIBRITO, PLLC
 1695 NW 110thAvenue, Suite 224
 Miami. Florida 33126
 Tel: (305) 735-3966
 Fax: (305) 440-1055
 PrimaryEmail.teamdelta@silverbergbrito.com
 Secondary Email:eservice@silverbergbrito.com
 By-
 /s/Dalyz Limia
 Steven Silverberg,Esq.
 Florida Bar No. 113613
 Dalyz Limia, Esq.
 Florida Bar No. 1017895
 PAGE 1 OF 36
 SnA/ERBERGIBRPEO, PLLC
 1695 NW 110?i Avenue, Suite 224, Miami, FL 33172 ? Tel (305) 735-3966 ? Fax (305) 440-1055
 PLAINTIFFS' REQUESTED JURY INSTRUCTIONS NO. 1
 OATHS
 OATH OF JURORS BEFORE VOIR DIRE
 Do you solemnly swear or affirm that you will answer truthfullyall questionsasked of you as
 prospective
 jurors[so helpyou God]?
 OATH OF JUROR AFTER VOIR DIRE
 Do you solemnly swear or affirm that you will well and trulytry this case between the Plaintiffs
 MITCHELLE R ORDONEZ, and DOREEN B ORDONEZ and the Defendant UNIVERSAL
 PROPERTY & CASUALTY INSURANCE COMPANY, and a true verdict render accordingto
 the law and evidence [so help you Godl?
 OATH OF A WITNESS
 Do you solemnly swear or affirm that the evidence you are about to give will be the truth,the
 whole truth,and nothingbut the truth [sohelp you Godl?
 OATH OF AN INTERPRETER
 Do you solemnly swear or affirm that you will make a true interpretation
 to the witness of all
 questionsor statements made to [him] [her]in a languagewhich that person understands, and a
 true interpretation
 ofthe witness' statements into the English language [sohelp you God]?
 Source
 Florida Standard Jury Instructions - Contract and Business
 Cases Supreme Court Committee on Standard Jury
 Instructions,June 2013 Standard Instruction 101.1, 101.2 101.3,
 101.4
 Given
 Given as Modified
 Denied
 Withdrawn
 PAGE 2 OF 36
 SnA/ERBERGIBRPEO, PLLC
 1695 NW 110?i Avenue, Suite 224, Miami, FL 33172 ? Tel (305) 735-3966 ? Fax (305) 440-1055
 PLAINTIFFS' REQUESTED JURY INSTRUCTIONS NO. 2
 QUALIFICATIONS INSTRUCTION
 Many ofyou have cell phones, computers, and other electronic devices. Even though you have
 not yet been selected as a juror,there are some strict rules that you must follow about using your
 cell phones, electronic devices and computers. You must not use any device to search the Internet
 or to find out anythingrelated to any cases in the courthouse.
 Between now and when you have been dischargedfrom jury duty by the judge,you must not
 provide or receive any information about your jury service to anyone, including friends,co-
 workers, and familymembers. You may tell those who need to know where you are that you have
 been called for jury duty.If you are picked for a jury,you may tell people that you have been
 picked for a jury and how long the case may take. However, you must not give anyone any
 information about the case itself or the people involved in the case. You must also warn people
 not to try to say anything to you or write to you about your jury service or the case. This includes
 face-to-face,phone, or computer communications.
 In this age of electronic communication, I want to stress that you must not use electronic
 devices or computers to talk about this case, includingtweeting,texting,blogging,e-mailing,
 postinginformation on a website or chat room, or any other means at all. Do not send or accept
 any messages, includinge-mail and text messages, about your jury service. You must not disclose
 your thoughtsabout your jury service or ask for advice on how to decide any case.
 After you are called to the courtroom, the judge will giveyou specificinstructions about these
 matters. A judge will tell you when you are released from this instruction. All of us are depending
 on you to follow these rules,so that there will be a fair and lawful resolution of every case.
 Source
 Florida Standard Jury Instructions - Contract and Business
 Cases Supreme Court Committee on Standard Jury
 Instructions,
 June 2013 Standard Instruction 200
 Given
 Given as Modified
 Denied
 Withdrawn
 PAGE 3 OF 36
 SnA/ERBERGIBRPEO, PLLC
 1695 NW 110?i Avenue, Suite 224, Miami, FL 33172 ? Tel (305) 735-3966 ? Fax (305) 440-1055
 PLAINTIFFS' REQUESTED JURY INSTRUCTION No. 3
 DESCRIPTION OF THE CASE (BeforeVoir Dire)
 Welcome. The clerk will now administer your oath.
 Now that you have been sworn, I'd like to giveyou an idea about what we are here to do.
 This is a civil trial. A civil trial is different from a criminal case, where a defendant is charged by
 the state prosecutor with committing a crime. The subjectof a civil trial is a disagreementbetween
 people or companies, where the claims of one or more of these partieshas been brought to court
 to be resolved. It is called "a trial of a lawsuit."
 This case is about an insurance claim that MITCHELLE R ORDONEZ, and DOREEN B
 ORDONEZ made to UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY
 as a result of water damage from a failed plumbing system, whether the resultingdamage to the
 Property, and whether the applicableinsurance policy requiresthe insurance company to pay
 MITCHELLE R ORDONEZ, and DOREEN B ORDONEZ.
 The principalwitnesses who may testifyin this case are: MITCHELLE R ORDONEZ, and
 DOREEN B ORDONEZ, Luis Pappaterra,P.E.,Raulo Rivero, John Micali,Jogly Garcia,Javier
 Delgado, R&I Plumbing, Cristiano Nicolucci Field Adjuster,Eduardo Campos Claim Examiner,
 Camille Wilson, and the Corporate Representativeof UNIVERSAL PROPERTY & CASUALTY
 INSURANCE COMPANY.
 Source
 Florida Standard Jury Instructions - Contract and Business
 Cases Supreme Court Committee on Standard Jury
 Instructions,
 June 2013 Standard Instruction 201.1
 Given
 Given as Modified
 Denied
 Withdrawn
 PAGE 4 OF 36
 SnA/ERBERGIBRPEO, PLLC
 1695 NW 110?i Avenue, Suite 224, Miami, FL 33172 ? Tel (305) 735-3966 ? Fax (305) 440-1055
 PLAINTIFFS' REQUESTED JURY INSTRUCTION No. 4
 INTRODUCTION OF PARTICIPANTS AND THEIR ROLES (BeforeVoir Dire)
 I am the Judge. You may hear people occasionallyrefer to me as "The Court." That is the formal
 name for my role. My job is to maintain order and decide how to apply the rules ofthe law to the
 trial. I will also explainvarious rules to you that you will need to know in order to do your job as
 the jury.It is my job to remain neutral on the issues of this lawsuit.
 The attorneys to whom I will introduce you have the job of representingtheir clients. That is,they
 speak for their client here at the trial. They have taken oaths as attorneys to do their best and to
 follow the rules for their profession.
 The attorneys on this side of the courtroom: Benjamin R. Alvarez, Steven Silverberg,Carlos
 Rodriguez, and Dalyz Limia, represent MITCHELLE R ORDONEZ, and DOREEN B
 ORDONEZ, who are the people who filed the lawsuit here at the courthouse. Their job is to
 present their client's side ofthingsto you. They and their client will be referred to most ofthe time
 as "the plaintiff."
 The attorneys on this side of the courtroom, Simone Boston, Esq., represent UNIVERSAL
 PROPERTY & CASUALTY INSURANCE COMPANY, the one who has been sued. Their job is
 to present their client's side of thingsto you. They and their client will usuallybe referred to here
 as "the defendant."
 This person sitting
 in front o f me,
 is the court clerk.
 ,
 [Hel [Shel is here to assist
 me with some ofthe mechanics ofthe trial process, includingthe numbering and collection ofthe
 exhibits that are introduced in the course of the trial.
 The person sittingat the stenographicmachine,
 is the court
 ,
 reporter. [Hisl[Herl
 job is to keep an accurate legalrecord of everythingwe say and do duringthis trial.
 The person over there,
 is the bailiff.
 ,
 [Hisl[Her] job is to maintain order and
 securityin the courtroom. The bailiff is also my representativeto the jury.Anything you need or
 any problems that come up for you during the course of the trial should be brought to him.
 However, the bailiff cannot answer any of your questionsabout the case.
 Only I can do that.
 Last, but not least,is the jury,which we will begin to select in a few moments from among all of
 you. The jury'sjob will be to decide what the facts are and what the facts mean. Jurors should be
 as neutral as possibleat this pointand have no fixed opinionabout the lawsuit.
 In order to have a fair and lawful trial,there are rules that all jurorsmust follow. A basic rule is
 that jurorsmust decide the case only on the evidence presentedin the courtroom. You must not
 communicate with anyone, includingfriends and familymembers, about this case, the people and
 placesinvolved,or your jury service. You must not disclose your thoughtsabout this case or ask
 for advice on how to decide this case.
 PAGE 5 OF 36
 SnA/ERBERGIBRPEO, PLLC
 1695 NW 110?i Avenue, Suite 224, Miami, FL 33172 ? Tel (305) 735-3966 ? Fax (305) 440-1055
 I want to stress that this rule means you must not use electronic devices or computers to
 communicate about this case, includingtweeting, texting,blogging,e-mailing,posting information
 on a website or chat room, or any other means at all. Do not send or accept any messages to or
 from anyone about this case or your jury service.
 You must not do any research or look up words, names, [mapsl, or anythingelse that may have
 anythingto do with this case. This includes readingnewspapers, watching television or using a
 computer, cell phone, the Internet, any electronic device, or any other means at all,to get
 information related to this case or the people and placesinvolved in this case. This applieswhether
 you are in the courthouse, at home, or anywhere else.
 All ofus are depending on you to follow these rules,so that there will be a fair and lawful resolution
 to this case. Unlike questionsthat you may be allowed to ask in court, which will be answered in
 court in the presence of the judge and the parties,
 if you investigate,
 research or make inquirieson
 your own outside ofthe courtroom, the trial judge has no way to assure they are proper and relevant
 to the case. The partieslikewise have no opportunityto disputethe accuracy of what you find or
 to providerebuttal evidence to it.That is contrary to ourjudicialsystem, which assures every party
 the rightto ask questionsabout and rebut the evidence being considered againstit and to present
 argument with respect to that evidence. Non-court inquiriesand investigations
 unfairlyand
 improperly prevent the partiesfrom having that opportunityour judicialsystem promises. If you
 become aware of any violation ofthese instructions or any other instruction I give in this case, you
 must tell me by givinga note to the bailiff.
 Source
 Florida Standard Jury Instructions - Contract and Business
 Cases Supreme Court Committee on Standard Jury
 Instructions,
 June 2013 Standard Instruction 201.2
 Given
 Given as Modified
 Denied
 Withdrawn
 PAGE 6 OF 36
 SnA/ERBERGIBRPEO, PLLC
 1695 NW 110?i Avenue, Suite 224, Miami, FL 33172 ? Tel (305) 735-3966 ? Fax (305) 440-1055
 PLAINTIFFS' REQUESTED JURY INSTRUCTION No. 5
 EXPLANATION OF THE VOIRE DIRE PROCESS
 The last thing I want to do, before we begin to select the jury,is to explainto you how the
 selection process works.
 This is the part of the case where the partiesand their lawyershave the opportunityto get to
 know a little bit about you, in order to helpthem come to their own conclusions about your ability
 to be fair and impartial,
 so they can decide who they think should be the jurorsin this case.
 How we go about that is as follows: First,I'll ask some generalquestionsof you. Then, each
 of the lawyers will have more specificquestionsthat they will ask of you. After they have asked
 all oftheir questions,
 I will meet with them and theywill tell me their choices for jurors.Each side
 can ask that I exclude a person from servingon a jury iftheycan giveme a reason to believe that
 he or she might be unable to be fair and impartial.That is what is called a challengefor cause. The
 lawyers also have a certain number of what are called peremptory challenges,by which they may
 exclude a person from the jury without giving a reason. By this process of elimination,the
 remainingpersons are selected as the jury.It may take more than one conference among the parties,
 their attorneys, and me before the final selections are made.
 The questionsthat you will be asked during this process are not intended to embarrass you or
 unnecessarilypry into your personalaffairs,
 but it is importantthat the partiesand their attorneys
 know enough about you to make this importantdecision. If a questionis asked that you would
 prefernot to answer in front of the whole courtroom, justlet me know and you can come up here
 and give your answer justin front of the attorneys and me. If you have a questionof either the
 attorneys or me, don't hesitate to let me know.
 There are no rightor wrong answers to the questionsthat will be asked ofyou. The only thing
 that I ask is that you answer the questionsas franklyand as honestlyand as completelyas you can.
 You [willtakel [have takenl an oath to answer all questionstruthfullyand completely and you
 must do so. Remaining silent when you have information you should disclose is a violation ofthat
 oath as well. If a jurorviolates this oath, it not only may result in having to try the case all over
 againbut also can result in civil and criminal penaltiesagainsta jurorpersonally.So, again,it is
 very importantthat you be as honest and complete with your answers as you possiblycan. If you
 don't understand the question,pleaseraise your hand and ask for an explanationor clarification.
 In sum, this is a process to assist the partiesand their attorneys to select a fair and impartial
 jury.All ofthe questionsthey ask you are for this purpose. If,for any reason, you do not think you
 can be a fair and impartialjuror,you must tell us.
 Source
 Florida Standard Jury Instructions - Contract and Business
 Cases Supreme Court Committee on Standard Jury
 Instructions,June 2013 Standard Instruction 201.3
 Given
 Given as Modified
 Denied
 Withdrawn
 PAGE 7 OF 36
 SnA/ERBERGIBRPEO, PLLC
 1695 NW 110?i Avenue, Suite 224, Miami, FL 33172 ? Tel (305) 735-3966 ? Fax (305) 440-1055
 PLAINTIFFS' REQUESTED JURY INSTRUCTION No. 6
 AFTER JURY SELECTED AND SWORN
 You have now taken an oath to serve as jurorsin this trial. Before we begin,I am going to tell
 you about the rules of law that apply to this case and let you know what you can expect as the trial
 proceeds.
 It is my intention to give you most of the rules of law but it might be that I will not know for
 sure all ofthe law that will apply in this case until all of the evidence is presented.However, I can
 anticipatemost of the law and give it to you at the beginning of the trial so that you will better
 understand what to be lookingfor while the evidence is presented.If I later decide that different
 or additional law appliesto the case, I will tell you. In any event, at the end of the evidence I will
 give you the final instructions on which you must base your verdict. At that time, you will have a
 complete written set of the instructions so you do not have to memorize what I am about to tell
 you.
 Source
 Florida Standard Jury Instructions - Contract and Business
 Cases Supreme Court Committee on Standard Jury
 Instructions,June 2013 Standard Instruction 202.1
 Given
 Given as Modified
 Denied
 Withdrawn
 PAGE 8 OF 36
 SnA/ERBERGIBRPEO, PLLC
 1695 NW 110?i Avenue, Suite 224, Miami, FL 33172 ? Tel (305) 735-3966 ? Fax (305) 440-1055
 PLAINTIFFS' REQUESTED JURY INSTRUCTION No. 7
 EXPLANATION OF THE TRIAL PROCEDURE
 Now that you have heard the law, I want to let you know what you can expect as the trial
 proceeds.
 Opening Statements: In a few moments, the attorneys will each have a chance to make
 what are called opening statements. In an opening statement, an attorney is allowed to give you
 [hisl[her]views about what the evidence will be in the trial and what you are likelyto see and
 hear in the testimony.
 Evidentiary Phase: After the attorneys'opening statements the plaintiffs
 will bringtheir
 witnesses and evidence to you.
 Evidence: Evidence is the information that the law allows you to see or hear in deciding
 this case. Evidence includes the testimony of the witnesses,documents, and anythingelse that I
 instruct you to consider.
 Witnesses: A witness is a person who takes an oath to tell the truth and then answers
 attorneys'questionsfor the jury.The answering of attorneys'questionsby witnesses is called
 "givingtestimony."Testimony means statements that are made when someone has sworn an oath
 to tell the truth.
 The plaintiffs'
 lawyer will normally ask a witness the questionsfirst. That is called direct
 examination. Then the defense lawyer may ask the same witness additional questionsabout
 whatever the witness has testified to. That is called cross-examination. Certain documents or other
 evidence may also be shown to you during direct or cross-examination. After the plaintiffs'
 witnesses have testified,
 the defendant will have the opportunityto put witnesses on the stand and
 go throughthe same process. Then the plaintiffs'
 lawyer gets to do cross-examination. The process
 is designedto be fair to both sides.
 It is importantthat you remember that testimony comes from witnesses. The attorneys do
 not give testimonyand they are not themselves witnesses.
 Objections: Sometimes the attorneys will disagreeabout the rules for trial procedurewhen
 a questionis asked of a witness. When that happens, one of the lawyersmay make what is called
 an "objection."The rules for a trial can be complicated,and there are many reasons for attorneys
 to object.You should simply wait for me to decide how to proceed. If I say that an objectionis
 "sustained,"that means you should disregardthe questionand the witness may not answer the
 question.If I say that the objectionis "overruled,"that means the witness may answer the question.
 When there is an objectionand I make a decision,you must not assume from that decision
 that I have any particularopinion other than that the rules for conducting a trial are being correctly
 followed. If I say a questionmay not be asked or answered, you must not try to guess what the
 answer would have been. That is againstthe rules,as well.
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 Side Bar Conferences: Sometimes I will need to speak to the attorneys about legal
 elements of the case that are not appropriatefor the jury to hear. The attorneys and I will try to
 have as few of these conferences as possiblewhile you are givingus your valuable time in the
 courtroom. But, if we do have to have such a conference during testimony,we will try to hold the
 conference at the side of my desk so that we do not have to take a break and ask you to leave the
 courtroom.
 Recesses: Breaks in an ongoing trial are usuallycalled "recesses." During a recess you still
 have your duties as a jurorand must follow the rules,even while having coffee,at lunch, or at
 home.
 Instructions Before Closing Arguments: After all the evidence has been presentedto
 you, I will instruct you in the law that you must follow. It is importantthat you remember these
 instructions to assist you in evaluatingthe final attorney presentations,
 which come next, and, later,
 during your deliberations,to help you correctlysort through the evidence to reach your decision.
 Closing Arguments: The attorneys will then have the opportunityto make their final
 presentations
 to you, which are called closingarguments.
 Final Instructions: After you have heard the closingarguments, I will instruct you further
 in the law, as well as explainto you the procedures you must follow to decide the case.
 Deliberations: After you hear the final jury instructions,you will go to the juryroom and
 discuss and decide the questionsI have put on your verdict form. [You will have a copy ofthe jury
 instructions to use duringyour discussions.]The discussions you have and the decisions you make
 are usuallycalled "jurydeliberations." Your deliberations are absolutelyprivateand neither I,nor
 anyone else,will be with you in the juryroom.
 Verdict: When you have finished answering the questions,you will give the verdict form
 to the bailiff,
 and we will all return to the courtroom where your verdict will be read. When that is
 completed,you will be released from your assignment as a juror.
 What are the rules?
 Finally,before we begin the trial,I want to give you justa brief explanationof rules you
 must follow as the case proceeds.
 Keeping an Open Mind: You must pay close attention to the testimonyand other evidence
 as it comes into the trial. However, you must avoid forming any final opinion or tellinganyone
 else your views on the case until you begin your deliberations. This rule requiresyou to keep an
 open mind until you have heard all ofthe evidence and is designed to prevent you from influencing
 how your fellow jurorsthink until they have heard all of the evidence and had an opportunityto
 form their own opinions.The time and placefor coming to your final opinionsand speakingabout
 them with your fellow jurorsis duringdeliberations in the juryroom, after all of the evidence has
 been presented,closingarguments have been made, and I have instructed you on the law. It is
 importantthat you hear all of the facts and that you hear the law, and how to apply it,before you
 start decidinganything.
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 Consider Only the Evidence: It is the thingsyou hear and see in this courtroom that matter
 in this trial. The law tells us that a jurorcall consider only the testimony and other evidence that
 all the other jurorshave also heard and seen in the presence of the judge and the lawyers.Doing
 anything else is wrong and is againstthe law. That means that you must not do any work or
 investigation
 ofyour own about the case. You must not obtain on your own any information about
 the case or about anyone involved in the case, from any source whatsoever. This includes reading
 newspapers, watching television or using a computer, cell phone, the Internet,any electronic
 device, or any other means at all,to get information related to this case or the people and places
 involved in this case. This applieswhether you are in the courthouse, at home, or anywhere else.
 You must not visit placesmentioned in the trial or use the internet to look at maps or picturesto
 see any placediscussed duringtrial.
 Do not provide any information about this case to anyone, includingfriends or family
 members. Do not let anyone, includingthe closest familymembers, make comments to you or ask
 questions about the trial. Jurors must not have discussions of any sort with friends or family
 members about the case or the people and placesinvolved. So, do not let even the closest family
 members make comments to you or ask questionsabout the trial. In this age of electronic
 communication, I want to stress again that justas you must not talk about this case face-to-face,
 you must not talk about this case by using an electronic device. You must not use phones,
 computers, or other electronic devices to communicate. Do not send or accept any messages related
 to this case or your jury service. Do not discuss this case or ask for advice by any means at all,
 includingpostinginformation on an Internet website, chat room or blog.
 No Mid-Trial Discussions: When we are in a recess, do not discuss anything about the
 trial or the case with each other or with anyone else. If attorneys approach you, don't speak with
 them. The law says they are to avoid contact with you. Ifan attorney will not look at you or speak
 to you, do not be offended or form a conclusion about that behavior. The attorney is not supposed
 to interact with jurorsoutside ofthe courtroom and is only followingthe rules. The attorney is not
 being impolite.If an attorney or anyone else tries to speak with you, or says something about the
 case in your presence, pleaseinform the bailiff immediately.
 Only the Jury Decides: Only you get to deliberate and answer the verdict questionsat the
 end of the trial. I will not intrude into your deliberations at all. I am requiredto be neutral. You
 should not assume that I preferone decision over another. You should not try to guess what my
 opinion is about any part ofthe case. It would be wrong for you to conclude that anything I say or
 do means that I am for one side or another in the trial. Discussingand decidingthe facts is your
 job alone.
 Source
 Florida Standard Jury Instructions - Contract and Business
 Cases Supreme Court Committee on Standard Jury
 Instructions,
 June 2013 Standard Instruction 202.2
 Given
 Given as Modified
 Denied
 Withdrawn
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 PLAINTIFFS' REQUESTED JURY INSTRUCTION No. 8
 NOTE-TAKING BY JURORS
 If you would like to take notes during the trial,you may do so. On the other hand, of course,
 you are not requiredto take notes ifyou do not want to. That will be left up to you individually.
 You will be providedwith a note pad and a pen for use if you wish to take notes. Any notes
 that you take will be for your personaluse. However, you should not take them with you from the
 courtroom. During recesses, the bailiff will take possessionof your notes and will return them to
 you when we reconvene. After you have completed your deliberations,the bailiff will deliver your
 notes to me. They will be destroyed.No one will ever read your notes.
 If you take notes, do not get so involved in note-takingthat you become distracted from the
 proceedings.Your notes should be used only as aids to your memory.
 Whether or not you take notes, you should relyon your memory ofthe evidence and you should
 not be unduly influenced by the notes of other jurors.Notes are not entitled to any greater weight
 than each juror'smemory of the evidence.
 Source
 Florida Standard Jury Instructions - Contract and Business
 Cases Supreme Court Committee on Standard Jury
 Instructions,
 June 2013 Standard Instruction 202.3
 Given
 Given as Modified
 Denied
 Withdrawn
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 PLAINTIFFS' REQUESTED JURY INSTRUCTION No. 9
 JUROR QUESTIONS
 During the trial,you may have a questionyou think should be asked of a witness. If so, there
 is a procedure by which you may request that I ask the witness a question.After all the attorneys
 have completed their questioningofthe witness,you should raise your hand ifyou have a question.
 I will then giveyou sufficient time to write the questionon a pieceofpaper,fold it,and giveit to
 the bailiff,who will pass it to me. You must not show your questionto anyone or discuss it with
 anyone.
 I will then review the questionwith the attorneys. Under our law, only certain evidence may
 be considered by ajury in determininga verdict. You are bound by the same rules ofevidence that
 control the attorneys'questions.If I decide that the questionmay not be asked under our rules of
 evidence, I will tell you. Otherwise, I will direct the questionto the witness. The attorneys may
 then ask follow-up questionsif they wish. If there are additional questionsfrom jurors,we will
 follow the same procedure again.
 By providingthis procedure,I do not mean to suggest that you must or should submit written
 questionsfor witnesses. In most cases, the lawyers will have asked the necessary questions.
 Source
 Florida Standard Jury Instructions - Contract and Business
 Cases Supreme Court Committee on Standard Jury
 Instructions,June 2013 Standard Instruction 202.4
 Given
 Given as Modified
 Denied
 Withdrawn
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 PLAINTIFFS' REQUESTED JURY INSTRUCTION No. 10
 GREATER WEIGHT OF THE EVIDENCE
 "Greater weight ofthe evidence" means the more persuasiveand convincingforce and effect
 of the entire evidence in the case.
 Source
 Florida Standard Jury Instructions - 401.3
 Given
 Given as Modified
 Denied
 Withdrawn
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 PLAINTIFFS' REQUESTED JURY INSTRUCTION No. 11
 INTRODUCTION
 Members of the jury,you have now heard and received all of the evidence in this case. I
 am now going to tell you about the rules of law that you must use in reachingyour verdict. [You
 will recall at the beginning of the case I told you that if,at the end of the case I decided that
 different law applies,I would tell you so. These instructions are (slightly)
 different from what I
 gave you at the beginning and it is these rules of law that you must now follow.]When I finish
 telling
 you about the rules of law, the attorneys will present their final arguments and you will then
 retire to decide your verdict.
 Source
 Florida Standard Jury Instructions - 413.1
 Given
 Given as Modified
 Denied
 Withdrawn
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 PLAINTIFFS' REQUESTED JURY INSTRUCTION No. 12
 416.1
 Breach of Contract - Introduction
 MITCHELLE R ORDONEZ, and DOREEN B ORDONEZ claim that they and
 UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY entered into a written
 contract for insurance coverage to his home located at 610 SW 69 Way, Pembroke Pines,Florida
 33023 for coverage from August 21, 2018 to August 21, 2019.
 MITCHELLE R ORDONEZ, and DOREEN B ORDONEZ claims that during the
 coverage term, on or about April 5, 2019, his home sustained water damage due to a failed
 plumbing system and that the Defendant, UNIVERSAL PROPERTY & CASUALTY
 INSURANCE COMPANY promised to provide property insurance coverage for the residential
 property owned by the Plaintiffs,
 MITCHELLE R ORDONEZ, and DOREEN B ORDONEZ
 in exchange for payment ofthousands in premiums. The Plaintiffs,
 MITCHELLE R ORDONEZ,
 and DOREEN B ORDONEZ, believe that UNIVERSAL PROPERTY & CASUALTY
 INSURANCE COMPANY breached the Policy by denying insurance coverage and denying
 payment for the Loss. This breach of the Policyby UNIVERSAL PROPERTY & CASUALTY
 INSURANCE COMPANY has caused damages to the Plaintiffs,MITCHELLE R ORDONEZ,
 and DOREEN B ORDONEZ.
 UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY's response to
 MITCHELLE R ORDONEZ, and DOREEN B ORDONEZ' claim,is that the Loss was denied
 and excluded from coverage because they allegeall of MITCHELLE R ORDONEZ, and
 DOREEN B ORDONEZ' claimed damage are not covered under the terms and conditions ofthe
 insurance policy.
 Source
 Florida Standard Jury Instructions - 416.1
 Given
 Given as Modified
 Denied
 Withdrawn
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 PLAINTIFFS' REQUESTED JURY INSTRUCTION No. 13
 [SpecialInstructionlAll Risk Policy
 The specifictype of insurance contract involved in this case is called an all-risk insurance
 policy,which providesall-inclusive coverage. That is,an all-risk insurance policyautomatically
 providescoverage againstevery kind of loss that occurs within the Policyperiod,unless the loss
 is specifically
 and unambiguously excluded. Keeping in mind that ambiguous exclusionaryclauses
 are
 construed
 even more
 strictlyagainst UNIVERSAL
 PROPERTY & CASUALTY
 INSURANCE COMPANY than coverage clauses. 1
 Source
 See footnote
 Given
 Given as Modified
 Denied
 Withdrawn
 1 Fayad v. Clarendon Nat. Ins. Co., 899 So. 2d 1082, 1085 (Fla. 2005) (ruling that an all risk policy provides
 coverage unless the policy expressly excludes the loss from coverage); see also Wallach v. Rosenberg 527 So.
 2d 1386 (Fla. 3d DCA 1988).
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 PLAINTIFF'S REQUESTED JURY INSTRUCTION No. 14
 [SpecialInstruction]
 Prompt Notice
 Prompt Notice means notice of an incident needs to be givenwith reasonable dispatchand within
 a reasonable time in view of all the facts and circumstances surrounding MITCHELLE R
 ORDONEZ, and DOREEN B ORDONEZ at that time including but not limited to the
 Defendant's actions and when the Defendant inspectedafter being providednotice.
 Given
 Given as Modified
 Denied
 Withdrawn
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 PLAINTIFF'S REQUESTED JURY INSTRUCTION No. 15
 [SpecialInstruction]RebuttingPresumption of Prejudiceof Late Notice
 If you find that the greater weight of the evidence that prompt notice was not provided as shown
 by the previousinstruction,
 then Plaintiffbears the burden ofproving,by the greater weight of the
 evidence, that the allegedlate notice provided did not prejudicethe Defendant's abilityto
 investigate
 and evaluate this claim.
 To satisfythis burden, the Plaintiffs must submit evidence creatinga genuine issue ofmaterial fact
 as to3:
 1) Whether better conclusions could have been drawn without the delay in providingnotice;
 2) Whether those conclusions could have been drawn more easily;
 3) Whether the repairsto the affected areas that took placein the interim would complicate
 an evaluation ofthe extent ofthe damage or [theinsured's]efforts to mitigateits damages;
 or
 4) Whether an investigation
 conducted immediately followingthe occurrence would not have
 disclosed anythingmateriallydifferent from that disclosed by the delayedinvestigation
 Given
 Given as Modified
 Denied
 Withdrawn
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 PLAINTIFF'S REQUESTED JURY INSTRUCTION No. 16
 [SpecialInstruction]Permanent Repairs
 The Plaintiffs' are allowed under the policy to perform permanent repairswhen necessary to
 protect the property from further damage or to prevent unwanted entry to the property.
 Given
 Given as Modified
 Denied
 Withdrawn
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 PLAINTIFFS' REQUESTED JURY INSTRUCTION No. 17
 Issue on Plaintiffs' Claim
 SpecialInstruction - AFFIRMATIVE DEFENSE - FRAUD
 To establish the defense of fraud,UNIVERSAL PROPERTY & CASUALTY INSURANCE
 COMPANY must prove ALL ofthe following:
 1.
 Mitchelle R Ordonez and Doreen B Ordonez made a representationto the insurance
 company and that representation
 was material to the Claim;
 2.
 Mitchelle R Ordonez and Doreen B Ordonez willfully,
 knowingly,and intentionally
 knew
 that the representation
 was false;and
 3.
 UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY relied on the
 representation.
 For this defense "[0]verestimating
 the value,a mistake, or inadvertence is not sufficient to void
 the
 ,,2
 policy.
 Because reasonable persons "may differ as to the values which they placeon particularobjects,
 the rule voiding a policyof insurance will not apply in its severityunless the proof of the false
 swearingwas such that no other conclusion can be drawn than that a purposefulmisrepresentation
 was intended. 3
 "Mere overvaluation is not, in the absence of fraud,such a misrepresentationas will avoid the
 ,,4
 policy.'
 To void coverage under such a clause after a loss,the insurer must show "a wi[1]lful,
 purposeful
 misrepresentationof facts having substantial materialityunder circumstances to which the law
 would attribute the intention to defraud,... that is,cheat,deceive and cause the insurer to do other
 than
 5
 that which would have been done had the truth been told."
 On this defense,UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY may
 relyon a false statement, even though its falsitycould have been discovered if UNIVERSAL
 PROPERTY & CASUALTY INSURANCE COMPANY had made an investigation.However,
 UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY may not relyon a false
 statement if it knew it was false or its falsity
 was obvious to it. In making this determination,you
 should consider the totality
 of the circumstances surroundingthe type of information transmitted,
 the nature of the communication between the parties,
 and the relative positionsofthe parties.
 2 See Anchor Property & Casualty Insurance Company v. Trg No.4?20-814 (Fla.4th DCA June 2,2021)
 (citingAlvarezv. State Farm, 305 So. 3d at 7 n.1)).
 3 Id. tcidng Berkshire Mut. Ins. Co. v. Moffett,318F.ld 1007, 1012 (5th Cir. 1967))
 4 Id. (citingSteven Plitt et al.,6A Couch on Insurance § 93:8 (3d. ed. 2020 update)).
 5 Id (citingFreundlich v. Ace Ins. Co. of Midwest, No. 17-24435-CIV, 2018 WL 6261514, at *2 (S.D. Fla. Sept.
 6, 2018)).
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 Furthermore, "an opinion,belief,or expectationalthough untrue and restingupon no
 information, is not such a false representation
 to constitute fraud. ,,6
 Still,the concepts of materialityand reliance are intertwined because the materialityof a
 7
 misrepresentation
 turns on its likelihood of inducingreliance in a reasonable person.
 Finally,UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY bears the
 burden of proving the above by a standard of the "greaterweight of the evidence."
 Source
 Florida Standard Jury Instructions - 416.28;,8
 Given
 Given as Modified
 Denied
 Withdrawn
 6' See, e.g., Thompson, 862 So. 2d at 770 (citingGlass v. Craig 91 So. 332,335 (1922).
 7 See Anchor Prope