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Filing # 77479559 E-Filed 09/05/2018 04:40:49 PM
IN THE CIRCUIT COURT OF THE
NINETEENTH JUDICIAL CIRCUIT IN AND
FOR ST. LUCIE COUNTY, FLORIDA
CASE NO.: 2018-CA-001071
DIVISION: (Judge Janet C. Croom)
ARMANDO PEREZ,
v.
Plaintiff,
ASI PREFERRED INSURANCE CORP.,
Defendant.
/
DEFENDANT’S RESPONSE TO PLAINTIFE’S REQUEST FOR ADMISSIONS
COMES NOW the Defendant, ASI PREFERRED INSURANCE CORP. (hereinafter
“ASI”), by and through its undersigned counsel, and pursuant to the Florida Rules of Civil
Procedure, Rule 1.370 hereby responds to Plaintiff's Requests for Admission served with the
Complaint as follows:
1.
Admit that on the date of the alleged loss described in the Complaint that the policy
described in the Complaint was in full force and effect.
RESPONSE:
ASI admits only that it issued a homeowner’s insurance policy to Armando Perez,
bearing policy number FLP 182469, for the property located at 3709 SW Haines Street,
Port St. Lucie, Florida 34953, with effective dates of February 20, 2017 through
February 20, 2018. ASI would further state that the policy speaks for itself.
Admit that Plaintiff is named insured under the insurance policy described in the
Complaint.
RESPONSE:
ASI admits only that it issued a homeowner’s insurance policy to Armando Perez,
bearing policy number FLP182469, for the property located at 3709 SW Haines Street,
Port St. Lucie, Florida 34953, with effective dates of February 20, 2017 throughFebruary 20, 2018. ASI would further state that the policy speaks for itself.
Admit that the premises described in the Complaint are the insured premises under the
insurance policy described in the Complaint.
RESPONSE:
ASI admits only that it issued a homeowner’s insurance policy to Armando Perez,
bearing policy number FLP182469, for the property located at 3709 SW Haines Street,
Port St. Lucie, Florida 34953, with effective dates of February 20, 2017 through
February 20, 2018. ASI would further state that the policy speaks for itself.
Admit that prior to the institution of this action, Plaintiff made a claim under the Policy
described in the Complaint for a loss which Plaintiff claims occurred the date of loss
described in the Complaint.
RESPONSE:
ASI admits that Plaintiff reported the claim set forth in the Plaintiff’s Complaint on
September 14, 2017 for damages alleged to have occurred on September 10, 2017.
Admit that Defendant assigned the claim number to the subject loss as a described in the
Complaint.
RESPONSE:
ASI admits that it assigned claim # 496807-171013 to the subject loss alleged to have
occurred on September 10, 2017.
Admit that Plaintiff did not fail to comply with any request that may have been made by
Defendant for Plaintiff to submit a Sworn Proof of Loss of the alleged loss.
RESPONSE:
ASI admits only that it did not request that Plaintiff submit a Sworn Proof of Loss.
Admit that Plaintiff did not fail to comply with any request that may have been made by
Defendant for Plaintiff to submit to examination under oath for the alleged loss.
RESPONSE:
ASI admits only that it did not request that Plaintiff submit to an Examination Under
Oath.
Admit that Plaintiff permitted Defendant access to the premises described in the subject10.
11.
12.
13.
policy after the date of the alleged loss.
RESPONSE:
ASI admits only that Plaintiff permitted access to the subject property for inspections
on October 9, 2017 and May 22, 2018.
Admit that Defendant acknowledged coverage for the loss described in the Complaint.
RESPONSE:
ASI admits that coverage was acknowledged, and payment was issued in accordance
with the damages and in accordance with the insurance policy, and that ASI does not
have any further responsibility for the loss. ASI denies the remainder of Paragraph
9 of the Plaintiff’s Request for Admissions.
Admit that Defendant made a payment of insurance benefits to, or for the benefit of,
Plaintiff for the alleged loss described in the Complaint.
RESPONSE:
ASI admits that payment was issued in accordance with the damages and in
accordance with the insurance policy, and that ASI does not have any further
responsibility for the loss. ASI denies the remainder of Paragraph 10 of the Plaintiff’s
Request for Admissions.
Admit that Defendant acknowledged insurance for claim number 496807-171013.
RESPONSE:
ASI admits that coverage was acknowledged, and payment was issued in accordance
with the damages and in accordance with the insurance policy, and that ASI does not
have any further responsibility for the loss. ASI denies the remainder of Paragraph
11 of the Plaintiff’s Request for Admissions.
Admit that Defendant made payment of insurance benefits to, or for the benefit of Plaintiff
under claim number 496807-17103.
RESPONSE:
ASI admits that payment was issued in accordance with the damages and in
accordance with the insurance policy, and that ASI does not have any further
responsibility for the loss. ASI denies the remainder of Paragraph 12 of the Plaintiffs
Request for Admissions.
Admit that Defendant believes that Plaintiff is not entitled to any more insurance benefits14.
15.
16.
17.
for claim number 496807-171013 than what has already been paid by Defendant prior for
the filing of this lawsuit.
RESPONSE:
ASI admits the allegations contained in Paragraph 13 of the Plaintiff's Request for
Admissions.
Admit that prior to the service of process upon Defendant in this action that Plaintiff
notified Defendant that Plaintiff disagreed with Defendant’s evaluation as to the total
amount of the actual case value of the loss.
RESPONSE:
ASI admits that Plaintiff provided an estimate from T&E Group, Inc. on April 25,
2018. ASI denies the remainder of the allegations contained in Paragraph 15 of
Plaintiff’s Request for Admissions.
Admit that prior to the service of process upon Defendant in this action that Plaintiff
submitted to Defendant a written estimate of repairs for the damage alleged to have
occurred by reason of the loss.
RESPONSE:
ASI admits that Plaintiff provided an estimate from T&E Group, Inc. on April 25,
2018. ASI denies the remainder of the allegations contained in Paragraph 15 of
Plaintiff’s Request for Admissions.
Admit that prior to the service of process upon Defendant in this action that Plaintiff
submitted to Defendant a written estimate of repairs in an amount greater than the amount
of the estimate of damages relied upon by Defendant in making payment of insurance
benefits due Plaintiff as a result of the loss.
RESPONSE:
ASI admits that Plaintiff provided an estimate from T&E Group, Inc. on April 25,
2018 and that the amount of the estimate exceeded the amount of payment. ASI
further states that it issued payment in accordance with the damages and in
accordance with the insurance policy, and that ASI does not have any further
responsibility for the loss. ASI denies the remainder of the allegations contained in
Paragraph 16 of Plaintiff’s Request for Admissions.
Admit that there is a disagreement between the parties as to the total amount of the actual
cash value payment that Plaintiff was and is entitled to as a result of the loss.
RESPONSE:ASI admits that Plaintiff provided an estimate from T&E Group, Inc. on April 25,
2018 and that the amount of the estimate exceeded the amount of payment. ASI
further states that it issued payment in accordance with the damages and in
accordance with the insurance policy, and that ASI does not have any further
responsibility for the loss. ASI denies the remainder of the allegations contained in
Paragraph 17 of Plaintiff’s Request for Admissions.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing has been furnished via electronic
delivery to Kenneth R. Duboff, Esquire, Duboff Law Firm, 680 NE 127 Street, North Miami, FL
33161 via the following designated e-mail address: CourtDocument@DuboffLawFirm.com on
this 5" day of September, 2018.
MICHAELA D. SCHEIHING; ATTORNEY AT LAW
Florida Bar Number 0931853
Southeast Law Group, P.A.
1825 Business Park Blvd., Suite A
Daytona Beach, FL 32114
Office: (386) 274-1700
Attorneys for Defendant
mscheihing@southeastlaw.com
kmarye@southeastlaw.com
dfrantzman@southeastlaw.com
Preview
Filing # 77479559 E-Filed 09/05/2018 04:40:49 PM IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR ST. LUCIE COUNTY, FLORIDA CASE NO.: 2018-CA-001071 DIVISION: (Judge Janet C. Croom) ARMANDO PEREZ, v. Plaintiff, ASI PREFERRED INSURANCE CORP., Defendant. / DEFENDANT’S RESPONSE TO PLAINTIFE’S REQUEST FOR ADMISSIONS COMES NOW the Defendant, ASI PREFERRED INSURANCE CORP. (hereinafter “ASI”), by and through its undersigned counsel, and pursuant to the Florida Rules of Civil Procedure, Rule 1.370 hereby responds to Plaintiff's Requests for Admission served with the Complaint as follows: 1. Admit that on the date of the alleged loss described in the Complaint that the policy described in the Complaint was in full force and effect. RESPONSE: ASI admits only that it issued a homeowner’s insurance policy to Armando Perez, bearing policy number FLP 182469, for the property located at 3709 SW Haines Street, Port St. Lucie, Florida 34953, with effective dates of February 20, 2017 through February 20, 2018. ASI would further state that the policy speaks for itself. Admit that Plaintiff is named insured under the insurance policy described in the Complaint. RESPONSE: ASI admits only that it issued a homeowner’s insurance policy to Armando Perez, bearing policy number FLP182469, for the property located at 3709 SW Haines Street, Port St. Lucie, Florida 34953, with effective dates of February 20, 2017 throughFebruary 20, 2018. ASI would further state that the policy speaks for itself. Admit that the premises described in the Complaint are the insured premises under the insurance policy described in the Complaint. RESPONSE: ASI admits only that it issued a homeowner’s insurance policy to Armando Perez, bearing policy number FLP182469, for the property located at 3709 SW Haines Street, Port St. Lucie, Florida 34953, with effective dates of February 20, 2017 through February 20, 2018. ASI would further state that the policy speaks for itself. Admit that prior to the institution of this action, Plaintiff made a claim under the Policy described in the Complaint for a loss which Plaintiff claims occurred the date of loss described in the Complaint. RESPONSE: ASI admits that Plaintiff reported the claim set forth in the Plaintiff’s Complaint on September 14, 2017 for damages alleged to have occurred on September 10, 2017. Admit that Defendant assigned the claim number to the subject loss as a described in the Complaint. RESPONSE: ASI admits that it assigned claim # 496807-171013 to the subject loss alleged to have occurred on September 10, 2017. Admit that Plaintiff did not fail to comply with any request that may have been made by Defendant for Plaintiff to submit a Sworn Proof of Loss of the alleged loss. RESPONSE: ASI admits only that it did not request that Plaintiff submit a Sworn Proof of Loss. Admit that Plaintiff did not fail to comply with any request that may have been made by Defendant for Plaintiff to submit to examination under oath for the alleged loss. RESPONSE: ASI admits only that it did not request that Plaintiff submit to an Examination Under Oath. Admit that Plaintiff permitted Defendant access to the premises described in the subject10. 11. 12. 13. policy after the date of the alleged loss. RESPONSE: ASI admits only that Plaintiff permitted access to the subject property for inspections on October 9, 2017 and May 22, 2018. Admit that Defendant acknowledged coverage for the loss described in the Complaint. RESPONSE: ASI admits that coverage was acknowledged, and payment was issued in accordance with the damages and in accordance with the insurance policy, and that ASI does not have any further responsibility for the loss. ASI denies the remainder of Paragraph 9 of the Plaintiff’s Request for Admissions. Admit that Defendant made a payment of insurance benefits to, or for the benefit of, Plaintiff for the alleged loss described in the Complaint. RESPONSE: ASI admits that payment was issued in accordance with the damages and in accordance with the insurance policy, and that ASI does not have any further responsibility for the loss. ASI denies the remainder of Paragraph 10 of the Plaintiff’s Request for Admissions. Admit that Defendant acknowledged insurance for claim number 496807-171013. RESPONSE: ASI admits that coverage was acknowledged, and payment was issued in accordance with the damages and in accordance with the insurance policy, and that ASI does not have any further responsibility for the loss. ASI denies the remainder of Paragraph 11 of the Plaintiff’s Request for Admissions. Admit that Defendant made payment of insurance benefits to, or for the benefit of Plaintiff under claim number 496807-17103. RESPONSE: ASI admits that payment was issued in accordance with the damages and in accordance with the insurance policy, and that ASI does not have any further responsibility for the loss. ASI denies the remainder of Paragraph 12 of the Plaintiffs Request for Admissions. Admit that Defendant believes that Plaintiff is not entitled to any more insurance benefits14. 15. 16. 17. for claim number 496807-171013 than what has already been paid by Defendant prior for the filing of this lawsuit. RESPONSE: ASI admits the allegations contained in Paragraph 13 of the Plaintiff's Request for Admissions. Admit that prior to the service of process upon Defendant in this action that Plaintiff notified Defendant that Plaintiff disagreed with Defendant’s evaluation as to the total amount of the actual case value of the loss. RESPONSE: ASI admits that Plaintiff provided an estimate from T&E Group, Inc. on April 25, 2018. ASI denies the remainder of the allegations contained in Paragraph 15 of Plaintiff’s Request for Admissions. Admit that prior to the service of process upon Defendant in this action that Plaintiff submitted to Defendant a written estimate of repairs for the damage alleged to have occurred by reason of the loss. RESPONSE: ASI admits that Plaintiff provided an estimate from T&E Group, Inc. on April 25, 2018. ASI denies the remainder of the allegations contained in Paragraph 15 of Plaintiff’s Request for Admissions. Admit that prior to the service of process upon Defendant in this action that Plaintiff submitted to Defendant a written estimate of repairs in an amount greater than the amount of the estimate of damages relied upon by Defendant in making payment of insurance benefits due Plaintiff as a result of the loss. RESPONSE: ASI admits that Plaintiff provided an estimate from T&E Group, Inc. on April 25, 2018 and that the amount of the estimate exceeded the amount of payment. ASI further states that it issued payment in accordance with the damages and in accordance with the insurance policy, and that ASI does not have any further responsibility for the loss. ASI denies the remainder of the allegations contained in Paragraph 16 of Plaintiff’s Request for Admissions. Admit that there is a disagreement between the parties as to the total amount of the actual cash value payment that Plaintiff was and is entitled to as a result of the loss. RESPONSE:ASI admits that Plaintiff provided an estimate from T&E Group, Inc. on April 25, 2018 and that the amount of the estimate exceeded the amount of payment. ASI further states that it issued payment in accordance with the damages and in accordance with the insurance policy, and that ASI does not have any further responsibility for the loss. ASI denies the remainder of the allegations contained in Paragraph 17 of Plaintiff’s Request for Admissions. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing has been furnished via electronic delivery to Kenneth R. Duboff, Esquire, Duboff Law Firm, 680 NE 127 Street, North Miami, FL 33161 via the following designated e-mail address: CourtDocument@DuboffLawFirm.com on this 5" day of September, 2018. MICHAELA D. SCHEIHING; ATTORNEY AT LAW Florida Bar Number 0931853 Southeast Law Group, P.A. 1825 Business Park Blvd., Suite A Daytona Beach, FL 32114 Office: (386) 274-1700 Attorneys for Defendant mscheihing@southeastlaw.com kmarye@southeastlaw.com dfrantzman@southeastlaw.com