On June 08, 2018 a
Jury Demand
was filed
involving a dispute between
Perez, Armando,
and
Asi Preferred Insurance Corp,
for Circuit Civil
in the District Court of St. Lucie County.
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Filing # 76345324 E-Filed 08/13/2018 01:19:07 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,
Plaintiff,
Vv.
ASI PREFERRED INSURANCE CORP.,
Defendant.
/
DEFENDANT’S ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFE’S
COMPLAINT FOR DAMAGES WITH DEMAND FOR JURY TRIAL
COMES NOW, Defendant, ASI PREFERRED INSURANCE CORP. (“ASI” or
“Defendant”), by and through its undersigned counsel, and herein files its Answer and Affirmative
Defenses to Plaintiff’s Complaint for Damages with demand for jury trial, as follows:
1. ASI admits the allegations contained in Paragraph 1 for jurisdictional purposes
only. ASI denies the remainder of Paragraph 1 of the Plaintiff's Complaint.
2. ASI admits the allegations of Paragraph 2 for jurisdictional purposes only.
3. ASI admits the allegations contained in Paragraph 3 for jurisdictional purposes
only.
4. ASI admits the allegations contained in Paragraph 4 for jurisdictional purposes
only.
5. ASI admits the existence of Policy No. FLP182469 issued to Armando Perez for
the property located at 3709 SW Haines Street, Port St. Lucie, FL 34953, with effective dates of
February 20, 2017 to February 20, 2018. The liability of ASI to Plaintiff, if any, is limited to theterms and conditions of the subject policy along with the limits of liability contained therein. Each
and every other allegation referable to the insurance coverage afforded to Plaintiff by ASI is hereby
denied and strict proof demanded thereon. Exhibit “A” attached to the Plaintiffs Complaint
appears to be a condensed version of the policy at issue.
6. ASI admits the existence of Policy No. FLP182469 issued to Armando Perez for
the property located at 3709 SW Haines Street, Port St. Lucie, FL 34953, with effective dates of
February 20, 2017 to February 20, 2018. The liability of ASI to Plaintiff, if any, is limited to the
terms and conditions of the subject policy along with the limits of liability contained therein. Each
and every other allegation referable to the insurance coverage afforded to Plaintiff by ASI is hereby
denied and strict proof demanded thereon.
7. ASI admits that on or about September 10, 2017, while the policy was in effect, the
subject property sustained a covered loss and that ASI made payment in full for the damages
sustained pursuant to the policy terms and conditions. Therefore, ASI has no further obligation to
Plaintiff. Each and every other allegation contained in Paragraph 7 is denied.
8. ASI admits the allegations contained in Paragraph 8 of the Plaintiffs Complaint.
9. ASI admits that the subject property sustained a covered loss and that ASI made
payment in full for the damages sustained pursuant to the terms and conditions of the subject
policy. Therefore, ASI has no further obligation to Plaintiff. Each and every other allegation
contained in Paragraph 9 is denied.
10. ASI states that the liability of ASI to Plaintiff, if any, is limited to the terms and
conditions of the subject policy along with the limits of liability contained therein. Each and every
other allegation referable to the insurance coverage afforded to Plaintiff by ASI is hereby denied
and strict proof demanded thereon.11. ASI states that the liability of ASI to Plaintiff, if any, is limited to the terms and
conditions of the subject policy along with the limits of liability contained therein. Each and every
other allegation referable to the insurance coverage afforded to Plaintiff by ASI is hereby denied
and strict proof demanded thereon.
12. ASI admits that it made payment in full for the damages sustained pursuant to the
terms and conditions of the subject insurance policy. Therefore, ASI has no further obligation to
Plaintiff. Each and every other allegation contained in Paragraph 12 is denied.
13. ASI admits that it received a correspondence from Plaintiff providing an estimate
of the alleged damages. ASI denies that the estimate is an accurate reflection of the covered
damages at the subject property or that Plaintiff is entitled to any additional payments under the
policy. Each and every other allegation contained in Paragraph 13 is denied.
14. ASI admits that it received an estimate of the alleged damages from Plaintiff. ASI
denies that the estimate is an accurate reflection of the covered damages at the subject property or
that Plaintiff is entitled to any additional payments under the policy. Each and every other
allegation contained in Paragraph 14 is denied.
15. ASI denies the allegations contained in Paragraph 15 of the Plaintiff's Complaint
and demands strict proof thereof.
16. ASI denies the allegations contained in Paragraph 16 of the Plaintiffs Complaint
demands strict proof thereof.
17. ASI is without sufficient knowledge as to the arrangement between Plaintiff and
his counsel so ASI denies the allegations contained in Paragraph 17. However, ASI admits that
Florida Statute §627.428 and any interpretive case law would permit recovery of reasonable
attorney’s fees and costs should Plaintiff prevail in this suit.GENERAL DENIAL
ASI hereby denies any and all allegations not expressly admitted above and demands strict
proof thereon.
DEMAND FOR JURY TRIAL
ASI hereby demands a trial by jury on all issues so triable.
AFFIRMATIVE DEFENSES
FIRST AFFIRMATIVE DEFENSE
ASI affirmatively asserts that it has made payment within the terms and conditions of its
policy of insurance to or on behalf of Plaintiff for all damages for which it may have any
responsibility.
SECOND AFFIRMATIVE DEFENSE
ASI affirmatively asserts that it is entitled to a set-off and/or credit for all monies paid to
or on behalf of Plaintiff in regard to this loss in the event of an award of damages to Plaintiff.
THIRD AFFIRMATIVE DEFENSE
ASI affirmatively asserts that the Plaintiffs right to recovery, if any, is subject to the
hurricane deductible of $4,620.00 contained in the subject policy.
[CERTIFICATE OF SERVICE ON FOLLOWING PAGE]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 13" day of August, 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
Attomeys for Defendant
mscheihing@southeastlaw.com
kmarye@southeastlaw.com
dfrantzman@southeastlaw.com
Document Filed Date
August 13, 2018
Case Filing Date
June 08, 2018
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Filing # 76345324 E-Filed 08/13/2018 01:19:07 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, Plaintiff, Vv. ASI PREFERRED INSURANCE CORP., Defendant. / DEFENDANT’S ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFE’S COMPLAINT FOR DAMAGES WITH DEMAND FOR JURY TRIAL COMES NOW, Defendant, ASI PREFERRED INSURANCE CORP. (“ASI” or “Defendant”), by and through its undersigned counsel, and herein files its Answer and Affirmative Defenses to Plaintiff’s Complaint for Damages with demand for jury trial, as follows: 1. ASI admits the allegations contained in Paragraph 1 for jurisdictional purposes only. ASI denies the remainder of Paragraph 1 of the Plaintiff's Complaint. 2. ASI admits the allegations of Paragraph 2 for jurisdictional purposes only. 3. ASI admits the allegations contained in Paragraph 3 for jurisdictional purposes only. 4. ASI admits the allegations contained in Paragraph 4 for jurisdictional purposes only. 5. ASI admits the existence of Policy No. FLP182469 issued to Armando Perez for the property located at 3709 SW Haines Street, Port St. Lucie, FL 34953, with effective dates of February 20, 2017 to February 20, 2018. The liability of ASI to Plaintiff, if any, is limited to theterms and conditions of the subject policy along with the limits of liability contained therein. Each and every other allegation referable to the insurance coverage afforded to Plaintiff by ASI is hereby denied and strict proof demanded thereon. Exhibit “A” attached to the Plaintiffs Complaint appears to be a condensed version of the policy at issue. 6. ASI admits the existence of Policy No. FLP182469 issued to Armando Perez for the property located at 3709 SW Haines Street, Port St. Lucie, FL 34953, with effective dates of February 20, 2017 to February 20, 2018. The liability of ASI to Plaintiff, if any, is limited to the terms and conditions of the subject policy along with the limits of liability contained therein. Each and every other allegation referable to the insurance coverage afforded to Plaintiff by ASI is hereby denied and strict proof demanded thereon. 7. ASI admits that on or about September 10, 2017, while the policy was in effect, the subject property sustained a covered loss and that ASI made payment in full for the damages sustained pursuant to the policy terms and conditions. Therefore, ASI has no further obligation to Plaintiff. Each and every other allegation contained in Paragraph 7 is denied. 8. ASI admits the allegations contained in Paragraph 8 of the Plaintiffs Complaint. 9. ASI admits that the subject property sustained a covered loss and that ASI made payment in full for the damages sustained pursuant to the terms and conditions of the subject policy. Therefore, ASI has no further obligation to Plaintiff. Each and every other allegation contained in Paragraph 9 is denied. 10. ASI states that the liability of ASI to Plaintiff, if any, is limited to the terms and conditions of the subject policy along with the limits of liability contained therein. Each and every other allegation referable to the insurance coverage afforded to Plaintiff by ASI is hereby denied and strict proof demanded thereon.11. ASI states that the liability of ASI to Plaintiff, if any, is limited to the terms and conditions of the subject policy along with the limits of liability contained therein. Each and every other allegation referable to the insurance coverage afforded to Plaintiff by ASI is hereby denied and strict proof demanded thereon. 12. ASI admits that it made payment in full for the damages sustained pursuant to the terms and conditions of the subject insurance policy. Therefore, ASI has no further obligation to Plaintiff. Each and every other allegation contained in Paragraph 12 is denied. 13. ASI admits that it received a correspondence from Plaintiff providing an estimate of the alleged damages. ASI denies that the estimate is an accurate reflection of the covered damages at the subject property or that Plaintiff is entitled to any additional payments under the policy. Each and every other allegation contained in Paragraph 13 is denied. 14. ASI admits that it received an estimate of the alleged damages from Plaintiff. ASI denies that the estimate is an accurate reflection of the covered damages at the subject property or that Plaintiff is entitled to any additional payments under the policy. Each and every other allegation contained in Paragraph 14 is denied. 15. ASI denies the allegations contained in Paragraph 15 of the Plaintiff's Complaint and demands strict proof thereof. 16. ASI denies the allegations contained in Paragraph 16 of the Plaintiffs Complaint demands strict proof thereof. 17. ASI is without sufficient knowledge as to the arrangement between Plaintiff and his counsel so ASI denies the allegations contained in Paragraph 17. However, ASI admits that Florida Statute §627.428 and any interpretive case law would permit recovery of reasonable attorney’s fees and costs should Plaintiff prevail in this suit.GENERAL DENIAL ASI hereby denies any and all allegations not expressly admitted above and demands strict proof thereon. DEMAND FOR JURY TRIAL ASI hereby demands a trial by jury on all issues so triable. AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE ASI affirmatively asserts that it has made payment within the terms and conditions of its policy of insurance to or on behalf of Plaintiff for all damages for which it may have any responsibility. SECOND AFFIRMATIVE DEFENSE ASI affirmatively asserts that it is entitled to a set-off and/or credit for all monies paid to or on behalf of Plaintiff in regard to this loss in the event of an award of damages to Plaintiff. THIRD AFFIRMATIVE DEFENSE ASI affirmatively asserts that the Plaintiffs right to recovery, if any, is subject to the hurricane deductible of $4,620.00 contained in the subject policy. [CERTIFICATE OF SERVICE ON FOLLOWING PAGE]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 13" day of August, 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 Attomeys for Defendant mscheihing@southeastlaw.com kmarye@southeastlaw.com dfrantzman@southeastlaw.com