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Filing # 91105552 E-Filed 06/14/2019 10:51:37 AM
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO.: CACE-19-011679 (25)
DEBBY KOPP and PAUL E. KOPP,
Plaintiff,
vs.
PROGRESSIVE PROPERTY INSURANCE
COMPANY,
Defendant.
/
AMENDED PL. TIFF’S FIRST REQUEST FOR ADMISSIONS TO DEFENDANT.
SERVED WITH THE COMPLAINT
Plaintiff, DEBBY KOPP and PAUL E. KOPP, through the undersigned attorneys, pursuant
to Rule 1.370 of the Florida Rules of Civil Procedure, requests that the Defendant, within forty-
five (45) days from the date of service of this request, admit the following:
INSTRUCTIONS
The Requests for Admissions, as separately set forth below, shall be admitted unless,
within forty-five (45) days after service, a written answer or objection addressed to the Requests
is served. If you claim that you cannot admit the Admission based on a lack of knowledge, you
are required by Florida law to specifically set forth in detail the reasons why the Request cannot
truthfully be admitted or denied. A denial shall fairly meet the substance of the Request, and when
good faith requires that a party qualify its answer or deny only a part of the Request, so much of it
as is true shall be specified, and the remainder shall be qualified or denied. Lack of information
or knowledge shall not be given as a reason for failure to admit or deny unless a reasonable inquiry
that the information known to or readily obtainable is insufficient to enable an admission or denial.
It is not a ground for denial of an Admission that the Request presents a genuine issue for trial.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 06/14/2019 10:51:36 AM.****DEFINITIONS
1. “You,” “your” or “your Company” as used in these Request for Admissions means
the Defendant named above and any related entities who may be liable for the damages sought
herein. The definition also includes any individuals or entities handling, adjusting, or otherwise
investigating claims on your behalf; any lawyers retained by you on this or any other claim; and
any other agents who have performed services on your behalf at any time material to this action.
2. The connectives “and” and “or” shall be construed either disjunctive or
conjunctively as necessary to bring within the scope of these requests all responses that might
otherwise be construed to be outside their scope.
3. The singular includes the plural, and vice versa. The masculine includes the
feminine and vice versa.
4. The present tense shall be construed to include the past tense and the past tense
shall be construed to include the present tense.
5. “All” shall be construed as “all and each” and the term “each” shall be construed
as “all and each.”
6. The term “any” means each and every and one or more.
7. “Document” means any kind of written, typewritten, or printed material
whatsoever, any kind of graphic material, and any computer readable media including, but without
limitation, papers, agreements, contracts, notes, memoranda, correspondence, electronic mail
messages, studies, working papers, letters, telegrams, invoices, personal diaries, reports records,
books, forms, indexes, transcriptions and recordings, magnetic tapes, disk and printed cards, data
sheets, data processing cards, personal calendars, journals, diaries, inter office memoranda,
minutes and records of any sorts of meetings, financial statements, financial calculations,
estimates, reports of telephone or other oral conversations, appointment books, maps, drawings,
charts, graphs, photographs, sound recordings, videotape recordings, computer printouts,
microfilms, information sent or received via the internet, information stored electronically or on
computer chips, disks or databases, all other compilations of data from which information can be
obtained or translated if necessary, by plaintiff through detector devices into reasonable usable
form and all other writings and recording of every kind, however produced or reproduced whether
signed or unsigned. The term “document” includes, without limitation, the original and all file
copies and other copies that are not identical to the original no matter how or by whom prepared,
and all drafts prepared in connection with any documents, whether or not used. If the original of
any document is not in your possession, custody or control, a copy of that document should be
produced.
8. “Communicate” or “communication” means every manner or means of disclosure,
transfer or exchange, and every disclosure, transfer or exchange of ideas of information, whether
orally, buy document, or electronically, or whether fact-to-face, by telephone, mail, personal
deliver, electronic transmission or otherwise.9.
10.
11.
12.
damage.
“Person” includes any natural person, corporate entity, partnership, association,
joint venture, government entity or trust, and any other business or legal entity.
“Relating to” means in whole or in part constituting, containing, concerning,
discussion, commenting upon, describing, analyzing, identifying, stating, pertaining to, referring
to, or forming the basis of.
“Tdentify” and “identity” mean:
a.
with respect to a natural person, to state the person’s name, title at the time
in question, employer and business address at the time in question and the
current or last known employer, business address, and home address;
with respect to an organization or entity, to state the full legal name of the
entity and full name by which the organization or entity is commonly known
or does business;
with respect to a document, to state the name(s) and title(s) of the author(s)
and/or signatory(ies), addressee(s), and recipient(s) of any copies; the
subject matter or title; the date of the document; the division, department,
or unit of your organization with which the author(s) and/or addressee(s)
are or were affiliated; and its present location and custodian; and
with respect to an oral communication, to state the names and titles of all
persons involved in the communication, and date and approximate time of
the communication.
“Loss” means the event at issue in which the policyholder suffered propertyPLAINTIFF’S FIRST RE
FOR ADMISSIONS
1. Please admit that at all times material to the Complaint filed herein, Defendant was
and is a Florida insurer duly licensed to transact the business of insurance in Broward County,
Florida.
2. Please admit that Defendant maintains agents in Broward County, Florida for the
transaction of its customary business.
3. Please admit that venue lies in Broward County, Florida for this action.
4. Please admit that Defendant issued a policy of insurance to Plaintiff bearing policy
number ARK35667, providing insurance coverage for the property located at 10027 NW 56th Ct.,
Coral Springs, FL 33076.
5. Please admit that the Policy referenced in the Complaint was in full force and effect
on the date of loss.
6. Please admit that the policy issued by Defendant bearing policy number ARK35667
provides insurance coverage for the loss alleged in the Complaint.
7. Please admit that Plaintiff gave timely notice of the loss to Defendant.
8. Please admit that Defendant assigned claim number 630887-191011 to Plaintiff's
claim.
9. Please admit that Defendant has not been prejudiced in any way as a result of the
notice of the loss provided by Plaintiff.
10. Please admit that Plaintiff fulfilled all conditions precedent to be entitled to make
recovery under said Policy for the damages alleged in the Complaint.
11. Please admit that Plaintiff complied with all post-loss conditions of the Policy to be
entitled to make recovery under said Policy for the damages alleged in the Complaint.12. Please admit that Defendant sent an adjuster to inspect and estimate the damages to
Plaintiff’s property.
13. Please admit that all of Defendant’s representatives that adjusted the Plaintiff's
claim that is the subject matter of this litigation were agents of the Defendant and acted within the
scope and course of their agency.
14. Please admit that Defendant agrees that the cause of loss is covered under the
Policy.
15. Please admit that Defendant has not fully indemnified Plaintiff for the loss alleged
in the Complaint.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served with the
Summons and Complaint on Defendant.
Law Offices of Scott Klotzman, P.A.
Attorney for Plaintiff
2001 Tyler Street, Suite 5
Hollywood, Florida 33020
Phone: 954.915.7405
Email: eservice@scottklotzman.com
By: /s/ Luis M. Perez
Scott Klotzman, Esquire
Florida Bar No.: 048099
Luis M. Perez, Esq.
Florida Bar No.: 72309
Preview
Filing # 91105552 E-Filed 06/14/2019 10:51:37 AM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO.: CACE-19-011679 (25) DEBBY KOPP and PAUL E. KOPP, Plaintiff, vs. PROGRESSIVE PROPERTY INSURANCE COMPANY, Defendant. / AMENDED PL. TIFF’S FIRST REQUEST FOR ADMISSIONS TO DEFENDANT. SERVED WITH THE COMPLAINT Plaintiff, DEBBY KOPP and PAUL E. KOPP, through the undersigned attorneys, pursuant to Rule 1.370 of the Florida Rules of Civil Procedure, requests that the Defendant, within forty- five (45) days from the date of service of this request, admit the following: INSTRUCTIONS The Requests for Admissions, as separately set forth below, shall be admitted unless, within forty-five (45) days after service, a written answer or objection addressed to the Requests is served. If you claim that you cannot admit the Admission based on a lack of knowledge, you are required by Florida law to specifically set forth in detail the reasons why the Request cannot truthfully be admitted or denied. A denial shall fairly meet the substance of the Request, and when good faith requires that a party qualify its answer or deny only a part of the Request, so much of it as is true shall be specified, and the remainder shall be qualified or denied. Lack of information or knowledge shall not be given as a reason for failure to admit or deny unless a reasonable inquiry that the information known to or readily obtainable is insufficient to enable an admission or denial. It is not a ground for denial of an Admission that the Request presents a genuine issue for trial. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 06/14/2019 10:51:36 AM.****DEFINITIONS 1. “You,” “your” or “your Company” as used in these Request for Admissions means the Defendant named above and any related entities who may be liable for the damages sought herein. The definition also includes any individuals or entities handling, adjusting, or otherwise investigating claims on your behalf; any lawyers retained by you on this or any other claim; and any other agents who have performed services on your behalf at any time material to this action. 2. The connectives “and” and “or” shall be construed either disjunctive or conjunctively as necessary to bring within the scope of these requests all responses that might otherwise be construed to be outside their scope. 3. The singular includes the plural, and vice versa. The masculine includes the feminine and vice versa. 4. The present tense shall be construed to include the past tense and the past tense shall be construed to include the present tense. 5. “All” shall be construed as “all and each” and the term “each” shall be construed as “all and each.” 6. The term “any” means each and every and one or more. 7. “Document” means any kind of written, typewritten, or printed material whatsoever, any kind of graphic material, and any computer readable media including, but without limitation, papers, agreements, contracts, notes, memoranda, correspondence, electronic mail messages, studies, working papers, letters, telegrams, invoices, personal diaries, reports records, books, forms, indexes, transcriptions and recordings, magnetic tapes, disk and printed cards, data sheets, data processing cards, personal calendars, journals, diaries, inter office memoranda, minutes and records of any sorts of meetings, financial statements, financial calculations, estimates, reports of telephone or other oral conversations, appointment books, maps, drawings, charts, graphs, photographs, sound recordings, videotape recordings, computer printouts, microfilms, information sent or received via the internet, information stored electronically or on computer chips, disks or databases, all other compilations of data from which information can be obtained or translated if necessary, by plaintiff through detector devices into reasonable usable form and all other writings and recording of every kind, however produced or reproduced whether signed or unsigned. The term “document” includes, without limitation, the original and all file copies and other copies that are not identical to the original no matter how or by whom prepared, and all drafts prepared in connection with any documents, whether or not used. If the original of any document is not in your possession, custody or control, a copy of that document should be produced. 8. “Communicate” or “communication” means every manner or means of disclosure, transfer or exchange, and every disclosure, transfer or exchange of ideas of information, whether orally, buy document, or electronically, or whether fact-to-face, by telephone, mail, personal deliver, electronic transmission or otherwise.9. 10. 11. 12. damage. “Person” includes any natural person, corporate entity, partnership, association, joint venture, government entity or trust, and any other business or legal entity. “Relating to” means in whole or in part constituting, containing, concerning, discussion, commenting upon, describing, analyzing, identifying, stating, pertaining to, referring to, or forming the basis of. “Tdentify” and “identity” mean: a. with respect to a natural person, to state the person’s name, title at the time in question, employer and business address at the time in question and the current or last known employer, business address, and home address; with respect to an organization or entity, to state the full legal name of the entity and full name by which the organization or entity is commonly known or does business; with respect to a document, to state the name(s) and title(s) of the author(s) and/or signatory(ies), addressee(s), and recipient(s) of any copies; the subject matter or title; the date of the document; the division, department, or unit of your organization with which the author(s) and/or addressee(s) are or were affiliated; and its present location and custodian; and with respect to an oral communication, to state the names and titles of all persons involved in the communication, and date and approximate time of the communication. “Loss” means the event at issue in which the policyholder suffered propertyPLAINTIFF’S FIRST RE FOR ADMISSIONS 1. Please admit that at all times material to the Complaint filed herein, Defendant was and is a Florida insurer duly licensed to transact the business of insurance in Broward County, Florida. 2. Please admit that Defendant maintains agents in Broward County, Florida for the transaction of its customary business. 3. Please admit that venue lies in Broward County, Florida for this action. 4. Please admit that Defendant issued a policy of insurance to Plaintiff bearing policy number ARK35667, providing insurance coverage for the property located at 10027 NW 56th Ct., Coral Springs, FL 33076. 5. Please admit that the Policy referenced in the Complaint was in full force and effect on the date of loss. 6. Please admit that the policy issued by Defendant bearing policy number ARK35667 provides insurance coverage for the loss alleged in the Complaint. 7. Please admit that Plaintiff gave timely notice of the loss to Defendant. 8. Please admit that Defendant assigned claim number 630887-191011 to Plaintiff's claim. 9. Please admit that Defendant has not been prejudiced in any way as a result of the notice of the loss provided by Plaintiff. 10. Please admit that Plaintiff fulfilled all conditions precedent to be entitled to make recovery under said Policy for the damages alleged in the Complaint. 11. Please admit that Plaintiff complied with all post-loss conditions of the Policy to be entitled to make recovery under said Policy for the damages alleged in the Complaint.12. Please admit that Defendant sent an adjuster to inspect and estimate the damages to Plaintiff’s property. 13. Please admit that all of Defendant’s representatives that adjusted the Plaintiff's claim that is the subject matter of this litigation were agents of the Defendant and acted within the scope and course of their agency. 14. Please admit that Defendant agrees that the cause of loss is covered under the Policy. 15. Please admit that Defendant has not fully indemnified Plaintiff for the loss alleged in the Complaint. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served with the Summons and Complaint on Defendant. Law Offices of Scott Klotzman, P.A. Attorney for Plaintiff 2001 Tyler Street, Suite 5 Hollywood, Florida 33020 Phone: 954.915.7405 Email: eservice@scottklotzman.com By: /s/ Luis M. Perez Scott Klotzman, Esquire Florida Bar No.: 048099 Luis M. Perez, Esq. Florida Bar No.: 72309