On May 31, 2019 a
Motion to Compel - Party: Defendant American Integrity Insurance Company of Florida
was filed
involving a dispute between
Charles, Louis,
and
American Integrity Insurance Company Of Florida,
for Other - Insurance Claim
in the District Court of Broward County.
Preview
Filing # 98668523 E-Filed 11/11/2019 10:45:15 AM
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
LOUIS CHARLES,
Plaintiff,
vs. CASE NO.: CACE-19-011697
AMERICAN INTEGRITY INSURANCE
COMPANY OF FLORIDA,
Defendant.
MOTION TO COMPEL MEDIATION
Defendant, AMERICAN INTERGRITY INSURANCE COMPANY OF FLORIDA
(“American Integrity”), pursuant to Florida Rule of Civil Procedure, hereby files this Motion to
Compel Mediation, and as grounds states the following:
1) Plaintiff served the subject lawsuit on American Integrity on June 10, 2019.
2) Plaintiff's lawsuit consists of one count of breach of contract, alleging that
American Integrity breached the subject policy of insurance issued by denying Plaintiff's
homeowner’s claim.
3) The subject lawsuit involves a claim for insurance benefits regarding a bathroom
plumbing leak. American Integrity issued payment to the Plaintiff for covered damages of the loss,
rendering the subject lawsuit as solely a price and scope dispute.
4) The Plaintiff has had multiple claims the property, which involve potential
overlapping damages
5) There have been no depositions conducted to the date of this Motion.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 11/11/2019 10:45:15 AM.****6) American Integrity in good faith believes this lawsuit and any disputes may be
resolved if all parties are face to face to present their case.
7) Thus, American Integrity requests this Court to order both Plaintiff and Defendant
to mediation.
8) This Motion is made in good faith and not for purposes of delay, but rather to move
the matter forward and resolve delays foisted upon the Defendant.
MEMORANDUM OF LAW
Florida Rules of Civil Procedure 1.700 invests this Court with the authority to order the
parties to mediation, as follows:
(a) Referral by Presiding Judge or by Stipulation. Except as hereafter
provided or as otherwise prohibited by law the presiding judge may
enter an order referring all or any part of a contested civil matter to
mediation or arbitration. The parties to any contested civil matter
may file a written stipulation to mediate or arbitrate any issue
between them at any time. Such stipulation shall be incorporated into
the order of referral.
Florida Rules of Civil Procedure clearly allows this Court to order parties to participate in
mediation if either party makes such a Motion to the Court. In the present case, Defendant holds a
good faith belief that this matter would be best resolved in mediation prior to the parties expending
additional resources on discovery and other pre-trial litigation steps. Plaintiffs will not be
prejudiced by attending mediation at this time, as Plaintiffs instituted the subject litigation and are
aware of their claim for damages. Ordering parties to mediation at this point will conserve judicial
resources and prevent both parties from spending additional funds in discovery, litigation, and
trial.WHEREFORE, AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDA
respectfully requests this Honorable Court to ender an Order requiring the parties to schedule
mediation with a mutually agreeable mediator to take place within ninety (90) days, and any other
further relief as this Court deems appropriate.
Respectfully submitted this 11" day of November, 2019.
/s/8. Shakira Ali
§. SHAKIRA ALI, ESQUIRE
Fla. Bar No.: 91292
American Integrity Insurance Company
of Florida
Physical Address: 2054 Vista Parkway, Suite 400
West Palm Beach, Florida 33411
Mailing Address: Post Office Box 26349
Tampa, Florida 33623
Tel: (813) 880-7000
Primary email: _ sali@aiiflorida.com
Secondary email: agantt@aiiflorida.com
pleadings@aiiflorida.com
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to
Jennifer Smith, Esquire, Kuhn Raslavich, P.A., Attorney for Plaintiff, 7700 Congress Avenue,
Suite 3111, Boca Raton, Florida 33487 via upload to the Florida Court E-Filing Portal on this 11"
day of November, 2019.
/s/8. Shakira Ali
S. Shakira Ali, Esquire
Document Filed Date
November 11, 2019
Case Filing Date
May 31, 2019
Category
Other - Insurance Claim
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Filing # 98668523 E-Filed 11/11/2019 10:45:15 AM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA LOUIS CHARLES, Plaintiff, vs. CASE NO.: CACE-19-011697 AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDA, Defendant. MOTION TO COMPEL MEDIATION Defendant, AMERICAN INTERGRITY INSURANCE COMPANY OF FLORIDA (“American Integrity”), pursuant to Florida Rule of Civil Procedure, hereby files this Motion to Compel Mediation, and as grounds states the following: 1) Plaintiff served the subject lawsuit on American Integrity on June 10, 2019. 2) Plaintiff's lawsuit consists of one count of breach of contract, alleging that American Integrity breached the subject policy of insurance issued by denying Plaintiff's homeowner’s claim. 3) The subject lawsuit involves a claim for insurance benefits regarding a bathroom plumbing leak. American Integrity issued payment to the Plaintiff for covered damages of the loss, rendering the subject lawsuit as solely a price and scope dispute. 4) The Plaintiff has had multiple claims the property, which involve potential overlapping damages 5) There have been no depositions conducted to the date of this Motion. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 11/11/2019 10:45:15 AM.****6) American Integrity in good faith believes this lawsuit and any disputes may be resolved if all parties are face to face to present their case. 7) Thus, American Integrity requests this Court to order both Plaintiff and Defendant to mediation. 8) This Motion is made in good faith and not for purposes of delay, but rather to move the matter forward and resolve delays foisted upon the Defendant. MEMORANDUM OF LAW Florida Rules of Civil Procedure 1.700 invests this Court with the authority to order the parties to mediation, as follows: (a) Referral by Presiding Judge or by Stipulation. Except as hereafter provided or as otherwise prohibited by law the presiding judge may enter an order referring all or any part of a contested civil matter to mediation or arbitration. The parties to any contested civil matter may file a written stipulation to mediate or arbitrate any issue between them at any time. Such stipulation shall be incorporated into the order of referral. Florida Rules of Civil Procedure clearly allows this Court to order parties to participate in mediation if either party makes such a Motion to the Court. In the present case, Defendant holds a good faith belief that this matter would be best resolved in mediation prior to the parties expending additional resources on discovery and other pre-trial litigation steps. Plaintiffs will not be prejudiced by attending mediation at this time, as Plaintiffs instituted the subject litigation and are aware of their claim for damages. Ordering parties to mediation at this point will conserve judicial resources and prevent both parties from spending additional funds in discovery, litigation, and trial.WHEREFORE, AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDA respectfully requests this Honorable Court to ender an Order requiring the parties to schedule mediation with a mutually agreeable mediator to take place within ninety (90) days, and any other further relief as this Court deems appropriate. Respectfully submitted this 11" day of November, 2019. /s/8. Shakira Ali §. SHAKIRA ALI, ESQUIRE Fla. Bar No.: 91292 American Integrity Insurance Company of Florida Physical Address: 2054 Vista Parkway, Suite 400 West Palm Beach, Florida 33411 Mailing Address: Post Office Box 26349 Tampa, Florida 33623 Tel: (813) 880-7000 Primary email: _ sali@aiiflorida.com Secondary email: agantt@aiiflorida.com pleadings@aiiflorida.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to Jennifer Smith, Esquire, Kuhn Raslavich, P.A., Attorney for Plaintiff, 7700 Congress Avenue, Suite 3111, Boca Raton, Florida 33487 via upload to the Florida Court E-Filing Portal on this 11" day of November, 2019. /s/8. Shakira Ali S. Shakira Ali, Esquire