On December 30, 2020 a
Party Discovery
was filed
involving a dispute between
Liane Novick,
and
United Property And Casualty Insurance Company,
for OTHER CIRCUIT
in the District Court of Palm Beach County.
Preview
wes CASE NUMBER: 502020CC012571XXXXMB Div: RJ ****
Filing # 118887317 E-Filed 12/30/2020 01:02:12 PM
IN THE COUNTY COURT OF THE FIFTEENTH JUDICIAL
CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA
LIANE NOVICK, CASE NO:
Plaintiff, DIVISION:
vs.
TIMTITEN DPANTD TY & CAQTTAT TY
UNIO PRUPERL LE © UAQUALII
INSURANCE COMPANY
Defendant.
PLAINTIFF’S FIRST REQUEST FOR ADMISSIONS TO DEFENDANT
The Plaintiff, LIANE NOVICK, (hereinafter referred to as “Plaintiff”), by and through the
undersigned counsel, and pursuant to Rule 1.370 of the Florida Rules of Civil Procedure, hereby
requests Defendant, UNITED PROPERTY & CASUALTY INSURANCE COMPANY,
(“Defendant”), respond to Plaintiff's First Request for Admissions to Defendant within forty-five
(45) days of the date of service and admit or deny the following:
1. That all times material hereto, Plaintiff was and is the owner of that certain real
property located at 8828 VIA TUSCANY DRIVE, BOYNTON BEACH, FL 33472 (hereinafter
referred to as “Insured Property”).
2. That Defendant issued or renewed a policy of homeowner’s insurance, Policy
Number: UHV266267308 (hereinafter referred to as the “Policy”) to Plaintiff on the Insured
Property.
3. That at all times material hereto, the subject Policy of homeowner’s insurance
was/is in effect for the Insured Property.
4. That the above-referenced Policy of insurance covers any and all damage to the
Insured Property that was caused by damages relating to a water.
5, That the Policy is an all-risk poliev.
6. That there is damage to the structure located at the Insured Property.
7. That Plaintiff made a timely application for insurance benefits under the Policy of
homeowner’s insurance.
8. That Defendant has not sent to Plaintiff a notice of nonrenewal before this claim
was initiated.
CHEN. DAIAARCACUAAIINTY Cl CUADAND ANFY FL EDY 49laniINnen n4.no.49 DAA
PILL. PALE BLAU VUUINE TT, FL, OHI. DUUN, ULLIAN, 1Zroureuey Ui... 12 ivi9. That Defendant has not sent to Plaintiff a notice of cancellation before this claim
was initiated.
10. The Plaintiff first reported damage to the home on or about November 13, 2020
while the above-referenced Policy was in effect.
11. That Defendant has not paid Plaintiffs claim.
12. That Plaintiff has complied with all conditions precedent to obtaining benefits
under Plaintiff's Policy of homeowner’s insurance from Defendant.
13. That Plaintiff has complied with all conditions proceeding to the maintenance of
this action.
14. That Defendant has breached its policy of insurance by failing to pay all benefits
to Plaintiff for claim of damages to the home located at Insured Property.
15. That Defendant owes prejudgment interest, expert fees, costs, and attorneys’ fees
of this action.
16. That pursuant to Florida Statute 627.428, Plaintiff is entitled to attorneys’ fees and
costs in the event that the Court enters judgment or decree against Defendant in favor of Plaintiff
in this action.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY a true and correct copy of the foregoing Request for Admissions has
been served contemporaneously with the Complaint and Responses to same are due within forty-
five (45) days from the date of service.
/s/ James 8. Jenkins, II]
James S. Jenkins, III, Esquire
FBN: 56083
Derek Hendricks, Esquire
FBN: 48979
Ronald Barcena, Jr., Esquire
FBN: 1002913
Jenkins Law, P.L.
275 Séth Ave. N., Suite 5
St. Petersburg, FL 33702
jim@jenkinslawpl.com
derek@jenkinslawpl.com
ron@jenkinslawpl.com
eservice@jenkinslawpl.com
Document Filed Date
December 30, 2020
Case Filing Date
December 30, 2020
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wes CASE NUMBER: 502020CC012571XXXXMB Div: RJ **** Filing # 118887317 E-Filed 12/30/2020 01:02:12 PM IN THE COUNTY COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA LIANE NOVICK, CASE NO: Plaintiff, DIVISION: vs. TIMTITEN DPANTD TY & CAQTTAT TY UNIO PRUPERL LE © UAQUALII INSURANCE COMPANY Defendant. PLAINTIFF’S FIRST REQUEST FOR ADMISSIONS TO DEFENDANT The Plaintiff, LIANE NOVICK, (hereinafter referred to as “Plaintiff”), by and through the undersigned counsel, and pursuant to Rule 1.370 of the Florida Rules of Civil Procedure, hereby requests Defendant, UNITED PROPERTY & CASUALTY INSURANCE COMPANY, (“Defendant”), respond to Plaintiff's First Request for Admissions to Defendant within forty-five (45) days of the date of service and admit or deny the following: 1. That all times material hereto, Plaintiff was and is the owner of that certain real property located at 8828 VIA TUSCANY DRIVE, BOYNTON BEACH, FL 33472 (hereinafter referred to as “Insured Property”). 2. That Defendant issued or renewed a policy of homeowner’s insurance, Policy Number: UHV266267308 (hereinafter referred to as the “Policy”) to Plaintiff on the Insured Property. 3. That at all times material hereto, the subject Policy of homeowner’s insurance was/is in effect for the Insured Property. 4. That the above-referenced Policy of insurance covers any and all damage to the Insured Property that was caused by damages relating to a water. 5, That the Policy is an all-risk poliev. 6. That there is damage to the structure located at the Insured Property. 7. That Plaintiff made a timely application for insurance benefits under the Policy of homeowner’s insurance. 8. That Defendant has not sent to Plaintiff a notice of nonrenewal before this claim was initiated. CHEN. DAIAARCACUAAIINTY Cl CUADAND ANFY FL EDY 49laniINnen n4.no.49 DAA PILL. PALE BLAU VUUINE TT, FL, OHI. DUUN, ULLIAN, 1Zroureuey Ui... 12 ivi9. That Defendant has not sent to Plaintiff a notice of cancellation before this claim was initiated. 10. The Plaintiff first reported damage to the home on or about November 13, 2020 while the above-referenced Policy was in effect. 11. That Defendant has not paid Plaintiffs claim. 12. That Plaintiff has complied with all conditions precedent to obtaining benefits under Plaintiff's Policy of homeowner’s insurance from Defendant. 13. That Plaintiff has complied with all conditions proceeding to the maintenance of this action. 14. That Defendant has breached its policy of insurance by failing to pay all benefits to Plaintiff for claim of damages to the home located at Insured Property. 15. That Defendant owes prejudgment interest, expert fees, costs, and attorneys’ fees of this action. 16. That pursuant to Florida Statute 627.428, Plaintiff is entitled to attorneys’ fees and costs in the event that the Court enters judgment or decree against Defendant in favor of Plaintiff in this action. CERTIFICATE OF SERVICE I HEREBY CERTIFY a true and correct copy of the foregoing Request for Admissions has been served contemporaneously with the Complaint and Responses to same are due within forty- five (45) days from the date of service. /s/ James 8. Jenkins, II] James S. Jenkins, III, Esquire FBN: 56083 Derek Hendricks, Esquire FBN: 48979 Ronald Barcena, Jr., Esquire FBN: 1002913 Jenkins Law, P.L. 275 Séth Ave. N., Suite 5 St. Petersburg, FL 33702 jim@jenkinslawpl.com derek@jenkinslawpl.com ron@jenkinslawpl.com eservice@jenkinslawpl.com