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Filing #55975414 E-Filed 05/04/2017 12:25:18 PM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR ORANGE COUNTY, FLORIDA
ANGEL FERRER and
JULIA FERRER,
Plaintiff(s),
GENERAL JURISDICTION DIVISION
Vv.
CASE NO.:
TOWER HILL SIGNATURE INSURANCE
COMPANY,
Defendant.
/
PLAINTIFFS' FIRST REQUEST FOR ADMISSIONS TO DEFENDANT
Plaintiffs, ANGEL FERRER and JULIA FERRER, (the "Insured"), pursuant to Rule 1.370,
Fla. R. Civ. P., request Defendant to admit the truth of these matters within forty-five (45) days
from the date of service hereof, by answering in writing.
DEFINITION AND INSTRUCTIONS
1 The term "Plaintiff(s)" means ANGEL FERRER and JULIA FERRER, and
his/her/their agents, contractors, attorneys, and all other persons acting or purporting to act on
his/her/their behalf.
2. The term "Insured(s)" means the named insured, ANGEL FERRER and JULIA
FERRER and their agents, contractors, attorneys, and all other persons acting or purporting to act
on their behalf.
3 The term "You" or "Defendant" means TOWER HILL SIGNATURE
INSURANCE COMPANY, and its agents, employees, independent contractors, subsidiaries,
divisions, parent company, holding company, directors, officers, attorneys, and all other persons
acting or purporting to act on its behalf.
4 The term "Policy" means the policy, number PIH0504557, which Defendant issued
to Insured for the property located at 4636 Salvia Dr, Orlando, FL 32839, that was in effect on the
date of loss alleged in Plaintiffs' Complaint filed in this action.
5 The term "Insured Building" or "Insured Property" means the insured structure
and/or its contents located at the address alleged in Plaintiffs Complaint filed in this action.
6 The term "Loss" means the event at issue in which the Insured suffered property
damage, on the date of loss alleged in Plaintiffs Complaint.
7 The term "person" means any natural person, individual, proprietorship,
partnership, corporation, association, organization, joint venture, firm, other business enterprise,
governmental body, group of natural persons or other entity.
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8. The term "document" or "documents" means any written, typed, or graphic matter
or other means of preserving thought or expression and all tangible things from which information
can be processed or transcribed, including the originals and all non-identical copies, whether
different from the original by reason of any notation made on such copy or otherwise, including,
but not limited to, correspondence, emails, memoranda, notes, messages, letters, telegrams,
teletype, telefax, bulletins, meetings or other communications, interoffice and interoffice telephone
calls, diaries, claim diaries, electronic claim notes, chronological data, minutes, books, reports,
studies, summaries, pamphlets, printed matter, charts, ledgers, invoices, worksheets, receipts,
returns, computer printouts, prospectuses, financial statements, schedules, affidavits, contracts,
canceled checks, statements, transcripts, statistics, surveys, magazine or newspaper articles,
releases (and all drafts, alterations and modifications, changes and amendments of any of the
foregoing), graphic or natural records or representations of any kind (including without limitation
photographs, photographic negative, microfiche, microfilm, videotape, recordings, motion
pictures, phonograph recordings, transcripts or log of such recording, projection), electronic,
computer, mechanical, or electric records or representations of any kind (including without
limitation tapes, cassettes, discs and records), and binders, cover notes, certificates, analysis, study
memoranda, note lists, diaries, logs, questionnaires, bills, purchase orders, shipping orders,
memorandum of contract, agreements, licenses, permits, orders, financial data,
acknowledgements, computer or data procession cards, computer or data processing discs, and
other data compilations from which information can be obtained or translated, reports and/or
summaries of investigations, drafts and revisions of drafts of any documents and original
preliminary notes or sketches, no matter how produced or maintained, in your actual or
constructive possession, custody or control, whether prepared, published or released by you or by
any other person. If data is stored on computer or electronic media (intercompany email, for
example), produce hard copies of each such document." "Documents" includes all attachments and
enclosures.
9 The term "all documents" means every document or group of documents, as above
defined, that are known to you or that can be located or discovered by reasonably diligent efforts.
10. As used herein, the singular shall include the plural, the plural shall include the
singular, and masculine feminine and neuter shall include each of the other genders.
11. 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.
12. The terms "coverage letter(s)" means the correspondence from You to the Insured
throughout the claim at issue regarding Your position as to coverage for the Loss.
13. The terms "relating to" "in any way related to" means in whole or in part
constituting, containing, concerning, discussing, commending upon, describing, analyzing,
identifying, stating, pertaining to, referring to, or forming the basis of.
14, "Identify" 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;
b. b. 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;
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c. With respect to a document, to state the name(s) and title(s) of the author(s) and/or
signatoty(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
d. With respect to an oral communication to state the names and titles of all persons
involved in the communication, and the date and approximate time of the conimunication.
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REQUESTS FOR ADMISSIONS
Admit.the truth of the following statements:
1 On September 29, 2016, the Insureds had an insurance Policy with Defendant that
was in full force and effect for the Insured Property located at 4636 Salvia Dr, Orlando, FL 32839.
2 Damage caused by a sudden and accidental water loss is covered under the Policy.
Ensuing damage caused by water is covered under the Policy.
Damage caused by water is not expressly excluded from coverage under the Policy.
5 Ensuing damage caused by water is not expressly excluded from coverage under
the Policy.
Defendant was timely notified that the Loss occurred at the Insured Property.
7
The Insured has complied with all prerequisites for receiving benefits under the
Policy for the Loss.
8 The above-named Defendant is properly named in this lawsuit,
9. The Loss that occurred on September 29, 2016 at the Insured’s Property is a
covered loss under the Policy.
10. Defendant assigned claim number 2800187268 to the Loss.
11. Defendant paid less than required to put Plaintiffs in their the Pre-Loss condition
less the deductible.
12. Prior to Plaintiffs suing Defendant in this lawsuit, Defendarit had the opportunity
to evaluate Plaintiffs' Loss.
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13. Defendant's claims file and electronic claim notes are kept in the ordinary course
of business.
14, That all of the Defendant's representatives that adjusted the Plaintiffs' claim were
agents of the Defendant and acted within the scope and course of their agency.
15. That the Defendant never advised Plaintiffs in writing of their right to mediation in
violation of Florida Statutes 627.7015(2), (7).
16. That all premiums required for purchase of the policy were paid.
17. Defendant inspected the Insured Property prior to the Loss.
18. Defendant authored and/or drafted the Policy, and has a true and correct copy of
the Policy in its possession.
19. Defendant received a supplemental claim from Plaintiffs.
20. Plaintiff's supplemental claim included ensuing damages from the water loss due
to Mold and Bacteria growth.
21. Plaintiff's initial claim did not include provision for mold and bacteria growth.
22. The policy of insurance indemnifies Plaintiffs against losses arising from mold and
bacteria growth as indicated in the supplemental claim.
23. Defendants denied Plaintiff's supplemental claim without investigation into the
mold and bacteria growth.
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Request for Admissions was
served upon the Defendant along with the Summons and Complaint.
LAW OFFICE OF DAVID D. GONGORA, P.A.
5401 S. Kirkman Rd., Suite 310
Orlando, FL 32819
Telephone: (407) 500-2524
Primary Email: David@davidgongora.com
Secondary Email: Leg |AssistA @davidgongora.com
2" Secondary Ep DayidGongoraEsq@gmail.com
By
(p
) ‘Esq. FBN:
David D. Gongdgy 110745
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Filing #55975414 E-Filed 05/04/2017 12:25:18 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA ANGEL FERRER and JULIA FERRER, Plaintiff(s), GENERAL JURISDICTION DIVISION Vv. CASE NO.: TOWER HILL SIGNATURE INSURANCE COMPANY, Defendant. / PLAINTIFFS' FIRST REQUEST FOR ADMISSIONS TO DEFENDANT Plaintiffs, ANGEL FERRER and JULIA FERRER, (the "Insured"), pursuant to Rule 1.370, Fla. R. Civ. P., request Defendant to admit the truth of these matters within forty-five (45) days from the date of service hereof, by answering in writing. DEFINITION AND INSTRUCTIONS 1 The term "Plaintiff(s)" means ANGEL FERRER and JULIA FERRER, and his/her/their agents, contractors, attorneys, and all other persons acting or purporting to act on his/her/their behalf. 2. The term "Insured(s)" means the named insured, ANGEL FERRER and JULIA FERRER and their agents, contractors, attorneys, and all other persons acting or purporting to act on their behalf. 3 The term "You" or "Defendant" means TOWER HILL SIGNATURE INSURANCE COMPANY, and its agents, employees, independent contractors, subsidiaries, divisions, parent company, holding company, directors, officers, attorneys, and all other persons acting or purporting to act on its behalf. 4 The term "Policy" means the policy, number PIH0504557, which Defendant issued to Insured for the property located at 4636 Salvia Dr, Orlando, FL 32839, that was in effect on the date of loss alleged in Plaintiffs' Complaint filed in this action. 5 The term "Insured Building" or "Insured Property" means the insured structure and/or its contents located at the address alleged in Plaintiffs Complaint filed in this action. 6 The term "Loss" means the event at issue in which the Insured suffered property damage, on the date of loss alleged in Plaintiffs Complaint. 7 The term "person" means any natural person, individual, proprietorship, partnership, corporation, association, organization, joint venture, firm, other business enterprise, governmental body, group of natural persons or other entity. Page | of 6 8. The term "document" or "documents" means any written, typed, or graphic matter or other means of preserving thought or expression and all tangible things from which information can be processed or transcribed, including the originals and all non-identical copies, whether different from the original by reason of any notation made on such copy or otherwise, including, but not limited to, correspondence, emails, memoranda, notes, messages, letters, telegrams, teletype, telefax, bulletins, meetings or other communications, interoffice and interoffice telephone calls, diaries, claim diaries, electronic claim notes, chronological data, minutes, books, reports, studies, summaries, pamphlets, printed matter, charts, ledgers, invoices, worksheets, receipts, returns, computer printouts, prospectuses, financial statements, schedules, affidavits, contracts, canceled checks, statements, transcripts, statistics, surveys, magazine or newspaper articles, releases (and all drafts, alterations and modifications, changes and amendments of any of the foregoing), graphic or natural records or representations of any kind (including without limitation photographs, photographic negative, microfiche, microfilm, videotape, recordings, motion pictures, phonograph recordings, transcripts or log of such recording, projection), electronic, computer, mechanical, or electric records or representations of any kind (including without limitation tapes, cassettes, discs and records), and binders, cover notes, certificates, analysis, study memoranda, note lists, diaries, logs, questionnaires, bills, purchase orders, shipping orders, memorandum of contract, agreements, licenses, permits, orders, financial data, acknowledgements, computer or data procession cards, computer or data processing discs, and other data compilations from which information can be obtained or translated, reports and/or summaries of investigations, drafts and revisions of drafts of any documents and original preliminary notes or sketches, no matter how produced or maintained, in your actual or constructive possession, custody or control, whether prepared, published or released by you or by any other person. If data is stored on computer or electronic media (intercompany email, for example), produce hard copies of each such document." "Documents" includes all attachments and enclosures. 9 The term "all documents" means every document or group of documents, as above defined, that are known to you or that can be located or discovered by reasonably diligent efforts. 10. As used herein, the singular shall include the plural, the plural shall include the singular, and masculine feminine and neuter shall include each of the other genders. 11. 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. 12. The terms "coverage letter(s)" means the correspondence from You to the Insured throughout the claim at issue regarding Your position as to coverage for the Loss. 13. The terms "relating to" "in any way related to" means in whole or in part constituting, containing, concerning, discussing, commending upon, describing, analyzing, identifying, stating, pertaining to, referring to, or forming the basis of. 14, "Identify" 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; b. b. 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; Page 2 of 6 c. With respect to a document, to state the name(s) and title(s) of the author(s) and/or signatoty(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 d. With respect to an oral communication to state the names and titles of all persons involved in the communication, and the date and approximate time of the conimunication. Page 3 of 6 REQUESTS FOR ADMISSIONS Admit.the truth of the following statements: 1 On September 29, 2016, the Insureds had an insurance Policy with Defendant that was in full force and effect for the Insured Property located at 4636 Salvia Dr, Orlando, FL 32839. 2 Damage caused by a sudden and accidental water loss is covered under the Policy. Ensuing damage caused by water is covered under the Policy. Damage caused by water is not expressly excluded from coverage under the Policy. 5 Ensuing damage caused by water is not expressly excluded from coverage under the Policy. Defendant was timely notified that the Loss occurred at the Insured Property. 7 The Insured has complied with all prerequisites for receiving benefits under the Policy for the Loss. 8 The above-named Defendant is properly named in this lawsuit, 9. The Loss that occurred on September 29, 2016 at the Insured’s Property is a covered loss under the Policy. 10. Defendant assigned claim number 2800187268 to the Loss. 11. Defendant paid less than required to put Plaintiffs in their the Pre-Loss condition less the deductible. 12. Prior to Plaintiffs suing Defendant in this lawsuit, Defendarit had the opportunity to evaluate Plaintiffs' Loss. Page 4 of 6 13. Defendant's claims file and electronic claim notes are kept in the ordinary course of business. 14, That all of the Defendant's representatives that adjusted the Plaintiffs' claim were agents of the Defendant and acted within the scope and course of their agency. 15. That the Defendant never advised Plaintiffs in writing of their right to mediation in violation of Florida Statutes 627.7015(2), (7). 16. That all premiums required for purchase of the policy were paid. 17. Defendant inspected the Insured Property prior to the Loss. 18. Defendant authored and/or drafted the Policy, and has a true and correct copy of the Policy in its possession. 19. Defendant received a supplemental claim from Plaintiffs. 20. Plaintiff's supplemental claim included ensuing damages from the water loss due to Mold and Bacteria growth. 21. Plaintiff's initial claim did not include provision for mold and bacteria growth. 22. The policy of insurance indemnifies Plaintiffs against losses arising from mold and bacteria growth as indicated in the supplemental claim. 23. Defendants denied Plaintiff's supplemental claim without investigation into the mold and bacteria growth. Page 5 of 6 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the Request for Admissions was served upon the Defendant along with the Summons and Complaint. LAW OFFICE OF DAVID D. GONGORA, P.A. 5401 S. Kirkman Rd., Suite 310 Orlando, FL 32819 Telephone: (407) 500-2524 Primary Email: David@davidgongora.com Secondary Email: Leg |AssistA @davidgongora.com 2" Secondary Ep DayidGongoraEsq@gmail.com By (p ) ‘Esq. FBN: David D. Gongdgy 110745 Page 6 of 6