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Filing # 111875051 E-Filed 08/17/2020 06:35:53 AM
IN THE CIRCUIT COURT OF THE 207"
JUDICIAL CIRCUIT IN AND FOR
CHARLOTTE COUNTY, FLORIDA
CASE NO.: 20-000315-CA.
MASSEY CONSTRUCTION GROUP, INC,
a/alo MARGARET PUCKETT and
MAX PUCKETT,
Plaintiff,
Vv.
AMERICAN INTEGRITY INSURANCE
COMPANY OF FLORIDA,
Defendant.
/
DEFENDANT, AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDA’S
RESPONSES AND OBJECTIONS TO PLAINTIFF’S REQUEST FOR ADMISSIONS
Defendant, AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDA
(“Defendant”), by and through the undersigned counsel, and pursuant to Florida Rules of Civil
Procedure 1.370, files its Responses and Objections to Plaintiff's Request for Admissions, and
states as follows:
1 Admit that Defendant issued The Policy to the Insured.
RESPONSE: American Integrity admits only that that the policy bearing policy
number AGH0115260 was issued to Max A. Puckett (the “Insured”) for the property
located at 10161 Arrowhead Dr., Punta Gorda, FL 33955 (the “Property”), for the policy
period of July 1, 2017 to July 1, 2018 (the “Policy”), which provided certain insurance
coverage subject to the Policy’s terms, conditions, limitations, and exclusions.
2. Admit that The Policy insures The Property.
RESPONSE: Admitted only that the Policy provided coverage for the Property
during the policy period of July 1, 2017 to July 1, 2018.
3 Admit that an insurance claim was submitted to Defendant for claimed damages to
The Property relating to Hurricane Irma.
case No.; 20-0003 15-CA
Page 2 of 4
RESPONSE: American Integrity admits only the Insureds reported the subject
loss occurred on September 10, 2017 as a result of Hurricane Irma.
4 Admit that the exterior of The Property was damaged on or about September 10,
2017 in relation to the Subject Claim.
RESPONSE: American Integrity objects to this as it is vague and overbroad.
American Integrity admits only that certain coverage was afforded for damages to the
fascia and gutter downspouts, but that no coverage was afforded for claimed damage to
the Property’s roof pursuant to the Policy’s terms, conditions, limitations, and exclusions.
5 Admit that the roof of The Property was damaged on or about September 10, 2017,
inrelation to the Subject Claim.
RESPONSE: Denied.
6. Admit that the interior of the Property was damaged on or about September
10, 2017 in relation to the Subject Claim.
RESPONSE: American Integrity objects to this as it is vague and overbroad.
American Integrity admits only that certain coverage was afforded for interior damages
in the garage pursuant to the Policy’s terms, conditions, limitations, and exclusions.
7 Admit that the Insured agreed to allow Defendant to conduct an inspection of
the Property.
RESPONSE: American Integrity admits only that it inspected the Property in
connection with the subject claim.
8 Admit that the Insured complied with all post-loss duties under the Policy.
RESPONSE: Denied.
9. Admit that Plaintiff complied with all post-loss duties under the Policy.
RESPONSE: Denied.
10. Admit that the Property sustained covered damages in relation to the Subject
Claim.
RESPONSE: Denied.
ll. Admit that “Overhead & Profit” are damages that are covered by the Policy.
RESPONSE: Denied.
12. Admit that the scope of repairs in connection with The Claim require at least
case No.; 20-0003 15-CA
Page 3 of 4
three trade specialties.
RESPONSE: Denied.
13. Admit that Defendant did not a adjust or deny the claim within 90 days of
receiving first notice of the claim.
RESPONSE: Denied.
14. Admit that there were no factors or exigent circumstance which prevented
Defendant from investigating and adjusting the Subject Claim within 90-days of
Defendant receiving first notice of the alleged loss.
RESPONSE: Denied.
15. Admit that Defendant did not retain any engineers in relation to the Subject
Claim prior to the filing of this lawsuit.
RESPONSE: Denied.
16. Admit that Defendant did not retain any roofers, roofing experts, or roofing
consultants in relation to the Subject Claim prior to the filing of this lawsuit.
RESPONSE: Denied, as phrased.
17. Admit that Defendant received a copy of Plaintiffs executed Assignment of
Benefits attached to Plaintiff's Complaint for Damages as Exhibit "A" prior to the date
this lawsuit was filed.
RESPONSE: American Integrity admits only that it received Plaintiffs
Assignment of Benefits attached as Exhibit A to the Complaint but expressly denies the
validity of said Assignment of Benefits.
18.Admit that the Assignment of Benefits attached to Plaintiff's Complaint for
Damages as Exhibit "A" is signed by the Insured.
RESPONSE: American Integrity admits only that it received Plaintiffs
Assignment of Benefits attached as Exhibit A to the Complaint but expressly denies the
validity or accuracy of said Assignment of Benefits.
19. Admit that Defendant did not send any correspondence to Plaintiff contesting
the validity of the document attached to Plaintiff's Complaint for Damages as Exhibit "A".
RESPONSE: Objection. American Integrity objects to this request as it is vague.
20. Admit that the Insured and/or Assignee complied with all requests for
case No.; 20-0003 15-CA
Page 4 of 4
information, or examination under oath from the Defendant during the 90-day investigation
period after notice of the claim from the Insured and/or Plaintiff.
RESPONSE: Denied.
21. Admit that Defendant did not make any payments of undisputed losses to
Insured or MCGI.
RESPONSE: American Integrity admits only that payment was not issued to the
Insureds or Plaintiff, as the covered damages did not exceed the Insureds’ deductible
pursuant to the Policy’s terms, conditions, limitations, and exclusions.
CERTIFICATE OF SERVICE
THEREBY CERTIFY that a true and correct copy of the foregoing was sent via electronic
mail on August 17, 2020 to Alex Finch, Esq., Counsel for Plaintiff, Fromang & Finch, PA, P.O.
Box 915096, Longwood, FL 32791 at alex@fromangfinch.com; afinchlegal@gmail.com. This
document is being served on all counsel and pro se parties of record by the Florida Courts E-Filing
Portal, pursuant to and in compliance with Fla. R. Jud. Admin. 2.516.
KELLEY KRONENBERG
Counsel for Defendant
10360 W. State Road 84
Fort Lauderdale, FL 33324
Telephone: (954) 370-9970
Facsimile: (954) 382-1988
BY: 4s/Lizhell R. Lucero
LIZBELL R. LUCERO, ESQ.
Florida Bar No. 125063
ALEXANDER D. KOCHMAN, ESQ.
Florida Bar No. 104764
AKochman@kelleykronenberg.com
LLucero@kelleykronenberg.com
MParedes@kelleykronenberg.com
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Filing # 111875051 E-Filed 08/17/2020 06:35:53 AM IN THE CIRCUIT COURT OF THE 207" JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CASE NO.: 20-000315-CA. MASSEY CONSTRUCTION GROUP, INC, a/alo MARGARET PUCKETT and MAX PUCKETT, Plaintiff, Vv. AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDA, Defendant. / DEFENDANT, AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDA’S RESPONSES AND OBJECTIONS TO PLAINTIFF’S REQUEST FOR ADMISSIONS Defendant, AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDA (“Defendant”), by and through the undersigned counsel, and pursuant to Florida Rules of Civil Procedure 1.370, files its Responses and Objections to Plaintiff's Request for Admissions, and states as follows: 1 Admit that Defendant issued The Policy to the Insured. RESPONSE: American Integrity admits only that that the policy bearing policy number AGH0115260 was issued to Max A. Puckett (the “Insured”) for the property located at 10161 Arrowhead Dr., Punta Gorda, FL 33955 (the “Property”), for the policy period of July 1, 2017 to July 1, 2018 (the “Policy”), which provided certain insurance coverage subject to the Policy’s terms, conditions, limitations, and exclusions. 2. Admit that The Policy insures The Property. RESPONSE: Admitted only that the Policy provided coverage for the Property during the policy period of July 1, 2017 to July 1, 2018. 3 Admit that an insurance claim was submitted to Defendant for claimed damages to The Property relating to Hurricane Irma. case No.; 20-0003 15-CA Page 2 of 4 RESPONSE: American Integrity admits only the Insureds reported the subject loss occurred on September 10, 2017 as a result of Hurricane Irma. 4 Admit that the exterior of The Property was damaged on or about September 10, 2017 in relation to the Subject Claim. RESPONSE: American Integrity objects to this as it is vague and overbroad. American Integrity admits only that certain coverage was afforded for damages to the fascia and gutter downspouts, but that no coverage was afforded for claimed damage to the Property’s roof pursuant to the Policy’s terms, conditions, limitations, and exclusions. 5 Admit that the roof of The Property was damaged on or about September 10, 2017, inrelation to the Subject Claim. RESPONSE: Denied. 6. Admit that the interior of the Property was damaged on or about September 10, 2017 in relation to the Subject Claim. RESPONSE: American Integrity objects to this as it is vague and overbroad. American Integrity admits only that certain coverage was afforded for interior damages in the garage pursuant to the Policy’s terms, conditions, limitations, and exclusions. 7 Admit that the Insured agreed to allow Defendant to conduct an inspection of the Property. RESPONSE: American Integrity admits only that it inspected the Property in connection with the subject claim. 8 Admit that the Insured complied with all post-loss duties under the Policy. RESPONSE: Denied. 9. Admit that Plaintiff complied with all post-loss duties under the Policy. RESPONSE: Denied. 10. Admit that the Property sustained covered damages in relation to the Subject Claim. RESPONSE: Denied. ll. Admit that “Overhead & Profit” are damages that are covered by the Policy. RESPONSE: Denied. 12. Admit that the scope of repairs in connection with The Claim require at least case No.; 20-0003 15-CA Page 3 of 4 three trade specialties. RESPONSE: Denied. 13. Admit that Defendant did not a adjust or deny the claim within 90 days of receiving first notice of the claim. RESPONSE: Denied. 14. Admit that there were no factors or exigent circumstance which prevented Defendant from investigating and adjusting the Subject Claim within 90-days of Defendant receiving first notice of the alleged loss. RESPONSE: Denied. 15. Admit that Defendant did not retain any engineers in relation to the Subject Claim prior to the filing of this lawsuit. RESPONSE: Denied. 16. Admit that Defendant did not retain any roofers, roofing experts, or roofing consultants in relation to the Subject Claim prior to the filing of this lawsuit. RESPONSE: Denied, as phrased. 17. Admit that Defendant received a copy of Plaintiffs executed Assignment of Benefits attached to Plaintiff's Complaint for Damages as Exhibit "A" prior to the date this lawsuit was filed. RESPONSE: American Integrity admits only that it received Plaintiffs Assignment of Benefits attached as Exhibit A to the Complaint but expressly denies the validity of said Assignment of Benefits. 18.Admit that the Assignment of Benefits attached to Plaintiff's Complaint for Damages as Exhibit "A" is signed by the Insured. RESPONSE: American Integrity admits only that it received Plaintiffs Assignment of Benefits attached as Exhibit A to the Complaint but expressly denies the validity or accuracy of said Assignment of Benefits. 19. Admit that Defendant did not send any correspondence to Plaintiff contesting the validity of the document attached to Plaintiff's Complaint for Damages as Exhibit "A". RESPONSE: Objection. American Integrity objects to this request as it is vague. 20. Admit that the Insured and/or Assignee complied with all requests for case No.; 20-0003 15-CA Page 4 of 4 information, or examination under oath from the Defendant during the 90-day investigation period after notice of the claim from the Insured and/or Plaintiff. RESPONSE: Denied. 21. Admit that Defendant did not make any payments of undisputed losses to Insured or MCGI. RESPONSE: American Integrity admits only that payment was not issued to the Insureds or Plaintiff, as the covered damages did not exceed the Insureds’ deductible pursuant to the Policy’s terms, conditions, limitations, and exclusions. CERTIFICATE OF SERVICE THEREBY CERTIFY that a true and correct copy of the foregoing was sent via electronic mail on August 17, 2020 to Alex Finch, Esq., Counsel for Plaintiff, Fromang & Finch, PA, P.O. Box 915096, Longwood, FL 32791 at alex@fromangfinch.com; afinchlegal@gmail.com. This document is being served on all counsel and pro se parties of record by the Florida Courts E-Filing Portal, pursuant to and in compliance with Fla. R. Jud. Admin. 2.516. KELLEY KRONENBERG Counsel for Defendant 10360 W. State Road 84 Fort Lauderdale, FL 33324 Telephone: (954) 370-9970 Facsimile: (954) 382-1988 BY: 4s/Lizhell R. Lucero LIZBELL R. LUCERO, ESQ. Florida Bar No. 125063 ALEXANDER D. KOCHMAN, ESQ. Florida Bar No. 104764 AKochman@kelleykronenberg.com LLucero@kelleykronenberg.com MParedes@kelleykronenberg.com