Legal Document: CASELLA, ANGELO M vs. CLEAR BLUE INSURANCE COMPANY

On September 16, 2021 a was filed involving a dispute between Casella, Angelo M, Casella, Marilyn S, Terrell, Robert G, and Clear Blue Insurance Company, for Contracts in the District Court of Charlotte County.

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Filing # 137673093 E-Filed 1/01/2021 04:57:04 PM

In the Circuit Court of the Twentieth Judicial Circuit
in and for Charlotte County, Florida
Angelo M. Casella and Marilyn S.
Casella, Case number: 21-001062-CA

Plaintiffs,
vs.

Clear Blue Insurance Company,

Defendant.
Defendant’s Certification and Notice of Filing Notice of Removal
To; Clerk, 20th Judicial Circuit
Charlotte County Courthouse
350 E. Marion Avenue
Punta Gorda, Florida 33950

PLEASE TAKE NOTICE THAT on October 22, 2021, Defendant, Clear Blue Insurance
Company (“Clear Blue”), in the above-styled action, has filed with the office of the Clerk of
the United States District Court in and for the Middle District of Florida, Fort Myers Division,
via CMW/ECF, a Notice of Removal pursuant to 28 U.S.C. §1332(a), 1441(a) and 1446. A copy
of the Notice of Removal is attached hereto as Exhibit "1".
Clear Blue respectfully requests that this Court proceed no further with this action unless
this action is remanded to state court. Absent entry of a remand order by the United States
District Court in and for the Middle District of Florida, this court is divested of jurisdiction in
this case and is thereby requested to stay all further proceedings in accordance with 28 U.S.C.
$1446 (a).

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FRANKLIN LEGAL GROUP, PA
9155 S Dadeland Blvd | Ste 1710 | Miami | FL | 33156 | 305.677.8000
Franklin Legal Group, PA
9155 S Dadeland Blvd Ste 1710
Miami Florida 33156
Tel (305) 677 — 8000
Court-Service@FranklinLG.com

Service Certificate
Ihereby certify that a copy hereof was served November Ist, 2021, by the Florida Courts

e-filing Portal, through its e-Service system, on: Corey B. Justus at rdubique@nationlaw.com

and cjustus@nationlaw.com | The Nation Law Firm, LLP, 570 Crown Oak Centre Drive,

Longwood, Florida 32750.

By: s/ Troy Lovell
Troy Lovell

2|Page
FRANKLIN LEGAL GROUP, PA
9155 S Dadeland Blvd | Ste 1710 | Miami | FL | 33156 | 305.677.8000
Case 2:21-cv-00775 Document Filed 10/22/21 Page 1 of 10 PagelD 1

United States District Court
Middle District of Florida
Fort Myers Division
Angelo M. Casella and Marilyn S. Casella,

Plaintiffs, Case No.: 2:21-cv-00775
vs.

Clear Blue Insurance Company,

Defendants.
Clear Blue’s Notice of Removal of Civil Action Under 28 U.S.C.
§1332, 1441, AND 1446 (Diversity Jurisdiction)

Clear Blue Insurance Company (“Clear Blue”) héreby removes to this Court the state court

action described below pursuant to 28 U.S.C. §§ 1332(a), 1441(a), and 1446.

Procedural Background

On September 16, 2021, Plaintiffs, Angelo M. Casella and Marilyn S. Casella (collectively,

“Plaintiffs”) filed a Complaint in the Circuit Court of the Twentieth Judicial Circuit in and

for Charlotte County, Florida (the “Circuit Court”), initiating the action styled as Angelo

M. Casella and Marilyn S. Casella, Case No. 21 — 001062 CA (the “Action”). Filed

oncurrently herewith is a Notice of Filing State Court Documents, comprised of the

Complaint and the other process, pleadings, and orders served on the Removing

Defendants. See 28 U.S.C. § 1446(a).

The Complaint names as Clear Blue as the only Defendant.

The first date upon which Clear Blue received a copy of the Complaint and the summons

thereon was September 22, 2021, when it received a service copy of each from the Florida

Chief Financial Officer as Registered Agent.

This Notice of Removal is timely under 28 U.S.C. § 1446(b) because it is filed within 30

days of the date that Clear Blue first received the Complaint and the summons thereon.

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FRANKLIN LEGAL GROUP, PA
9155 S Dadeland Blvd | Ste 1710 | Miami | FL | 33156 | 305.677.8000
Case 2:21-cv-00775 Document 1 Filed 10/22/21 Page 2 of 10 PagelD 2

5. Pursuant to 28 U.S.C. § 1446(d), Clear Blue will promptly:

5.1. provide Plaintiffs with this written notice of removal; and

5.2. filed a Notice of Removal with the Clerk of the Twentieth Circuit Court.

Grounds for Removal

As alleged more fully herein, the Court has diversity jurisdiction over the Action pursuant

to 28 U.S.C. § 1332 because:

A. Both Plaintiffs and Clear Blue are diverse; and

B. the amount in controversy exceeds the sum or value of $75,000, exclusive of interest

and costs.

1. Diversity Jurisdiction

Plaintiffs are, and at the time of filing the Complaint were, residents of Charlotte County,

Florida and are, therefore, considered citizens of Florida for diversity jurisdiction. [See Exhibit

A (Complaint, at {3)] Clear Blue is, and was when Plaintiffs commenced the Action, an Illinois

corporation with its principal place of business in Chicago, Illinois. [See Exhibit B, (Sunbiz

Detail by Entity Name)] Thus, under 28 U.S.C. § 1332(c)(1), Clear Blue is an Illinois citizen

for purposes of diversity jurisdiction. Thus, pursuant to 28 U.S.C. § 1332(a)(3), there is

complete diversity jurisdiction over a lawsuit that, like this action, is between citizens of

different states.

2. Amount in Controversy

The Complaint does not specifically identify the amount of damages sought, other than to

state they exceed the $30,000 jurisdictional minimum for the Twentieth Circuit Court.

Plaintiffs previously indicated they estimated damages to be $86,777. [See Exhibit C (Property

Insurance Notice of Intent to Initiate Litigation)]

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FRANKLIN LEGAL GROUP, PA
9155 S Dadeland Blvd | Ste 1710 | Miami | FL | 33156 | 305.677.8000
Case 2:21-cv-00775 Document1 Filed 10/22/21 Page 3 of 10 PagelD 3

Venue

The United States District Court for the Middle District of Florida includes Charlotte

County, the county in which the Action is now pending, within its Fort Myers Division.

Therefore, this Court is a proper venue for this Action pursuant to 28 U.S.C. § 1441 (a).

Wherefore, Clear Blue respectfully requests removal of the Action from the Circuit Court

of the Twentieth Judicial Circuit in and for Charlotte County, Florida to this Court, pursuant

to 28 U.S.C. §§ 1441 and 1446.
Respectfully,

By: s/ Troy M. Lovell
Jonathan D, Franklin
Florida Bar number: 48577
Troy M. Lovell
Florida Bar number: 946036
Counsel for Clear Blue
Franklin Legal Group, PA
9155 S Dadeland Blvd Ste 1710
Miami Florida 33156
Tel (305) 677 — 8000
Court-service@FranklinLG.com

Service Certificate
I certify that on 22 October 2021 this document was electronically filed with the Court’s

clerk using CM/ECF; and it was served on all counsel of record through the CM/ECF system

on Corey B. Justus at rdubique@nationlaw.com and ¢justus@nationlaw.com | The Nation Law

Firm, LLP, 570 Crown Oak Centre Drive, Longwood, Florida 32750 and Robert G. Terrell,

III at rterrell@forthepeople.com; tclcek@forthepeple.com and kbarroso@forthepeople.com |

Morgan & Morgan, P.A., 12800 University Drive, Suite 600, Fort Myers, Florida 33907.

By: s/ Troy Lovell
Troy Lovell

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FRANKLIN LEGAL GROUP, PA
9155 S Dadeland Blvd | Ste 1710 | Miami | FL | 33156 | 305.677.8000
Filing # ss47s BBN ATE PAURNA Bid 10/22/21 Page 4 of 10 PagelD 4

IN THE CIRCUIT COURT OF THE
TWENTIETH JUDICIAL CIRCUIT IN
AND FOR CHARLOTTE COUNTY,
FLORIDA

CASE NO.

ANGELO M. CASELLA AND MARILYN S.
CASELLA,

Plaintiffs,

CLEAR BLUE INSURANCE COMPANY,

Defendant.
/

COMPLAINT

Plaintiffs, ANGELO M. CASELLA AND MARILYN S. CASELLA, sue the Defendant,

CLEAR BLUE INSURANCE COMPANY, and allege as follows:

41. This is an action for damages in excess of Thirty Thousand Dollars ($30,000.00),

exclusive of prejudgment interest, attorney's fees, and costs.

2. was a corporation, duly authorized and licensed to
Atallmaterial times, Defendant

transact insurance business in the State of Florida. Defendant regularly conducted business,

had offices, and/or maintained agents for the transaction of its customary business in

Charlotte County, Florida.

3. Plaintiffs reside in Charlotte County, Florida, and are otherwise sui juris.

4. Plaintiffs’ dwelling, located at 2453 Easy Street, Port Charlotte, FL 33952

(hereafter “the Property”), sustained covered physical loss during the policy.

5. Plaintiffs’ dwelling has a drainage plumbing system (hereafter “plumbing system”)

that has failed, causing the direct physical loss during policy.

Exhibit "A"
Case 2:21-cv-00775 Document 1 Filed 10/22/21 Page 5 of 10 PagelD 5

6. The plumbing system is encased in the backfill under the concrete floor. The

backfill is a construction material used to support Plaintiff's concrete floor. As a result,

backfill is a structural component of the dwelling and it becomes displaced when the

plumbing system fails.

7. The failed plumbing system will cause further loss until it is replaced and therefore

the Plaintiffs. must tear out and replace the portions of the building necessary to gain access

to. the plumbing system.

8. Plaintiffs notified Defendant of the loss caused by the plumbing system.

9. Defendant assigned claim number SWYCBHO13583 to the loss.

10. Defendant assigned a date of loss of December 4, 2020.

141, Defendant insured Plaintiffs’ dwelling, pursuant to insurance contract with policy

number ALO1-157062-00 (hereafter “the Policy”).

12. The Policy, including the coverages to protect Plaintiffs against the above loss,

was in full force and effect as to the Plaintiffs when Plaintiffs’ property was damaged.

Plaintiffs are unsure whether Plaintiffs have a complete copy of the policy; however, a

complete copy of the Policy has been requested from Defendant and will be produced

during discovery.

13. All Conditions precedent to filing this action have been satisfied, waived or

defendant is estopped from raising same.

14. OnMay 10, 2021, Plaintiffs submitted to Defendant a signed contract to perform

repairs to Plaintiffs dwelling related to the covered losses. Defendant failed or refused to

pay the appropriate amount for the repairs.

15, Defendant has denied coverage for Plaintiffs’ losses.
Case 2:21-cv-00775 Document1i Filed 10/22/21 Page 6 of 10 PagelD 6

416. As aresult, Defendant has failed to pay for all of Plaintiffs’ losses.

17. Defendant's failure to pay for all of Plaintiffs’ losses is a material breach of

contract.

48. As aresult of Defendant's material breach of contract, it has become necessary

for Plaintiffs to retain the services of the undersigned attorney.

49. Plaintiffs retained counsel to protect their rights under the policy.

WHEREFORE, Plaintiffs demand judgment against Defendant for all losses with

interest on any overdue payments, plus attorney's fees and costs, pursuant to sections

627.428, 57.041, and 92.231, Florida Statutes, and demands a trial by jury.

Dated this 16th day of September, 2021

THE NATION LAW FIRM, LLP

Core’ uistus, Esquire
Florida Bar No. 113864
570 Crown Oak Centre Drive
Longwood, FL 32750
Telephone: (407) 339-1104
Facsimile: (407) 339-1118
Primary Email: rdubiqué@nationlaw.com
Secondary Email: cjustus@nationlaw.com
Attorneys for Plaintiff
sor2121,3:30PM Case 2:21-cv-00775 Document 1 FilewaiQ\22'@Nanleage 7 of 10 PagelD 7
Division OF CORPORATIONS

Ay
§ Drvigion of
2
And. ha ONG C ORPO. RATIONS
eee Dug, pial State of Florida websive

Department
of State / Division
of Corporations / Search Records / Search
by Entity Name/

Detail by Entity Name
Foreign Profit Corporation
CLEAR BLUE INSURANCE COMPANY
Filing Information
Document Number F96000004118
FEWV/EIN Number 76-0227154
Date Filed 08/12/1996
State IL
Status ACTIVE
Last Event NAME CHANGE AMENDMENT
Event Date Filed 03/11/2016
Event Effective Date NONE
Principal Address
225 West Washington Street
suite 1910
Chicago, IL 60602

Changed: 02/09/2021
Mailing Address
B7 TABONUCO STREET
SUITE 912
GUAYNABO, PR 00968 PR

Changed: 01/09/2017
Registered
Agent Name & Address
CHIEF FINANCIAL OFFICER
200 E. GAINES ST
TALLAHASSEE, FL 32399-0000

Name Changed: 03/17/2003

Address Changed: 02/10/2014 Exhibit "B"
Officer/Director Detail
Name & Address

Title President, Director, CEO

BRESLIN, JEROME
https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetall?inquirytype=EntityName&directionType=Initial&searchNameOrder=CLEARBL.... 13
so2121, 3:39PM Case 2:21-cv-00775 Document 1 FilenaQ(22t@Nen@age 8 of 10 PagelD 8.
B7 TABONUCO STREET
SUITE 912
GUAYNABO, PR 00968 PR

Title Treasurer

DOWNEY, JEFFREY
B7 TABONUCO STREET
SUITE 912
GUAYNABO, PR 00968 PR

Title COO, SVP

KLOPE, PETER
B7 TABONUCO STREET
SUITE 912
GUAYNABO, PR 00968 PR

Title SVP, BUSINESS DEVELOPMENT

PALLADINO, SCOTT
200 SOUTH COLLEGE STREET
SUITE 2250
CHARLOTTE, NC 28202

Title CHIEF RISK OFFICER, CHIEF ACTUARY

MANN, JAMES
200 SOUTH COLLEGE STREET
SUITE 2250
CHARLOTTE, NC 28202

Title CFO

Lebron, Manuel
B7 TABONUCO STREET
SUITE 912
GUAYNABO, PR 00968 PR

Title EVP, GENERAL COUNSEL

KENNEDY, DANIEL
225 West Washington Street
Suite 2250
Charlotte, NC 28202

Title Chief Compliance Officer

Ramirez, Osvaldo, Sr.
B7 TABONUCO STREET
SUITE 912
GUAYNABO, PR 00968 PR

htps:fsearch sunbiz. orghnquirylCorporationSearch/SearchResulDetal?inquirytype=EntityName8cirectionType=intial&searchNameOrder=CLEARBL... 213
40/21/21, 3:39PM © Case 2:21-cv-00775 Document 1 FileséiQ(22t@NankRage 9 of 10 PagelD 9
Annual Reports

Report Year Filed Date
2019 04/01/2019
2020 03/17/2020
2021 02/09/2021

Document Images
02/ = ANNUAL
03/7/2020
~- ANNUAL REPORT View image
it in PDF format
04/01/2019-- ANNUAL REPORT View image in PDF format
04/47/2018 -- AN UAL REPORT View image in PDF format
91/09/2017 -- ANNUAL REPORT View image i in POF format

03/28/2016
-- ANNUAL REPORT View image in PDF format

03/1/2016
- Name Change
92/04/2015 — ANNUAL REPORT View image in PDF format
2st = REI View image in PDF format
1/22/2013 -- ANNUAL,.REPORT View image in PDF format
2 T View image in PDF format
014 — PC T ” View image in POF format
4 10— PORT View image in POF format
~ View image in POF format
7/2008 = PORT. "View image in PDF format
=Al View image iin PDF format

1. JAL REF ‘View image in PDF format
4/4 - AL REI “View image in PDF format
92/03/2004 -- ANNUAL REPORT "View image in POF format
10/16/2003 -- Name Change View image in PDF format
01/11/2003 -- ANNUAL REPORT “View image in PDF format
024 = ANNUAL View image in PDF format
02/04/2004 -- ANNUAL REPORT View image in PDF format
o Us INUAL iew image in PDF format
05/07/1999 -- ANNUAL REPORT “View image in PDF format
05/15/1998
=> ANNUAL REPORT View image in PDF format
447/41 7 PORT View image in PDF format

08/12/1996 - DOCUMENTS PRIORTO 1997[__Viewimage
in PDF format |

Fioride Department of State, Division of Corporations.

https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetall?inquirytype=EntityName&directionType=initial&searchNameOrder=CLEARBL, 3/3
&»
CUM Ds Case 2:21-cv-00775 Document 1 Filed 10/22/21 Page 10 of 10 PagelD 10
iS immy @Y2
\
iJ Patronis
G
it

Notice Number: 3142
Notice Accepted: 8/13/2021 5:14:53 PM

we The submitter hereby states that The Property Insurance Intent to Initiate Litigation Notice is provided pursuant to
Section 627.70152, Florida Statutes.

a
Name: Angelo Casella
Street Address: 2453 Easy Street
City, State Zip: Port Charlotte, FL 33952
Email Address: ¢ natic m
|} Policy Number: AL01-157062-00
Claim Number: SWYCBHO13583

ee
Ne lame: Corey Justus
Street Address: 570 Crown Oak Centre Drive
City, State Zip: Longwood, FL 32750
Email Address: gjustus@nationlaw.com

Insurer Name:
CLEAR BLUE INSURANCE COMPANY (28860)

Alleged Acts or Omissions of the Insurer:
The Insurer has completely denied this claim after incorrectly relying on adjuster or engineer inspections
and reports. The Insured disagrees with the Insurer’s denial of coverage,

Is the Notice provided following a denial of coverage?

Estimate of Damages: $86,777.00

The following documents were included as part of this Notice. Please open this Notice online to review or download
these documents.
1. Repair Estimate - Casella, Angelo.pdf -

Exhibit "C"

DFS-10-1600
Rev. 07/01/2021
C718 /209708eT Ist PRE? 10/22/21 Page 1 of 3 PagelD 14
Filing # 134757389 BANU

IN THE CIRCUIT COURT OF THE
TWENTIETH JUDICIAL CIRCUIT IN
AND FOR CHARLOTTE COUNTY,
FLORIDA

CASE NO. 21001062CA

ANGELO M. CASELLA AND MARILYN S.
CASELLA,

Plaintiffs,

Vv,

CLEAR BLUE INSURANCE COMPANY,

Defendant.
/

COMPLAINT

Plaintiffs, ANGELO M. CASELLA AND MARILYN S. CASELLA, sue the Defendant,

CLEAR BLUE INSURANCE COMPANY, and allege as follows:

4. This is an action for damages in excess of Thirty Thousand Dollars ($30,000.00),

exclusive of prejudgment interest, attorney's fees, and costs.

2. Atall material times, Defendant was a corporation, duly authorized and licensed to

transact insurance busiriess in the State of Florida. Defendant regularly conducted business,

had offices, and/or maintained agents for the transaction of its customary business in

Charlotte County, Florida.

3. Plaintiffs reside in Charlotte County, Florida, and are otherwise sui juris.

4. Plaintiffs’ dwelling, located at 2453 Easy Street, Port Charlotte, FL 33952

(hereafter “the Property”), sustained covered physical loss during the policy.

5. Plaintiffs’ dwelling has a drainage plumbing system (hereafter “plumbing system”)

that has failed, causing the direct physical loss during policy.
Case 2:21-cv-00775 Document 1-1 Filed 10/22/21 Page 2 of 3 PagelD 12

6. The plumbing system is encased in the backfill under the concrete floor. The

backfill is a construction material used to support Plaintiff's concrete floor. As a result,

backfill is a structural component of the dwelling and it becomes displaced when the

plumbing system fails.

7. The failed plumbing system will cause further loss until itis replaced and therefore

the Plaintiffs must tear out and replace the portions of the building necessary to gain access

to the plumbing system.

8. Plaintiffs notified Defendant of the loss caused by the plumbing system.

9. Defendant assigned claim number SWYCBHO13583 to the loss.

10. Defendant assigned a date of loss of December 4, 2020.

41. Defendant insured Plaintiffs’ dwelling, pursuant to insurance contract with policy

number ALO1-157062-00 (hereafter “the Policy’).

42. The Policy, including the coverages to protect Plaintiffs against the above loss,

was in full force and effect as to the Plaintiffs when Plaintiffs’ property was damaged.

Plaintiffs are unsure whether Plaintiffs have a complete copy of the policy; however, a

complete copy of the Policy has been requested from Defendant and will be produced

during discovery.

13. All Conditions precedent to filing this action have been satisfied, waived or

defendant is estopped from raising same.

14. On May 10, 2021, Plaintiffs submitted to Defendant a signed contract to perform

repairs to Plaintiffs dwelling related to the covered losses. Defendant failed or refused to

pay the appropriate amount for the repairs.

15. Defendant has denied coverage for Plaintiffs’ losses.
Case 2:21-cv-00775 Document 1-1 Filed 10/22/21 Page 3 of 3 PagelD 13

16. As a result, Defendant has failed to pay for all of Plaintiffs’ losses.

47. Defendant's failure to pay for all of Plaintiffs’ losses is a material breach of

contract.

48. As aresult of Defendant's material breach of contract, it has become necessary

for Plaintiffs to retain the services of the undersigned attorney.

19. Plaintiffs retained counsel to protect their rights under the policy.

WHEREFORE, Plaintiffs demand judgment against Defendant for all losses with

interest on any overdue payments, plus attorney's fees and costs, pursuant to sections

627.428, 57.044, and 92.231, Florida Statutes, and demands a trial by jury.

Dated this 16th day of September, 2021.

L
NATION LAW FIRM, LLP

Corey’. Jastus, Esquire
Florida Bar No. 113864
570 Crown Oak Centre Drive
Longwood, FL 32750
Telephone: (407) 339-1104
Facsimile: (407) 339-1118
Primary Email: rdubique@nationlaw.com
Secondary Email: cjustus@nationlaw.com
Attorneys for Plaintiff
AHRT 4 PRPs 10/22/21 Page 1 of 7 Pagel 14
IOI 3/2097
Filing # 136298958 BAM

In the Circuit Court of the Twentieth Judicial Circuit
in and for Charlotte County, Florida
Angelo M. Casella and Marilyn S.
Casella, Case number: 21-001062-CA

Plaintiffs,
vs.

Clear Blue Insurance Company,

Defendant.
Answer, Defenses, and Affirmative Defenses
Defendant, Clear Blue Insurance Company (“Clear Blue”), responds to the individual

paragraphs of the Complaint as follows:

1 Admitted for jurisdictional purposes only.

2. Admitted.

Without knowledge and, therefore, denied.

Denied.

8 Admitted.

9. Admitted.

10. Denied.

11. Admitted that Clear Blue issued policy ALO1-157062-00 (the “Policy”) to Plaintiffs

with a policy term of March 31, 2020, through March 31, 2021, and that the

provisions of the Policy apply. Any allegation contrary to the terms of the Policy

are denied.

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FRANKLIN LEGAL GROUP, PA
9455 5 Dadeland Blvd | Ste 1710 [ Miami | FL T 33156 | 305.677.8000
Case 2:21-cv-00775 Document 1-2 Filed 10/22/21 Page 2 of 7 PagelD 15

12. Admitted that Clear Blue issued the Policy to Plaintiffs with a policy term of March

31, 2020, through March 31, 2021, and that the provisions of the Policy apply. Any

allegation contrary to the terms of the Policy are denied.

13. Admitted.

14. Denied.

15. Admitted.

16. Denied that any covered loss was unpaid.

17. Denied.

18. Denied.

19, Without knowledge and, therefore, denied.

Clear Blue’s Defenses and Affirmative Defenses
Florida law permits Clear Blue to defend Plaintiffs’ Complaint through, inter alia, two

methods. Clear Blue can (1) challenge Plaintiffs’ ability to prove the essential elements of their

claims, including standing, or (2) assert affirmative defenses that seek to justify allegedly

improper conduct, rather than to disprove it.

In Martin County v. Edenfield, 609 So. 2d 27 (Fla. 1992) the Florida Supreme Court

explained a defense is “any allegation raised by the defendant that, if true, would defeat or

avoid the plaintiff's cause of action.” Jd., at 29 (internal quotation marks omitted). The Florida

Supreme Court also explained in State Farm Mut. Auto. Ins. Co. v. Curran, 135 So. 3d 1071

(Fla. 2014), that “[a]n affirmative defense is a defense which admits the cause of action, but

avoids liability, in whole or in part, by alleging an excuse, justification, or other matter

negating or limiting liability.” Id., at 1079 (citation omitted); see also §11:4, Affirmative

defenses, Trawick, Fla. Practice & Proc. § 11:4 (2017-2018 ed.).

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9155 § Dadeland Blvd | Ste 1710 | Miami | FL | 33156 | 305.677.8000
Case 2:21-cv-00775 Document 1-2 Filed 10/22/21 Page 3 of 7 PagelD 16

First Affirmative Defense
(Loss Outside Policy Period)
Clear Blue denies Plaintiffs suffered a covered loss, denies any liability to Plaintiffs, and

states:

Clear Blue issued the Policy to Plaintiffs.

The terms of the Policy control the rights of the parties in this action.

The Policy only provides coverage for losses which occurred during the policy

period,

The relevant Policy provision states:

Q. Policy Period
This policy applies only to loss which occurs during the policy period.

[Policy, HO 00 03 05 11, page 16 of 24]

The policy period was from March 31, 2020, through March 31, 2021. [Policy,

Homeowners Policy Declarations, page 1 of 3].

Any damages suffered by Plaintiffs regarding the Insured Property occurred prior

to the beginning of the policy period.

Thus, Plaintiffs are not entitled to recover from Clear Blue.

Second Affirmative Defense
(Non-Covered Peril)
Clear Blue denies Plaintiffs suffered a covered loss, denies any liability to Plaintiffs, and

states:

1 Clear Blue issued the Policy to Plaintiffs.

2. The terms of the Policy control the rights of the parties in this action.

3. Plaintiffs’ alleged loss was the result of a peril not covered by the Policy.

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FRANKLIN LEGAL GROUP, PA
9455 5 Dadeland Blvd | Ste 1710 | Miami | FL T 33156 | 305.677.8000
Case 2:21-cv-00775 Document 1-2 Filed 10/22/21 Page 4 of 7 Page!D 17

4, The relevant Policy provisions state:

SECTION I - PERILS INSURED AGAINST
A. Coverage A — Dwelling And Coverage B — Other Structures
wee
2. We do not insure, however, for loss:
wee
c. Caused by:
vei
(6) Any of the following:
(a) Wear and tear, marring, or deterioration;
(b) Mechanical breakdown, latent defect, inherent vice or any
quality in property that causes it to damage or destroy itself,
wae
Exception To c.(6)
Unless the loss is otherwise excluded, we cover loss to property
covered under Coverage A or B resulting from an accidental
discharge or overflow of water or steam from within a:
(i) Storm drain, or water, steam or sewer pipe, off the
“residence premises",
(ii) Plumbing, heating, air conditioning or automatic
fire protective sprinkler system or household
appliance on the "residence premises". This includes
the cost to tear out and replace any part of a building, or
other structure, on the "residence premises", but only
when necessary to repair the system or appliance.
However, such tear out and replacement coverage only
applies to other structures if the water or steam causes
actual damage to a building on the "residence
premises".

We do not cover loss to the system or appliance from which
this water or steam escaped.

For purposes of this provision, a plumbing system or household
appliance does not include a sump, sump pump or related
equipment or a roof drain, gutter, downspout or similar fixtures
or equipment.

Section I - Exclusion A.3. Water, Paragraphs a. and c. that
apply to surface water and water below the surface of the
ground do not apply to loss by water covered under c.(5) and
(6) above.

Under 2.b. and ¢. above, any ensuing loss to property described

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FRANKLIN LEGAL GROUP, PA
9185 S Dadeland Blvd | Ste 1710 | Miami | FL | 33156 | 305.677.8000
Case 2:21-cv-00775 Document 1-2 Filed 10/22/21 Page 5 of 7 PagelD 18

in Coverages A and B not precluded by any other provision in
this policy is covered.

[Policy, HO 00 03 05 11, pages 9-10 of 24]

5. Thus, Plaintiffs are not entitled to recover from Clear Blue

Third Affirmative Defense
(Exclusions)
Clear Blue denies Plaintiffs suffered a covered loss, denies any liability to Plaintiffs, and

states:

Clear Blue issued the Policy to Plaintiffs.

The terms of the Policy control the rights of the parties in this action.

3 Plaintiffs’ alleged loss was the result of an exclusion under the Policy.

4. The relevant Policy provisions state:

SECTION I - EXCLUSIONS
A. We do not insure for loss caused directly or indirectly by any of
the following. Such loss is excluded regardless of any other cause or
event contributing concurrently or in any sequence to the loss. These
exclusions apply whether or not the loss event results in widespread.
damage or affects a substantial area.
Hee
3. Water
This means:
a. Flood, surface water, waves, including tidal wave and tsunami,
tides, tidal water, overflow of any body of water, or spray from any of
these, all whether or not driven by wind, including storm surge;

b. Water which:
(1) Backs up through sewers or drains; or
(2) Overflows or is otherwise discharged from a sump, sump pump or
related equipment;
¢. Water below the surface of the ground, including water which
exerts pressure on, or seeps, leaks or flows through a building,
sidewalk, driveway, patio, foundation, swimming pool or other
structure; or
d. Waterborne material carried or otherwise moved by any of the
water referred to in A.3.a, through A.3.c. of this exclusion

5|Page

FRANKLIN LEGAL GROUP, PA
9155 S$ Dadeland Bivd | Ste 1710 | Miami | FL T 33156 | 305.677.8000
Case 2:21-cv-00775 Document 1-2 Filed 10/22/21 Page 6 of 7 PagelD 19

eter
B. We do not insure for loss to property described in Coverages A and
B caused by any of the following. However, any ensuing loss to
property described in Coverages A and B not precluded by any other
provision in this policy is covered
ae .
3. Faulty, inadequate or defective:
abe
b. Design, specifications, workmanship, repair, construction,
renovation, remodeling, grading, compaction;
c, Materials used in repair, construction, renovation or remodeling; or
d. Maintenance;
of part or all of any property whether on or off the "residence premises"

[Policy, HO 00 03 05 11, pages 12-13 of 24]

5. Thus, Plaintiffs are not entitled to recover from Clear Blue.

Fourth Affirmative Defense
(Seto ff)

Although Clear Blue disputes any liability to Plaintiffs for the damages sought in this

action, it asserts that Plaintiffs’ recovery, if any, should be.offset by prior payments from Clear

Blue, as well as any payment from any other carrier or source. In.the alternative, Clear Blue is

entitled to a set-off against any recovery Plaintiffs obtain, including reducing or satisfying the

recovery.

Prayer for relief

Wherefore, Clear Blue requests this Court to enter judgment in its favor and against

Plaintiff, award Clear Blue the costs it incurred, deny all requests, claims, counts, prayers, and

demands made by Plaintiff, and award in Clear Blue’s favor any other and further relief this

Court may deem proper, just, and or equitable.

6|Page
FRANKLIN LEGAL GROUP, PA
9155 5 Dadeland Blvd | Ste 1710 | Miami | FL | 33156 | 305.677.8000
Case 2:21-cv-00775 Document 1-2 Filed 10/22/21 Page 7 of 7 PagelD 20

Respectfully Submitted,
By: s/ Troy Lovell
Jonathan D. Franklin
Florida bar number: 48577
Troy Lovell
Florida Bar Number: 946036
Chauncey Dean
Florida Bar Number: 1010211
Counsel for Clear Blue Insurance Co.
Franklin Legal Group, PA
9155'S Dadeland Blvd Ste 1710
Miami Florida 33156
Tel (305) 677 — 8000
Court-Service@FranklinLG.com
Service Certificate
hereby certify that a copy hereof was served October 11th, 2021, by the Florida Courts e-

filing Portal, through its e-Service system, on: Corey B: Justus at rdubique@nationlaw.com

and cjustus@nationlaw.com | The Nation Law Firm, LLP, 570 Crown Oak Centre Drive,

Longwood, Florida 32750.

By: s/ Troy Lovell
Troy Lovell

T|\Page

FRANKLIN LEGAL GROUP, PA
9155 § Dadeland Blvd | Ste 1710 | Miami | FL 7 33156 | 305.677.8000
Case 2:21-cv-00775 Document 1-3 Filed 10/22/21 Page 1 of 1 PagelD 21
001
SUMMARY
062CA - CASELLA, ANGELO M vs, CLEAR BLUE INSURANCE COMPANY
on co aa _ — ———

(Judge: Court Type: Case Type:
iGENTILE, GEOFFREY H CIRCUIT CIVIL Contracts
{Case Number: Uniform Case Number: Status:
'21001062CA 082021CA001062XXXXXX OPEN
{Clerk File Date: Status Date: Waive Speedy Tria:
19/47/2021 9/17/2021 {
Notal Fees Due: Custody Location: Agency:
(0.00 NOT IN CUSTODY
‘Agency Report Number:

— a a a ——
———- —- — _—
PARTIES
iver PARTY NAME ‘ATTORNEY
[ATTORNEY JUSTUS, COREY BRYAN
[ATTORNEY LOVELL, TROY M
[ATTORNEY DEAN, CHAUNCEY
{ATTORNEY FRANKLIN, JONATHAN.
IPLAINTIFF CASELLA, ANGELO M JUSTUS, COREY BRYAN (Main Attorney)
{PLAINTIFF CASELLA, MARILYN S
PLAINTIFF TERRELL, ROBERT G
f 3 DEAN, CHAUNCEY
[Derenown ‘CLEAR BLUE INSURANCE COMPANY 4 FRANKLIN, JONATHAN
i 2 LOVELL, TROY M
(yuoGE GENTILE, GEOFFREY H
oe Ho _ a _— a — —_ ——-
EVENTS
awe
DATE [event JUDGE [Location RESULT
No Events on Case
—
| CASE DOCKETS
MAGE DATE Tewrav
Q1 10/22/2021 NOTICE OF APPEARANCE
Q7 10/11/2024 ANSWER , DEFENSES ANF AFFIRMATIVE DEFENSES
G1 10/8/2024 NOTICE OF APPEARANCE OF COUNSEL FIR DEFENDANT
Q1 10/8/2021 NOTICE OF APPEARANCE OF COUNSEL FOR DEFENDANT
Qi 10/8/2024 NOTICE OF APPEARANCE OF COUNSEL FOR DEFENDANT
G3 9/24/2021 NOTICE OF FILING - SUMMONS AND NOTICEOF SERVICE OF PROCESS
G1 9117/2021 PAYMENT $410.00 RECEIPT #2021040013
9117/2021 CASE FILED 09/17/2021 CASE NUMBER 21001062CA
G1 9/16/2021 SUMMONS REQUEST - SUMMONS ISSUED - CLEAR BLUE INSURANCE COMPANY - SEPTEMBER 17, 2021
Bz 9116/2021 STANDING ORDER FOR ALL CIVIL CASES IN CHARLOTTE COUNTY
G3 91/16/2024 REQUEST TO PRODUCE
G7 9/16/2021 NOTICE OF SERVICE OF INTERROGATORIES
B2 9116/2021 REQUEST FOR ADMISSIONS
G2 9116/2021 DESIGNATION OF EMAIL ADDRESSES AND REQUEST FOR DESIGNATION OF ELECTRONIC MAIL ADDRESS
Q7 9/16/2021 NOTICE OF SERVICE OF CORRESPONDENCE
G3 9116/2024 COMPLAINT
G3 9116/2021 CIVIL. COVER SHEET
Filing # 134797334
FP iRLL09/P6/DOHL OSS BNET 10/22/21 Page 1 of 35 PagelD 22

FORM 1.997. CIVIL COVER SHEET

The civil cover sheet and the information contained in it neither replace nor supplement the filing
and service of pleadings or other documents as required by law. This form must be filed by the
plaintiff or petitioner with the Clerk of Court for the purpose of r

Case Info

Judge

GENTILE, GEOFFREY H Track Judge’s New Case

Case No.

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Document Filed Date

November 15, 2060

Case Filing Date

September 16, 2021

County

Parties

CASELLA, ANGELO M Plaintiff
CASELLA, MARILYN S Plaintiff
CLEAR BLUE INSURANCE COMPANY Defendant
DEAN, CHAUNCEY Attorneys for Defendants
DEAN, CHAUNCEY Attorney for the Defendant
FRANKLIN, JONATHAN Attorneys for Defendants
FRANKLIN, JONATHAN Attorney for the Defendant
GENTILE, GEOFFREY H Judge
JUSTUS, COREY BRYAN Attorneys for Plaintiffs
LOVELL, TROY M Attorneys for Defendants
LOVELL, TROY M Attorney for the Defendant
TERRELL, ROBERT G Plaintiff

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