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Filing # 144129620 E-Filed 02/17/2022 02:13:49 PM
IN THE CIRCUIT COURT OF THE
TWENTIETH JUDICIAL CIRCUIT IN
AND FOR CHARLOTTE COUNTY,
FLORIDA
CASE NO.: 21001194CA
NICHOLAS PAINTER and
CARISSA PAINTER,
Plaintiffs,
vs.
UNITED PROPERTY & CASUALTY
INSURANCE COMPANY,
Defendant.
ee
DEFENDANT'S ANSWER AND AFFIRMATIVE DEFENSES
Defendant, UNITED PROPERTY & CASUALTY INSURANCE COMPANY, by
and through the undersigned counsel, hereby files its Answer and Affirmative Defenses
to Plaintiffs’ Complaint and states the following:
1 The allegations contained in paragraph 1 are admitted for jurisdictional
purposes only, otherwise denied.
Defendant admits that it is a corporation duly licensed and authorized to
transact insurance business in the State of Florida, including Charlotte
County. All other allegations contained therein in paragraph 2 are denied,
and strict proof is demanded thereof.
The allegations contained in paragraph 3 are admitted for jurisdictional
purposes only, otherwise denied.
Defendant admits that is issued an insurance policy pertaining to the
premises located at 127 Marker Road, Rotonda West, FL 33947, bearing
policy number UDV 2449316 00 01 (hereinafter the Policy!) to the
Plaintiffs, and that the terms and conditions explicitly stated therein speak
for themselves and are subject to all applicable exceptions, exclusions,
limitations, and defenses. All other allegations contained in paragraph 4 are
denied, and strict proof is demanded thereof.
Defendant admits that is issued an insurance policy pertaining to the
premises located at 127 Marker Road, Rotonda West, FL 33947, bearing
policy number UDV 2449316 00 01 (hereinafter the Policy’) to the
Plaintiffs, and that the terms and conditions explicitly stated therein speak
for themselves and are subject to all applicable exceptions, exclusions,
limitations, and defenses. All other allegations contained in paragraph 5 are
denied, and strict proof is demanded thereof.
Defendant admits that the terms and conditions explicitly stated in the
Policy speak for themselves and are subject to all applicable exceptions,
exclusions, limitations, and defenses. All other allegations contained in
paragraph 6 are denied, and strict proof is demanded thereof.
The allegations contained in paragraph 7 are denied, and strict proof is
demanded thereof.
Defendant admits that the Policy speaks for itself. All other allegations
contained in paragraph 8 are denied, and strict proof is demanded thereof.
The allegations contained in paragraph 9 are denied, and strict proof is
demanded thereof.
10. Defendant admits that is assigned claim number 21FL00107466 to Plaintiffs
alleged damages. All other allegations contained in paragraph 10 are
denied, and strict proof is demanded thereof.
11 Defendant admits it inspected the property following Plaintiffs report of
the alleged damages. All other allegations contained in paragraph 11 are
denied, and strict proof is demanded thereof.
12, The allegations contained in paragraph 12 are denied, and strict proof is
demanded thereof.
13, The allegations contained in paragraph 13 are denied, and strict proof is
demanded thereof.
14 The allegations contained in paragraph 14 are admitted for jurisdictional
purposes only. All other allegations contained in paragraph 14 are denied,
and strict proof is demanded thereof.
COUNT I UBREACH OF CONTRACT
15. Defendant restates and reincorporates its responses to Paragraphs 1
through 15 above as if fully set forth herein.
16. The allegations contained in paragraph 16 are denied, and strict proof is
demanded thereof.
17. The allegations contained in paragraph 17 are denied, and strict proof is
demanded thereof.
18, The allegations contained in paragraph 18 are denied, and strict proof is
demanded thereof.
19. The allegations contained in paragraph 19 are denied, and strict proof is
demanded thereof.
20. The allegations contained in paragraph 20 are denied, and strict proof is
demanded thereof.
21 The allegations contained in paragraph 21 are denied, and strict proof is
demanded thereof.
22. The allegations contained in paragraph 22 are denied, and strict proof is
demanded thereof.
23. The allegations contained in paragraph 23 are denied, and strict proof is
demanded thereof.
24 The allegations contained in paragraph 24 are denied, and strict proof is
demanded thereof.
AFFIRMATIVE DEFENSES
FIRST AFFIRMATIVE DEFENSE
Defendant states Plaintiffsi| alleged damages are excluded under the
applicable policy as indicated in the Coverage Determination Letter dated August
30, 2021.
SECOND AFFIRMATIVE DEFENSE
Pursuant to the applicable insurance policy, for any alleged covered loss,
the Defendant is entitled to a set-off for any and all applicable deductibles.
THIRD AFFIRMATIVE DEFENSE
The subject policy of insurance does not provide coverage for damage
caused by wear and tear, marring, deterioration, inherent vice, latent defect,
mechanical breakdown, smog, rust or other corrosion, mold, wet or dry rot.
FOURTH AFFIRMATIVE DEFENSE
The subject policy of insurance does not provide coverage for settling,
shrinking, bulging or expansion, including resultant cracking, of bulkheads,
pavements, patios, footings, foundations, walls, floors, roofs or ceilings.
FIFTH AFFIRMATIVE DEFENSE
The subject policy of insurance does not provide coverage for faulty,
inadequate, or defective, planning, zoning, development, surveying, siting,
design, specifications, workmanship, repair, construction, renovation,
remodeling, grading, compaction, materials used in repair, construction,
renovation or remodeling, and maintenance (of part or all of the property).
SIXTH AFFIRMATIVE DEFENSE
Any judgment resulting in the payment of insurance proceeds is subject to
the applicable policy deductible provision, and any judgment resulting in the
payment of insurance proceeds is subject to the applicable policy coverage limits.
SEVENTH AFFIRMATIVE DEFENSE
Plaintiffs_action is barred by, and subject to, any and all coverage defenses
and/or exclusions provided by the policy of insurance and/or at law, and
Defendant specifically reserves the right to raise such coverage defenses or
exclusions.
EIGHTH AFFIRMATIVE DEFENSE
The subject policy of insurance does not cover a loss caused by water into
the interior of the building unless the damage was the result of a storm created
opening. Defendant is not liable for any claimed interior damages as an inspection
of the interior was denied. Further, the tenants confirmed there were no interior
damages during the inspection on May 4, 2021.
NINTH AFFIRMATIVE DEFENSE
Plaintiffs\ property contains less than the twenty-five percent (25%) of
storm damage which is the threshold specified in Section 706.1.1 of the Code and
the roof is not required to be replaced to conform to requirements of the Code.
TENTH AFFIRMATIVE DEFENSE
Plaintiffs claim for insurance proceeds is barred because Plaintiffs failed to
provide a pre-suit notice pursuant to the requirements of [| 627.70152, Fla. Stat.
(2021).
DEMAND FOR JURY TRIAL
Defendant hereby demands a trial by jury as to all issues so triable.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on February 17, 2022, the foregoing was electronically
filed through the Florida Courts E-Filing Portal which will send a notice of electronic
filing to: Anthony M. Dennis, Kanner & Pintaluga, P.A., 2020 Ponce De Leon, PH2, Coral
Gables, FL 33134, adennis@kpattorney.com, jherrera@kpattorney.com,
FirstPartyEService@kpattorney.com.
/s/ C. DeWitt Revels, III
C. DEWITT REVELS, III, ESQ.
Florida Bar No. 0073573
Walker, Revels, Greninger & Netcher, PLLC
189 S. Orange Ave., Suite 1830
Orlando, Florida 32801
Tel: 407-789-1830 Fax: 321-251-2236
DRevels@wrg.law
RKhan@wrg.law
CDR-service@wrg.law
RAK-service@wrg.law
Attorneys for Defendant, UNITED PROPERTY
AND CASUALTY INSURANCE COMPANY
Preview
Filing # 144129620 E-Filed 02/17/2022 02:13:49 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CASE NO.: 21001194CA NICHOLAS PAINTER and CARISSA PAINTER, Plaintiffs, vs. UNITED PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. ee DEFENDANT'S ANSWER AND AFFIRMATIVE DEFENSES Defendant, UNITED PROPERTY & CASUALTY INSURANCE COMPANY, by and through the undersigned counsel, hereby files its Answer and Affirmative Defenses to Plaintiffs’ Complaint and states the following: 1 The allegations contained in paragraph 1 are admitted for jurisdictional purposes only, otherwise denied. Defendant admits that it is a corporation duly licensed and authorized to transact insurance business in the State of Florida, including Charlotte County. All other allegations contained therein in paragraph 2 are denied, and strict proof is demanded thereof. The allegations contained in paragraph 3 are admitted for jurisdictional purposes only, otherwise denied. Defendant admits that is issued an insurance policy pertaining to the premises located at 127 Marker Road, Rotonda West, FL 33947, bearing policy number UDV 2449316 00 01 (hereinafter the Policy!) to the Plaintiffs, and that the terms and conditions explicitly stated therein speak for themselves and are subject to all applicable exceptions, exclusions, limitations, and defenses. All other allegations contained in paragraph 4 are denied, and strict proof is demanded thereof. Defendant admits that is issued an insurance policy pertaining to the premises located at 127 Marker Road, Rotonda West, FL 33947, bearing policy number UDV 2449316 00 01 (hereinafter the Policy’) to the Plaintiffs, and that the terms and conditions explicitly stated therein speak for themselves and are subject to all applicable exceptions, exclusions, limitations, and defenses. All other allegations contained in paragraph 5 are denied, and strict proof is demanded thereof. Defendant admits that the terms and conditions explicitly stated in the Policy speak for themselves and are subject to all applicable exceptions, exclusions, limitations, and defenses. All other allegations contained in paragraph 6 are denied, and strict proof is demanded thereof. The allegations contained in paragraph 7 are denied, and strict proof is demanded thereof. Defendant admits that the Policy speaks for itself. All other allegations contained in paragraph 8 are denied, and strict proof is demanded thereof. The allegations contained in paragraph 9 are denied, and strict proof is demanded thereof. 10. Defendant admits that is assigned claim number 21FL00107466 to Plaintiffs alleged damages. All other allegations contained in paragraph 10 are denied, and strict proof is demanded thereof. 11 Defendant admits it inspected the property following Plaintiffs report of the alleged damages. All other allegations contained in paragraph 11 are denied, and strict proof is demanded thereof. 12, The allegations contained in paragraph 12 are denied, and strict proof is demanded thereof. 13, The allegations contained in paragraph 13 are denied, and strict proof is demanded thereof. 14 The allegations contained in paragraph 14 are admitted for jurisdictional purposes only. All other allegations contained in paragraph 14 are denied, and strict proof is demanded thereof. COUNT I UBREACH OF CONTRACT 15. Defendant restates and reincorporates its responses to Paragraphs 1 through 15 above as if fully set forth herein. 16. The allegations contained in paragraph 16 are denied, and strict proof is demanded thereof. 17. The allegations contained in paragraph 17 are denied, and strict proof is demanded thereof. 18, The allegations contained in paragraph 18 are denied, and strict proof is demanded thereof. 19. The allegations contained in paragraph 19 are denied, and strict proof is demanded thereof. 20. The allegations contained in paragraph 20 are denied, and strict proof is demanded thereof. 21 The allegations contained in paragraph 21 are denied, and strict proof is demanded thereof. 22. The allegations contained in paragraph 22 are denied, and strict proof is demanded thereof. 23. The allegations contained in paragraph 23 are denied, and strict proof is demanded thereof. 24 The allegations contained in paragraph 24 are denied, and strict proof is demanded thereof. AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE Defendant states Plaintiffsi| alleged damages are excluded under the applicable policy as indicated in the Coverage Determination Letter dated August 30, 2021. SECOND AFFIRMATIVE DEFENSE Pursuant to the applicable insurance policy, for any alleged covered loss, the Defendant is entitled to a set-off for any and all applicable deductibles. THIRD AFFIRMATIVE DEFENSE The subject policy of insurance does not provide coverage for damage caused by wear and tear, marring, deterioration, inherent vice, latent defect, mechanical breakdown, smog, rust or other corrosion, mold, wet or dry rot. FOURTH AFFIRMATIVE DEFENSE The subject policy of insurance does not provide coverage for settling, shrinking, bulging or expansion, including resultant cracking, of bulkheads, pavements, patios, footings, foundations, walls, floors, roofs or ceilings. FIFTH AFFIRMATIVE DEFENSE The subject policy of insurance does not provide coverage for faulty, inadequate, or defective, planning, zoning, development, surveying, siting, design, specifications, workmanship, repair, construction, renovation, remodeling, grading, compaction, materials used in repair, construction, renovation or remodeling, and maintenance (of part or all of the property). SIXTH AFFIRMATIVE DEFENSE Any judgment resulting in the payment of insurance proceeds is subject to the applicable policy deductible provision, and any judgment resulting in the payment of insurance proceeds is subject to the applicable policy coverage limits. SEVENTH AFFIRMATIVE DEFENSE Plaintiffs_action is barred by, and subject to, any and all coverage defenses and/or exclusions provided by the policy of insurance and/or at law, and Defendant specifically reserves the right to raise such coverage defenses or exclusions. EIGHTH AFFIRMATIVE DEFENSE The subject policy of insurance does not cover a loss caused by water into the interior of the building unless the damage was the result of a storm created opening. Defendant is not liable for any claimed interior damages as an inspection of the interior was denied. Further, the tenants confirmed there were no interior damages during the inspection on May 4, 2021. NINTH AFFIRMATIVE DEFENSE Plaintiffs\ property contains less than the twenty-five percent (25%) of storm damage which is the threshold specified in Section 706.1.1 of the Code and the roof is not required to be replaced to conform to requirements of the Code. TENTH AFFIRMATIVE DEFENSE Plaintiffs claim for insurance proceeds is barred because Plaintiffs failed to provide a pre-suit notice pursuant to the requirements of [| 627.70152, Fla. Stat. (2021). DEMAND FOR JURY TRIAL Defendant hereby demands a trial by jury as to all issues so triable. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on February 17, 2022, the foregoing was electronically filed through the Florida Courts E-Filing Portal which will send a notice of electronic filing to: Anthony M. Dennis, Kanner & Pintaluga, P.A., 2020 Ponce De Leon, PH2, Coral Gables, FL 33134, adennis@kpattorney.com, jherrera@kpattorney.com, FirstPartyEService@kpattorney.com. /s/ C. DeWitt Revels, III C. DEWITT REVELS, III, ESQ. Florida Bar No. 0073573 Walker, Revels, Greninger & Netcher, PLLC 189 S. Orange Ave., Suite 1830 Orlando, Florida 32801 Tel: 407-789-1830 Fax: 321-251-2236 DRevels@wrg.law RKhan@wrg.law CDR-service@wrg.law RAK-service@wrg.law Attorneys for Defendant, UNITED PROPERTY AND CASUALTY INSURANCE COMPANY