Filing # 126414088 E-Filed 05/07/2021 04:02:11 PM
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`Case Number: CACE-2l—009293 Division: 09
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`IN THE CIRCUIT COURT OF THE 17TH
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`JUDICIAL CIRCUIT, IN AND FOR
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`BROWARD COUNTY, FLORIDA
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`JOEL SCHUTTE, JR.,
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`Plaintiff,
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`CASE NO:
`
`VS.
`
`as
`FITZROY FLETCHER, DEV MOTWANI,
`General Partner of CHIEFTAIN ATLANTA, LP, a
`Georgia Limited Partnership and STATE FARM
`MUTUAL
`AUTOMOBILE
`INSURANCE
`
`COMPANY, an Illinois Corporation,
`
`Defendants.
`
`/
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`PLAINTIFF’S RE UEST FOR ADMISSIONS TO DEFENDANT STATE FARM
`
`MUTUAL AUTOMOBILE INSURANCE COMPANY
`
`PURSUANT to Rule 1.370, Florida Rules of Civil Procedure, Defendant is hereby
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`requested to admit the truth of these matters hereinafter set forth within forty-five (45) days after
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`service hereof by answering in writing and admitting or denying the following:
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`1.
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`At all times material to the Complaint, Defendant was and is a foreign corporation
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`licensed to do business in the State of Florida and engaged in the business of
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`automobile insurance.
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`2.
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`Defendant maintains agents in Broward County, Florida, for the transacting of its
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`customary business in Broward County, Florida.
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`3.
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`Defendant
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`insured NON-PARTY, PETER Y. YAN under an automobile
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`insurance policy which provides UM coverage for the subject accident.
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`4.
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`The above-described automobile policy issued by the Defendant was in full force
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`and effect for the subject accident of and provides UM coverage for bodily
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`injuries sustained by the Plaintiff in the subject accident.
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`5.
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`Venue lies in BROWARD, Florida for this action.
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`*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/07/2021 04:02:07 PM.****
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`
`
`Case Number: CACE-2l—009293 Division: 09
`
`IN THE CIRCUIT COURT OF THE 17TH
`
`JUDICIAL CIRCUIT, IN AND FOR
`
`BROWARD COUNTY, FLORIDA
`
`JOEL SCHUTTE, JR.,
`
`Plaintiff,
`
`CASE NO:
`
`VS.
`
`as
`FITZROY FLETCHER, DEV MOTWANI,
`General Partner of CHIEFTAIN ATLANTA, LP, a
`Georgia Limited Partnership and STATE FARM
`MUTUAL
`AUTOMOBILE
`INSURANCE
`
`COMPANY, an Illinois Corporation,
`
`Defendants.
`
`/
`
`PLAINTIFF’S RE UEST FOR ADMISSIONS TO DEFENDANT STATE FARM
`
`MUTUAL AUTOMOBILE INSURANCE COMPANY
`
`PURSUANT to Rule 1.370, Florida Rules of Civil Procedure, Defendant is hereby
`
`requested to admit the truth of these matters hereinafter set forth within forty-five (45) days after
`
`service hereof by answering in writing and admitting or denying the following:
`
`1.
`
`At all times material to the Complaint, Defendant was and is a foreign corporation
`
`licensed to do business in the State of Florida and engaged in the business of
`
`automobile insurance.
`
`2.
`
`Defendant maintains agents in Broward County, Florida, for the transacting of its
`
`customary business in Broward County, Florida.
`
`3.
`
`Defendant
`
`insured NON-PARTY, PETER Y. YAN under an automobile
`
`insurance policy which provides UM coverage for the subject accident.
`
`4.
`
`The above-described automobile policy issued by the Defendant was in full force
`
`and effect for the subject accident of and provides UM coverage for bodily
`
`injuries sustained by the Plaintiff in the subject accident.
`
`5.
`
`Venue lies in BROWARD, Florida for this action.
`
`*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/07/2021 04:02:07 PM.****
`
`
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`The above-styled Court, in and for BROWARD, Florida, has jurisdiction over the
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`claim of the Plaintiff against Defendant.
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`Defendant has no coverage defense to Plaintiff’ s UM claims except
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`that
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`it
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`maintains its policy does not provide UM coverage for any punitive damages
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`awarded Defendant.
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`Defendant has not denied coverage except to claim that
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`its policy does not
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`provide UM coverage for any punitive damages awarded against, Defendant.
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`Plaintiff’ s policy with Defendant is required to conform to all requirements of
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`Florida Statute 627.727.
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`Plaintiff’ s policy with Defendant State Farm Mutual Automobile Insurance
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`Company is required to provide all coverage described in Florida Statue 627.727.
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`Plaintiff’ s policy with Defendant, even if it does not by its own terms comply
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`with the requirements set forth in Florida Statute 627.727, is deemed to provide
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`insurance for the payment of the required coverage and should be interpreted to
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`meet the other requirements set forth in the Florida Statute 627.727.
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`Under the Plaintiff’ s policy with Defendant the provisions of Florida Statue
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`627.428 apply to any dispute between Plaintiff and Defendant concerning the
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`coverage pursuant to Florida Statutes 627.727 (8).
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`Shortly after the date of the accident Defendant was furnished with written notice
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`of loss and the UM claims herein were otherwise timely made.
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`Defendant
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`denies that there is UM coverage under its policy for punitive
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`damages.
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`Florida public policy does not preclude insurance coverage of punitive damages
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`when the insured is not personally at fault, but is merely vicariously liable for
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`another’s wrong.
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`The word “compensatory” was stricken from 627.727 effective October 1,
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`10.
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`11.
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`12.
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`13.
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`14.
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`15.
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`16.
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`
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`17.
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`18.
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`19.
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`20.
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`21.
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`22.
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`23.
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`24.
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`25.
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`26.
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`27.
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`1989 after it had been added but before an earlier amendment took effect.
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`Chapter 89-243, Section 1, Laws of Florida amended F.S. 627.727.
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`F.S. 627.727(1)(1989) applies to the instant case since it involves an accident that
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`occurred on November 9, 2017.
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`F.S. 627.727 (1)(1989) provides in its relevant part (emphasis supplied):
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`uninsured motor vehicle coverage is provided therein or supplemental
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`thereto for the protection of persons insured thereunder who are legally
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`entitled to recover damages from owners or operators of uninsured
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`motor vehicles because of bodily injury, sickness, or disease, including
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`death, resulting therefrom.
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`The insurance code, as well as insurance policies, will be construed in
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`favor of the insured and insurance coverage.
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`If the plain meaning of F.S. 627.727(1)(1989) is doubtful in any way, this
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`Court should apply a meaning that results in broader UM coverage.
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`A remedial statute must be construed to protect the insured (or victim)
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`rather than the insurer.
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`F.S. 627.727(1)(1989) is a remedial statute.
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`Defendant has procedures for pursuing reimbursement for uninsured motorist for
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`any and all damages it must pay under its UM coverage.
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`Defendant is assiduous in its pursuit of reimbursement for uninsured motorist for
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`any and all damages it must pay under its UM coverage.
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`Defendant is diligent in its pursuit of reimbursement from uninsured motorist for
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`any and all damages it must pay under its UM coverage.
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`Defendant is organized in its pursuit of reimbursement from uninsured motorist
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`for any and all damages it must pay under its UM coverage.
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`
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`28.
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`29.
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`30.
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`31.
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`32.
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`33.
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`34.
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`35.
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`Defendant encourages its adjusters financially in its pursuit of reimbursement
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`from uninsured motorist for any and all damages it must pay under its UM
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`coverage.
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`Defendant has staff attorneys who are qualified to take action on its behalf in its
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`pursuit of reimbursement from uninsured motorist for any and all damages on its
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`behalf in its pursuit of reimbursement from uninsured motorist for any and all
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`damages it must pay under its UM coverage.
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`Defendant has legal expertise in its pursuit of reimbursement from uninsured
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`motorist for any and all damages it must pay under its UM coverage.
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`Defendant is competent in its pursuit of reimbursement from uninsured motorist
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`for any and all damages it must pay under UM coverage.
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`Defendant is thorough in its pursuit of reimbursement from uninsured motorist for
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`any and all damages it must pay under its UM coverage.
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`Defendant has claims adjusting expertise in its pursuit of reimbursement from
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`uninsured motorist for any and all damages it must pay under its UM coverage.
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`Defendant provides training materials to its adjusters on subrogation in its pursuit
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`of reimbursement from uninsured motorist for any and all damages it must pay
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`under its UM coverage.
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`Defendant has been successful in obtaining reimbursement of subrogation money
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`in its pursuit of reimbursement from uninsured motorist for any and all damages it
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`must pay under its UM coverage
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`CERTIFICATE OF SERVICE
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`WE HEREBY CERTIFY that a true and correct copy of the foregoing was furnished
`with the initial service of process to STATE FARM MUTUAL AUTOMOBILE INSURANCE
`COMPANY.
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`GED LAWYERS, LLP
`Attorneys for Plaintifl
`7171 North Federal Highway
`Boca Raton, FL 33487
`Telephone: (561) 995-1966
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`
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`Facsimile: (561) 241-0812
`Primary Email: litlaw@gedlawyers.com
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`
`/s/Mark Packo
`
`Mark Packo, Esq.
`Florida Bar No.: 47546
`
`
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