`
`IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
`IN AND FOR ORANGE COUNTY, FLORIDA
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`CASE NO: 2021-CA-011941-0
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`BRYAN CASTANEDA and
`ALEXIS MUNOZ,
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`
`
`Vs.
`
`AVATAR PROPERTY & CASUALTY
`INSURANCE COMPANY
`
`Defendant.
`
`____________________/
`
`
`Plaintiff(s)
`
`DEFENDANT’S RESPONSE TO PLAINTIFF’S REQUEST FOR ADMISSIONS
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`The Defendant, AVATAR PROPERTY & CASUALTY INSURANCE COMPANY, by
`
`and through undersigned counsel hereby files its response to Plaintiff’s Request for Admissions:
`
`1. Admit that on the date of the alleged loss described in the Complaint that the policy as described
`in the Complaint was in full force and effect.
`
`
`
`2. Admit that the Plaintiff(s) is/are the named insured under the Insurance Policy named in the
`Complaint.
`
`
`.
`3. Admit that the premises described in the Complaint are the insured premises as described in the
`Complaint.
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`
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`4. Admit that the Plaintiff(s) submitted to Defendant a written estimate of repairs for the damage
`alleged to have occurred by reason of the alleged loss as described in the Complaint.
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`
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`ANSWER: Admitted.
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`ANSWER: Admitted.
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`ANSWER: Admitted.
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`ANSWER: Admitted.
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`ANSWER: Denied.
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`ANSWER: Admitted.
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`ANSWER: Admitted.
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`5. Admit that the Plaintiff(s) has/have fully cooperated with Defendant with respect to all
`investigation and inspection of the subject premises.
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`
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`6. Admit that Defendant did not take or request a recorded statement of the Plaintiff(s) with
`response to the subject loss.
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`
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`7. Admit that Defendant did not take or request an examination under oath of the Plaintiff(s) with
`regard to the subject loss.
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`
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`8. Admit that the Plaintiff(s) has/have complied with all pre-loss and post-loss obligations required
`by the policy or requested by the Defendant as set forth in the insurance policy.
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`
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`9. Admit that there is a disagreement between the Plaintiff and Defendant as to the amount of the
`alleged loss in the Complaint.
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`
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`10. Admit that prior to the date of filing this lawsuit, Defendant did not request of Plaintiff(s), in
`writing that Plaintiff(s) submit to an examination under oath for the alleged loss described in the
`Complaint.
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`
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`11. Admit that prior to the date of filing this lawsuit, Defendant did not request of Plaintiff(s) in
`writing that Plaintiff(s) send a sworn proof of loss for the alleged loss alleged in the Complaint.
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`
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`12. Admit that prior to the date of filing this lawsuit, that one or more of Defendant’s agents or
`adjusters were showed, or visited or inspected the alleged damage as alleged in the Complaint.
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`
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`ANSWER: Admitted.
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`ANSWER: Denied.
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`ANSWER: Admitted.
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`ANSWER: Admitted.
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`ANSWER: Admitted.
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`
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`ANSWER: Admitted.
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`ANSWER: Admitted.
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`13. Admit that prior to the date of loss described in the Complaint, one or more of Defendant’s
`agents or adjusters or employees conducted an inspection of the property described in the
`Complaint.
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`
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`14. Admit that prior to the loss described in the Complaint, that one or more of Defendant’s
`adjusters or employees were present at the property described in the Complaint.
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`
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`15. Admit that at least one of the reasons Defendant’s refusal to pay any amount, or the amount
`requested by the Plaintiff(s), to restore the property to its pre-loss condition is based on one or
`more of Defendant’s agents, adjusters or employee’s inspection and/or estimate of the subject
`property.
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`
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`16. Admit that Defendant’s agents, adjusters or employees, who are involved on this case, have
`attended annual training course which involved training related to matters involved in this case at
`the direction, requirement, encouragement or otherwise of Defendant.
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`
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`17. Admit that Defendant has issued a payment to Plaintiff(s) in connection with the subject claim.
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`
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`18. Admit that Defendant has issued a coverage determination in connection with the subject
`claim.
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`
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`19. Admit that Defendant has extended coverage to Plaintiff’s claim pursuant to the subject policy
`of insurance.
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`
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`ANSWER: Admitted.
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`ANSWER: Admitted.
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`ANSWER: Admitted.
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`ANSWER: Admitted.
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`ANSWER: Admitted.
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`
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` WE HEREBY CERTIFY that a true and correct copy of the foregoing was served via
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`CERTIFICATE OF SERVICE
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`Florida Courts E-Filing Portal, pursuant to Fla. R. Jud. Admin. 2.516(b)(1), on the 14th day of
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`February, 2022 to:
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`Property Litigation Group, LLC
`Vin Roy Venkatesh, Esq.
`Florida Bar No. 123711
`2750 SW 145th Ave., Suite 509
`Miramar, FL 33027
`Tel: (786) 703-8810
`Primary: service@plglawyersfl.com
`Secondary: vv@plglawyersfl.com
`Email: mb@plglawyersfl.com
`
`
`
`
`Avatar Property & Casualty Insurance Company
`1101 E. Cumberland Avenue
`Tampa, Florida 33602
`Telephone: (813) 514-0333
`eservice@avatarins.com
`
`/s/ Felicia Barry, Esq.
`Felicia Barry, Esq.
`Florida Bar No. 110571
`Direct: (813) 514-0236
`Email: feliciab@avatarins.com
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