24 Fla. L. Weekly Supp. 768c
Online Reference: FLWSUPP 2409HARLInsurance — Property — Insurer’s eleven affirmative defenses to complaint for property damage are stricken with leave to amend nine of those defenses
RUBY HARLEY, Plaintiff, v. AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDA, Defendant. County Court, 18th Judicial Circuit in and for Seminole County. Case No. 2016-CC-000443. November 9, 2016. Frederic M. Schott, Judge. Counsel: Patrick Zurita, Daniel Gutierrez, P.A., Orlando, for Plaintiff. Scott Dornstein, American Integrity Insurance Company, Tampa, for Defendant.
AGREED ORDER ON PLAINTIFF’S MOTION TOSTRIKE DEFENDANT’S AFFIRMATIVE DEFENSES, ORIN THE ALTERNATIVE, MOTION FOR AMORE DEFINITE STATEMENT
THIS MATTER came before the Court on October 31, 2016 on Plaintiff’s Motion to Strike Defendant’s Affirmative Defenses, or in the Alternative, Motion for a More Definite Statement, for the above-styled matter, having heard the argument of counsel and being duly advised in the premise; it is hereby ORDERED and ADJUDGED as follows:
1. Plaintiff’s Motion to Strike Defendant’s Affirmative Defenses, or in the Alternative, Motion for a More Definite Statement is GRANTED, with Affirmative Defenses One (1) and Eleven (11) being permanently stricken, and the remaining Affirmative Defenses are stricken with leave to amend as follows:
2. Defendant’s Second Affirmative Defense, “the Plaintiff’s complained of damages are not covered pursuant to terms of the subject insurance policy because the damages alleged were caused by wear and tear, marring, or deterioration,” is stricken. Defendant is granted leave to amend this Affirmative Defense, add factual support and attach any supporting documents in Defendant’s possession.
3. Defendant’s Third Affirmative Defense, “the Plaintiff’s complained of damages are not covered pursuant to terms of the subject insurance policy because the Plaintiff breached aid contract by failing to give prompt notice of the alleged claim,” is stricken. Defendant is granted leave to amend this Affirmative Defense, add factual support and attach any supporting documents in Defendant’s possession.
4. Defendant’s Fourth Affirmative Defense, “the Plaintiff’s complained of damages are not covered pursuant to terms of the subject insurance policy because the Plaintiff failed to protect the property from further damage by making reasonable and necessary repairs to the property,” is stricken. Defendant is granted leave to amend this Affirmative Defense, add factual support and attach any supporting documents in Defendant’s possession.
5. Defendant’s Fifth Affirmative Defense, “the Plaintiff’s complained of damages are not covered pursuant to terms of the subject insurance policy because the alleged damages were caused by inherent vice, latent defect, defect or mechanical breakdown,” is stricken. Defendant is granted leave to amend this Affirmative Defense, add factual support and attach any supporting documents in Defendant’s possession.
6. Defendant’s Sixth Affirmative Defense, “the Plaintiff’s complained of damages are not covered pursuant to terms of the subject insurance policy because the alleged damages were caused by rust, decay, or other corrosion,” is stricken. Defendant is granted leave to amend this Affirmative Defense, add factual support and attach any supporting documents in Defendant’s possession.
7. Defendant’s Seventh Affirmative Defense, “the Plaintiff’s complained of damages are not covered pursuant to terms of the subject insurance policy because the alleged damages were caused by faulty, inadequate or defective design, specifications, workmanship, repair, construction, renovation, remodeling, grading or compaction,” is stricken. Defendant is granted leave to amend this Affirmative Defense, add factual support and attach any supporting documents in Defendant’s possession.
8. Defendant’s Eighth Affirmative Defense, “the Plaintiff’s complained of damages are not covered pursuant to terms of the subject insurance policy because the alleged damages were caused by faulty, inadequate or defective materials used in repair, construction, renovation or remodeling,” is stricken. Defendant is granted leave to amend this Affirmative Defense, add factual support and attach any supporting documents in Defendant’s possession.
9. Defendant’s Ninth Affirmative Defense, “the Plaintiff’s complained of damages are not covered pursuant to terms of the subject insurance policy because the alleged damages were caused by faulty, inadequate or defective maintenance,” is stricken. Defendant is granted leave to amend this Affirmative Defense, add factual support and attach any supporting documents in Defendant’s possession.
10. Defendant’s Ninth [sic] Affirmative Defense, “the Plaintiff’s complained of damages are not covered pursuant to terms of the subject insurance policy because the alleged damages were caused by constant or repeated leakage and seepage,” is stricken. Defendant is granted leave to amend this Affirmative Defense, add factual support and attach any supporting documents in Defendant’s possession.
11. Defendant shall file its Amended Answer and Affirmative Defenses within twenty (20) days of entry of this Order.
12. Plaintiff’s counsel may file a subsequent Motion to Strike Defendant’s Affirmative Defenses, or in the Alternative, Motion for a More Definite Statement once Defendant files its Amended Answer and Affirmative Defenses.
