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Filing # 105656304 E-Filed 03/31/2020 10:47:20 AM
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO.: CACE-19-22883
15020 ASSOCIATES REALTY,
Plaintiff,
Vv.
CITIZENS PROPERTY INSURANCE
CORPORATION,
Defendant,
/
RE-NOTICE OF TAKING DEPOSITION
(This cancels the deposition scheduled on 4/2/2020)
PLEASE TAKE NOTICE that the undersigned attorney will take the deposition of:
NAME DATE/TIME LOCATION
Corporate Representative May 15, 2020 US Legal
c/o Citizens Property at 9:00am 225 Water Street
Insurance Corporation Suite 1200
Jacksonville, FL 32202
Upon oral continuation before U.S. Legal Court Reporting, a Notary Public in and for the
State of Florida at Large, or some other officer authorized by law to take depositions. The
deposition will continue day to day until completed. The deposition is being taken for the purpose
of discovery, for use at trial, or both of the foregoing or for such other purposes as are permitted
under the applicable and governing rules.
Further, as explained in Carriage Hills Condominium, Inc. v. JBH, 109 So. 3d 329 (Fla. 4
DCA 2013), the person designated by the Corporate Defendant to testify on its behalf as to the
corporation’s collective knowledge and position, shall testify on matters known or reasonably
available to the Defendant, of the subject matters described in Schedule “A” and of the documents
listed in Schedule “B.”
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 03/31/2020 10:47:20 AM.****In an effort to expedite the deposition, Plaintiff's counsel requests that the requested
documents hereinabove be produced at least ten (10) days before the date of the deposition, to
allow the Parties to conduct the deposition quickly and efficiently. This will eliminate the need for
Plaintiff's counsel having to review the documents for the first time at the deposition with
deponent.
CERTIFICATE OF SERVICE
1 HEREBY CERTIFY that on this 31“ day of March 2020, a true and correct copy
of the foregoing has been electronically filed via Florida Courts E-Filing Portal Filing System and
served by E-Mail, to: Elizabeth Gonzalez, Esq., Wadsworth, Margrey & Dixon, LLP, 261 NE Ist
Street, 5th Floor, Miami, FL 33132, eg@wmd-law.org, cw@cmd-law.org, pleadings@wmd-
law.org.
MORGAN & MORGAN, P.A.
Attorneys for Plaintiff
703 Waterford Way, Suite 1050
Miami, FL 33126
Phone: (305) 929-1910
Fax: (305) 929-1928
Email: pgraves@forthepeople.com (Primary)
lhaber@forthepeople.com (Secondary)
By: /s/ Patrick Graves, Esq.
Patrick Graves, Esq.
Florida Bar No.: 10054510.
SCHEDULE “A”
(The Subjects and Areas of Inquiry)
. The Corporate Representative who can identify by full name and company title of all those
persons who participated in making the decisions by or on behalf of Defendant determining
the value of Plaintiff's claim, to pay Plaintiffs claim, or to withhold any payment(s) of
insurance proceeds to the Plaintiffs for his/her claim under the insurance policy.
. The Corporate Representative with knowledge of Defendant’s investigation, adjustment,
and valuation of Plaintiff's claim.
. The Corporate Representative with knowledge about the factual basis and all policy
language upon which Defendant’s Answer is based, including all denials and affirmative
defenses raised by Defendant in this cause.
The Corporate Representative who can identify and explain how the events which occurred
to cause Plaintiff's damages constitute events excluded from the coverage provided by the
policy of insurance or why Plaintiff's claim for damages are not otherwise covered under
the policy of insurance.
The Corporate Representative who can describe comprehensively and in detail Defendant’s
investigation, adjustment and handling of the Plaintiff's claim from the date it was initially
reported to Defendant until the date of this lawsuit.
The Corporate Representative who can describe, comprehensively and in detail, any and
all decisions made on behalf of Defendant with regard to the adjustment, investigation, and
payment or failure to pay Plaintiff's claim which is the subject of this suit and the basis for
those decisions.
The Corporate Representative who can testify regarding the date Defendant reasonably
anticipated litigation with Plaintiffs for the subject claim and all circumstances which gave
rise to the Defendant’s reasonable expectation or belief that litigation would ensue, result
or arise regarding Plaintiff’s claim at issue in this lawsuit.
. The Corporate Representative who can identify and explain Defendant’s responses to
Plaintiff's discovery requests and all facts and policy language which support Defendant’s
responses to Plaintiffs discovery requests.
The Corporate Representative who can testify regarding the cause of loss that Defendant
attributed to Plaintiff's claim and all reasons for Defendant’s assignment of that cause of
loss.
The Corporate Representative who can describe and state in detail and with specificity all
damages to Plaintiff's insured property, caused, directly or indirectly, by the subject
incident.11. The Corporate Representative who can describe the details of any inspections of the
Plaintiff's property.
SCHEDULE “B”
(The Documents to be Produced)
1. All documents you reviewed in preparation for this deposition.
2. All documents you will rely on in responding to the topics in Schedule “A” during this
deposition.
3. For any documents withheld from paragraphs 1 and 2 above due to a claim of attorney-
client privilege, work product privilege or any other claimed right of privilege, provide a
privilege log pursuant to Florida Rule of Civil Procedure 1.280(b)(5).
4. The complete original written, printed and electronic claim file(s) of Defendant and its
adjuster(s) including all independent or third-party adjusters involved in adjusting,
inspecting, and handling Plaintiff's’ claim or loss (cover-to-cover), from the home office,
regional office and local office for the subject claim.
5. All checks reflecting payments made to Plaintiffs to date.
6. A certified copy of the policy of insurance in effect on the subject date of loss.
7. Copies of all summaries of statements made by Plaintiffs and all recorded transcribed
statements and Examinations Under Oath taken by you, your representative(s) and/or your
attorneys of Plaintiffs.
8. Copies of all correspondence, notices, reports or other communications between you and
your representatives and Plaintiffs and their representatives regarding the loss at the insured
property.
9. Copies of all letters from Defendant that make payment, deny payment, authorize payment
or withhold payment for the subject claim.
10. Copies of all documents in your possession, custody or control relating to the insured
property, including but not limited to: photographs, video tapes, estimates, sketches,
drawings, field notes, estimates for damage(s), reports relied upon by you, reports prepared
by you or reports prepared for you or on your behalf regarding the loss at the insured
property.
11. Copies of all property damage inventories, estimates or reports prepared and received by
you and upon which you relied in reaching your conclusions concerning valuation of the
loss.12
14.
15.
16.
17.
. Any reports by engineers, plumbers, roofers, general contractors, or other entities regarding
the cause of loss.
. Any and all documents, statements, notes, measurements, test results and related materials
relied upon by you in reaching your conclusions to make payment, deny payment, authorize
payment or withhold payment of the subject claim.
All documents which indicate or support the date when Defendant contends it first
reasonably expected or anticipated litigation with Plaintiffs and the reasons and factual
circumstances which gave rise to that expectation or belief.
Defendant’s Privilege Log prepared pursuant to Florida Rule of Civil Procedure
1.280(b)(5) identifying with particularity any and all documents withheld from
Defendant’s response to the proceeding paragraphs as privileged, confidential, or otherwise
protected from discovery.
Copies of all IRS Forms 1099 from Defendant to any consultants who examined Plaintiff’s’
home (whether engineers, contractors or roofers) for past 5 years for the evaluation of
claims submitted to Defendant by Defendant’s insureds.
Any pre-loss inspection and photographs of the Plaintiffs property, including any
documents or pictures related to any prior claims made by Plaintiffs, if prior claims and/or
pre-existing damage were a reason to deny or underpay this claim.
Preview
Filing # 105656304 E-Filed 03/31/2020 10:47:20 AM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: CACE-19-22883 15020 ASSOCIATES REALTY, Plaintiff, Vv. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant, / RE-NOTICE OF TAKING DEPOSITION (This cancels the deposition scheduled on 4/2/2020) PLEASE TAKE NOTICE that the undersigned attorney will take the deposition of: NAME DATE/TIME LOCATION Corporate Representative May 15, 2020 US Legal c/o Citizens Property at 9:00am 225 Water Street Insurance Corporation Suite 1200 Jacksonville, FL 32202 Upon oral continuation before U.S. Legal Court Reporting, a Notary Public in and for the State of Florida at Large, or some other officer authorized by law to take depositions. The deposition will continue day to day until completed. The deposition is being taken for the purpose of discovery, for use at trial, or both of the foregoing or for such other purposes as are permitted under the applicable and governing rules. Further, as explained in Carriage Hills Condominium, Inc. v. JBH, 109 So. 3d 329 (Fla. 4 DCA 2013), the person designated by the Corporate Defendant to testify on its behalf as to the corporation’s collective knowledge and position, shall testify on matters known or reasonably available to the Defendant, of the subject matters described in Schedule “A” and of the documents listed in Schedule “B.” *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 03/31/2020 10:47:20 AM.****In an effort to expedite the deposition, Plaintiff's counsel requests that the requested documents hereinabove be produced at least ten (10) days before the date of the deposition, to allow the Parties to conduct the deposition quickly and efficiently. This will eliminate the need for Plaintiff's counsel having to review the documents for the first time at the deposition with deponent. CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that on this 31“ day of March 2020, a true and correct copy of the foregoing has been electronically filed via Florida Courts E-Filing Portal Filing System and served by E-Mail, to: Elizabeth Gonzalez, Esq., Wadsworth, Margrey & Dixon, LLP, 261 NE Ist Street, 5th Floor, Miami, FL 33132, eg@wmd-law.org, cw@cmd-law.org, pleadings@wmd- law.org. MORGAN & MORGAN, P.A. Attorneys for Plaintiff 703 Waterford Way, Suite 1050 Miami, FL 33126 Phone: (305) 929-1910 Fax: (305) 929-1928 Email: pgraves@forthepeople.com (Primary) lhaber@forthepeople.com (Secondary) By: /s/ Patrick Graves, Esq. Patrick Graves, Esq. Florida Bar No.: 10054510. SCHEDULE “A” (The Subjects and Areas of Inquiry) . The Corporate Representative who can identify by full name and company title of all those persons who participated in making the decisions by or on behalf of Defendant determining the value of Plaintiff's claim, to pay Plaintiffs claim, or to withhold any payment(s) of insurance proceeds to the Plaintiffs for his/her claim under the insurance policy. . The Corporate Representative with knowledge of Defendant’s investigation, adjustment, and valuation of Plaintiff's claim. . The Corporate Representative with knowledge about the factual basis and all policy language upon which Defendant’s Answer is based, including all denials and affirmative defenses raised by Defendant in this cause. The Corporate Representative who can identify and explain how the events which occurred to cause Plaintiff's damages constitute events excluded from the coverage provided by the policy of insurance or why Plaintiff's claim for damages are not otherwise covered under the policy of insurance. The Corporate Representative who can describe comprehensively and in detail Defendant’s investigation, adjustment and handling of the Plaintiff's claim from the date it was initially reported to Defendant until the date of this lawsuit. The Corporate Representative who can describe, comprehensively and in detail, any and all decisions made on behalf of Defendant with regard to the adjustment, investigation, and payment or failure to pay Plaintiff's claim which is the subject of this suit and the basis for those decisions. The Corporate Representative who can testify regarding the date Defendant reasonably anticipated litigation with Plaintiffs for the subject claim and all circumstances which gave rise to the Defendant’s reasonable expectation or belief that litigation would ensue, result or arise regarding Plaintiff’s claim at issue in this lawsuit. . The Corporate Representative who can identify and explain Defendant’s responses to Plaintiff's discovery requests and all facts and policy language which support Defendant’s responses to Plaintiffs discovery requests. The Corporate Representative who can testify regarding the cause of loss that Defendant attributed to Plaintiff's claim and all reasons for Defendant’s assignment of that cause of loss. The Corporate Representative who can describe and state in detail and with specificity all damages to Plaintiff's insured property, caused, directly or indirectly, by the subject incident.11. The Corporate Representative who can describe the details of any inspections of the Plaintiff's property. SCHEDULE “B” (The Documents to be Produced) 1. All documents you reviewed in preparation for this deposition. 2. All documents you will rely on in responding to the topics in Schedule “A” during this deposition. 3. For any documents withheld from paragraphs 1 and 2 above due to a claim of attorney- client privilege, work product privilege or any other claimed right of privilege, provide a privilege log pursuant to Florida Rule of Civil Procedure 1.280(b)(5). 4. The complete original written, printed and electronic claim file(s) of Defendant and its adjuster(s) including all independent or third-party adjusters involved in adjusting, inspecting, and handling Plaintiff's’ claim or loss (cover-to-cover), from the home office, regional office and local office for the subject claim. 5. All checks reflecting payments made to Plaintiffs to date. 6. A certified copy of the policy of insurance in effect on the subject date of loss. 7. Copies of all summaries of statements made by Plaintiffs and all recorded transcribed statements and Examinations Under Oath taken by you, your representative(s) and/or your attorneys of Plaintiffs. 8. Copies of all correspondence, notices, reports or other communications between you and your representatives and Plaintiffs and their representatives regarding the loss at the insured property. 9. Copies of all letters from Defendant that make payment, deny payment, authorize payment or withhold payment for the subject claim. 10. Copies of all documents in your possession, custody or control relating to the insured property, including but not limited to: photographs, video tapes, estimates, sketches, drawings, field notes, estimates for damage(s), reports relied upon by you, reports prepared by you or reports prepared for you or on your behalf regarding the loss at the insured property. 11. Copies of all property damage inventories, estimates or reports prepared and received by you and upon which you relied in reaching your conclusions concerning valuation of the loss.12 14. 15. 16. 17. . Any reports by engineers, plumbers, roofers, general contractors, or other entities regarding the cause of loss. . Any and all documents, statements, notes, measurements, test results and related materials relied upon by you in reaching your conclusions to make payment, deny payment, authorize payment or withhold payment of the subject claim. All documents which indicate or support the date when Defendant contends it first reasonably expected or anticipated litigation with Plaintiffs and the reasons and factual circumstances which gave rise to that expectation or belief. Defendant’s Privilege Log prepared pursuant to Florida Rule of Civil Procedure 1.280(b)(5) identifying with particularity any and all documents withheld from Defendant’s response to the proceeding paragraphs as privileged, confidential, or otherwise protected from discovery. Copies of all IRS Forms 1099 from Defendant to any consultants who examined Plaintiff’s’ home (whether engineers, contractors or roofers) for past 5 years for the evaluation of claims submitted to Defendant by Defendant’s insureds. Any pre-loss inspection and photographs of the Plaintiffs property, including any documents or pictures related to any prior claims made by Plaintiffs, if prior claims and/or pre-existing damage were a reason to deny or underpay this claim.