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Case Number: CACE-19-025593 Division: 25
Filing # 100337397 E-Filed 12/16/2019 09:25:44 AM
IN THE CIRCUIT COURT FOR THE SEVENTEENTH JUDICIAL CIRCUIT IN AND
FOR BROWARD COUNTY, FLORIDA
LARRY BAISDEN and
ROSETTA BAISDEN,
Plaintiffs,
vs. CASE #
HARTFORD INSURANCE COMPANY
OF THE MIDWEST,
Defendant.
/
PLAINTIFF’S FIRST REQUEST FOR PRODUCTION
Plaintiffs, LARRY BAISDEN and ROSETTA BAISDEN, pursuant to Rule
1.350, Florida Rules of Civil Procedure, hereby requests that Defendant, HARTFORD
INSURANCE COMPANY OF THE MIDWEST, produce the following documents to
the Law Offices of Comras & Comras, P.A., 1975 East Sunrise Boulevard, Suite 617,
Fort Lauderdale, FL 33304 within thirty (30) days of service hereof.
INSTRUCTIONS
If you consider any document or information within the scope of this discovery
request to be privileged or otherwise protected from discovery, Plaintiffs requests that,
within thirty (45) days from receipt hereof, you file and serve a written list of documents
withheld from production, identifying each document as follows: date; author's name,
title and address; the name and address of each person to whom a copy of the document
was sent or shown; the general nature of the document, and the grounds relied upon when
alleging the document to be privileged or protected from discovery, as proscribed by the
State of Florida. The scope of these requests include all documents beginning from the
date of purchase or closing (which ever is earlier), unless otherwise stated.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 12/16/2019 09:25:42 AM.****DEFINITIONS
"DOCUMENT" means the either the original, a duplicate, or any copy of all
written, printed, typed, recorded, graphic or photographic materials, including but
not limited to files, books, records, legers, surveys, cancelled checks, check stubs,
invoices, letter, telegrams, internal memoranda, reports, studies, calendars,
minutes from any meeting, notes, graphs, discs, or any other tangible
communication recordings.
"PERSON" OR "PERSONS" means individuals and all other entities having legal
existence including, but not limited to, corporations, general partnerships, limited
partnerships, professional associations, and governmental entities or corporations.
"IDENTIFY" when in requesting information of a "PERSON" or "PERSONS,"
means to provide their full name, address or last known address, telephone
number, profession and present place of employment. When dealing with
"PERSONS" that are corporations, general partnerships, limited partnerships,
professional associations, and or governmental entities or corporations, means to
state its name, address, principle place of business, and the nature thereof. When
dealing with "DOCUMENTS," include the name of the document, if it has one, if
not, a general description of the document, the date it was prepared, and its
current location or whereabouts.
"AGREEMENTS" means all contracts, beliefs or mutual understandings between
any "PERSONS" regardless of whether it is written or oral, enforceable,
superseded or subsequently modified. "AGREEMENTS" also include the10.
subsequently modified versions of any such contracts, beliefs, or mutual
understandings between any "PERSONS."
"PLAINTIFF" means LARRY & ROSETTA BAISDEN.
"YOU" or "YOURS" means HARTFORD INSURANCE COMPANY OF THE
MIDWEST, and their respective agents, employees, representatives, and or
anyone acting in their behalf.
DOCUMENTS REQUESTED
A complete copy of the insurance policy agreement that is the subject of this
lawsuit.
All riders, addenda and supplements to the insurance policy contract.
All correspondence and documents received from Plaintiff and/or any Public
Adjuster in connection to both the subject claims.
All memoranda prepared by defendant in connection to the subject claim,
including but not limited to evaluations, photographs, and estimates for both
the initial claims and/or any supplemental claims.
All estimates prepared by defendant in connection to both the initial and/or
supplemental claims.
All estimates prepared by any person or company in connection to the initial
and/or supplemental claims.
All written communications sent to the Plaintiff and/or any public adjuster in
connection to the initial and/or supplemental claims.
All reports prepared by Defendant in connection to the initial and/or
supplemental subject claims.
All reports prepared by non-Defendant contractors retained by Defendant to
perform work in connection to the initial and/or supplemental claims.
All payouts, checks, and/or credits issued by defendant or third party
administrator compensating plaintiff's for the loss in connection to the
allegations made in the complaint.ll.
13.
14.
15.
16.
17.
18.
All payouts, checks, and/or credits issued by defendant or third party
administrator compensating plaintiff for any prior loss.
All evaluations and assessments prepared in connection to the initial and/or
supplemental claims.
All written and/or recorded statements made by any party concerning the
subject claims.
Any and all documents, opinions, reports and/or pictures, demonstrating
plaintiff's failure to ‘give prompt notice’ to defendant, ‘protect the property
from further damage,’ and/or any failure to mitigate under the policy.
All quotes, estimates, invoices, and other documents from any contractor or
sub-contractor prepared in connection the initial and/or supplemental claims.
All agreements to insure Defendant for any liability arising out the claims that
is the subject of this lawsuit.
All documents reviewed and used in formulating answers to Plaintiff's First
Set of Interrogatories to Defendant.
Copies of any and all cancelled checks or other forms of financial
compensation paid to any company or individual who examined the plaintiffs
real property on behalf of the defendant.
By:_/s/ David A. Comras, Esq.
David A. Comras, Esq.
Florida Bar No.: 551910
LAW OFFICES OF COMRAS & COMRAS, P.A.
1975 East Sunrise Boulevard; Suite 617
Fort Lauderdale, FL 33304
Tel: (954) 765-3740
Fax: (954) 765-3742
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served
along with the Complaint.
/S/ David A. Comras
David A. Comras, Esq.
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Case Number: CACE-19-025593 Division: 25 Filing # 100337397 E-Filed 12/16/2019 09:25:44 AM IN THE CIRCUIT COURT FOR THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA LARRY BAISDEN and ROSETTA BAISDEN, Plaintiffs, vs. CASE # HARTFORD INSURANCE COMPANY OF THE MIDWEST, Defendant. / PLAINTIFF’S FIRST REQUEST FOR PRODUCTION Plaintiffs, LARRY BAISDEN and ROSETTA BAISDEN, pursuant to Rule 1.350, Florida Rules of Civil Procedure, hereby requests that Defendant, HARTFORD INSURANCE COMPANY OF THE MIDWEST, produce the following documents to the Law Offices of Comras & Comras, P.A., 1975 East Sunrise Boulevard, Suite 617, Fort Lauderdale, FL 33304 within thirty (30) days of service hereof. INSTRUCTIONS If you consider any document or information within the scope of this discovery request to be privileged or otherwise protected from discovery, Plaintiffs requests that, within thirty (45) days from receipt hereof, you file and serve a written list of documents withheld from production, identifying each document as follows: date; author's name, title and address; the name and address of each person to whom a copy of the document was sent or shown; the general nature of the document, and the grounds relied upon when alleging the document to be privileged or protected from discovery, as proscribed by the State of Florida. The scope of these requests include all documents beginning from the date of purchase or closing (which ever is earlier), unless otherwise stated. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 12/16/2019 09:25:42 AM.****DEFINITIONS "DOCUMENT" means the either the original, a duplicate, or any copy of all written, printed, typed, recorded, graphic or photographic materials, including but not limited to files, books, records, legers, surveys, cancelled checks, check stubs, invoices, letter, telegrams, internal memoranda, reports, studies, calendars, minutes from any meeting, notes, graphs, discs, or any other tangible communication recordings. "PERSON" OR "PERSONS" means individuals and all other entities having legal existence including, but not limited to, corporations, general partnerships, limited partnerships, professional associations, and governmental entities or corporations. "IDENTIFY" when in requesting information of a "PERSON" or "PERSONS," means to provide their full name, address or last known address, telephone number, profession and present place of employment. When dealing with "PERSONS" that are corporations, general partnerships, limited partnerships, professional associations, and or governmental entities or corporations, means to state its name, address, principle place of business, and the nature thereof. When dealing with "DOCUMENTS," include the name of the document, if it has one, if not, a general description of the document, the date it was prepared, and its current location or whereabouts. "AGREEMENTS" means all contracts, beliefs or mutual understandings between any "PERSONS" regardless of whether it is written or oral, enforceable, superseded or subsequently modified. "AGREEMENTS" also include the10. subsequently modified versions of any such contracts, beliefs, or mutual understandings between any "PERSONS." "PLAINTIFF" means LARRY & ROSETTA BAISDEN. "YOU" or "YOURS" means HARTFORD INSURANCE COMPANY OF THE MIDWEST, and their respective agents, employees, representatives, and or anyone acting in their behalf. DOCUMENTS REQUESTED A complete copy of the insurance policy agreement that is the subject of this lawsuit. All riders, addenda and supplements to the insurance policy contract. All correspondence and documents received from Plaintiff and/or any Public Adjuster in connection to both the subject claims. All memoranda prepared by defendant in connection to the subject claim, including but not limited to evaluations, photographs, and estimates for both the initial claims and/or any supplemental claims. All estimates prepared by defendant in connection to both the initial and/or supplemental claims. All estimates prepared by any person or company in connection to the initial and/or supplemental claims. All written communications sent to the Plaintiff and/or any public adjuster in connection to the initial and/or supplemental claims. All reports prepared by Defendant in connection to the initial and/or supplemental subject claims. All reports prepared by non-Defendant contractors retained by Defendant to perform work in connection to the initial and/or supplemental claims. All payouts, checks, and/or credits issued by defendant or third party administrator compensating plaintiff's for the loss in connection to the allegations made in the complaint.ll. 13. 14. 15. 16. 17. 18. All payouts, checks, and/or credits issued by defendant or third party administrator compensating plaintiff for any prior loss. All evaluations and assessments prepared in connection to the initial and/or supplemental claims. All written and/or recorded statements made by any party concerning the subject claims. Any and all documents, opinions, reports and/or pictures, demonstrating plaintiff's failure to ‘give prompt notice’ to defendant, ‘protect the property from further damage,’ and/or any failure to mitigate under the policy. All quotes, estimates, invoices, and other documents from any contractor or sub-contractor prepared in connection the initial and/or supplemental claims. All agreements to insure Defendant for any liability arising out the claims that is the subject of this lawsuit. All documents reviewed and used in formulating answers to Plaintiff's First Set of Interrogatories to Defendant. Copies of any and all cancelled checks or other forms of financial compensation paid to any company or individual who examined the plaintiffs real property on behalf of the defendant. By:_/s/ David A. Comras, Esq. David A. Comras, Esq. Florida Bar No.: 551910 LAW OFFICES OF COMRAS & COMRAS, P.A. 1975 East Sunrise Boulevard; Suite 617 Fort Lauderdale, FL 33304 Tel: (954) 765-3740 Fax: (954) 765-3742 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served along with the Complaint. /S/ David A. Comras David A. Comras, Esq.