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Case Number: CACE-19-021027 Division: 04
Filing # 97006983 E-Filed 10/09/2019 05:21:48 PM
IN THE CIRCUIT COURT OF THE
JIMMY AMAYA & AMELIS RAMOS, 17TH JUDICIAL CIRCUIT IN AND
FOR BROWARD COUNTY,
Plaintiffs, FLORIDA
v. CASE NO:
CITIZENS PROPERTY INSURANCE
CORPORATION,
Defendant.
PLAINTIFFS’ FIRST SET OF INTERROGATORIES TO
DEFENDANT
COME NOW, the Plaintiffs, Jimmy Amaya and Amelis Ramos, by and
through the undersigned Counsel, and pursuant to Rule 1.340, Florida Rules of
Civil Procedure, and hereby serve their First Set of Interrogatories to the De-
fendant, Citizens Property Insurance Corporation’s (“Citizens”), to be answered
in writing and under oath, in accordance with the applicable Rule.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing has
been served along with the Complaint.
Respectfully Submitted,
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/09/2019 05:21:45 PM.****By:
DANIEL CRUZ, Esquire
FBN: 31023
‘THE DIENER FIRM, P.A.
8751 W. Broward Boulevard
Suite 404
Plantation, FL 33324
Telephone: (954) 541-2117
Facsimile: (954) 541-2195
Service:
service@dienerfirm.com
daniel@dienerfirm.com
alissa@dienerfirm.com
Page | 2PLAINTIFFS’ FIRST INTERROGATORIES
What is your name, address, and, if you are answering for someone else,
yout official position or relationship with the party to whom the inter-
rogatories are directed?
ANSWER:
Please list of any and all policies of insurance issued by Citizens with
respect to the property located at: 6635 Hope Street, Hollywood, Florida
33024, as well as any and all policies issued by other insurers which you
believe covers, or may cover, the loss, claims and damages set forth in
the Plaintiff’s Complaint; for each policy, please provide the name of the
insurer, the effective dates, policy number, available policy limits for each
coverage part, and the name and address of the custodian for each pol-
icy.
ANSWER:
Page | 3Please state with specificity any conditions precedent or subsequent re-
garding the subject claim(s) that you contend have not been fulfilled and
the specific policy language upon which each condition is based.
ANSWER:
Please state whether one or mote sworn proofs of loss were requested
and whether one or more sworn proofs of loss were received by ; please
state the specific date each proof of loss was requested, each date one
was received by Citizens, whether the proof(s) of loss were accepted or
rejected, and, if rejected, the specific reasons for Citizens’ rejection.
ANSWER:
Page | 4Please state the date when Citizens first received notice of the claim(s)
described in the Complaint and please indicate: a) the manner/means by
which Citizens received notice (e.g. mail, phone call); b) the name, title,
phone or fax number, and address of the person from whom Citizens
received the notice; c) the name, title, phone or fax number, and address
of the person who received the notice on Citizens’ behalf; and d) the
specific description of the loss provided to Citizens, its employees or
agents.
ANSWER:
Describe in detail your beliefs, contentions, determinations or findings
as to how and why the incident described in the Plaintiffs’ Complaint
occurred.
ANSWER:
Page | 5Do you contend that any person or entity other than you is or may be
liable in whole or in part for the claims asserted against you in this law-
suit? If so, state the full name and address of each such person or entity,
the legal basis for your contention, the facts or evidence upon which
your contention is based, and whether you have notified each such pet-
son or entity of your contention.
ANSWER:
Please state whether appraisal or pre-suit mediation was requested or
performed; if an appraisal of the subject property or its contents was
performed, please state the items that have been appraised, the amount
that each such item was appraised for, the name and address of any pet-
son who performed or contributed to said appraisal, and the date of said
appraisal.
ANSWER:
Page | 69.
10.
List the names, addresses and telephone numbers of all persons who ate
believed or known by you, your agents, or your attorneys to have any
knowledge concerning any of the issues in this lawsuit; and specify the
subject matter about which the witness has knowledge.
ANSWER:
State the name and address of every person known to you, your agents,
or your attorneys who has knowledge about or possession, custody, or
control of any estimate of damage, model, plat, map, drawing, motion
picture, video-tape, or photograph pertaining to any fact or issue in-
volved in this claim or lawsuit, and describe as to each, what item such
person has, the name and address of the person who took or prepared
it, and the date it was taken or prepared.
ANSWER:
Page | 7Hd
12.
Please provide a list of the names and current addresses of any and all
individuals who served as agents of, or were employed by, Citizens who
were in any way involved with the handling of this claim, including those
individuals who inspected, photographed or otherwise visited the sub-
ject property for any purpose after September 10, 2017 but prior to the
institution of this litigation; for each, please specify: a) the dates of their
involvement, inspections/site visits; and b) the role, title and work per-
formed with respect to the subject claim(s).
ANSWER:
List the names, residence addresses, business addresses and telephone
numbers of all persons believed or known by you, your agents, or attor-
neys to have heard any statement, remark, or comment concerning the
subject loss; please state the substance of any such statement, remark,
or comment.
ANSWER:
Page | 813.
14.
For any policy defenses which you believe are available with respect to
the claim made by the Plaintiff, please describe in detail the factual and
legal basis for any such defenses and give complete names, residence ad-
dresses, business addresses, and telephone numbers for each person be-
lieved or known by you, your agents or attorneys, to have knowledge of
the facts which would provide the basis for any such defense.
ANSWER:
Please list any amounts that Citizens has paid to date under the subject
policy with respect to the loss described in the Complaint and describe
what each such payment was for, the policy covetage(s) pursuant to
which each payment was made and to whom it was made.
ANSWER:
Page | 915.
16.
For each denial or underpayment by Citizens with respect to the subject
claim, please state in detail the legal grounds and factual basis upon
which the claim was denied or underpaid, the exact wording of any pol-
icy provisions that you believe apply, and the exact wording of any stat-
utory language or case law upon which you base your denial or withhold-
ing of payment.
ANSWER:
If you contend that you were unable to pay the claim/Joss described in
the Complaint because you had insufficient information, please state: a)
when you first realized that you had insufficient information; b) why,
specifically, you contend that you needed additional information; c) each
and every effort made by you to obtain the additional information; d)
when you informed the Insured(s) of the need for further information
and by what means; and d) when you ceased attempting to get the addi-
tional information and why.
ANSWER:
Page | 1017. Please indicate whether Citizens has completed its investigation of the
claim(s) described in the Complaint and which is/are the subject of this
lawsuit.
ANSWER:
Page | II18.
19.
Please indicate whether Citizens is aware of any previous insurance
claims involving the insured(s) named in the subject Policy or involving
the property located at: 6635 Hope Street, Hollywood, Florida 33024;
for each previous claim, please list: a) the date of loss; b) the policy num-
ber under which the claim was brought; c) the claim number; d) policy
type; e) policy inception and expiration dates; f) company received date;
g) loss description; h) involved party name and address; i) location of
loss; j) loss type; k) claim status; land ) adjuster company and adjuster.
ANSWER:
Please state with specificity the amount of any deductibles which you
contend apply, whether said deductibles have been applied, and in what
amounts, and please state with specificity all facts which you believe sup-
port the application of said deductibles.
ANSWER:
Page | 1220.
21.
Please state whether Citizens made a coverage determination with re-
spect to the claim, which is the subject of this lawsuit and, if so, please
specify the outcome of the coverage decision.
ANSWER:
Please list all inspections performed by Citizens, or on its behalf, at the
property located at: 6635 Hope Street, Hollywood, Florida 33024. Be
sure to identify the scope and purpose of the inspection(s); whether re-
ports were prepared; whether photographs or videotapes were taken;
and, the custodian of such reports, photographs, and/or videotapes. In-
clude the name, title, occupation, address and telephone number of any
person with knowledge, and identify all documents and communica-
tions, relating to the response. As to each person listed, include a sum-
mary of his or her knowledge, including the basis of it.
ANSWER:
Page | 1322.
23.
Please identify all tests, evaluations, invoice audits or reconciliations,
and/or peer reviews, that were performed by Citizens, or on its behalf,
with respect to the loss/claim described in the Complaint.
ANSWER:
Please identify any charges or line items listed in the Plaintiff’s invoice
with respect to the loss/claim described in the Complaint which Citizens
believes is unnecessary, excessive or unrelated to the September 10, 2017
loss; for each charge or line item, identified by Citizens as unnecessary,
excessive or unrelated, please:
a. Identify in detail all facts and evidence that support Citizens’ asser-
tion that the charge(s) are unnecessaty, excessive or unrelated to
the reported loss;
b. Identify in detail what Citizens believes the appropriate charge
should be and the basis for this assertion; and
c. Identify the criteria and/or guidelines used by Citizens in making
said determinations.
ANSWER:
Page | 1424.
With regard to any third parties who provided any servicing, analysis,
adjusting or otherwise rendered opinions to you in adjusting this claim,
please identify:
a. ‘The name of the individual who hired the third party on behalf of
your company;
b. The date(s) and nature of services provided by the third party;
c. Each claim or case where the third party has been retained by
Citizens or counsel for Citizens during the last three (3) years;
d. The amount of money the third party has been paid by you during
the last three (3) years;
e. The last known address for those individuals who personally pro-
vided the above services in conjunction with this claim.
ANSWER:
Page | 15L , being duly sworn upon oath, state
that the foregoing Answers to Interrogatories are true and correct.
Affiant
CITIZENS PROPERTY
INSURANCE CORPORATION
STATE OF FLORIDA )
COUNTY OF ;
The foregoing instrument was acknowledged before me, this
day of , 2019, by
who is personally known to me or, who has produced as identification and who
did take an oath.
NOTARY PUBLIC
My Commission Expires:
Page | 16
Preview
Case Number: CACE-19-021027 Division: 04 Filing # 97006983 E-Filed 10/09/2019 05:21:48 PM IN THE CIRCUIT COURT OF THE JIMMY AMAYA & AMELIS RAMOS, 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, Plaintiffs, FLORIDA v. CASE NO: CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. PLAINTIFFS’ FIRST SET OF INTERROGATORIES TO DEFENDANT COME NOW, the Plaintiffs, Jimmy Amaya and Amelis Ramos, by and through the undersigned Counsel, and pursuant to Rule 1.340, Florida Rules of Civil Procedure, and hereby serve their First Set of Interrogatories to the De- fendant, Citizens Property Insurance Corporation’s (“Citizens”), to be answered in writing and under oath, in accordance with the applicable Rule. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing has been served along with the Complaint. Respectfully Submitted, *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/09/2019 05:21:45 PM.****By: DANIEL CRUZ, Esquire FBN: 31023 ‘THE DIENER FIRM, P.A. 8751 W. Broward Boulevard Suite 404 Plantation, FL 33324 Telephone: (954) 541-2117 Facsimile: (954) 541-2195 Service: service@dienerfirm.com daniel@dienerfirm.com alissa@dienerfirm.com Page | 2PLAINTIFFS’ FIRST INTERROGATORIES What is your name, address, and, if you are answering for someone else, yout official position or relationship with the party to whom the inter- rogatories are directed? ANSWER: Please list of any and all policies of insurance issued by Citizens with respect to the property located at: 6635 Hope Street, Hollywood, Florida 33024, as well as any and all policies issued by other insurers which you believe covers, or may cover, the loss, claims and damages set forth in the Plaintiff’s Complaint; for each policy, please provide the name of the insurer, the effective dates, policy number, available policy limits for each coverage part, and the name and address of the custodian for each pol- icy. ANSWER: Page | 3Please state with specificity any conditions precedent or subsequent re- garding the subject claim(s) that you contend have not been fulfilled and the specific policy language upon which each condition is based. ANSWER: Please state whether one or mote sworn proofs of loss were requested and whether one or more sworn proofs of loss were received by ; please state the specific date each proof of loss was requested, each date one was received by Citizens, whether the proof(s) of loss were accepted or rejected, and, if rejected, the specific reasons for Citizens’ rejection. ANSWER: Page | 4Please state the date when Citizens first received notice of the claim(s) described in the Complaint and please indicate: a) the manner/means by which Citizens received notice (e.g. mail, phone call); b) the name, title, phone or fax number, and address of the person from whom Citizens received the notice; c) the name, title, phone or fax number, and address of the person who received the notice on Citizens’ behalf; and d) the specific description of the loss provided to Citizens, its employees or agents. ANSWER: Describe in detail your beliefs, contentions, determinations or findings as to how and why the incident described in the Plaintiffs’ Complaint occurred. ANSWER: Page | 5Do you contend that any person or entity other than you is or may be liable in whole or in part for the claims asserted against you in this law- suit? If so, state the full name and address of each such person or entity, the legal basis for your contention, the facts or evidence upon which your contention is based, and whether you have notified each such pet- son or entity of your contention. ANSWER: Please state whether appraisal or pre-suit mediation was requested or performed; if an appraisal of the subject property or its contents was performed, please state the items that have been appraised, the amount that each such item was appraised for, the name and address of any pet- son who performed or contributed to said appraisal, and the date of said appraisal. ANSWER: Page | 69. 10. List the names, addresses and telephone numbers of all persons who ate believed or known by you, your agents, or your attorneys to have any knowledge concerning any of the issues in this lawsuit; and specify the subject matter about which the witness has knowledge. ANSWER: State the name and address of every person known to you, your agents, or your attorneys who has knowledge about or possession, custody, or control of any estimate of damage, model, plat, map, drawing, motion picture, video-tape, or photograph pertaining to any fact or issue in- volved in this claim or lawsuit, and describe as to each, what item such person has, the name and address of the person who took or prepared it, and the date it was taken or prepared. ANSWER: Page | 7Hd 12. Please provide a list of the names and current addresses of any and all individuals who served as agents of, or were employed by, Citizens who were in any way involved with the handling of this claim, including those individuals who inspected, photographed or otherwise visited the sub- ject property for any purpose after September 10, 2017 but prior to the institution of this litigation; for each, please specify: a) the dates of their involvement, inspections/site visits; and b) the role, title and work per- formed with respect to the subject claim(s). ANSWER: List the names, residence addresses, business addresses and telephone numbers of all persons believed or known by you, your agents, or attor- neys to have heard any statement, remark, or comment concerning the subject loss; please state the substance of any such statement, remark, or comment. ANSWER: Page | 813. 14. For any policy defenses which you believe are available with respect to the claim made by the Plaintiff, please describe in detail the factual and legal basis for any such defenses and give complete names, residence ad- dresses, business addresses, and telephone numbers for each person be- lieved or known by you, your agents or attorneys, to have knowledge of the facts which would provide the basis for any such defense. ANSWER: Please list any amounts that Citizens has paid to date under the subject policy with respect to the loss described in the Complaint and describe what each such payment was for, the policy covetage(s) pursuant to which each payment was made and to whom it was made. ANSWER: Page | 915. 16. For each denial or underpayment by Citizens with respect to the subject claim, please state in detail the legal grounds and factual basis upon which the claim was denied or underpaid, the exact wording of any pol- icy provisions that you believe apply, and the exact wording of any stat- utory language or case law upon which you base your denial or withhold- ing of payment. ANSWER: If you contend that you were unable to pay the claim/Joss described in the Complaint because you had insufficient information, please state: a) when you first realized that you had insufficient information; b) why, specifically, you contend that you needed additional information; c) each and every effort made by you to obtain the additional information; d) when you informed the Insured(s) of the need for further information and by what means; and d) when you ceased attempting to get the addi- tional information and why. ANSWER: Page | 1017. Please indicate whether Citizens has completed its investigation of the claim(s) described in the Complaint and which is/are the subject of this lawsuit. ANSWER: Page | II18. 19. Please indicate whether Citizens is aware of any previous insurance claims involving the insured(s) named in the subject Policy or involving the property located at: 6635 Hope Street, Hollywood, Florida 33024; for each previous claim, please list: a) the date of loss; b) the policy num- ber under which the claim was brought; c) the claim number; d) policy type; e) policy inception and expiration dates; f) company received date; g) loss description; h) involved party name and address; i) location of loss; j) loss type; k) claim status; land ) adjuster company and adjuster. ANSWER: Please state with specificity the amount of any deductibles which you contend apply, whether said deductibles have been applied, and in what amounts, and please state with specificity all facts which you believe sup- port the application of said deductibles. ANSWER: Page | 1220. 21. Please state whether Citizens made a coverage determination with re- spect to the claim, which is the subject of this lawsuit and, if so, please specify the outcome of the coverage decision. ANSWER: Please list all inspections performed by Citizens, or on its behalf, at the property located at: 6635 Hope Street, Hollywood, Florida 33024. Be sure to identify the scope and purpose of the inspection(s); whether re- ports were prepared; whether photographs or videotapes were taken; and, the custodian of such reports, photographs, and/or videotapes. In- clude the name, title, occupation, address and telephone number of any person with knowledge, and identify all documents and communica- tions, relating to the response. As to each person listed, include a sum- mary of his or her knowledge, including the basis of it. ANSWER: Page | 1322. 23. Please identify all tests, evaluations, invoice audits or reconciliations, and/or peer reviews, that were performed by Citizens, or on its behalf, with respect to the loss/claim described in the Complaint. ANSWER: Please identify any charges or line items listed in the Plaintiff’s invoice with respect to the loss/claim described in the Complaint which Citizens believes is unnecessary, excessive or unrelated to the September 10, 2017 loss; for each charge or line item, identified by Citizens as unnecessary, excessive or unrelated, please: a. Identify in detail all facts and evidence that support Citizens’ asser- tion that the charge(s) are unnecessaty, excessive or unrelated to the reported loss; b. Identify in detail what Citizens believes the appropriate charge should be and the basis for this assertion; and c. Identify the criteria and/or guidelines used by Citizens in making said determinations. ANSWER: Page | 1424. With regard to any third parties who provided any servicing, analysis, adjusting or otherwise rendered opinions to you in adjusting this claim, please identify: a. ‘The name of the individual who hired the third party on behalf of your company; b. The date(s) and nature of services provided by the third party; c. Each claim or case where the third party has been retained by Citizens or counsel for Citizens during the last three (3) years; d. The amount of money the third party has been paid by you during the last three (3) years; e. The last known address for those individuals who personally pro- vided the above services in conjunction with this claim. ANSWER: Page | 15L , being duly sworn upon oath, state that the foregoing Answers to Interrogatories are true and correct. Affiant CITIZENS PROPERTY INSURANCE CORPORATION STATE OF FLORIDA ) COUNTY OF ; The foregoing instrument was acknowledged before me, this day of , 2019, by who is personally known to me or, who has produced as identification and who did take an oath. NOTARY PUBLIC My Commission Expires: Page | 16