On December 16, 2019 a
Privilege Log
was filed
involving a dispute between
Mertil, Francky,
Mertil, Marth,
and
Citizens Property Insurance Corporation,
for Contract and Indebtedness
in the District Court of Broward County.
Preview
Filing # 105943759 E-Filed 04/07/2020 10:19:24 AM
0116031
IN THE COUNTY COURT FOR THE
SEVENTEENTH JUDICIAL CIRCUIT IN
AND FOR BROWARD COUNTY,
FLORIDA
CASE NO.: CACE-19-025657
Florida Bar No.: 323004
FRANCKY MERTIL, and MARTH MERTIL,
Plaintiffs,
v.
CITIZENS PROPERTY INSURANCE
CORPORATION,
Defendant.
/
DEFENDANT'S PRIVILEGE LOG IN SUPPORT OF OBJECTIONS TO PLAINTIFFS’
REQUEST FOR PRODUCTION AND FIRST SET OF INTERROGATORIES
COMES NOW, the Defendant, CITIZENS PROPERTY INSURANCE CORPORATION
("CITIZENS") by and through its undersigned counsel and pursuant to the applicable Florida Rules
of Civil Procedure and hereby files this its Privilege Log in Support of Objections to Plaintiff's
Request for Production and First Interrogatories and asserts the following Privilege to the documents
identified below.
Under Florida law, discovery of an insurer's underwriting and claim files are impermissible in
an action for insurance benefit. Such discovery is irrelevant to coverage issues and is premature bad
faith discovery. See Castle Key Ins. Co. v. Benitez, 124 So. 3d 379 (Fla. 3d DCA 2013). Therefore,
Defendant invokes this common law work product, premature bad faith discovery privilege regarding
the underwriting and claim files. Furthermore and in addition to the above privilege, Defendant
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 04/07/2020 10:17:31 AM.****Mertil v. Citizens (CLAI.103956)
Case No.: CACE-19-025657
Page 2
invokes the work product privilege, the attorney-client privilege, proprietary, trade secret, and other
privileges as indicated below in the log.
Date
Description
Author
Privilege
1/31/19 -
1/16/20
Citizens’ Claim Notes
Various Citizens’ Employee
and/or independent agents
Subject to the work-
product and attorney-
client privileges
pursuant to Florida
Rule of Civil
Procedure 1.280
(b)(5)
Various
dates
including
2/5/19
Adjuster Notes -
including those referring
to all photographs taken
by Citizens’ employee
and/or independent
agents
Various Citizens’ Employee
and/or independent agents
Subject to the work-
product and attorney-
client privileges
pursuant to Florida
Rule of Civil
Procedure 1.280
(b)(5)
1/31/19
ISO Report
Various Citizens’ Employee
and/or independent agents
Subject to the work-
product and attorney-
client privileges
pursuant to Florida
Rule of Civil
Procedure 1.280
(b)(5)
1/14/20
Internal
emails/correspondence
Various Citizens’ Employee
and/or independent agents
Subject to the work-
product and attorney-
client privileges
pursuant to Florida
Rule of Civil
Procedure 1.280
(b)5)Mertil v. Citizens (CLAI.103956)
Case No.: CACE-19-025657
Page 3
Various Citizens’ Estimates, Citizens’ Employee and/or Subject to the work-
dates sketches, ownership independent agents product and attorney-
including? | audit, estimate audit trail, client privileges
/13/19; valuation/variation usage pursuant to Florida
2/6/19; reports, audit summary Rule of Civil
report, standard bill form, Procedure 1.280
and request for Citizens’ (b)(5)
documents form,
statement of loss - claim
recap, and underwriting
file
2/5/19 Photographs taken by Various Citizens’ Employee | Subject to the work-
Citizens’ employee
and/or independent
agents, Kirk Norman (85
pages)
and/or independent agents
product and attorney-
client privileges
pursuant to Florida
Rule of Civil
Procedure 1.280
(b)(5)
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing was e-mailed this 7”
day of April, 2020 to all counsel on the attached service list.
KUBICKI DRAPER
Attorneys for Defendant
1 East Broward Boulevard
Wells Fargo Tower- Suite 1600
Ft. Lauderdale, Florida 33301
Direct Line:(954) 713-2315
BY:
/s/Earleen Cote
EARLEEN COTEKaneily A. Valdes , Esq.
Marin, Eljaiek, Lopez & Martinez P.L.
2601 South Bayshore Drive
18th Floor
Coconut Grove, FL 33133
Eservice@mellawyers.com
SERVICE LIST
Mertil v. Citizens (CLAI.103956)
Case No.: CACE-19-025657
Page 4
Preview
Filing # 105943759 E-Filed 04/07/2020 10:19:24 AM 0116031 IN THE COUNTY COURT FOR THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: CACE-19-025657 Florida Bar No.: 323004 FRANCKY MERTIL, and MARTH MERTIL, Plaintiffs, v. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. / DEFENDANT'S PRIVILEGE LOG IN SUPPORT OF OBJECTIONS TO PLAINTIFFS’ REQUEST FOR PRODUCTION AND FIRST SET OF INTERROGATORIES COMES NOW, the Defendant, CITIZENS PROPERTY INSURANCE CORPORATION ("CITIZENS") by and through its undersigned counsel and pursuant to the applicable Florida Rules of Civil Procedure and hereby files this its Privilege Log in Support of Objections to Plaintiff's Request for Production and First Interrogatories and asserts the following Privilege to the documents identified below. Under Florida law, discovery of an insurer's underwriting and claim files are impermissible in an action for insurance benefit. Such discovery is irrelevant to coverage issues and is premature bad faith discovery. See Castle Key Ins. Co. v. Benitez, 124 So. 3d 379 (Fla. 3d DCA 2013). Therefore, Defendant invokes this common law work product, premature bad faith discovery privilege regarding the underwriting and claim files. Furthermore and in addition to the above privilege, Defendant *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 04/07/2020 10:17:31 AM.****Mertil v. Citizens (CLAI.103956) Case No.: CACE-19-025657 Page 2 invokes the work product privilege, the attorney-client privilege, proprietary, trade secret, and other privileges as indicated below in the log. Date Description Author Privilege 1/31/19 - 1/16/20 Citizens’ Claim Notes Various Citizens’ Employee and/or independent agents Subject to the work- product and attorney- client privileges pursuant to Florida Rule of Civil Procedure 1.280 (b)(5) Various dates including 2/5/19 Adjuster Notes - including those referring to all photographs taken by Citizens’ employee and/or independent agents Various Citizens’ Employee and/or independent agents Subject to the work- product and attorney- client privileges pursuant to Florida Rule of Civil Procedure 1.280 (b)(5) 1/31/19 ISO Report Various Citizens’ Employee and/or independent agents Subject to the work- product and attorney- client privileges pursuant to Florida Rule of Civil Procedure 1.280 (b)(5) 1/14/20 Internal emails/correspondence Various Citizens’ Employee and/or independent agents Subject to the work- product and attorney- client privileges pursuant to Florida Rule of Civil Procedure 1.280 (b)5)Mertil v. Citizens (CLAI.103956) Case No.: CACE-19-025657 Page 3 Various Citizens’ Estimates, Citizens’ Employee and/or Subject to the work- dates sketches, ownership independent agents product and attorney- including? | audit, estimate audit trail, client privileges /13/19; valuation/variation usage pursuant to Florida 2/6/19; reports, audit summary Rule of Civil report, standard bill form, Procedure 1.280 and request for Citizens’ (b)(5) documents form, statement of loss - claim recap, and underwriting file 2/5/19 Photographs taken by Various Citizens’ Employee | Subject to the work- Citizens’ employee and/or independent agents, Kirk Norman (85 pages) and/or independent agents product and attorney- client privileges pursuant to Florida Rule of Civil Procedure 1.280 (b)(5) CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing was e-mailed this 7” day of April, 2020 to all counsel on the attached service list. KUBICKI DRAPER Attorneys for Defendant 1 East Broward Boulevard Wells Fargo Tower- Suite 1600 Ft. Lauderdale, Florida 33301 Direct Line:(954) 713-2315 BY: /s/Earleen Cote EARLEEN COTEKaneily A. Valdes , Esq. Marin, Eljaiek, Lopez & Martinez P.L. 2601 South Bayshore Drive 18th Floor Coconut Grove, FL 33133 Eservice@mellawyers.com SERVICE LIST Mertil v. Citizens (CLAI.103956) Case No.: CACE-19-025657 Page 4