Preview
Case Number: CACE-19-025657 Division: 25
Filing # 100384433 E-Filed 12/16/2019 03:56:54 PM
IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT IN AND
FRANCKY MERTIL, FOR BROWARD COUNTY, FLORIDA
Plaintiff, CASE NO.:
Vv.
CITIZENS PROPERTY INSURANCE CORPORATION,
Defendant.
PLAINTIFF'S FIRST SET OF INTERROGATORIES
Plaintiff, FRANCKY MERTIL ( the “Insured”), pursuant to Rule 1.340 of the Florida Rules
of Civil Procedure, propounds the following First Set of Interrogatories upon Defendant, CITIZENS
PROPERTY INSURANCE CORPORATION (the “Insurance Company”), to be answered in writing,
under oath, within the time specified.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served via U.S. mail
to: CITIZENS PROPERTY INSURANCE CORPORATION c/o The Florida Chief Financial Officer
as RA, 200 E. Gaines Street, Tallahassee, Florida 32399-4201, on this16th day of December 2019.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 12/16/2019 03:56:52 PM.****[3557180/1]
Respectfully Submitted by,
Marin, Eljaiek, Lopez & Martinez P.L.
Counsel for the Insured
2601 South Bayshore Drive, 18th Floor
Coconut Grove, Florida 33133
Telephone No. (305) 444-5969
Facsimile No. (305) 444-1939
Email: Mellawl @mellawyers.com
Secondary Email: Eservice@mellawyers.com
By:___Kaneily A. Valdes
Anthony M. Lopez, Esq.
Florida Bar No. 13685
Kaneily A. Valdes, Esq.
Florida Bar No. 1003825
Page 20 of 20DEFINITIONS AND INSTRUCTIONS
1. Insert your answers in the space provided following each question. If additional space
is needed, so indicate in the space provided, prepare your answers on a separate paper, and attach the
additional paper to your answers.
2. Separately answer each interrogatory, and each subsection of each interrogatory. The
term "you" and "your" means the party or parties to which this request is addressed, including its
divisions, departments, subsidiaries, affiliates, predecessors, present or former officers, directors,
owners, agents, accountants, attorneys, and all other persons acting or purporting to act on its behalf,
as well as each partnership in which it is a partner.
3. The terms “Insurance Company” or “Defendant” means the defendant in this action to
which these Interrogatories are addressed, including its agents, attorneys, accountants, and all other
persons acting or purporting to act on their behalf. The terms “Insurance Company” or “Defendant”
also includes the party's divisions, departments, subsidiaries, affiliates, predecessors, present or
former officers, directors, owners, agents, attorneys, and accountants as well as each partnership in
which it is a partner, and includes any other person, acting or purporting to act on its behalf.
4. The terms "you" and "your" mean the party or parties to which these interrogatories
are addressed, including its agents, attorneys, accountants, and all other persons acting or purporting
to act on its behalf.
5. The “Complaint” means the Complaint filed by the Insured in this action.
6. The term “Claim” means any statement, concept, assertion, idea, allegation, fact, law,
tule, theory, observation, cause of action, or principle whatsoever, based upon which Plaintiff
[3557180/1] Page 20 of 20demands that she has suffered damages, or has a right to payment, as the result of any act or omission
of Defendant.
7. The terms "person" or "persons" mean any natural person, individual, proprietorship,
partnership, corporation, association, organization, joint venture, firm, other business enterprise,
governmental body, and group of natural persons or other entity, and includes any other person
acting on behalf of a person.
8. The term “contract” means any promise, or set or promises, which creates an
obligation to do or not do a particular thing where there was meeting of the minds on a given
proposition and an understanding and intention between the parties.
9. The term “communication” means any information given, whether oral or written; any
oral or written statement, conference, consultation, dialogue, colloquy, discussion, conversation,
agreement, the sharing of knowledge by one with another, bargaining preparatory to making a
contract or any expression of any kind.
10. The term “document” means and includes any kind of written, typed, recorded or
graphic matter, however produced or reproduced, of any kind or description, whether sent or
received, and every record of every type, including originals, non-identical copies and drafts, and
both sides of any documentation where information appears on both sides, and including but not
limited to: letters, correspondence, memoranda, meeting transcripts or minutes, public filings or tax
returns, papers, books, telegrams, bulletins, notices, announcements, instructions, charts, manuals,
brochures, schedules, cables, telex messages, notes, notations, accountants’ working papers,
transcriptions, agendas, reports, recordings of telephone or other conversations, of interviews, of
conferences or of meetings, telephone messages, diaries, indices, books, reports, ledgers, working
[3557180/1] Page 20 of 20papers, invoices, worksheets, receipts, computer printouts, financial statements, schedules affidavits,
contracts, canceled checks, statements, transcripts, magazine or newspaper articles, periodicals,
releases and any and all drafts, alterations and modifications, changes and amendments of any of the
foregoing, whether handwritten, printed or electronically prepared, filed or stored, affidavits,
statements, summaries, opinions, reports, studies, analyses, evaluations, contracts, agreements,
journals, statistical records, calendars, appointment books, diaries, lists, tabulations, sound
recordings, computer print-outs, data processing input and output, microfilms, newspapers,
magazines, books, periodicals or press releases, including information stored on any electromagnetic
storage device, any written, printed, typed, recorded, or graphic matter, however produced or
reproduced or stored to which you have or had access. “Document” shall also be deemed to include
any summary of a document or documents called for hereafter.
11. The term “all documents" means every document or group of documents as above
defined that are known to you or that can be located or discovered by reasonably diligent efforts.
12. As used herein the singular shall include the plural, the plural shall include the
singular, and the masculine, feminine, and neuter shall include each of the other genders.
13. The terms "and" as well as "or" shall be construed disjunctively as well as
conjunctively as necessary to make the interrogatory inclusive rather than exclusive. The term "all"
means "any and all." The term "each" means "each and every," and the term "every" means "each and
every.”
14. The terms "refer" or "relate to" mean setting forth, pertaining to, memorializing,
constituting, embodying, discussing, analyzing, reflecting or otherwise concerning.
15. The term "locate" or "location" means to state the present whereabouts of each
[3557180/1] Page 20 of 20Document and to identify the persons having possession, custody or control thereof.
16.
17.
18.
The term "to date" shall mean the date on which you answer these interrogatories.
The term “including” means “including but not limited to”.
“Relating to” or “relevant to” means embodying, pertaining to, concerning, involving,
constituting, comprising, reflecting, discussing, evidencing, referring to, consisting of, or having any
logical or factual connection whatever with the subject matter in question.
19,
20.
21.
state:
[3557180/1]
The term “Identify,” when used with reference to a natural person, means state:
(a) his full name and address (or, if the present address is not known, his last
known address).
(b) the full name and address of each of his employers, each corporation of which
he is an officer or director and each business in which he is a principal.
(c) his present (or, if the present is not known, his last known) position and his
position or positions at the time of the act to which the interrogatory answer
relate, and
(d) such other information sufficient to enable Plaintiff to identify the person.
“Tdentify,” when used with reference to any entity other than a natural person, means:
(a) state the full name of the entity, the type of entity (e.g., corporation,
partnership, etc.), the address of its principal place of business, its principal
business activity, and if it is a corporation, the jurisdiction under the laws of
which it has been organized and the date of such organization.
“Identify,” when used with reference to a document or written communication, means
(a) its nature (e.g., letter, telegram, floppy disc, computer printout, memorandum,
chart, report or study), date, author, date and place of preparation and the
name and address of each addressee, if there is an addressee;
(b) the identity of each signer to the document or communication;
Page 20 of 2022.
means state:
23.
[3557180/1]
(©)
@)
(2)
C9)
(g)
the title or heading of the document or communication;
its substance;
its present (or, if the present is not known, the last known) location and
custodian.
the identity of each person to whom a copy was sent and each date of its
receipt and each date of its transmittal or other disposition by (I) respondent
and (ii) any other person (naming such other person) who, at any time, either
received, transmitted or otherwise disposed of such document or
communication and each copy thereof;
the circumstances of each such receipt and each transmittal or other
disposition, including identification of the person from whom received and
the person to whom transmitted.
“Identify,” when used with reference to an oral transaction or oral communication,
(a)
(b)
(c)
@)
its nature (e.g., telephone call, conversation in person, etc.)
the date and place thereof.
the identity and address of each person participating therein, present during or
witness to any part thereof.
identify each document in which such transaction or communication was
recorded, described or referred to.
“Tdentify” when used with reference to a lawsuit means state:
(a)
(b)
(d)
(2)
the caption of each lawsuit;
the court in which the lawsuit was filed;
the case number;
identify the parties, and
a brief summary of the nature of the claim or charge.
Page 20 of 2024. “Identify” when used with reference to an administrative claim or charge means state:
(a) identify the claimant or charging party;
(b) the administrative office were filed;
(c) the number assigned to identify the claim or charge, and
(d) a brief summary of the nature of the claim or charge.
25. “Identify,” when used in any other context that is herein above set forth, means to
describe the act, word, situation, event, etc. (and/or conduct, course of action of any nature
whatsoever, including without limitation any failure to act, to engage in any conduct or to pursue any
course of action), to be identified as fully as possible and identify each document or communication
or act in which such act, word, situation, event, conduct or course of action, etc., was recorded, refers
or relates to each answer, forms all or part of the basis for an answer; and/or corroborates and
answer.
26. | Youmay, in lieu of identifying any Document or written communication, attach a true
copy of each Document as an exhibit to the answers to these interrogatories. On each occasion in
which you choose to attach a Document as your answer to an interrogatory, identify the portion of the
Document that answers the interrogatory.
27. Identify each Document produced pursuant to an interrogatory by the paragraph
number of the interrogatory in response to which it is produced and by the file from which the
document was produced.
28. — Ifany of the information furnished in an answer to all or part of an interrogatory is not
within your personal knowledge, identify each person who has personal knowledge of the
information furnished in such answer and each person who communicated to you any part of the
[3557180/1] Page 20 of 20information furnished.
29. If the answer to all or any part of the interrogatory is not presently known or available
to you, include a statement to that effect, furnish the information now known or otherwise available
to you, and respond to the entire interrogatory by supplemental answer, in writing, under oath, within
ten days from the time the entire answer becomes known or available to you, but. in no event less
than five days prior to trial.
30. If you contend that it would be unreasonably burdensome to obtain and provide all of
the information called for in response to any one of these interrogatories or any subpart thereof, then
in response to the appropriate interrogatory or subpart:
(a) set forth all such information that is available to you without
undertaking what you contend to be an unreasonable burden;
(b) state with particularity the grounds on which you contend that
additional efforts to obtain such information would be unreasonably
burdensome; and
(c) describe with particularity the efforts made by you to secure such
information, including, without limitation, the identity of all persons
consulted, and files, records, and documents reviewed, and the
identity of each person who participated in gathering such
information, including the duration of time spent and nature of work
done by each person.
31. Unless your response to an interrogatory is complete when made, these interrogatories
are continuing insofar as you are required to promptly make further or supplemental answers if new
information is discovered and/or acquired by you between the date of your initial answer and any
time thereafter.
32. If youclaim in response to any request for production that any requested document is
"privileged" and not subject to discovery, you shall so state expressly and, in addition, shall provide a
[3557180/1] Page 20 of 20privilege log, describing the nature of the documents, communications or things not produced or
disclosed in a manner that, without revealing the information itself privileged or protected, will
enable other parties to assess the applicability of the privilege or protection.
33. If all of the information furnished in answer to all or part of an interrogatory is not
within the personal knowledge of the affiant, identify each person to whom all or part of the
information furnished is a matter of personal knowledge and each person who communicated to the
affiant any part of the information furnished.
34. To the extent precise and complete information cannot be furnished, such information
as is available shall be supplied, together with an estimate of the precise and complete information.
Where such an estimate is given, the method employed in making the estimate shall be described.
[3557180/1] Page 20 of 20INTERROGATORIES
1. Please state the name, title, current business address, and phone number of all persons
answering or assisting with the answering of this set of interrogatories.
2. Please state the date that the Insurance Company first received notice from the Insured
for a claim of benefits under the Policy for property damages as described in the Complaint in this
lawsuit.
[3557180/1] Page 20 of 203. In reference to the Insurance Company’s denial of the Insured’s claim for benefits
under the Policy, please state:
a. The date the decision to deny the claim was made.
b. Identify each person who participated in the decision to deny the Insured’s
claim.
c. Describe each and every fact upon which you relied in forming the basis for
your denial of the Insured’s claim.
d. Identify each document sent by the Insurance Company to the Insured
detailing the reasons why the Insurance Company denied the Insured’s claim.
e. State the location, including, page(s), line(s) and paragraph number(s), and the
exact language contained in the Policy, which you used to base your decision to deny
coverage of the Insured’s claim.
[3557180/1] Page 20 of 204. Identify each person, by name, address, phone number and position, whom on behalf
of the Insurance Company, inspected the Insured Property in reference to the claim for benefits under
the Policy, including his or her field of expertise and the date of each inspection.
5. Identify each written estimate for repair or replacement, including the amount set
forth in each estimate, which has been provided to the Insurance Company by the Insured in
reference to the Insured’s claim for benefits under the Policy.
[3557180/1] Page 20 of 206. Identify all persons (other than the Insurance Company) believed or known by you,
your agents or attorneys to have knowledge concerning any of the issues raised by the pleadings,
specifying the subject matter about which witnesses have knowledge and state whether you have
obtained any statements (oral, written or recorded) from any of said witnesses, list the dates any such
witness statements were taken, by whom any such witness were taken and who has the present
possession, custody and control of any such statements.
7. Identify all persons who, on the Insurance Company’s behalf, have in any way
participated in the investigation, evaluation, adjusting or handling of the claim involved hereto.
Please specify the nature of the participation for each and every such person and give the time period
during which they participated.
[3557180/1] Page 20 of 208. For each decision that was made that the claim of the Insured were allegedly not
covered under the Policy, please state the date you first decided that the Insured was allegedly not
covered, the date you arrived at the conclusion the Insured was not covered and the names and
address and phone number and the dates of involvement of each and every person that knows any
information concerning these matters.
9. Please describe all requests made by the Insurance Company upon the Insured for
post-loss compliance (i.e., requests for examination under oath, information, documents, sworn
proofs of loss, etc.,) in reference to this claim and the dates made.
[3557180/1] Page 20 of 2010. With reference to each of your affirmative defenses raised in the lawsuit, please
describe each and every fact upon which you rely to substantiate such affirmative defense, including
identification of all witnesses to each such fact.
ll. Please verify the date the Policy became effective.
12. Please state the amount of money paid by the Insured towards the premium of the
Policy in place at the time of the Loss.
[3557180/1] Page 20 of 2013. Please state whether or not you performed any inspections of the insured premises
prior to the Loss. Ifso, provide the date the inspection was performed, the purpose of the inspection,
by whom and their contact information.
14. Please provide the name and contact information for the agent that sold the Policy to
the Insured.
[3557180/1] Page 20 of 2015. If youcontend that the Insured did not comply with the terms and conditions set forth
in the Policy please described:
a. the term and/or condition of the Policy not complied with;
b. how the Insured failed to comply with the term and/or condition;
c. when a request was made by you demanding compliance with the term and/or
condition of the Policy;
d. why compliance with the terms and/or condition was necessary for you to
adjust the Loss and determine coverage.
[3557180/1] Page 20 of 2016. Please verify the name, phone number, address and title of the corporate
representative(s) with the most knowledge regarding the allegations set forth in the complaint.
17. Please identify all claims made by the Insured for the Insured premises.
[3557180/1] Page 20 of 20IN WITNESS WHEREOF, the Insurance Company has executed the foregoing answers to
interrogatories and states that same are true and correct to the best of the undersigned’s knowledge
and belief.
CITIZENS PROPERTY INSURANCE CORPORATION
By:
Title:
STATE OF FLORIDA }
COUNTY OF ;
BEFORE ME, the undersigned authority, personally appeared
who is personally known to me or who has produced as identification, being
first duly sworn according to law, deposes and says that he executed the foregoing Answers to First
Set of Interrogatories and that they are true and correct to the best of his/her knowledge and belief.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of my office;
in the County and State last aforesaid, this day of 2019.
[3557180/1] Page 20 of 20
Preview
Case Number: CACE-19-025657 Division: 25 Filing # 100384433 E-Filed 12/16/2019 03:56:54 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FRANCKY MERTIL, FOR BROWARD COUNTY, FLORIDA Plaintiff, CASE NO.: Vv. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. PLAINTIFF'S FIRST SET OF INTERROGATORIES Plaintiff, FRANCKY MERTIL ( the “Insured”), pursuant to Rule 1.340 of the Florida Rules of Civil Procedure, propounds the following First Set of Interrogatories upon Defendant, CITIZENS PROPERTY INSURANCE CORPORATION (the “Insurance Company”), to be answered in writing, under oath, within the time specified. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served via U.S. mail to: CITIZENS PROPERTY INSURANCE CORPORATION c/o The Florida Chief Financial Officer as RA, 200 E. Gaines Street, Tallahassee, Florida 32399-4201, on this16th day of December 2019. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 12/16/2019 03:56:52 PM.****[3557180/1] Respectfully Submitted by, Marin, Eljaiek, Lopez & Martinez P.L. Counsel for the Insured 2601 South Bayshore Drive, 18th Floor Coconut Grove, Florida 33133 Telephone No. (305) 444-5969 Facsimile No. (305) 444-1939 Email: Mellawl @mellawyers.com Secondary Email: Eservice@mellawyers.com By:___Kaneily A. Valdes Anthony M. Lopez, Esq. Florida Bar No. 13685 Kaneily A. Valdes, Esq. Florida Bar No. 1003825 Page 20 of 20DEFINITIONS AND INSTRUCTIONS 1. Insert your answers in the space provided following each question. If additional space is needed, so indicate in the space provided, prepare your answers on a separate paper, and attach the additional paper to your answers. 2. Separately answer each interrogatory, and each subsection of each interrogatory. The term "you" and "your" means the party or parties to which this request is addressed, including its divisions, departments, subsidiaries, affiliates, predecessors, present or former officers, directors, owners, agents, accountants, attorneys, and all other persons acting or purporting to act on its behalf, as well as each partnership in which it is a partner. 3. The terms “Insurance Company” or “Defendant” means the defendant in this action to which these Interrogatories are addressed, including its agents, attorneys, accountants, and all other persons acting or purporting to act on their behalf. The terms “Insurance Company” or “Defendant” also includes the party's divisions, departments, subsidiaries, affiliates, predecessors, present or former officers, directors, owners, agents, attorneys, and accountants as well as each partnership in which it is a partner, and includes any other person, acting or purporting to act on its behalf. 4. The terms "you" and "your" mean the party or parties to which these interrogatories are addressed, including its agents, attorneys, accountants, and all other persons acting or purporting to act on its behalf. 5. The “Complaint” means the Complaint filed by the Insured in this action. 6. The term “Claim” means any statement, concept, assertion, idea, allegation, fact, law, tule, theory, observation, cause of action, or principle whatsoever, based upon which Plaintiff [3557180/1] Page 20 of 20demands that she has suffered damages, or has a right to payment, as the result of any act or omission of Defendant. 7. The terms "person" or "persons" mean any natural person, individual, proprietorship, partnership, corporation, association, organization, joint venture, firm, other business enterprise, governmental body, and group of natural persons or other entity, and includes any other person acting on behalf of a person. 8. The term “contract” means any promise, or set or promises, which creates an obligation to do or not do a particular thing where there was meeting of the minds on a given proposition and an understanding and intention between the parties. 9. The term “communication” means any information given, whether oral or written; any oral or written statement, conference, consultation, dialogue, colloquy, discussion, conversation, agreement, the sharing of knowledge by one with another, bargaining preparatory to making a contract or any expression of any kind. 10. The term “document” means and includes any kind of written, typed, recorded or graphic matter, however produced or reproduced, of any kind or description, whether sent or received, and every record of every type, including originals, non-identical copies and drafts, and both sides of any documentation where information appears on both sides, and including but not limited to: letters, correspondence, memoranda, meeting transcripts or minutes, public filings or tax returns, papers, books, telegrams, bulletins, notices, announcements, instructions, charts, manuals, brochures, schedules, cables, telex messages, notes, notations, accountants’ working papers, transcriptions, agendas, reports, recordings of telephone or other conversations, of interviews, of conferences or of meetings, telephone messages, diaries, indices, books, reports, ledgers, working [3557180/1] Page 20 of 20papers, invoices, worksheets, receipts, computer printouts, financial statements, schedules affidavits, contracts, canceled checks, statements, transcripts, magazine or newspaper articles, periodicals, releases and any and all drafts, alterations and modifications, changes and amendments of any of the foregoing, whether handwritten, printed or electronically prepared, filed or stored, affidavits, statements, summaries, opinions, reports, studies, analyses, evaluations, contracts, agreements, journals, statistical records, calendars, appointment books, diaries, lists, tabulations, sound recordings, computer print-outs, data processing input and output, microfilms, newspapers, magazines, books, periodicals or press releases, including information stored on any electromagnetic storage device, any written, printed, typed, recorded, or graphic matter, however produced or reproduced or stored to which you have or had access. “Document” shall also be deemed to include any summary of a document or documents called for hereafter. 11. The term “all documents" means every document or group of documents as above defined that are known to you or that can be located or discovered by reasonably diligent efforts. 12. As used herein the singular shall include the plural, the plural shall include the singular, and the masculine, feminine, and neuter shall include each of the other genders. 13. The terms "and" as well as "or" shall be construed disjunctively as well as conjunctively as necessary to make the interrogatory inclusive rather than exclusive. The term "all" means "any and all." The term "each" means "each and every," and the term "every" means "each and every.” 14. The terms "refer" or "relate to" mean setting forth, pertaining to, memorializing, constituting, embodying, discussing, analyzing, reflecting or otherwise concerning. 15. The term "locate" or "location" means to state the present whereabouts of each [3557180/1] Page 20 of 20Document and to identify the persons having possession, custody or control thereof. 16. 17. 18. The term "to date" shall mean the date on which you answer these interrogatories. The term “including” means “including but not limited to”. “Relating to” or “relevant to” means embodying, pertaining to, concerning, involving, constituting, comprising, reflecting, discussing, evidencing, referring to, consisting of, or having any logical or factual connection whatever with the subject matter in question. 19, 20. 21. state: [3557180/1] The term “Identify,” when used with reference to a natural person, means state: (a) his full name and address (or, if the present address is not known, his last known address). (b) the full name and address of each of his employers, each corporation of which he is an officer or director and each business in which he is a principal. (c) his present (or, if the present is not known, his last known) position and his position or positions at the time of the act to which the interrogatory answer relate, and (d) such other information sufficient to enable Plaintiff to identify the person. “Tdentify,” when used with reference to any entity other than a natural person, means: (a) state the full name of the entity, the type of entity (e.g., corporation, partnership, etc.), the address of its principal place of business, its principal business activity, and if it is a corporation, the jurisdiction under the laws of which it has been organized and the date of such organization. “Identify,” when used with reference to a document or written communication, means (a) its nature (e.g., letter, telegram, floppy disc, computer printout, memorandum, chart, report or study), date, author, date and place of preparation and the name and address of each addressee, if there is an addressee; (b) the identity of each signer to the document or communication; Page 20 of 2022. means state: 23. [3557180/1] (©) @) (2) C9) (g) the title or heading of the document or communication; its substance; its present (or, if the present is not known, the last known) location and custodian. the identity of each person to whom a copy was sent and each date of its receipt and each date of its transmittal or other disposition by (I) respondent and (ii) any other person (naming such other person) who, at any time, either received, transmitted or otherwise disposed of such document or communication and each copy thereof; the circumstances of each such receipt and each transmittal or other disposition, including identification of the person from whom received and the person to whom transmitted. “Identify,” when used with reference to an oral transaction or oral communication, (a) (b) (c) @) its nature (e.g., telephone call, conversation in person, etc.) the date and place thereof. the identity and address of each person participating therein, present during or witness to any part thereof. identify each document in which such transaction or communication was recorded, described or referred to. “Tdentify” when used with reference to a lawsuit means state: (a) (b) (d) (2) the caption of each lawsuit; the court in which the lawsuit was filed; the case number; identify the parties, and a brief summary of the nature of the claim or charge. Page 20 of 2024. “Identify” when used with reference to an administrative claim or charge means state: (a) identify the claimant or charging party; (b) the administrative office were filed; (c) the number assigned to identify the claim or charge, and (d) a brief summary of the nature of the claim or charge. 25. “Identify,” when used in any other context that is herein above set forth, means to describe the act, word, situation, event, etc. (and/or conduct, course of action of any nature whatsoever, including without limitation any failure to act, to engage in any conduct or to pursue any course of action), to be identified as fully as possible and identify each document or communication or act in which such act, word, situation, event, conduct or course of action, etc., was recorded, refers or relates to each answer, forms all or part of the basis for an answer; and/or corroborates and answer. 26. | Youmay, in lieu of identifying any Document or written communication, attach a true copy of each Document as an exhibit to the answers to these interrogatories. On each occasion in which you choose to attach a Document as your answer to an interrogatory, identify the portion of the Document that answers the interrogatory. 27. Identify each Document produced pursuant to an interrogatory by the paragraph number of the interrogatory in response to which it is produced and by the file from which the document was produced. 28. — Ifany of the information furnished in an answer to all or part of an interrogatory is not within your personal knowledge, identify each person who has personal knowledge of the information furnished in such answer and each person who communicated to you any part of the [3557180/1] Page 20 of 20information furnished. 29. If the answer to all or any part of the interrogatory is not presently known or available to you, include a statement to that effect, furnish the information now known or otherwise available to you, and respond to the entire interrogatory by supplemental answer, in writing, under oath, within ten days from the time the entire answer becomes known or available to you, but. in no event less than five days prior to trial. 30. If you contend that it would be unreasonably burdensome to obtain and provide all of the information called for in response to any one of these interrogatories or any subpart thereof, then in response to the appropriate interrogatory or subpart: (a) set forth all such information that is available to you without undertaking what you contend to be an unreasonable burden; (b) state with particularity the grounds on which you contend that additional efforts to obtain such information would be unreasonably burdensome; and (c) describe with particularity the efforts made by you to secure such information, including, without limitation, the identity of all persons consulted, and files, records, and documents reviewed, and the identity of each person who participated in gathering such information, including the duration of time spent and nature of work done by each person. 31. Unless your response to an interrogatory is complete when made, these interrogatories are continuing insofar as you are required to promptly make further or supplemental answers if new information is discovered and/or acquired by you between the date of your initial answer and any time thereafter. 32. If youclaim in response to any request for production that any requested document is "privileged" and not subject to discovery, you shall so state expressly and, in addition, shall provide a [3557180/1] Page 20 of 20privilege log, describing the nature of the documents, communications or things not produced or disclosed in a manner that, without revealing the information itself privileged or protected, will enable other parties to assess the applicability of the privilege or protection. 33. If all of the information furnished in answer to all or part of an interrogatory is not within the personal knowledge of the affiant, identify each person to whom all or part of the information furnished is a matter of personal knowledge and each person who communicated to the affiant any part of the information furnished. 34. To the extent precise and complete information cannot be furnished, such information as is available shall be supplied, together with an estimate of the precise and complete information. Where such an estimate is given, the method employed in making the estimate shall be described. [3557180/1] Page 20 of 20INTERROGATORIES 1. Please state the name, title, current business address, and phone number of all persons answering or assisting with the answering of this set of interrogatories. 2. Please state the date that the Insurance Company first received notice from the Insured for a claim of benefits under the Policy for property damages as described in the Complaint in this lawsuit. [3557180/1] Page 20 of 203. In reference to the Insurance Company’s denial of the Insured’s claim for benefits under the Policy, please state: a. The date the decision to deny the claim was made. b. Identify each person who participated in the decision to deny the Insured’s claim. c. Describe each and every fact upon which you relied in forming the basis for your denial of the Insured’s claim. d. Identify each document sent by the Insurance Company to the Insured detailing the reasons why the Insurance Company denied the Insured’s claim. e. State the location, including, page(s), line(s) and paragraph number(s), and the exact language contained in the Policy, which you used to base your decision to deny coverage of the Insured’s claim. [3557180/1] Page 20 of 204. Identify each person, by name, address, phone number and position, whom on behalf of the Insurance Company, inspected the Insured Property in reference to the claim for benefits under the Policy, including his or her field of expertise and the date of each inspection. 5. Identify each written estimate for repair or replacement, including the amount set forth in each estimate, which has been provided to the Insurance Company by the Insured in reference to the Insured’s claim for benefits under the Policy. [3557180/1] Page 20 of 206. Identify all persons (other than the Insurance Company) believed or known by you, your agents or attorneys to have knowledge concerning any of the issues raised by the pleadings, specifying the subject matter about which witnesses have knowledge and state whether you have obtained any statements (oral, written or recorded) from any of said witnesses, list the dates any such witness statements were taken, by whom any such witness were taken and who has the present possession, custody and control of any such statements. 7. Identify all persons who, on the Insurance Company’s behalf, have in any way participated in the investigation, evaluation, adjusting or handling of the claim involved hereto. Please specify the nature of the participation for each and every such person and give the time period during which they participated. [3557180/1] Page 20 of 208. For each decision that was made that the claim of the Insured were allegedly not covered under the Policy, please state the date you first decided that the Insured was allegedly not covered, the date you arrived at the conclusion the Insured was not covered and the names and address and phone number and the dates of involvement of each and every person that knows any information concerning these matters. 9. Please describe all requests made by the Insurance Company upon the Insured for post-loss compliance (i.e., requests for examination under oath, information, documents, sworn proofs of loss, etc.,) in reference to this claim and the dates made. [3557180/1] Page 20 of 2010. With reference to each of your affirmative defenses raised in the lawsuit, please describe each and every fact upon which you rely to substantiate such affirmative defense, including identification of all witnesses to each such fact. ll. Please verify the date the Policy became effective. 12. Please state the amount of money paid by the Insured towards the premium of the Policy in place at the time of the Loss. [3557180/1] Page 20 of 2013. Please state whether or not you performed any inspections of the insured premises prior to the Loss. Ifso, provide the date the inspection was performed, the purpose of the inspection, by whom and their contact information. 14. Please provide the name and contact information for the agent that sold the Policy to the Insured. [3557180/1] Page 20 of 2015. If youcontend that the Insured did not comply with the terms and conditions set forth in the Policy please described: a. the term and/or condition of the Policy not complied with; b. how the Insured failed to comply with the term and/or condition; c. when a request was made by you demanding compliance with the term and/or condition of the Policy; d. why compliance with the terms and/or condition was necessary for you to adjust the Loss and determine coverage. [3557180/1] Page 20 of 2016. Please verify the name, phone number, address and title of the corporate representative(s) with the most knowledge regarding the allegations set forth in the complaint. 17. Please identify all claims made by the Insured for the Insured premises. [3557180/1] Page 20 of 20IN WITNESS WHEREOF, the Insurance Company has executed the foregoing answers to interrogatories and states that same are true and correct to the best of the undersigned’s knowledge and belief. CITIZENS PROPERTY INSURANCE CORPORATION By: Title: STATE OF FLORIDA } COUNTY OF ; BEFORE ME, the undersigned authority, personally appeared who is personally known to me or who has produced as identification, being first duly sworn according to law, deposes and says that he executed the foregoing Answers to First Set of Interrogatories and that they are true and correct to the best of his/her knowledge and belief. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of my office; in the County and State last aforesaid, this day of 2019. [3557180/1] Page 20 of 20