Document for Ricardo Cayobit, et al Plaintiff vs. United Property and Casualty Insurance Company Defendant

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                                Filing # 105538884 E-Filed 03/27/2020 12:30:34 PM

IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR BROWARD

COUNTY, FLORIDA

RICARDO CAYOBIT AND ROLAND CAYUBIT,

Plaintiffs,

Vv.

UNITED PROPERTY AND CASUALTY INSURANCE

COMPANY,

Defendant.

 

 

Case No.: CACE 19-021361 (25)

 

RE-NOTICE OF TAKING DEPOSITION DUCES TECUM

PLEASE TAKE NOTICE that the undersigned attorney will take the deposition(s) of:

 

 

Insurance Company

 

 

 

DEPONENT DATE AND TIME LOCATION
US Legal Support
Corporate Representative of June 8, 2020 2935 First Avenue North
United Property and Casualty at 00 aah 1 Floor

Saint Petersburg, FL 33713
813-876-4722

 

upon oral examination before a Notary Public in and for the State of Florida, or any other officer

duly authorized to administer oaths by the laws of the state.
The deposition(s) is/are being taken pursuant to Fla. R. Civ. P. 1.310(b)6 and for the

purpose of discovery, for use at trial, or for such other purposes as are permitted under the

applicable and governing rules. The deposition will continue from day to day until completed.

The matters on which this examination is requested are based on the following areas of inquiry:

ee

Explanation for all responses to interrogatories;
Why Defendant has been prejudiced, if applicable;
What post loss conditions have not been complied with;

Explanation of how all affirmative defenses relate to the facts of this claim;

*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 03/27/2020 12:30:34 PM.****All documents requested of the insured prior to suit;

All estimates prepared by the Defendant;

The Defendant’s inspection of the property;

If applicable, why the Defendant could not determine coverage based on the information

provided by the insured;

9. Explanation of all policy language relied upon to deny coverage and/or how it relates to
the facts of this claim;

10. Any prior claims made by Plaintiff, if a prior claim and/or preexisting damage was used

as a reason to deny this claim.

er aAw

The deponent(s) is/are directed to produce or provide for inspection or copying at the
time of the deposition the documents called for below, and as to any otherwise discoverable
documents over which a claim of privilege is asserted, a privilege log per Rule 1.280(b)(5).

1. Certified copy of insurance policy in effect at time of loss;

1. Transcripts of EUO and Recorded Statements, if any;

2. Any reports by engineers, plumbers, roofers, general contractors, or other entities
regarding the cause of loss, if not claimed as privileged;

All checks reflecting payments made by Defendant on this claim to date;

All documents/correspondence sent by Defendant to Plaintiff or Plaintiff's agent;

All documents/correspondence received by Defendant from Plaintiff or Plaintiff's agent;
All estimates prepared by Defendant;

All photographs taken by Defendant;

Any pre-loss inspection and photographs of the insured property, including any
documents or pictures related to any prior claims made by Plaintiff, if prior claims and/or
preexisting damage was a reason to deny this claim.

PrIAMA YW

To the extent any privilege or confidentiality is claimed to apply to the requested
documents, and if they are otherwise discoverable and Defendant has produced a privilege log in
accordance with FRCP 1.280(b)5, the deponent(s) are nonetheless directed to bring such
responsive documents to the deposition(s) so that they can fully answer all of counsel’s
questioning. Plaintiff stipulates that such review by Defendant’s corporate representative at
his/her deposition of documents over which a privilege claim has been asserted by Defendant
will not be deemed a waiver of any claimed privilege.

Further, deponent must also bring Defendant’s complete file for the subject claim and/or
other materials in Defendant’s possession that supports or illustrates Defendant’s position or
allegations regarding the above-stated areas of inquiry. The claim file materials need not be
produced, nor discussed in particular to the extent that they consist of privileged work product,
but the deponent must bring the file so there will be no need to respond to any otherwise non-

objectionable question with words to the effect of, “I cannot answer because I do not have thefile with me.” Any such answer will result in the continuation of the deposition and the filing by
Plaintiff of a Motion for Sanctions to recover expenses associated with said continuation. The
deponent should also be prepared to answer questions regarding non-privileged documents that
were produced or referenced in Defendant’s discovery responses, including (but not limited to)
the Policy of Insurance and Defendant’s denial letter(s), or payout letter and any corresponding

estimates.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on March 27, 2020, a true and correct copy of the foregoing
document was served with the Clerk of Court via E-filing to Brown, Kimberley, PETERSON
BERNARD, at the following e-mail address(es): ailene.rogers@petersonbernard.com;
kimberley.bron@petersonbernard.com.

Respectfully submitted,

LEVY & PARTNERS, PLLC
Attorneys for Plaintiffs

3230 Stirling Road, Suite 1
Hollywood, Florida 33021
(954) 727-8570 - Telephone

Robin@lawlp.com - E-Mail
Maritza@lawlp.com - Secondary Service

By: /s/ Robin A. Richison
Robin A. Richison, Esq.
Florida Bar No.: 42009

ce: US Legal Support