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

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                                Case Number: CACE-19-021361 Division: 25
Filing # 97313220 E-Filed 10/15/2019 03:22:33 PM

IN THE CIRCUIT COURT OF THE 17TH JUDICIAL

CIRCUIT IN AND FOR BROWARD COUNTY,

FLORIDA

RICARDO CAYOBIT AND ROLAND CAYUBIT,
Plaintiffs,

v.

UNITED PROPERTY AND CASUALTY INSURANCE
COMPANY,

 

Defendant. Case No.:

 

 

 

NOTICE OF TAKING DEPOSITION DUCES TECUM

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

 

DEPONENT DATE AND TIME LOCATION

 

For a mutually
convenient date and

Corporate Representative of time T.B.D. by the
United Property and Casualty parties. Said deposition T.B.D.
Insurance Company shall take place within
60 days from service of
this notice

 

 

 

 

 

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:

1. Explanation for all responses to interrogatories;

*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/15/2019 03:22:30 PM.****PADMAPWN

10.

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;

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;

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

Any prior claims made by Plaintiff, if a prior claim and/or preexisting damage was used as
a reason to deny this claim.

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.
1.

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PARMAR wW

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

Transcripts of EUO and Recorded Statements, if any;

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.

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, butthe 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 the file

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 a true and correct copy of the foregoing was served upon

Defendant by the Insurance Commissioner of the State of Florida.

Respectfully submitted,

LEVY & PARTNERS, PLLC

Attorneys for Plaintiff

3230 Stirling Road, Suite 1

Hollywood, Florida 33021

(954) 727-8570 — Telephone

(954) 241-6857 — Facsimile
Robin@lawlp.com - E-Mail
Maritza@lawlp.com - Secondary Service

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