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Filing # 133747515 E-Filed 08/31/2021 11:58:12 AM
IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
JERRY CANNIS and PEGGY CANNIS,
CASE NO.:
Plaintiffs,
V
UNIVERSAL PROPERTY AND
CASUALTY INSURANCE COMPANY,
Defendant.
I
PROPOSED NOTICE OF TAKING DEPOSITIONDUCES TECUM
PLEASE TAKE NOTICE that the undersigned attorneys will take the following
deposition at the place, date and time indicated below:
NAME DATE TIME PLACE
Corporate Representative TBD TBD TBD
withknowledge pursuant
to Fla. R. Civ. P.
1.310(b)(6)
In accordancewith the Americans with Disabilities Act of 1990, persons needing a special
accommodation to participate in this proceeding should contact the offices of the
undersigned at 305-444-5969
Pursuant to Rule 1.310(b)(6) of the Florida Rules of Civil Procedure, you are hereby requested to
designate one or more officers, directors, managing agents or other persons who consent to
testify on behalf of the parties being deposed as the persons having the most knowledge
concerning the area ofthe subject matter described on Schedule A attached hereto.
Upon oral examination before a commissioner appointed by the Court, a Notary Public, or any
other officer authorized to administer oaths by the laws of the State of Florida, who is neither a
relative employee of such attorney or
nor counsel and who is not financially interested in this
action. The deposition will continue from day to day until completed. The deposition is being
taken for purposes of discovery and for use as evidence in this case, for use at trial, or for such
other purposes as are permitted under the Florida Rules of Civil Procedure.
The deponent is to bring at the above time and place the following documents listed on the
attached Schedule B.
***
FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 08/31/2021 11:58:08 AM.****
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy ofthe foregoing was served to:
UNIVERSALPROPERTY AND CASUALTY INSURANCE COMPANY on the day of
August 2021.
Your Insurance Attorney, PLLC.
2601 South Bayshore Drive 18th Floor
Coconut Grove, FL 33133
Phone No.: 1-888-570-5677
Fax: 1-888-745-5677
Email.
Secondary Email:
-By.- /s? TNaximo j-. Santiago
MAximo A. Santiago, Esq.
Florida Bar No. 669733
Massiel C. Vazquez, Esq.
Florida Bar No. 1018247
SCHEDULE A
1. The allegations set forth in the Complaint.
2. The Insurance Policy entered into between the Insurer and the Insured as referenced in
the Complaint.
3. All facts related to the Insurer's involvementin the Insured's claim as referenced in the
Complaint.
4. All facts related to communications between the Insured and agents of the Insurer as it
relates to the allegations set forth in the Complaint.
5. The adjustment and claim handling of the instant claim alleged in the Complaint.
6. The dollar value of the Insured's damages.
7. All facts and information supporting your defenses to the Plaintiff(s) claim for
insurance proceeds as alleged in the Complaint.
8. All facts and information supporting your Answer and AffirmativeDefenses.
9. All facts and information supporting any defense or exclusion of coverage under the
Insurance Policy entered into between Plaintiff and Defendant as referenced in the
Complaint.
10. The identity, job title, job description and activities of all persons (including any
nonemployees) who participated in any way in Defendant's investigation of the Loss
as described in the
Complaint.
11. All facts and information Defendant learned during Defendant's investigation,
adjustment and valuation of the Plaintiff's Claim, which support the claims decision
made by Defendant regarding Plaintiff' s Claim.
12. All decisions made by or on behalf Defendant regarding the adjustment, investigation,
and coverage determination by Defendant of Plaintiff's Claim, which is the subject of
this lawsuit and the basis for those decisions.
13. All written discovery responses served by Defendant in this matter.
14. The insurance policy language, which Defendant contends, supports the claims
decision made by Defendant regarding Plaintiff's claim.
15. All facts and documents from Defendant's underwriting file for the Plaintiff's property
that support any of Defendant's affirmative defenses.
16. All facts and information from Defendant's underwriting file that reveal the condition
o f the property at the time Defendant agreed to insure the property.
SCHEDULE B
1. All documents supporting or pertaining to Defendant's affirmative defenses, or that
Defendant anticipates will support Defendant'sreasons for denying Plaintiffs Claim.
2. All documentsthat Defendant reasonably expects to use at trial.
3. All photographs and/or videos that Defendant reasonably expects to use at trial or that
support Defendant's affirmativedefenses.
4. All correspondence, emails, and all other documents provided by Plaintiff or its
representatives, to Defendant or its representatives, in any way related to the Plaintiffs
Claim.
5. All correspondence, emails and all other documents provided by Defendant or its
representatives, to Plaintiff or its representatives, in any way related to Plaintiffs
Claim.
6. All documents showing when the existence of Plaintiffs Claim was reported to
Defendant.
7. All documents supporting the action taken and/or coverage decision made by
Defendant in refusing to pay the Plaintiffs for their Claim.
8. All estimates prepared by or on behalf of Defendant in any way related to Plaintiffs
claim.
9. All documents Defendant provided to the person(s) who investigated, adjusted or
otherwise evaluated Plaintiffs Claim.
10. All insurance applications the insured submitted to Defendant regarding the insured
property.
11. All underwriting documents in any way relating to the condition of the Insured
Premises before the date of loss.
12. The underwriting file kept by Defendant regarding the Insured Premises dating from
the inception of the Insured's Policy to the present.
13. All signed sworn proofs of loss submitted by the Insured to Defendant regarding the
Loss.
14. All documents evidencing all payments made by Defendant to the Insured and/or for
the Insured' s benefit involving a prior claim made by the Insured or prior damage
sustained by an Insured, involving the Insured Property.
15. All documents evidencing all payments made by Defendant to the Insured and/or for
the Insured' s benefit involving asubsequent claim made by the Insured or subsequent
damage sustained by an Insured, involving the Insured Property.
16. All correspondence and documents between Defendant and any third parties,
excluding Defendant's attorney, in any way related to (1) the condition of the Insured
Property before the Loss; or (2) the damage to the Insured Property sustained during
the Loss.
17. All documents showing or pertaining to any repairs made to the Insured Property
following the Loss.
18. All transcripts of any Examinations Under Oath given or provided by the Insured
regarding the Loss.
19. All transcr*ts of any Examinations Under Oath given or provided by the Plaintiff
regarding the Loss.
20. All recorded statements given or provided by the Insured regarding the Loss. This
request seeks a copy of the recording itself, not Defendant's transcript of the recorded
statement.
21. All recorded statements given or provided by anyone besides the Insured regarding the
Loss.
22. This request seeks a copy of the recording itself, not Defendant's transcript of the
recorded statement.
23. All documents, written and computerized,memorializing the steps taken by Defendant
to adjust, process and otherwise handle Plaintiffs Claim.
24. All written or computerized communications and written or computerized records of
oral communications, whether made in person or by telephone, between any
employees of Defendant and any adjuster that concern, refer, or relate in any way to
Plaintiffs Claim.
25. All written or computerized records of any investigation or adjustment activities by
Defendant and its adjusters, from the date of loss through the earlier of the date of this
lawsuit or the date litigation was first anticipated by Defendant, regarding Plaintiffs
Claim.
26. All activity logs, diaries, claim notes or log notes created by any adjuster, claim
representative, manager, or supervisor of Defendant or any third parties during the
adjustment of the Insured's Claim up until the date of this lawsuit or the date
Defendant reasonably anticipated litigation in connection with the claim at issue in this
action.
27. All reports prepared by or on behalf of Defendant in any way related to Defendant's
investigation, evaluation and/or handling of Plaintiffs Claim.
28. All damage estimates, reports or memoranda made by Defendant's adjuster(s)
regarding the extent of damage of Plaintiffs Claim.
29. A certified copy of the policy of insurance in effect on the Date of Loss.
30. Copies of all
photographs, video tapes, estimates, sketches, drawings, filed notes,
estimates for damages, reports relied upon by Defendant, reports prepared by
Defendant or reports prepared for Defendant or on Defendant'sbehalf or on behalf of
the Plaintiff Claim.
31. All property damage inventories, estimates or reports prepared and/or received by
Defendant and upon which Defendant relied in reaching Defendant's conclusions
concerning Plaintiff's Claim.
32. All documents, statements, notes, measurements, test results and/or related materials
relied upon by Defendant in reaching Defendant'sconclusionto deny Plaintiffs Claim.
33. All documents Defendant will rely on in
testifying to the areas of inquiry listed in
Schedule "A" during Defendant's corporate representative'sdeposition.
To the extent Defendant contends that any of the requests listed above seek documents
protected by privilege, Plaintiff requests that Defendant prepare and produce prior to the
deposition a privilege log that complies with Fla. R. Civ. P. 1.280(b)(5). Plaintiff also requests
that the documentsDefendant asserts are privileged be brought to the deposition and made
available to the deponent for the sole purpose of refreshing the deponent's recollection,to allow
competent testimony during the deposition.
L,,, YOUR INSURANCE
l.W ATTORNEY-
SERVED WITH COMPLAINT
RE: JERRY CANNIS and PEGGY CANNIS
v. UNIVERSALPROPERTY AND CASUALTY INSURANCE COMPANY
To Whom It May Concem:
At this time, we would like to request that your office provide five or more dates to
coordinate the deposition o f your corporate representative(s),in connection with the above-
referenced matter within one hundred and sixty (160) days. I have attached the proposed areas
of inquiry for your convenience.Please note this is not an exhaustive list and additional areas of
inquiry may be necessary depending upon additional discovery and responses to questions asked
at the deposition. Please forward all dates to
Should you have any questions, please do not hesitate to contact us. In the meantime, I
look forward to your anticipated prompt cooperationin this matter. Failure to provide dates
within the prescribed time may necessitate the filing of a Motion to Compel.
Kind Regards,
YOUR INSURANCE ATTORNEY, PLLC.
Maximo Santiago, Esq.
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Filing # 133747515 E-Filed 08/31/2021 11:58:12 AM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA JERRY CANNIS and PEGGY CANNIS, CASE NO.: Plaintiffs, V UNIVERSAL PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant. I PROPOSED NOTICE OF TAKING DEPOSITIONDUCES TECUM PLEASE TAKE NOTICE that the undersigned attorneys will take the following deposition at the place, date and time indicated below: NAME DATE TIME PLACE Corporate Representative TBD TBD TBD withknowledge pursuant to Fla. R. Civ. P. 1.310(b)(6) In accordancewith the Americans with Disabilities Act of 1990, persons needing a special accommodation to participate in this proceeding should contact the offices of the undersigned at 305-444-5969 Pursuant to Rule 1.310(b)(6) of the Florida Rules of Civil Procedure, you are hereby requested to designate one or more officers, directors, managing agents or other persons who consent to testify on behalf of the parties being deposed as the persons having the most knowledge concerning the area ofthe subject matter described on Schedule A attached hereto. Upon oral examination before a commissioner appointed by the Court, a Notary Public, or any other officer authorized to administer oaths by the laws of the State of Florida, who is neither a relative employee of such attorney or nor counsel and who is not financially interested in this action. The deposition will continue from day to day until completed. The deposition is being taken for purposes of discovery and for use as evidence in this case, for use at trial, or for such other purposes as are permitted under the Florida Rules of Civil Procedure. The deponent is to bring at the above time and place the following documents listed on the attached Schedule B. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 08/31/2021 11:58:08 AM.**** CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy ofthe foregoing was served to: UNIVERSALPROPERTY AND CASUALTY INSURANCE COMPANY on the day of August 2021. Your Insurance Attorney, PLLC. 2601 South Bayshore Drive 18th Floor Coconut Grove, FL 33133 Phone No.: 1-888-570-5677 Fax: 1-888-745-5677 Email. Secondary Email: -By.- /s? TNaximo j-. Santiago MAximo A. Santiago, Esq. Florida Bar No. 669733 Massiel C. Vazquez, Esq. Florida Bar No. 1018247 SCHEDULE A 1. The allegations set forth in the Complaint. 2. The Insurance Policy entered into between the Insurer and the Insured as referenced in the Complaint. 3. All facts related to the Insurer's involvementin the Insured's claim as referenced in the Complaint. 4. All facts related to communications between the Insured and agents of the Insurer as it relates to the allegations set forth in the Complaint. 5. The adjustment and claim handling of the instant claim alleged in the Complaint. 6. The dollar value of the Insured's damages. 7. All facts and information supporting your defenses to the Plaintiff(s) claim for insurance proceeds as alleged in the Complaint. 8. All facts and information supporting your Answer and AffirmativeDefenses. 9. All facts and information supporting any defense or exclusion of coverage under the Insurance Policy entered into between Plaintiff and Defendant as referenced in the Complaint. 10. The identity, job title, job description and activities of all persons (including any nonemployees) who participated in any way in Defendant's investigation of the Loss as described in the Complaint. 11. All facts and information Defendant learned during Defendant's investigation, adjustment and valuation of the Plaintiff's Claim, which support the claims decision made by Defendant regarding Plaintiff' s Claim. 12. All decisions made by or on behalf Defendant regarding the adjustment, investigation, and coverage determination by Defendant of Plaintiff's Claim, which is the subject of this lawsuit and the basis for those decisions. 13. All written discovery responses served by Defendant in this matter. 14. The insurance policy language, which Defendant contends, supports the claims decision made by Defendant regarding Plaintiff's claim. 15. All facts and documents from Defendant's underwriting file for the Plaintiff's property that support any of Defendant's affirmative defenses. 16. All facts and information from Defendant's underwriting file that reveal the condition o f the property at the time Defendant agreed to insure the property. SCHEDULE B 1. All documents supporting or pertaining to Defendant's affirmative defenses, or that Defendant anticipates will support Defendant'sreasons for denying Plaintiffs Claim. 2. All documentsthat Defendant reasonably expects to use at trial. 3. All photographs and/or videos that Defendant reasonably expects to use at trial or that support Defendant's affirmativedefenses. 4. All correspondence, emails, and all other documents provided by Plaintiff or its representatives, to Defendant or its representatives, in any way related to the Plaintiffs Claim. 5. All correspondence, emails and all other documents provided by Defendant or its representatives, to Plaintiff or its representatives, in any way related to Plaintiffs Claim. 6. All documents showing when the existence of Plaintiffs Claim was reported to Defendant. 7. All documents supporting the action taken and/or coverage decision made by Defendant in refusing to pay the Plaintiffs for their Claim. 8. All estimates prepared by or on behalf of Defendant in any way related to Plaintiffs claim. 9. All documents Defendant provided to the person(s) who investigated, adjusted or otherwise evaluated Plaintiffs Claim. 10. All insurance applications the insured submitted to Defendant regarding the insured property. 11. All underwriting documents in any way relating to the condition of the Insured Premises before the date of loss. 12. The underwriting file kept by Defendant regarding the Insured Premises dating from the inception of the Insured's Policy to the present. 13. All signed sworn proofs of loss submitted by the Insured to Defendant regarding the Loss. 14. All documents evidencing all payments made by Defendant to the Insured and/or for the Insured' s benefit involving a prior claim made by the Insured or prior damage sustained by an Insured, involving the Insured Property. 15. All documents evidencing all payments made by Defendant to the Insured and/or for the Insured' s benefit involving asubsequent claim made by the Insured or subsequent damage sustained by an Insured, involving the Insured Property. 16. All correspondence and documents between Defendant and any third parties, excluding Defendant's attorney, in any way related to (1) the condition of the Insured Property before the Loss; or (2) the damage to the Insured Property sustained during the Loss. 17. All documents showing or pertaining to any repairs made to the Insured Property following the Loss. 18. All transcripts of any Examinations Under Oath given or provided by the Insured regarding the Loss. 19. All transcr*ts of any Examinations Under Oath given or provided by the Plaintiff regarding the Loss. 20. All recorded statements given or provided by the Insured regarding the Loss. This request seeks a copy of the recording itself, not Defendant's transcript of the recorded statement. 21. All recorded statements given or provided by anyone besides the Insured regarding the Loss. 22. This request seeks a copy of the recording itself, not Defendant's transcript of the recorded statement. 23. All documents, written and computerized,memorializing the steps taken by Defendant to adjust, process and otherwise handle Plaintiffs Claim. 24. All written or computerized communications and written or computerized records of oral communications, whether made in person or by telephone, between any employees of Defendant and any adjuster that concern, refer, or relate in any way to Plaintiffs Claim. 25. All written or computerized records of any investigation or adjustment activities by Defendant and its adjusters, from the date of loss through the earlier of the date of this lawsuit or the date litigation was first anticipated by Defendant, regarding Plaintiffs Claim. 26. All activity logs, diaries, claim notes or log notes created by any adjuster, claim representative, manager, or supervisor of Defendant or any third parties during the adjustment of the Insured's Claim up until the date of this lawsuit or the date Defendant reasonably anticipated litigation in connection with the claim at issue in this action. 27. All reports prepared by or on behalf of Defendant in any way related to Defendant's investigation, evaluation and/or handling of Plaintiffs Claim. 28. All damage estimates, reports or memoranda made by Defendant's adjuster(s) regarding the extent of damage of Plaintiffs Claim. 29. A certified copy of the policy of insurance in effect on the Date of Loss. 30. Copies of all photographs, video tapes, estimates, sketches, drawings, filed notes, estimates for damages, reports relied upon by Defendant, reports prepared by Defendant or reports prepared for Defendant or on Defendant'sbehalf or on behalf of the Plaintiff Claim. 31. All property damage inventories, estimates or reports prepared and/or received by Defendant and upon which Defendant relied in reaching Defendant's conclusions concerning Plaintiff's Claim. 32. All documents, statements, notes, measurements, test results and/or related materials relied upon by Defendant in reaching Defendant'sconclusionto deny Plaintiffs Claim. 33. All documents Defendant will rely on in testifying to the areas of inquiry listed in Schedule "A" during Defendant's corporate representative'sdeposition. To the extent Defendant contends that any of the requests listed above seek documents protected by privilege, Plaintiff requests that Defendant prepare and produce prior to the deposition a privilege log that complies with Fla. R. Civ. P. 1.280(b)(5). Plaintiff also requests that the documentsDefendant asserts are privileged be brought to the deposition and made available to the deponent for the sole purpose of refreshing the deponent's recollection,to allow competent testimony during the deposition. L,,, YOUR INSURANCE l.W ATTORNEY- SERVED WITH COMPLAINT RE: JERRY CANNIS and PEGGY CANNIS v. UNIVERSALPROPERTY AND CASUALTY INSURANCE COMPANY To Whom It May Concem: At this time, we would like to request that your office provide five or more dates to coordinate the deposition o f your corporate representative(s),in connection with the above- referenced matter within one hundred and sixty (160) days. I have attached the proposed areas of inquiry for your convenience.Please note this is not an exhaustive list and additional areas of inquiry may be necessary depending upon additional discovery and responses to questions asked at the deposition. Please forward all dates to Should you have any questions, please do not hesitate to contact us. In the meantime, I look forward to your anticipated prompt cooperationin this matter. Failure to provide dates within the prescribed time may necessitate the filing of a Motion to Compel. Kind Regards, YOUR INSURANCE ATTORNEY, PLLC. Maximo Santiago, Esq.