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Case Number: CACE-20-017334 Division: 02
Filing # 115218337 E-Filed 10/19/2020 04:47:39 PM
IN THE CIRCUIT COURT OF THE 17%
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
PASQUALE BARRASSO, CASE NO.:
Plaintiff,
V.
TOWER HILL SIGNATURE
INSURANCE COMPANY,
Defendant.
/
PLAINTIFF’S FIRST REQUESTS FOR PRODUCTION TO DEFENDANT.
COMES NOW, Plaintiff, PASQUALE BARRASSO, through the undersigned counsel,
and hereby files its First Requests for Production to Defendant, TOWER HILL SIGNATURE
INSURANCE COMPANY:
1 A certified copy of the subject insurance policy, including any and all
endorsements, addendums, attachments and enclosures.
2. Any and all applications for any and all insurance with the Defendant, including
the subject insurance policy, including any photographs taken in the underwriting policy.
3 The complete underwriting file for the subject insurance policy.
4 Any and all checks, drafts, documents, items, notices, pamphlets, questionnaires,
surveys, and/or instruments evidencing payment to the Plaintiff and/or the Plaintiffs
representatives for the subject claim. (note this includes, but it not limited to, any
correspondences, letters, reports, and/or estimates enclosed or attached with payment).
5 Any and all recorded statements, whether by a named insured, additional insured,
or behalf of the insured for the subject claim.
Page 1 of 7
#** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/19/2020 04:47:36 PM.**#**
6. Any and all recorded statements Defendant relied upon in making a coverage
determination for the subject claim.
7 Any and all recorded statements of the Plaintiff taken over the past 3 years.
8 Any reports discussing any damages and/or the lack of damages to the subject
property.
9 Any and all notes and/or reports reflecting any statements of the Plaintiff and/or
the Plaintiff's representatives in reference to the subject claim.
10. Any and all notes and/or reports reflecting any statements of the Plaintiff and/or
the Plaintiff's representatives that Defendant relied upon and/or considered in making a coverage
decision for the subject claim.
11. Any and all examinations under oaths taken for the subject claim.
12. Any and all statements contemplated by Fla. Stat.§ 92.33, whether by Plaintiff,
additional insured, or on behalf of the Plaintiff.
13. Any and all photographs of the subject property taken prior to the subject loss
date.
14. Any and all photographs of the subject property taken after the subject loss date.
15. Any and all photographs taken in reference to the subject claim.
16. Any and all photographs that Defendant and/or its representatives relied upon
and/or considered in making a coverage determination for the subject claim.
17. Any and all photographs taken on behalf of the Defendant and/or its
representatives for any subsequent insurance claims.
18. Any and all reports taken on behalf of the Defendant and/or its representatives for
any subsequent insurance claims.
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19. Any and all video taken for the subject claim by Defendant and/or its
representatives.
20. Any and all correspondences, emails, text messages and/or communications sent
by the Defendant in reference to the subject claim.
21. Any and all correspondences, emails, text messages and/or communications sent
by the Defendant in reference to the subject insurance policy.
22. Any and all correspondences, emails, text messages and/or communications
received by the Defendant in reference to the subject claim.
23. Any and all correspondences, emails, text messages and/or communications
received by the Defendant in reference to the subject insurance policy.
24. Any estimates prepared by Defendant and/or on Defendant’s behalf for the
subject claim.
25. Any estimates prepared by Defendant and/or on Defendant’s behalf for any
subsequent insurance claims.
26. Any estimates Defendant received in reference to the subject claim.
27. Any and all communications between Defendant and any individual who
inspected the subject property on Defendant’s behalf.
28. Any and all reports prepared by any individual who inspected the subject property
on Defendant’s behalf.
29. Any and all invoices for any individual who inspected the subject property on
Defendant’s behalf.
30. Any requests for a sworn proof of loss for the subject claim.
31. Any requests for an examination under oath for the subject claim.
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32. Any requests for compliance with any post loss obligation under the subject
policy in reference to the subject claim.
33. Any documents communicating a coverage decision to the Plaintiff for the subject
claim.
34. Any receipts and/or invoices for repairs in reference to the subject claim.
35. Documents relating to the initial inspection and/or appraisal for the original
inception of the subject insurance policy, including any reports such as a “four point” inspection.
36. Any reservation of rights letter(s) sent by the Defendant and/or on Defendant’s
behalf in reference to the subject claim.
37. Any documentation evidencing the credentials and/or licensing information for
any individual who inspected the subject property in reference to the subject claim.
38. Any documentation evidencing the credentials and/or licensing information for
any individual on behalf of the Defendant who communicated with the Plaintiff and/or to an
individual on the Plaintiff's behalf for the subject claim.
39. Any estimate that Defendant and/or a representative of Defendant has prepared
for the subject property for the past 5 years.
40. Any estimate that Defendant and/or a representative of Defendant has prepared
for the subject property for the past 3 years.
41. Any and all communications and/or contracts Defendant received on behalf of the
Plaintiff for the subject claim.
42. Any estimates, contracts and/or proposals Defendant received from Plaintiff
and/or on Plaintiff's behalf for the subject claim.
43. Any requests for appraisal submitted by anyone for the subject claim.
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44. If Defendant claims the claimed damages were pre-existing, any documents that
support this assertion.
45. If Defendant claims the claimed damages were long term, any documents that
support this assertion.
46. If Defendant claims the claimed damages were due to wear and tear, any
documents that support this assertion.
47. Any documents reflecting Defendant invoking its option to repair under the
policy.
48. Any documents that support the affirmative defenses asserted by Defendant.
49. Any and all documents relating to any alleged material misrepresentation(s)
regarding the subject claim.
50. Any and all documents relating to any alleged failure to cooperate of the Plaintiff
regarding the subject claim.
S1. Any and all documents the Defendant relied upon and/or considered in making a
coverage decision for the subject claim.
52. Any reports from any person retained by the Defendant to evaluate the damages at
the subject property for the subject claim.
53. Any documents in reference to any prior insurance claim(s) that Defendant is
relying upon in adjusting the subject insurance claim.
54. Any documents in reference to any prior insurance claim(s) made by the Plaintiff
for the last 10 years.
55. Any documents in reference to any prior insurance claim(s) made by the Plaintiff
for the last 5 years.
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56. Any evidence of the subject insurance policy being provided to Plaintiff from the
time of the reporting of the subject insurance claim until the time of the filing of this action.
57. Any evidence of the subject property showing that permits are not necessary in
order to complete the repairs.
58. Any documentation showing Defendant accepted and retained the deductible
payment made by Plaintiff.
[Certificate of Service on Following Page]
Page 6 of 7
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a certified copy of the foregoing has been served on
Defendant.
KANNER & PINTALUGA, P.A.
Attorneys for Plaintiff
925 S. Federal Highway, Sixth Floor
Boca Raton, FL 33432
Phone: (561) 424-0032
Fax: (561) 853-2188
Court Phone Number: (1-888) 824-7834
Email: aaltman@kpattorney.com
alexandre@kpattorney.com
FirstPartyEService@kpattorney.com
By: /s/ Alexis Altman
MAX M. MESSINGER, ESQ.
Florida Bar No.: 69988
ALEXIS ALTMAN, ESQ.
Florida Bar No.: 0105040
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Preview
Case Number: CACE-20-017334 Division: 02 Filing # 115218337 E-Filed 10/19/2020 04:47:39 PM IN THE CIRCUIT COURT OF THE 17% JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA PASQUALE BARRASSO, CASE NO.: Plaintiff, V. TOWER HILL SIGNATURE INSURANCE COMPANY, Defendant. / PLAINTIFF’S FIRST REQUESTS FOR PRODUCTION TO DEFENDANT. COMES NOW, Plaintiff, PASQUALE BARRASSO, through the undersigned counsel, and hereby files its First Requests for Production to Defendant, TOWER HILL SIGNATURE INSURANCE COMPANY: 1 A certified copy of the subject insurance policy, including any and all endorsements, addendums, attachments and enclosures. 2. Any and all applications for any and all insurance with the Defendant, including the subject insurance policy, including any photographs taken in the underwriting policy. 3 The complete underwriting file for the subject insurance policy. 4 Any and all checks, drafts, documents, items, notices, pamphlets, questionnaires, surveys, and/or instruments evidencing payment to the Plaintiff and/or the Plaintiffs representatives for the subject claim. (note this includes, but it not limited to, any correspondences, letters, reports, and/or estimates enclosed or attached with payment). 5 Any and all recorded statements, whether by a named insured, additional insured, or behalf of the insured for the subject claim. Page 1 of 7 #** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/19/2020 04:47:36 PM.**#** 6. Any and all recorded statements Defendant relied upon in making a coverage determination for the subject claim. 7 Any and all recorded statements of the Plaintiff taken over the past 3 years. 8 Any reports discussing any damages and/or the lack of damages to the subject property. 9 Any and all notes and/or reports reflecting any statements of the Plaintiff and/or the Plaintiff's representatives in reference to the subject claim. 10. Any and all notes and/or reports reflecting any statements of the Plaintiff and/or the Plaintiff's representatives that Defendant relied upon and/or considered in making a coverage decision for the subject claim. 11. Any and all examinations under oaths taken for the subject claim. 12. Any and all statements contemplated by Fla. Stat.§ 92.33, whether by Plaintiff, additional insured, or on behalf of the Plaintiff. 13. Any and all photographs of the subject property taken prior to the subject loss date. 14. Any and all photographs of the subject property taken after the subject loss date. 15. Any and all photographs taken in reference to the subject claim. 16. Any and all photographs that Defendant and/or its representatives relied upon and/or considered in making a coverage determination for the subject claim. 17. Any and all photographs taken on behalf of the Defendant and/or its representatives for any subsequent insurance claims. 18. Any and all reports taken on behalf of the Defendant and/or its representatives for any subsequent insurance claims. Page 2 of 7 19. Any and all video taken for the subject claim by Defendant and/or its representatives. 20. Any and all correspondences, emails, text messages and/or communications sent by the Defendant in reference to the subject claim. 21. Any and all correspondences, emails, text messages and/or communications sent by the Defendant in reference to the subject insurance policy. 22. Any and all correspondences, emails, text messages and/or communications received by the Defendant in reference to the subject claim. 23. Any and all correspondences, emails, text messages and/or communications received by the Defendant in reference to the subject insurance policy. 24. Any estimates prepared by Defendant and/or on Defendant’s behalf for the subject claim. 25. Any estimates prepared by Defendant and/or on Defendant’s behalf for any subsequent insurance claims. 26. Any estimates Defendant received in reference to the subject claim. 27. Any and all communications between Defendant and any individual who inspected the subject property on Defendant’s behalf. 28. Any and all reports prepared by any individual who inspected the subject property on Defendant’s behalf. 29. Any and all invoices for any individual who inspected the subject property on Defendant’s behalf. 30. Any requests for a sworn proof of loss for the subject claim. 31. Any requests for an examination under oath for the subject claim. Page 3 of 7 32. Any requests for compliance with any post loss obligation under the subject policy in reference to the subject claim. 33. Any documents communicating a coverage decision to the Plaintiff for the subject claim. 34. Any receipts and/or invoices for repairs in reference to the subject claim. 35. Documents relating to the initial inspection and/or appraisal for the original inception of the subject insurance policy, including any reports such as a “four point” inspection. 36. Any reservation of rights letter(s) sent by the Defendant and/or on Defendant’s behalf in reference to the subject claim. 37. Any documentation evidencing the credentials and/or licensing information for any individual who inspected the subject property in reference to the subject claim. 38. Any documentation evidencing the credentials and/or licensing information for any individual on behalf of the Defendant who communicated with the Plaintiff and/or to an individual on the Plaintiff's behalf for the subject claim. 39. Any estimate that Defendant and/or a representative of Defendant has prepared for the subject property for the past 5 years. 40. Any estimate that Defendant and/or a representative of Defendant has prepared for the subject property for the past 3 years. 41. Any and all communications and/or contracts Defendant received on behalf of the Plaintiff for the subject claim. 42. Any estimates, contracts and/or proposals Defendant received from Plaintiff and/or on Plaintiff's behalf for the subject claim. 43. Any requests for appraisal submitted by anyone for the subject claim. Page 4 of 7 44. If Defendant claims the claimed damages were pre-existing, any documents that support this assertion. 45. If Defendant claims the claimed damages were long term, any documents that support this assertion. 46. If Defendant claims the claimed damages were due to wear and tear, any documents that support this assertion. 47. Any documents reflecting Defendant invoking its option to repair under the policy. 48. Any documents that support the affirmative defenses asserted by Defendant. 49. Any and all documents relating to any alleged material misrepresentation(s) regarding the subject claim. 50. Any and all documents relating to any alleged failure to cooperate of the Plaintiff regarding the subject claim. S1. Any and all documents the Defendant relied upon and/or considered in making a coverage decision for the subject claim. 52. Any reports from any person retained by the Defendant to evaluate the damages at the subject property for the subject claim. 53. Any documents in reference to any prior insurance claim(s) that Defendant is relying upon in adjusting the subject insurance claim. 54. Any documents in reference to any prior insurance claim(s) made by the Plaintiff for the last 10 years. 55. Any documents in reference to any prior insurance claim(s) made by the Plaintiff for the last 5 years. Page 5 of 7 56. Any evidence of the subject insurance policy being provided to Plaintiff from the time of the reporting of the subject insurance claim until the time of the filing of this action. 57. Any evidence of the subject property showing that permits are not necessary in order to complete the repairs. 58. Any documentation showing Defendant accepted and retained the deductible payment made by Plaintiff. [Certificate of Service on Following Page] Page 6 of 7 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a certified copy of the foregoing has been served on Defendant. KANNER & PINTALUGA, P.A. Attorneys for Plaintiff 925 S. Federal Highway, Sixth Floor Boca Raton, FL 33432 Phone: (561) 424-0032 Fax: (561) 853-2188 Court Phone Number: (1-888) 824-7834 Email: aaltman@kpattorney.com alexandre@kpattorney.com FirstPartyEService@kpattorney.com By: /s/ Alexis Altman MAX M. MESSINGER, ESQ. Florida Bar No.: 69988 ALEXIS ALTMAN, ESQ. Florida Bar No.: 0105040 Page 7 of 7