Preview
Filing # 133744749 E-Filed 08/31/2021 11:41:12 AM
IN
THE
CIRCUIT
COURT OF
THE
SEVENTEENTH JUDICIAL CIRCUIT IN
AND
FOR
BROWARD
COUNTY,
FLORIDA
CASE NO.: CACE-21-007509
LESLIE BOYARSKY and DAVID
BOYARSKY,
Plaintiffs,
V
HOMEOWNERS CHOICE PROPERTY &
CASUALTY INSURANCE COMPANY, INC.,
Defendant.
DEFENDANT'S RESPONSE TO PLAINTIFFS' REQUEST TO PRODUCE
COMES NOW, Defendant, HOMEOWNERS CHOICE PROPERTY& CASUALTY
INSURANCE COMPANY, INC., by and through undersigned counsel and pursuant to
Florida Rule of Civil Procedure 1.350, hereby responds to Plaintiffs' Request to Produce
and would state as follows:
1. All policies of insurance, including, but not limited to umbrella and excess
coverage policies, declaration pages, policy forms, endorsements,which insure
to the benefit of the Insureds that were in effect during the Date of Loss.
Response: Attached.
2. Copies of any and all ISO Claims searches regarding any claims filed, prior to the
subject claim, by Plaintiffs and/or Insureds.
Page 1
COLE, SCOTT & KISSANE, P.A.
ESPERANTEBUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA33401 (561) 383-
9200 - (561) 683-8977 FAX
*** FILED: BROWARDCOUNTY, FL BRENDA D. FORMAN, CLERK 08/31/2021 11:41:11 AM.****
CASE NO.: CACE-21-007509
Response: Objection, overbroad, irrelevant and not reasonablycalculated
to lead to the discovery of admissible evidence. Defendant further objects
as the information sought is protected as part of an insurer's investigation
and claim file.
3. Copies of any and all ISO Claims searches regarding any claims filed, prior to the
subject claim, for the subject Property.
Response: Objection, overbroad, irrelevant and not reasonably calculated
to lead to the discovery of admissible evidence. Defendant further objects
as the information sought is protected as part of an insurer's investigation
and claim file.
4. Copies of any and all notices sent by you or your representatives (defined above)
to Plaintiffs and/or Insureds to participate in a mediation program under Fla.
Stat.§627.7015and copies of any and all PORS. Proofof Mailing and other
documents (defined above) which reflect in any way mailings made by you to
Plaintiffs and/or Insureds regarding the same.
Response: Objection, overbroad, irrelevant and not reasonably calculated
to lead to the discovery of admissible evidence. Defendant further objects
as the information sought is protected as part of an insurer's investigation
and claim file. Defendant also objects to the extent that this requests seeks
Page 2
COLE, SCOTT & KISSANE, P.A.
ESPERANTEBUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA33401 (561) 383-
9200 - (561) 683-8977 FAX
CASE NO.: CACE-21-007509
bad faith discovery not permissible in a first party property breach of
contract action. Without waiving said objections, see attached.
5. Any and all documents or things that You contend supports each and any of Your
affirmative defenses or coverage defenses/positions.
Response: The Defendant's Affirmative Defenses are based upon
established principles of law and speak for themselves. Without waiving
said objection, see attached.
6. Any and all documents which support any of Your denials of any allegations in
the Complaint.
Response: Objection, overbroad, irrelevant and not reasonably calculated
to lead to the discovery of admissible evidence. Defendant further objects
as the information sought is protected as part of an insurer's investigation
and claim file. Without waiving said objections, see attached.
7. Any and all documents supporting any denials made in response to Plaintiffs
First Request for Admissions.
Response: Objection, overbroad, irrelevant and not reasonably calculated
to lead to the discovery of admissible evidence. Defendant further objects
as the information sought is protected as part of an insurer's investigation
and claim file. Without waiving said objections, see attached.
Page 3
COLE, SCOTT & KISSANE, P.A.
ESPERANTEBUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA33401 (561) 383-
9200 - (561) 683-8977 FAX
CASE NO.: CACE-21-007509
8. Any and all documents which You relied upon in preparing Your responses to
Plaintiffs' First Set of Interrogatories to Defendant.
Response: Objection, overbroad, irrelevant and not reasonably calculated
to lead to the discovery of admissible evidence. Defendant further objects
as the information sought is protected as part of an insurer's investigation
and claim file. Without waiving said objections, see attached.
9. Any and all documents evidencing, showing, reflecting or relating to
correspondence, communication or contact of any kind between (a) You and/or
Defendant and (b) Plaintiffs, regarding the Claim.
Response: Objection, overbroad, irrelevant and not reasonably calculated
to lead to the discovery of admissible evidence. Defendant further objects
as the information sought is protected as part of an insurer's investigation
and claim file. Without waiving said objections, see attached.
10.Any and all documents that pertain to the damages related to this loss being
sought in this case.
Response: Objection, overbroad, irrelevant and not reasonably calculated
to lead to the discovery of admissible evidence. Defendant further objects
as the information sought is protected as part of an insurer's investigation
and claim file. Without waiving said objections, see attached.
Page 4
COLE, SCOTT & KISSANE, P.A.
ESPERANTEBUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA33401 (561) 383-
9200 - (561) 683-8977 FAX
CASE NO.: CACE-21-007509
11. Any and all documents (or a description by category and location), electronically
stored information,and tangible things that Defendant has in its possession,
custody, or control and may use to support its claims or defenses.
Response: Objection, overbroad, irrelevant and not reasonably calculated
to lead to the discovery of admissible evidence. Defendant further objects
as the information sought is protected as part of an insurer's investigation
and claim file. Without waiving said objections, see attached.
12.Any and all documents reflecting any scientific or other authority (e.g., treatises,
books, studies, software programs, etc.) relied upon by Defendant in adjusting
the Claim or determining any amount Defendantwould or would not pay.
Response: Objection, overbroad, irrelevant, and not reasonably calculated
to lead to the discovery of admissible evidence. Further, the information
sought is part of the insurer's claim file and not discoverablein this first
party property breach of contract claim. Further, the information sought is
bad faith discovery not permissible in a first party property breach of
contract claim.
13.Any and all documents upon which Defendant is relying or intends to rely to
prove that it is not obligated to tender monies for the loss sustained by Plaintiffs.
Response: Objection, overbroad, irrelevant and not reasonably calculatedto
lead to the discovery of admissible evidence. Defendant further objects as
Page 5
COLE, SCOTT & KISSANE, P.A.
ESPERANTEBUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA33401 (561) 383-
9200 - (561) 683-8977 FAX
CASE NO.: CACE-21-007509
the information sought is protected as part of an insurer's investigation and
claim file. Defendant also objects to the extent that this requests seeks bad
faith discovery not permissible in a first party property breach of contract
action. Without waiving said objections, see attached.
14.Any and all repair estimates concerning any of the damages relating to the loss
at issue in this matter.
Response: See Attached.
15.Any and all expert reports which have been obtained from any expert regarding
the Claim.
Response: Objection, overbroad, irrelevant and not reasonablycalculated
to lead to the discovery of admissible evidence. Defendant further objects
as the information sought is protected as part of an insurer's investigation
and claim file.
16.Any and all reports and current curriculum vitae from any expert(s) retained for
any reason regarding the Claim.
Response: Objection, overbroad, irrelevant and not reasonably calculated
to lead to the discovery of admissible evidence. Defendant further objects
as the information sought is protected as part of an insurer's investigation
and claim file.
Page 6
COLE, SCOTT & KISSANE, P.A.
ESPERANTEBUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA33401 (561) 383-
9200 - (561) 683-8977 FAX
CASE NO.: CACE-21-007509
17.Any and all reports, including drafts, submitted by any expert witness or potential
expert witness retained or consulted by Defendantwith respect to the issues
raised in this proceeding.
Response: Objection, overbroad, irrelevant and not reasonably calculated
to lead to the discovery of admissible evidence. Defendant further objects
as the information sought is protected as part of an insurer's investigation
and claim file.
18.Any and all documents, reports or other written records pertaining to any
inspection and/or investigation to the loss which is the basis of this lawsuit.
Response: Objection, overbroad, irrelevant and not reasonably calculated
to lead to the discovery of admissible evidence. Defendant further objects
as the information sought is protected as part of an insurer's investigation
and claim file.
19. Plaintiffs' underwriting file, and documents contained in Plaintiffs' underwriting
file.
Response: Objection, overbroad, irrelevant and not reasonably calculated
to lead to the discovery of admissible evidence. Defendant further objects
as the information sought is protected as part of an insurer's investigation
and claim file.
Page 7
COLE, SCOTT & KISSANE, P.A.
ESPERANTEBUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA33401 (561) 383-
9200 - (561) 683-8977 FAX
CASE NO.: CACE-21-007509
20.Any and all documents You intend to rely upon or introduce at trial in this
proceeding.
RESPONSE: Objection, overbroad, irrelevant and not reasonably calculated
to lead to the discovery of admissible evidence. Defendant further objects
as the information sought is protected as part of an insurer's claim file.
Further this request is premature as this case has not been set for trial.
21.Any and all documents (including but not limited to checks, statements, pictures,
receipts, letters, emails or other correspondence),reflecting any payment made
to any person or entity for any reason as a result of the Claim.
Response: Objection, overbroad, irrelevant and not reasonably calculated
to lead to the discovery of admissible evidence. Defendant further objects
as the information sought is protected as part of an insurer's investigation
and claim file. Without waiving said objections, see attached.
22.Any and all photographs or video depictions of the Real Property in the
possession of Defendantor any agent of Defendant, both before and after the
Date of Loss.
Response: Objection, overbroad, irrelevant and not reasonablycalculated
to lead to the discovery of admissible evidence. Defendant further objects
as the information sought is protected as part of an insurer's investigation
Page 8
COLE, SCOTT & KISSANE, P.A.
ESPERANTEBUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA33401 (561) 383-
9200 - (561) 683-8977 FAX
CASE NO.: CACE-21-007509
and claim file. Without waiving said objections, see redacted photos
attached.
23.Any and all documents received by Defendantfrom Plaintiffs, regarding the
Claim.
Response: attached.
24.Any and all correspondencebetween Defendant and Plaintiffs' relating to the
loss, which is basis of this lawsuit.
Response: Attached.
25.Any and all correspondence between Defendant and any non-party (not including
consultants or experts) relating to the loss, which is the basis of this lawsuit.
Response: Objection, overbroad, irrelevant and not reasonably calculated
to lead to the discovery of admissible evidence. Defendant further objects
as the information sought is protected as part of an insurer's investigation
and claim file.
26.Any and all tapes and/or transcripts of statements taken of any person, including
but not limited to Examinations Under Oath, regarding the Claim.
Response: Attached.
Page 9
COLE, SCOTT & KISSANE, P.A.
ESPERANTEBUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA33401 (561) 383-
9200 - (561) 683-8977 FAX
CASE NO.: CACE-21-007509
27. Copies of any and all statements, and any transcripts from any person who has
knowledge of the facts in this matter including any expert witness or the
Defendant (defined above)herein.
Response: Objection, overbroad, irrelevant and not reasonably calculated
to lead to the discovery of admissible evidence. Defendant further objects
as the information sought is protected as part of an insurer's investigation
and claim file. Without waiving said objection see attached.
28. Copies of any and all recorded statement(s) and telephone conversations,as
well as any transcripts including but not limited to Examinations Under Oath,
which were taken of or provided by Insureds which are in your possession or
control, regarding the Claim.
Response: Objection, overbroad, irrelevant and not reasonably calculated
to lead to the discovery of admissible evidence. Defendant further objects
as the information sought is protected as part of an insurer's investigation
and claim file. Without waiving said objection see attached.
29. Copies of any and all recorded statement(s) and telephone conversations,as
well as any transcripts for the same which have been reduced to writing and/or
transcribed, including but not limited to Examinations Under Oath, which were
Page 10
COLE, SCOTT & KISSANE, P.A.
ESPERANTEBUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA33401 (561) 383-
9200 - (561) 683-8977 FAX
CASE NO.: CACE-21-007509
taken of or provided by Plaintiffs or its representatives (defined above) which are
in your possession or control, regarding the Claim.
Response: Objection, overbroad, irrelevant and not reasonably calculated
to lead to the discovery of admissible evidence. Defendant further objects
as the information sought is protected as part of an insurer's investigation
and claim file. Without waiving said objection see attached.
30. Copies of any and all recorded statement(s) and telephone conversations,as
well as any transcripts for the same which have been reduced to writing and/or
transcribed,which were taken of or provided by any witness to the loss and/or
work performed or to be performed by Plaintiffs which are in your possession or
control, regarding the Claim.
Response: None.
31. All proofs of loss received by Defendantfrom Plaintiff, Insureds or their
representatives (defined above), regarding the Claim.
Response: None.
Page 11
COLE, SCOTT & KISSANE, P.A.
ESPERANTEBUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA33401 (561) 383-
9200 - (561) 683-8977 FAX
CASE NO.: CACE-21-007509
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 31st day of August, 2021, a true and correct copy
of the foregoing was filed with the Clerk of Broward County by using the Florida Courts
e-Filing Portal, which will send an automatic e-mail message to the following parties
registered with the e-Filing Portal system: Tressie George, Esq, Florida Professional Law
Group PLLC, tgeorge@flplg.com;eservice@flplg.com, 4600 Sheridan Street, Ste 303,
Hollywood, FL 33021, (954) 284-0900/(954) 284-0747 (F), Attorney for Plaintiffs, David
Boyarsky and Leslie Boyarsky.
COLE, SCOTT & KISSANE, P.A.
Counselfor Defendant HOMEOWNERS
CHOICE PROPERTY & CASUALTY
INSURANCECOMPANY, INC.,
Esperante Building
222 Lakeview Avenue, Suite 120
West Palm Beach, Florida 33401
Telephone (561) 383-9252
Facsimile (561) 683-8977
Primary e-mail:
Secondarye-mail:
Alternate e-mail:
By: s/ Jacqueline P. Meyer
MIMI K. MCANDREWS
Florida Bar No.- 991368
JACQUELINE P. MEYER
Florida Bar No.: 1010785
0365.1458-00
Page 12
COLE, SCOTT & KISSANE, P.A.
ESPERANTEBUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA33401 (561) 383-
9200 - (561) 683-8977 FAX
Preview
Filing # 133744749 E-Filed 08/31/2021 11:41:12 AM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: CACE-21-007509 LESLIE BOYARSKY and DAVID BOYARSKY, Plaintiffs, V HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, INC., Defendant. DEFENDANT'S RESPONSE TO PLAINTIFFS' REQUEST TO PRODUCE COMES NOW, Defendant, HOMEOWNERS CHOICE PROPERTY& CASUALTY INSURANCE COMPANY, INC., by and through undersigned counsel and pursuant to Florida Rule of Civil Procedure 1.350, hereby responds to Plaintiffs' Request to Produce and would state as follows: 1. All policies of insurance, including, but not limited to umbrella and excess coverage policies, declaration pages, policy forms, endorsements,which insure to the benefit of the Insureds that were in effect during the Date of Loss. Response: Attached. 2. Copies of any and all ISO Claims searches regarding any claims filed, prior to the subject claim, by Plaintiffs and/or Insureds. Page 1 COLE, SCOTT & KISSANE, P.A. ESPERANTEBUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA33401 (561) 383- 9200 - (561) 683-8977 FAX *** FILED: BROWARDCOUNTY, FL BRENDA D. FORMAN, CLERK 08/31/2021 11:41:11 AM.**** CASE NO.: CACE-21-007509 Response: Objection, overbroad, irrelevant and not reasonablycalculated to lead to the discovery of admissible evidence. Defendant further objects as the information sought is protected as part of an insurer's investigation and claim file. 3. Copies of any and all ISO Claims searches regarding any claims filed, prior to the subject claim, for the subject Property. Response: Objection, overbroad, irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. Defendant further objects as the information sought is protected as part of an insurer's investigation and claim file. 4. Copies of any and all notices sent by you or your representatives (defined above) to Plaintiffs and/or Insureds to participate in a mediation program under Fla. Stat.§627.7015and copies of any and all PORS. Proofof Mailing and other documents (defined above) which reflect in any way mailings made by you to Plaintiffs and/or Insureds regarding the same. Response: Objection, overbroad, irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. Defendant further objects as the information sought is protected as part of an insurer's investigation and claim file. Defendant also objects to the extent that this requests seeks Page 2 COLE, SCOTT & KISSANE, P.A. ESPERANTEBUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA33401 (561) 383- 9200 - (561) 683-8977 FAX CASE NO.: CACE-21-007509 bad faith discovery not permissible in a first party property breach of contract action. Without waiving said objections, see attached. 5. Any and all documents or things that You contend supports each and any of Your affirmative defenses or coverage defenses/positions. Response: The Defendant's Affirmative Defenses are based upon established principles of law and speak for themselves. Without waiving said objection, see attached. 6. Any and all documents which support any of Your denials of any allegations in the Complaint. Response: Objection, overbroad, irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. Defendant further objects as the information sought is protected as part of an insurer's investigation and claim file. Without waiving said objections, see attached. 7. Any and all documents supporting any denials made in response to Plaintiffs First Request for Admissions. Response: Objection, overbroad, irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. Defendant further objects as the information sought is protected as part of an insurer's investigation and claim file. Without waiving said objections, see attached. Page 3 COLE, SCOTT & KISSANE, P.A. ESPERANTEBUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA33401 (561) 383- 9200 - (561) 683-8977 FAX CASE NO.: CACE-21-007509 8. Any and all documents which You relied upon in preparing Your responses to Plaintiffs' First Set of Interrogatories to Defendant. Response: Objection, overbroad, irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. Defendant further objects as the information sought is protected as part of an insurer's investigation and claim file. Without waiving said objections, see attached. 9. Any and all documents evidencing, showing, reflecting or relating to correspondence, communication or contact of any kind between (a) You and/or Defendant and (b) Plaintiffs, regarding the Claim. Response: Objection, overbroad, irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. Defendant further objects as the information sought is protected as part of an insurer's investigation and claim file. Without waiving said objections, see attached. 10.Any and all documents that pertain to the damages related to this loss being sought in this case. Response: Objection, overbroad, irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. Defendant further objects as the information sought is protected as part of an insurer's investigation and claim file. Without waiving said objections, see attached. Page 4 COLE, SCOTT & KISSANE, P.A. ESPERANTEBUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA33401 (561) 383- 9200 - (561) 683-8977 FAX CASE NO.: CACE-21-007509 11. Any and all documents (or a description by category and location), electronically stored information,and tangible things that Defendant has in its possession, custody, or control and may use to support its claims or defenses. Response: Objection, overbroad, irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. Defendant further objects as the information sought is protected as part of an insurer's investigation and claim file. Without waiving said objections, see attached. 12.Any and all documents reflecting any scientific or other authority (e.g., treatises, books, studies, software programs, etc.) relied upon by Defendant in adjusting the Claim or determining any amount Defendantwould or would not pay. Response: Objection, overbroad, irrelevant, and not reasonably calculated to lead to the discovery of admissible evidence. Further, the information sought is part of the insurer's claim file and not discoverablein this first party property breach of contract claim. Further, the information sought is bad faith discovery not permissible in a first party property breach of contract claim. 13.Any and all documents upon which Defendant is relying or intends to rely to prove that it is not obligated to tender monies for the loss sustained by Plaintiffs. Response: Objection, overbroad, irrelevant and not reasonably calculatedto lead to the discovery of admissible evidence. Defendant further objects as Page 5 COLE, SCOTT & KISSANE, P.A. ESPERANTEBUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA33401 (561) 383- 9200 - (561) 683-8977 FAX CASE NO.: CACE-21-007509 the information sought is protected as part of an insurer's investigation and claim file. Defendant also objects to the extent that this requests seeks bad faith discovery not permissible in a first party property breach of contract action. Without waiving said objections, see attached. 14.Any and all repair estimates concerning any of the damages relating to the loss at issue in this matter. Response: See Attached. 15.Any and all expert reports which have been obtained from any expert regarding the Claim. Response: Objection, overbroad, irrelevant and not reasonablycalculated to lead to the discovery of admissible evidence. Defendant further objects as the information sought is protected as part of an insurer's investigation and claim file. 16.Any and all reports and current curriculum vitae from any expert(s) retained for any reason regarding the Claim. Response: Objection, overbroad, irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. Defendant further objects as the information sought is protected as part of an insurer's investigation and claim file. Page 6 COLE, SCOTT & KISSANE, P.A. ESPERANTEBUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA33401 (561) 383- 9200 - (561) 683-8977 FAX CASE NO.: CACE-21-007509 17.Any and all reports, including drafts, submitted by any expert witness or potential expert witness retained or consulted by Defendantwith respect to the issues raised in this proceeding. Response: Objection, overbroad, irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. Defendant further objects as the information sought is protected as part of an insurer's investigation and claim file. 18.Any and all documents, reports or other written records pertaining to any inspection and/or investigation to the loss which is the basis of this lawsuit. Response: Objection, overbroad, irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. Defendant further objects as the information sought is protected as part of an insurer's investigation and claim file. 19. Plaintiffs' underwriting file, and documents contained in Plaintiffs' underwriting file. Response: Objection, overbroad, irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. Defendant further objects as the information sought is protected as part of an insurer's investigation and claim file. Page 7 COLE, SCOTT & KISSANE, P.A. ESPERANTEBUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA33401 (561) 383- 9200 - (561) 683-8977 FAX CASE NO.: CACE-21-007509 20.Any and all documents You intend to rely upon or introduce at trial in this proceeding. RESPONSE: Objection, overbroad, irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. Defendant further objects as the information sought is protected as part of an insurer's claim file. Further this request is premature as this case has not been set for trial. 21.Any and all documents (including but not limited to checks, statements, pictures, receipts, letters, emails or other correspondence),reflecting any payment made to any person or entity for any reason as a result of the Claim. Response: Objection, overbroad, irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. Defendant further objects as the information sought is protected as part of an insurer's investigation and claim file. Without waiving said objections, see attached. 22.Any and all photographs or video depictions of the Real Property in the possession of Defendantor any agent of Defendant, both before and after the Date of Loss. Response: Objection, overbroad, irrelevant and not reasonablycalculated to lead to the discovery of admissible evidence. Defendant further objects as the information sought is protected as part of an insurer's investigation Page 8 COLE, SCOTT & KISSANE, P.A. ESPERANTEBUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA33401 (561) 383- 9200 - (561) 683-8977 FAX CASE NO.: CACE-21-007509 and claim file. Without waiving said objections, see redacted photos attached. 23.Any and all documents received by Defendantfrom Plaintiffs, regarding the Claim. Response: attached. 24.Any and all correspondencebetween Defendant and Plaintiffs' relating to the loss, which is basis of this lawsuit. Response: Attached. 25.Any and all correspondence between Defendant and any non-party (not including consultants or experts) relating to the loss, which is the basis of this lawsuit. Response: Objection, overbroad, irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. Defendant further objects as the information sought is protected as part of an insurer's investigation and claim file. 26.Any and all tapes and/or transcripts of statements taken of any person, including but not limited to Examinations Under Oath, regarding the Claim. Response: Attached. Page 9 COLE, SCOTT & KISSANE, P.A. ESPERANTEBUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA33401 (561) 383- 9200 - (561) 683-8977 FAX CASE NO.: CACE-21-007509 27. Copies of any and all statements, and any transcripts from any person who has knowledge of the facts in this matter including any expert witness or the Defendant (defined above)herein. Response: Objection, overbroad, irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. Defendant further objects as the information sought is protected as part of an insurer's investigation and claim file. Without waiving said objection see attached. 28. Copies of any and all recorded statement(s) and telephone conversations,as well as any transcripts including but not limited to Examinations Under Oath, which were taken of or provided by Insureds which are in your possession or control, regarding the Claim. Response: Objection, overbroad, irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. Defendant further objects as the information sought is protected as part of an insurer's investigation and claim file. Without waiving said objection see attached. 29. Copies of any and all recorded statement(s) and telephone conversations,as well as any transcripts for the same which have been reduced to writing and/or transcribed, including but not limited to Examinations Under Oath, which were Page 10 COLE, SCOTT & KISSANE, P.A. ESPERANTEBUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA33401 (561) 383- 9200 - (561) 683-8977 FAX CASE NO.: CACE-21-007509 taken of or provided by Plaintiffs or its representatives (defined above) which are in your possession or control, regarding the Claim. Response: Objection, overbroad, irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. Defendant further objects as the information sought is protected as part of an insurer's investigation and claim file. Without waiving said objection see attached. 30. Copies of any and all recorded statement(s) and telephone conversations,as well as any transcripts for the same which have been reduced to writing and/or transcribed,which were taken of or provided by any witness to the loss and/or work performed or to be performed by Plaintiffs which are in your possession or control, regarding the Claim. Response: None. 31. All proofs of loss received by Defendantfrom Plaintiff, Insureds or their representatives (defined above), regarding the Claim. Response: None. Page 11 COLE, SCOTT & KISSANE, P.A. ESPERANTEBUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA33401 (561) 383- 9200 - (561) 683-8977 FAX CASE NO.: CACE-21-007509 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 31st day of August, 2021, a true and correct copy of the foregoing was filed with the Clerk of Broward County by using the Florida Courts e-Filing Portal, which will send an automatic e-mail message to the following parties registered with the e-Filing Portal system: Tressie George, Esq, Florida Professional Law Group PLLC, tgeorge@flplg.com;eservice@flplg.com, 4600 Sheridan Street, Ste 303, Hollywood, FL 33021, (954) 284-0900/(954) 284-0747 (F), Attorney for Plaintiffs, David Boyarsky and Leslie Boyarsky. COLE, SCOTT & KISSANE, P.A. Counselfor Defendant HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCECOMPANY, INC., Esperante Building 222 Lakeview Avenue, Suite 120 West Palm Beach, Florida 33401 Telephone (561) 383-9252 Facsimile (561) 683-8977 Primary e-mail: Secondarye-mail: Alternate e-mail: By: s/ Jacqueline P. Meyer MIMI K. MCANDREWS Florida Bar No.- 991368 JACQUELINE P. MEYER Florida Bar No.: 1010785 0365.1458-00 Page 12 COLE, SCOTT & KISSANE, P.A. ESPERANTEBUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA33401 (561) 383- 9200 - (561) 683-8977 FAX