Preview
Filing# 136822116 E-Filed 10/19/2021 11:48:06 AM
IN
THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT IN
AND
FOR
BROWARD
COUNTY,
FLORIDA
CASE NO.: CACE-21-007201
ANTONIO ALFARO and DIANAALFARO,
Plaintiffs,
V
TYPTAP INSURANCE COMPANY,
Defendant.
DEFENDANT'S RESPONSE TO PLAINTIFF'S REQUEST TO PRODUCE
COMES NOW, Defendant,, 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.
A true and correct certified copy of the insurance policyprovided by the Insurance
Company to the Insured, for which this lawsuit is premised, includingbut not limited
to, declaration sheet(s), all addendums and attachments.
Response: Attached.
2.
Each and every timesheet, log and all other documents reflectingtime spent by
the Insurance Company at the Property.
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 is related to bad faith and is not discoverable
in this first party property breach of contract claim.
Page 1
COLE, SCOTT & KISSANE, P.A.
ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383-
9200 - (561) 683-8977 FAX
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/19/2021 11:48:06 AM.****
CASE NO.:
3.
Each
and
every
document,
evidencing
the
name,
address,
and
the
position/relationship
with the Insurance Company, of every individual who has
visited or plans to visit the Property on behalf of the Insurance Company.
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 discoverable in this first party
property breach of contract claim.
4.
Any and all correspondence or written communications from the Insurance
Company to the Insured, which in any manner pertain to the Insured's loss as
described in the Complaint.
Response: Attached.
5.
Any and all correspondence or written communications from the Insured, to the
Insurance Company which in any manner pertains to the Insured's loss as
described in the Complaint.
Response: Attached.
6.
Any and all photographs taken by the Insurance Company of the Property.
Response: Objection, the information sought is part of the insurer's claim
file and not discoverable in this first party property breach of contract claim.
Without waiving this objection, see redacted photos, attached.
7.
All documents containing information regarding a statement by the Insured at any
time during the Insurance Company's handling of the Insured's loss, including
adjuster notes,
claim
reports, interoffice
memorandum, tape recordings,
Examination Under Oath transcripts,and any other transcripts or written
statements from the Insured.
Response: Objection, overbroad, irrelevant and not reasonably calculated to
lead to the discovery of admissible evidence. Further, the information sought
Page 2
COLE, SCOTT & KISSANE, P.A.
ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383-
9200 - (561) 683-8977 FAX
CASE NO.:
is part of the insurer's claim file and not discoverable in this first party
property breach of contract claim.
8.
Any and all bills or estimates for repairs to the Property submitted to the Insurance
Company by the Insured.
Response: Attached.
9.
Any and all checks paid to, or on behalf of the Insured, representing insurance
coverage payment(s) for the loss.
Response: None.
10.All reports which in any manner pertainto the Insured's loss.
Response: Objection, the information sought is part of the insurer's claim
file and not discoverable in this first party property breach of contract claim.
11. All Proof of Loss forms pertainingto the subject loss that were sent or received by
you or your representatives to or from the Insured or the Insured's representative.
Response: None.
12. Transcripts of all recorded statements taken by you or your representatives in
connection with the subject loss.
Response: None.
13. All inspection reports or other documents that evidence the cause of the damages
at issue in the subject claim as determined by you or your representative.
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 discoverable in this first party
property breach of contract claim.
Page 3
COLE, SCOTT & KISSANE, P.A.
ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383-
9200 - (561) 683-8977 FAX
CASE NO.:
14.All applicationsfor insurance submitted by or on behalf of the Insured to you or
your representatives in connection with obtaining or renewing the subject Policy.
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 discoverable in this first party
property breach of contract claim.
15. All photographs or videos taken by you or your representative(s)in connection with
the initial issuance or renewal of the subject Policy.
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 discoverable in this first party
property breach of contract claim.
16.A current curriculum vitae (CV) or resume for each person retained on your behalf
for the purpose of rendering an opinion as to the cause or extent of the subject
damage.
Response: Objection, overbroad, irrelevant and not reasonably calculated to
lead to the discovery of admissible evidence. Without waiving said objection,
none at this time.
17.All affidavits or sworn statements in your possession pertaining to the subject loss.
Response: None.
18.Transcripts of all examinations under oath (EUO) taken by you or your
representatives in connection with the subject loss.
Response: None.
Page 4
COLE, SCOTT & KISSANE, P.A.
ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383-
9200 - (561) 683-8977 FAX
CASE NO.:
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 19th day of October, 2021, a true and correct
copy of the foregoing was filed with the Clerk of Miami-Dade County by using the Florida
Courts e-FilingPortal, which will send an automatic e-mail message to the following
parties registered with the e-Filing Portal system:
Maximo A. Santiago, Esq,, Your
Insurance
Attorney,
PLLC,
yia3@yourinsuranceattorney.com;
eservice@yourinsuranceattorney.com, 2601 South Bayshore Drive, 18th Floor, Coconut
Grove, FL 33133, (888) 570-5677/(888) 745-5677 (F), Attorney for Plaintiffs,Antonio
Alfaro and Diana Arevalo.
COLE, SCOTT & KISSANE, P.A.
Counsel for Defendant TYPTAP INSURANCE
COMPANY
Esperante Building
222 Lakeview Avenue, Suite 120
West Palm Beach, Florida 33401
Telephone (561) 383-9252
Facsimile (561) 683-8977
Primary e-mail: mimi.mcandrews@csklegal.corn
Secondary e-mail: jacqueline.meyer@csklegal.corn
Alternate e-mail:
stephanie.slone-weaver@csklegal.com
By:
s/ Jacqueline P. Meyer
MIMI K. MCANDREWS
Florida Bar No.- 991368
JACQUELINE P. MEYER
Florida Bar No.: 1010785
0365.1428-00
Page 5
COLE, SCOTT & KISSANE, P.A.
ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383-
9200 - (561) 683-8977 FAX
Preview
Filing# 136822116 E-Filed 10/19/2021 11:48:06 AM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: CACE-21-007201 ANTONIO ALFARO and DIANAALFARO, Plaintiffs, V TYPTAP INSURANCE COMPANY, Defendant. DEFENDANT'S RESPONSE TO PLAINTIFF'S REQUEST TO PRODUCE COMES NOW, Defendant,, 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. A true and correct certified copy of the insurance policyprovided by the Insurance Company to the Insured, for which this lawsuit is premised, includingbut not limited to, declaration sheet(s), all addendums and attachments. Response: Attached. 2. Each and every timesheet, log and all other documents reflectingtime spent by the Insurance Company at the Property. 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 is related to bad faith and is not discoverable in this first party property breach of contract claim. Page 1 COLE, SCOTT & KISSANE, P.A. ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383- 9200 - (561) 683-8977 FAX *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/19/2021 11:48:06 AM.**** CASE NO.: 3. Each and every document, evidencing the name, address, and the position/relationship with the Insurance Company, of every individual who has visited or plans to visit the Property on behalf of the Insurance Company. 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 discoverable in this first party property breach of contract claim. 4. Any and all correspondence or written communications from the Insurance Company to the Insured, which in any manner pertain to the Insured's loss as described in the Complaint. Response: Attached. 5. Any and all correspondence or written communications from the Insured, to the Insurance Company which in any manner pertains to the Insured's loss as described in the Complaint. Response: Attached. 6. Any and all photographs taken by the Insurance Company of the Property. Response: Objection, the information sought is part of the insurer's claim file and not discoverable in this first party property breach of contract claim. Without waiving this objection, see redacted photos, attached. 7. All documents containing information regarding a statement by the Insured at any time during the Insurance Company's handling of the Insured's loss, including adjuster notes, claim reports, interoffice memorandum, tape recordings, Examination Under Oath transcripts,and any other transcripts or written statements from the Insured. Response: Objection, overbroad, irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. Further, the information sought Page 2 COLE, SCOTT & KISSANE, P.A. ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383- 9200 - (561) 683-8977 FAX CASE NO.: is part of the insurer's claim file and not discoverable in this first party property breach of contract claim. 8. Any and all bills or estimates for repairs to the Property submitted to the Insurance Company by the Insured. Response: Attached. 9. Any and all checks paid to, or on behalf of the Insured, representing insurance coverage payment(s) for the loss. Response: None. 10.All reports which in any manner pertainto the Insured's loss. Response: Objection, the information sought is part of the insurer's claim file and not discoverable in this first party property breach of contract claim. 11. All Proof of Loss forms pertainingto the subject loss that were sent or received by you or your representatives to or from the Insured or the Insured's representative. Response: None. 12. Transcripts of all recorded statements taken by you or your representatives in connection with the subject loss. Response: None. 13. All inspection reports or other documents that evidence the cause of the damages at issue in the subject claim as determined by you or your representative. 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 discoverable in this first party property breach of contract claim. Page 3 COLE, SCOTT & KISSANE, P.A. ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383- 9200 - (561) 683-8977 FAX CASE NO.: 14.All applicationsfor insurance submitted by or on behalf of the Insured to you or your representatives in connection with obtaining or renewing the subject Policy. 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 discoverable in this first party property breach of contract claim. 15. All photographs or videos taken by you or your representative(s)in connection with the initial issuance or renewal of the subject Policy. 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 discoverable in this first party property breach of contract claim. 16.A current curriculum vitae (CV) or resume for each person retained on your behalf for the purpose of rendering an opinion as to the cause or extent of the subject damage. Response: Objection, overbroad, irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. Without waiving said objection, none at this time. 17.All affidavits or sworn statements in your possession pertaining to the subject loss. Response: None. 18.Transcripts of all examinations under oath (EUO) taken by you or your representatives in connection with the subject loss. Response: None. Page 4 COLE, SCOTT & KISSANE, P.A. ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383- 9200 - (561) 683-8977 FAX CASE NO.: CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 19th day of October, 2021, a true and correct copy of the foregoing was filed with the Clerk of Miami-Dade County by using the Florida Courts e-FilingPortal, which will send an automatic e-mail message to the following parties registered with the e-Filing Portal system: Maximo A. Santiago, Esq,, Your Insurance Attorney, PLLC, yia3@yourinsuranceattorney.com; eservice@yourinsuranceattorney.com, 2601 South Bayshore Drive, 18th Floor, Coconut Grove, FL 33133, (888) 570-5677/(888) 745-5677 (F), Attorney for Plaintiffs,Antonio Alfaro and Diana Arevalo. COLE, SCOTT & KISSANE, P.A. Counsel for Defendant TYPTAP INSURANCE COMPANY Esperante Building 222 Lakeview Avenue, Suite 120 West Palm Beach, Florida 33401 Telephone (561) 383-9252 Facsimile (561) 683-8977 Primary e-mail: mimi.mcandrews@csklegal.corn Secondary e-mail: jacqueline.meyer@csklegal.corn Alternate e-mail: stephanie.slone-weaver@csklegal.com By: s/ Jacqueline P. Meyer MIMI K. MCANDREWS Florida Bar No.- 991368 JACQUELINE P. MEYER Florida Bar No.: 1010785 0365.1428-00 Page 5 COLE, SCOTT & KISSANE, P.A. ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383- 9200 - (561) 683-8977 FAX