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Filing # 133664396 E-Filed 08/30/2021 02:05:12 PM
IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT IN AND
FOR BROWARD COUNTY, FLORIDA
HAVEN GROUP, INC.,
CASE NO: CACE-20-017617
Plaintiffs,
VS.
CITIZENS PROPERTY INSURANCE
CORPORATION,
Defendant.
i
PLAINTIFF'S NOTICE OF TAKING DEPOSITIONDUCES TECUM OF
DEFENDANT'S DESIGNATED CORPORATE REPRESENTATIVE(S)WITH
THE MOST KNOWLEDGE PURSUANT TO RULE 1.310(b)(6)
PLEASE TAKE NOTICE that Plaintiffthrough the undersigned counsel will take
the deposition, by oral examination of the following person(s) per Rule 1.310(b)(6) as
indicated below or at such other location, time, and date as is mutually agreed upon by
counsel or ordered by the Court, before an associate or deputy court reporter who is not
of counsel to the parties or interested in the events of this cause.
Name:
Date:
Time:
Place:
Any and all
11/4/21
11:00 a.m.
Universal Court Reporting
witnesses designated as
Via Zoom
corporate representative(s)
Zoom Link to be provided 24
for Defendant per Rule
Hours prior to Deposition
1.310(b)(6)regarding the
topics and subjects listed
on Schedule "A" and documents
listed on Schedule "B", and
individuallyregarding all claim
informationregarding Plaintiff's
claim and predicate informationwithin
their personal knowledge.
The deponent(s) is/are directed to produce for inspection or copying at the time of
deposition the documents called for in the attached Schedule "B" [and as to any
documents over which a claim of privilege is asserted, a privilege log per Rule
1.280(b)(5)].
The deposition(s) is/are being taken for the purpose of discovery, for use at trial,
or for such other purposes as are permitted under the Florida Rules of Civil Procedure.
The deposition will continue from day to day until completed.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 08/30/2021 02:05:11 PM.****
In an effort to expedite the deposition(s), Plaintiff's counsel requests that the
requested documents responsive to Schedule "B" be produced at least ten (10) days
before the date of the deposition(s), to allow the parties to conduct the deposition quickly
and efficiently. This will eliminate the need for Plaintiff's counsel having to review the
documents for the first time at the deposition(s) with the deponent(s). Plaintiff will
reimburse deponent(s) for all reasonable costs associated with producing the requested
documentsprior to the depositions.
Further, to the extent any privilege or confidentialityis claimed to apply to the requested
documents, the deponent(s) are directed to bring such responsive documents to the
deposition(s) so that they can fully answer all of counsel's questioning. However, a
privilege log as contemplated under Florida Rule of Civil Procedure 1.280(b)(5) may be
produced prior to and at the deposition(s) in lieu ofthe actual documentsover which such
claim(s) is asserted. Any such privileged documents are nonetheless requested to be
available at the deposition(s) for the deponent(s) to review during the deposition(s) in
order to fully answer all questions. Such review will not be deemed a waiver of any
claimed privilege.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy ofthe foregoing has been
furnishedvia electronic mail this 30t]
,th day of August,2021 to: Jennifer Valiyi, Esq., Law Offices
of Hoffman & Hoffman, P.A., 66 W. Flagler Street, Suite 200, Miami, FL 33130:
eservice@hoffmanpa.com
com iennifer@hoffmanpa.com
By:
/s/ f#ut *un#ina
LYNN GAMBINO, ESQ.
Florida Bar No: 558524
THE MINEO SALCEDO LAW FIRM, P.A.
Attorneys for Plaintiffs
5600 Davie Road
Davie, FL 33314
T: (954) 463-8100
F: (954) 463-8106
CC:
Universal Court Reporting
(via email)
2
SCHEDULE "A"
1.
The Corporate Representative who can identify by full name and company title all
those persons who participated in making the decisions by or on behalf of Defendant
determining the value of Plaintiff's claim, to pay Plaintiff's claim, or to withhold any
payments(s) of insurance proceeds to the Plaintiff for his/her claim under the insurance
policy.
2.
The Corporate Representative with the most knowledge of Defendant' s
investigation,adjustment, and valuation of Plaintiff's claim.
3.
The Corporate Representative most knowledgeable about the factual basis and all
policy language upon which Defendant's Answer is based, including all denials and
affirmativedefenses raised by Defendant in this cause.
4.
The Corporate Representative who can identify and explain how the events which
occurred to cause Plaintiff's damages constitute events excluded from the coverage
provided by the policy of insurance or why Plaintiff's claim or damages are not
otherwise covered under the policy of insurance.
5.
The Corporate Representative with the most knowledge who can describe
comprehensivelyand in detail Defendant's investigation, adjustment and handling of the
Plaintiff's claim from the date it was initially reported to Defendant until the date of this
lawsuit.
6.
The Corporate Representative who can describe, comprehensivelyand in detail,
any and all decisions made on behalf of Defendant with regard to the adjustment,
investigation, and payment or failure to pay Plaintiff's claim which is the subject of this
suit and the basis for those decisions.
7.
The Corporate Representative who can testify regarding the date Defendant
reasonablyanticipated litigation with Plaintifffor the subject claim and all circumstances
which gave rise to the Defendant's reasonable expectation or belief that litigation would
ensue, result or arise regarding Plaintiff's claim at issue in this lawsuit.
8.
The Corporate Representative who can identify and explain Defendant' s
responses to Plaintiff's discovery requests and all facts and policy language which
supportDefendant's responsesto Plaintiff's discoveryrequests.
9.
The Corporate Representative who can testify regarding the cause of loss that
Defendant attributed to Plaintiff's claim and all reasons for Defendant's assignment of
that cause of loss.
10.
The Corporate Representative who can describe and state in detail and with
specificity all damages to Plaintiff's insured property, caused, directly or indirectly, by
the subject incident.
3
SCHEDULE "B"
1.
All documents you reviewed in preparation for this deposition.
2.
All documents you will rely on in responding to the topics in Schedule "A"
during this deposition.
3.
For any documents withheld from paragraphs 1 and 2 above due to a claim of
attorney-clientprivilege, work product privilege or any other claimed right of privilege,
provide a privilege log pursuant to Florida Rule of Civil Procedure 1.280(b)(5).
4.
The complete original written, printed, and electronic claim file(s) of Defendant
and its adjusters including all independent or third-party adjusters involved in adjusting,
inspecting, and handling Plaintiff's claim or loss (cover-to-cover), from the home office,
regional office and local office for the subject claim, includingbut not limited to:
A)
All letters, memoranda, and other forms of written or computerized
communicationto or from any employee of Defendant that concern, refer,
or relate in any way to the adjusting, processing, or handling of the claim
at issue in this action.
B)
All written or computerizedrecords of any oral communication, whether
in person or by telephone, to or from any employee of Defendant that
concern, refer, or relate in anyway to the processingof the subject claim.
C)
All written or computerizedcommunications and written or computerized
records of oral communications, whether in person or by telephone,
between any employee, representativeor agent of Defendant and Plaintiff,
or his/her representativesor agents that concern, refer, or relate in any way
to the subjectclaim(s).
D)
All written or computerizedcommunications and written or computerized
records of oral communications, whether in person or by telephone,
between any employee of Defendant and any adjuster that concern, refer,
or relate in any way to the subject claim(s).
E)
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 litigationwas first anticipated
by Defendant with regard to the subjectclaim.
F)
All written or computerized communications and written or computerized
records of oral communications,whether in person or by telephone, to or
from any employee of Defendant and its adjusters that concern, refer, or
4
relate in any way to the decision to pay, deny, withhold, delay payment, or
conditionallyor partially pay Plaintiff's claim.
G)
All written or computerizedcommunications and written or computerized
records of oral communications, whether in person or by telephone,
between Plaintiff and any employee of Defendant and its adjusters that
concern, refer, or relate in any way to the decision by any employee of
Defendant to pay, deny, withhold, delay payment, or conditionally or
partially pay Plaintiff's claim.
H)
All written or computerizedcommunications and written or computerized
records of oral communications, whether in person or by telephone,
between any employee of Defendant and any third party that concern,
refer, or relate in any way to the decision by any employee or agent of
Defendant to pay, deny, withhold, delay payment or conditionally or
partially pay Plaintiff's claim.
D
All activity logs, diaries, claim notes or logs created by any adjuster, claim
representative, manager, or supervisor of Defendant or third party
adjusters during the adjustment of Plaintiff'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.
J)
The file folders in which the preceding documentsare kept.
K)
All reports and correspondence.
L)
Tapes - video and audio.
M)
Photographsand original negatives.
5.
Copies of all documentation of whatever kind or nature in your possession,
custody or control concerning the subject loss, and all files relating to Plaintiff, and
his/her claim for damages to the insured property, including but not limited to, certified
copies of any applicable insurance policies, recorded statements, documentation of the
claim such as proofs of loss, damage estimates, reports or memoranda by Defendant's
adjuster(s) regarding the extent of damage and the reasons for payment, delay of
payment, withholding ofpayment, or denial ofpayment on the subject claim.
6.
All checks refiectingpayments made to Plaintiff to date.
7.
A certified copy of the policy of insurance in effect on the subject date of loss.
8.
Copies of all summaries of statements made by Plaintiff and all recorded or
transcribed statements taken by you, your representative(s) and/or your attorneys of
Plaintiff.
5
9.
Copies of all correspondence, notices, reports or other communications between
you and your representativesand Plaintiff and his representatives regarding the loss at the
insured property.
10.
Copies of all letters from Defendant that make payment, deny payment, authorize
payment or withhold payment for the subject claim.
11.
Copies of all documents in your possession, custody or control relating to the
insured property, including but not limited to: photographs, video tapes, estimates,
sketches, drawings, field notes, estimates for damage(s), reports relied upon by you,
reports prepared by you or reports prepared for you or on your behalf of the Plaintiff
regarding the loss at the insured property.
12.
Copies of all property damage inventories, estimates or reports prepared and
received by you and upon which you relied in reaching your conclusions concerning
valuation of the loss.
13.
Copies of all other documents relied upon by you in reaching any conclusions
regarding the Plaintiff's insurance claim and the coverage and payment decisions made
on Plaintiff's claim, including all books, tables, depreciation tables, guides, price lists,
whatsoeverused by you in determining the valuation of the property or property damage
sustained by the Plaintiff, the methods of computation used by you in arriving at
valuation figures for the property, all reports, calculations, estimates and the like relied
upon by you in arriving at any and all figures used in determining the damage to the
property.
14.
Any and all documents, statements, notes, measurements, test results and related
materials relied upon by you in reaching your conclusion to make payment, deny
payment, authorize payment or withhold payment of the subject claim.
15.
All documents which indicate or support the date when Defendant contends it
first reasonably expected or anticipated litigation with Plaintiff and the reasons and
factual circumstanceswhich gave rise to that expectation or belief.
16.
Defendant's Privilege Log prepared pursuant to Florida Rule of Civil Procedure
1.280(b)(5) identifying with particularity any and all documents withheld from
Defendant's response to the preceding paragraphs as privileged, confidential, or
otherwise protected from discovery.
6
Preview
Filing # 133664396 E-Filed 08/30/2021 02:05:12 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA HAVEN GROUP, INC., CASE NO: CACE-20-017617 Plaintiffs, VS. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. i PLAINTIFF'S NOTICE OF TAKING DEPOSITIONDUCES TECUM OF DEFENDANT'S DESIGNATED CORPORATE REPRESENTATIVE(S)WITH THE MOST KNOWLEDGE PURSUANT TO RULE 1.310(b)(6) PLEASE TAKE NOTICE that Plaintiffthrough the undersigned counsel will take the deposition, by oral examination of the following person(s) per Rule 1.310(b)(6) as indicated below or at such other location, time, and date as is mutually agreed upon by counsel or ordered by the Court, before an associate or deputy court reporter who is not of counsel to the parties or interested in the events of this cause. Name: Date: Time: Place: Any and all 11/4/21 11:00 a.m. Universal Court Reporting witnesses designated as Via Zoom corporate representative(s) Zoom Link to be provided 24 for Defendant per Rule Hours prior to Deposition 1.310(b)(6)regarding the topics and subjects listed on Schedule "A" and documents listed on Schedule "B", and individuallyregarding all claim informationregarding Plaintiff's claim and predicate informationwithin their personal knowledge. The deponent(s) is/are directed to produce for inspection or copying at the time of deposition the documents called for in the attached Schedule "B" [and as to any documents over which a claim of privilege is asserted, a privilege log per Rule 1.280(b)(5)]. The deposition(s) is/are being taken for the purpose of discovery, for use at trial, or for such other purposes as are permitted under the Florida Rules of Civil Procedure. The deposition will continue from day to day until completed. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 08/30/2021 02:05:11 PM.**** In an effort to expedite the deposition(s), Plaintiff's counsel requests that the requested documents responsive to Schedule "B" be produced at least ten (10) days before the date of the deposition(s), to allow the parties to conduct the deposition quickly and efficiently. This will eliminate the need for Plaintiff's counsel having to review the documents for the first time at the deposition(s) with the deponent(s). Plaintiff will reimburse deponent(s) for all reasonable costs associated with producing the requested documentsprior to the depositions. Further, to the extent any privilege or confidentialityis claimed to apply to the requested documents, the deponent(s) are directed to bring such responsive documents to the deposition(s) so that they can fully answer all of counsel's questioning. However, a privilege log as contemplated under Florida Rule of Civil Procedure 1.280(b)(5) may be produced prior to and at the deposition(s) in lieu ofthe actual documentsover which such claim(s) is asserted. Any such privileged documents are nonetheless requested to be available at the deposition(s) for the deponent(s) to review during the deposition(s) in order to fully answer all questions. Such review will not be deemed a waiver of any claimed privilege. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy ofthe foregoing has been furnishedvia electronic mail this 30t] ,th day of August,2021 to: Jennifer Valiyi, Esq., Law Offices of Hoffman & Hoffman, P.A., 66 W. Flagler Street, Suite 200, Miami, FL 33130: eservice@hoffmanpa.com com iennifer@hoffmanpa.com By: /s/ f#ut *un#ina LYNN GAMBINO, ESQ. Florida Bar No: 558524 THE MINEO SALCEDO LAW FIRM, P.A. Attorneys for Plaintiffs 5600 Davie Road Davie, FL 33314 T: (954) 463-8100 F: (954) 463-8106 CC: Universal Court Reporting (via email) 2 SCHEDULE "A" 1. The Corporate Representative who can identify by full name and company title all those persons who participated in making the decisions by or on behalf of Defendant determining the value of Plaintiff's claim, to pay Plaintiff's claim, or to withhold any payments(s) of insurance proceeds to the Plaintiff for his/her claim under the insurance policy. 2. The Corporate Representative with the most knowledge of Defendant' s investigation,adjustment, and valuation of Plaintiff's claim. 3. The Corporate Representative most knowledgeable about the factual basis and all policy language upon which Defendant's Answer is based, including all denials and affirmativedefenses raised by Defendant in this cause. 4. The Corporate Representative who can identify and explain how the events which occurred to cause Plaintiff's damages constitute events excluded from the coverage provided by the policy of insurance or why Plaintiff's claim or damages are not otherwise covered under the policy of insurance. 5. The Corporate Representative with the most knowledge who can describe comprehensivelyand in detail Defendant's investigation, adjustment and handling of the Plaintiff's claim from the date it was initially reported to Defendant until the date of this lawsuit. 6. The Corporate Representative who can describe, comprehensivelyand in detail, any and all decisions made on behalf of Defendant with regard to the adjustment, investigation, and payment or failure to pay Plaintiff's claim which is the subject of this suit and the basis for those decisions. 7. The Corporate Representative who can testify regarding the date Defendant reasonablyanticipated litigation with Plaintifffor the subject claim and all circumstances which gave rise to the Defendant's reasonable expectation or belief that litigation would ensue, result or arise regarding Plaintiff's claim at issue in this lawsuit. 8. The Corporate Representative who can identify and explain Defendant' s responses to Plaintiff's discovery requests and all facts and policy language which supportDefendant's responsesto Plaintiff's discoveryrequests. 9. The Corporate Representative who can testify regarding the cause of loss that Defendant attributed to Plaintiff's claim and all reasons for Defendant's assignment of that cause of loss. 10. The Corporate Representative who can describe and state in detail and with specificity all damages to Plaintiff's insured property, caused, directly or indirectly, by the subject incident. 3 SCHEDULE "B" 1. All documents you reviewed in preparation for this deposition. 2. All documents you will rely on in responding to the topics in Schedule "A" during this deposition. 3. For any documents withheld from paragraphs 1 and 2 above due to a claim of attorney-clientprivilege, work product privilege or any other claimed right of privilege, provide a privilege log pursuant to Florida Rule of Civil Procedure 1.280(b)(5). 4. The complete original written, printed, and electronic claim file(s) of Defendant and its adjusters including all independent or third-party adjusters involved in adjusting, inspecting, and handling Plaintiff's claim or loss (cover-to-cover), from the home office, regional office and local office for the subject claim, includingbut not limited to: A) All letters, memoranda, and other forms of written or computerized communicationto or from any employee of Defendant that concern, refer, or relate in any way to the adjusting, processing, or handling of the claim at issue in this action. B) All written or computerizedrecords of any oral communication, whether in person or by telephone, to or from any employee of Defendant that concern, refer, or relate in anyway to the processingof the subject claim. C) All written or computerizedcommunications and written or computerized records of oral communications, whether in person or by telephone, between any employee, representativeor agent of Defendant and Plaintiff, or his/her representativesor agents that concern, refer, or relate in any way to the subjectclaim(s). D) All written or computerizedcommunications and written or computerized records of oral communications, whether in person or by telephone, between any employee of Defendant and any adjuster that concern, refer, or relate in any way to the subject claim(s). E) 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 litigationwas first anticipated by Defendant with regard to the subjectclaim. F) All written or computerized communications and written or computerized records of oral communications,whether in person or by telephone, to or from any employee of Defendant and its adjusters that concern, refer, or 4 relate in any way to the decision to pay, deny, withhold, delay payment, or conditionallyor partially pay Plaintiff's claim. G) All written or computerizedcommunications and written or computerized records of oral communications, whether in person or by telephone, between Plaintiff and any employee of Defendant and its adjusters that concern, refer, or relate in any way to the decision by any employee of Defendant to pay, deny, withhold, delay payment, or conditionally or partially pay Plaintiff's claim. H) All written or computerizedcommunications and written or computerized records of oral communications, whether in person or by telephone, between any employee of Defendant and any third party that concern, refer, or relate in any way to the decision by any employee or agent of Defendant to pay, deny, withhold, delay payment or conditionally or partially pay Plaintiff's claim. D All activity logs, diaries, claim notes or logs created by any adjuster, claim representative, manager, or supervisor of Defendant or third party adjusters during the adjustment of Plaintiff'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. J) The file folders in which the preceding documentsare kept. K) All reports and correspondence. L) Tapes - video and audio. M) Photographsand original negatives. 5. Copies of all documentation of whatever kind or nature in your possession, custody or control concerning the subject loss, and all files relating to Plaintiff, and his/her claim for damages to the insured property, including but not limited to, certified copies of any applicable insurance policies, recorded statements, documentation of the claim such as proofs of loss, damage estimates, reports or memoranda by Defendant's adjuster(s) regarding the extent of damage and the reasons for payment, delay of payment, withholding ofpayment, or denial ofpayment on the subject claim. 6. All checks refiectingpayments made to Plaintiff to date. 7. A certified copy of the policy of insurance in effect on the subject date of loss. 8. Copies of all summaries of statements made by Plaintiff and all recorded or transcribed statements taken by you, your representative(s) and/or your attorneys of Plaintiff. 5 9. Copies of all correspondence, notices, reports or other communications between you and your representativesand Plaintiff and his representatives regarding the loss at the insured property. 10. Copies of all letters from Defendant that make payment, deny payment, authorize payment or withhold payment for the subject claim. 11. Copies of all documents in your possession, custody or control relating to the insured property, including but not limited to: photographs, video tapes, estimates, sketches, drawings, field notes, estimates for damage(s), reports relied upon by you, reports prepared by you or reports prepared for you or on your behalf of the Plaintiff regarding the loss at the insured property. 12. Copies of all property damage inventories, estimates or reports prepared and received by you and upon which you relied in reaching your conclusions concerning valuation of the loss. 13. Copies of all other documents relied upon by you in reaching any conclusions regarding the Plaintiff's insurance claim and the coverage and payment decisions made on Plaintiff's claim, including all books, tables, depreciation tables, guides, price lists, whatsoeverused by you in determining the valuation of the property or property damage sustained by the Plaintiff, the methods of computation used by you in arriving at valuation figures for the property, all reports, calculations, estimates and the like relied upon by you in arriving at any and all figures used in determining the damage to the property. 14. Any and all documents, statements, notes, measurements, test results and related materials relied upon by you in reaching your conclusion to make payment, deny payment, authorize payment or withhold payment of the subject claim. 15. All documents which indicate or support the date when Defendant contends it first reasonably expected or anticipated litigation with Plaintiff and the reasons and factual circumstanceswhich gave rise to that expectation or belief. 16. Defendant's Privilege Log prepared pursuant to Florida Rule of Civil Procedure 1.280(b)(5) identifying with particularity any and all documents withheld from Defendant's response to the preceding paragraphs as privileged, confidential, or otherwise protected from discovery. 6