Preview
we" CASE NUMBER: 502021CA005222XXXXMB Div: Al ****
Filing # 125508614 E-Filed 04/23/2021 01:59:11 PM
IN THE CIRCUIT COURT OF THE
15TH JUDICIAL CIRCUIT IN AND
FOR PALM BEACH COUNTY,
FLORIDA
PACITA JAYE, CASE NO.:
Petitioner,
v
CASTLE KEY INSURANCE COMPANY,
Respondent.
/
PETITIONER’S FIRST SET OF INTERROGATORIES TO
RESPONDENT
Petitioner, PACITA JAYE, pursuant to Rule 1.340(e), Florida Rules of Civil Procedure,
propound the attached interrogatories, which are 15 in number, to Respondent which will be due
within forty-five (45) days from the date of service hereof.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served with the
Summons and Complaint on Respondent.
THE FARBER LAW FIRM
Attomey for Petitioner
2199 Ponce De Leon Bivd., Suite 301
Coral Gables, FL 33134
Telephone: (305) 774-0134
Facsimile: (305) 774-0135
Primary: dfarber@dfarberlaw.com
Secondary: maria@dfarberlaw.com
By: — /s/ David S. Farber
David S. Farber
FBN: 0370230
CHEN. DAIAARCACUAAIINTY Cl INGEDU ARDIIV7ZA FLED AAINAINANA N4.FO0.44 DNA
Pn. PAL DLA VUUINE TT, FL, VUOL II mDnNUeey, ULUIAN, Uteueue! Ul. oieINSTRUCTIONS AND DEFINITIONS
The following instructions and definitions shall apply herein:
A. "Person" means any individual, partnership, firm, association, corporation or other
government, legal or business entity.
B. "Document" includes any written, recorded or graphic matter, however produced or
reproduced, of every kind and regardless of where located, including but not limited to any
summary, schedule, memorandum, note, statement, letter, telegram, inter-office communication,
report, diary, desk or pocket calendar or notebook, day book, appointment book, pamphlet,
periodical, work sheet, list, graph, chart, index, tape, record, partial or complete report of telephone
or oral conversation, compilation, tabulation, study, analysis, transcript, minutes, data sheet, data
processing card or tape, and all other memorials of any conversations, meetings and conferences by
telephone or otherwise, and any other writing or recording which is in the possession, custody orcontrol of Defendant or Defendant's attorneys. The term "document" or "documents" shall also
include all non-conforming copies of the above and the files in which said are maintained.
C. "You" means Defendant, her agents, or other persons acting on behalf of Defendant.
D. in each case where you are asked to identity or to state the identity of a document or
where the answer to an Interrogatory refers to a document, state with respect to each such
document:
1. the identity of the person who signed it, or over whose name it was issued;
2. the addressee or addresses;
3. the nature and substance of the document with sufficient particularity to enable the same
to be identified;
A tha data af tha danumant
S. une Gave O1 ue GOCumen,5. the identity and address of each person who has custody of the document or a copy
thereof; and
6. ifsuch document is no longer within your custody or control, state whether it is:
a. missing or lost, has been destroyed, has been transferred voluntarily or
involuntarily to others, and has been otherwise disposed of; and
b, the circumstances surrounding and authorization for such disposition.
In lieu of the above, you may attach said documents to the answers to these Interrogatories,
specifying in your answer which documents are attached in answer thereto.
E. In each case where you are required to identify an oral communication, or where the
answer to the Interrogatory refers to an oral communication or statement, state with respect thereto:
1. the date and place thereof;
2. the identity of each person who participated in or heard any part of the conversation;
3. if an individual, his business affiliation or employment at the date of the transaction,
event, or matter referred to; and
4. if corporation or association, the business activity in which it was engaged at the date of
the transaction, event or matter referred to.
F. If you cannot answer a particular interrogatory in full, after exercising due diligence to
secure the information to do so, state the answer to the extent possible, specifying your inability to
answer the remainder and stating whatever information or knowledge you have concerning the
unanswered portion.FIRST SET OF INTERROGATORIES TO RESPONDENT
1. Identify all persons who participated in the preparation of the responses to these
interrogatories.
2. Please specifically state why you did not pay the loss described in the Petition, including any
policy language that you assert supports your position, the person with most knowledge
concerning each assertion and such person(s) address and phone number.3. List the names, addresses, and official positional relationship with the Respondent, if any,
who are believed or known by you, your agents, or your attorneys to have any knowledge
concerning any of the issues in this lawsuit, and specify the subject matter about which the
witness has knowledge.4.
Identify and describe each document known to Respondent which is related to the
Petitioner’ account and/or policy.
As to each affirmative defense raised in your answer filed in this action, please
state the name and address of each person who has personal knowledge of the
facts upon which you base the affirmative defense, setting forth which specific
affirmative defense that person has knowledge and describing in as much detail as
possible the facts known by said person.
Do you agree with Petitioner’s contention that their loss happened as a result of an
ACCIDENTAL WATER DISCHARGE from their plumbing system? If not,
please state your contention as to the cause of Petitioner’ loss, how the same is not
accidental, and why you have not extended coverage to remove and/or replace
Petitioner’s broken pipe or the ensuing water damage. For each such fact supporting
aa De
of knowledge of said individual with Ienowledge supporting such fact(s).Please state whether the Respondent has evaluated the damages caused by the
subject ACCIDENTAL WATER DISCHARGE CLAIM, and if so, please state
with specificity who performed the evaluation and/or estimate; when said
evaluation or estimate was performed; and the amount of damages the
Respondent agrees were caused by the subject ACCIDENTAL WATER
DISCHARGE CLAIM, outlining the basis for same.
Please identify all written policies, manuals or written communications setting
forth company practices, procedures or policies regarding the handling of
ACCIDENTAL WATER DISCHARGE CLAIMS. Please identify the
document(s) with sufficient particularity to enable the Petitioner to propound a
Request for Production accordingly.10.
Please provide a detailed description of the particular procedure or investigation
that was pursued to evaluate and process the Petitioner’s claim which is the basis
of this iawsuit.
Was this procedure and/or investigation described in response to the preceding
interrogatory normal or unusual? If the procedure or investigation was not normal
or usual, please explain in what respect this procedure and/or investigation
concerning the Petitioner(s)’ claim deviated from the normal or usual procedure
and/or investigation.ll.
13.
Please describe the experience, training and educational background of each
person who investigated, evaluated, managed and/or reviewed or otherwise
handled Petitioner’s claim, or rendered any written or oral report regarding the
claim.
If the Petitioner’s claim was reviewed by the regional and/or home office, identify
each person in that office who reviewed the file, that person’s supervisor, all
writings or other evidence of communication to and from that office regarding the
handling of the Petitioner’s claim.
Please state the (A) name, (B) professional address, (C) home address, (D)
profession/occupation, (E) specialty field, (F) all qualifications enabling him/her
to render an opinion in this cause, (G) the subject matter he/she is expected to
testify on, and (H) any and all opinions he/she has rendered in regard to the
subject matter of this litigation outlining each fact or facts determined the
substance of the facts relied upon and a summary of grounds of each opinion, of
each person who may or is expected by you, your attorney or any representative
of yours, to testify as an expert witness during trial of this matter.14.
15.
Please state whether the expert rendered any report to you with regard to the
subject matter of this litigation and if so, sufficiently describe the reports so that
the Petitioner can propound a request for Production for same.
If you contend that ACCIDENTAL WATER DISCHARGE CLAIM referenced in
the petition, February 4, 2021, occurred on a different date other than the one
referenced or you contend that the claim occurred on another particular date so as to
be ongoing and thereby repeatedly seeping and leaking into Petitioner’s property,
please provide the date(s) in which such repeated seepage and leakage occurred and
specify the damage caused on each such date. For each such fact supporting the
foregoing response, provide the name, address, telephone number and substance of
knowledge of said individual with knowledge supporting such fact(s).CASTLE KEY INSURANCE COMPANY
BY:
STATE OF FLORIDA )
COUNTY OF )
BEFORE ME, the undersigned authority, personally appeared 7
personally known to me or who produced identification (Type of ID produced ).who,
by me, being first duly sworn, states that he/she executed the foregoing answers to interrogatories
and that they are trne and earract ta the hect af hic/her knawledae and helief
GG ular UIC GE WUe UHH COMSCL tO UIE CLG OF UGH ROU WING Ge Gk CCN.
SWORN TO AND SUBSCRIBED before me this day of. , 2021.
My commission expires:
Preview
we" CASE NUMBER: 502021CA005222XXXXMB Div: Al **** Filing # 125508614 E-Filed 04/23/2021 01:59:11 PM IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA PACITA JAYE, CASE NO.: Petitioner, v CASTLE KEY INSURANCE COMPANY, Respondent. / PETITIONER’S FIRST SET OF INTERROGATORIES TO RESPONDENT Petitioner, PACITA JAYE, pursuant to Rule 1.340(e), Florida Rules of Civil Procedure, propound the attached interrogatories, which are 15 in number, to Respondent which will be due within forty-five (45) days from the date of service hereof. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served with the Summons and Complaint on Respondent. THE FARBER LAW FIRM Attomey for Petitioner 2199 Ponce De Leon Bivd., Suite 301 Coral Gables, FL 33134 Telephone: (305) 774-0134 Facsimile: (305) 774-0135 Primary: dfarber@dfarberlaw.com Secondary: maria@dfarberlaw.com By: — /s/ David S. Farber David S. Farber FBN: 0370230 CHEN. DAIAARCACUAAIINTY Cl INGEDU ARDIIV7ZA FLED AAINAINANA N4.FO0.44 DNA Pn. PAL DLA VUUINE TT, FL, VUOL II mDnNUeey, ULUIAN, Uteueue! Ul. oieINSTRUCTIONS AND DEFINITIONS The following instructions and definitions shall apply herein: A. "Person" means any individual, partnership, firm, association, corporation or other government, legal or business entity. B. "Document" includes any written, recorded or graphic matter, however produced or reproduced, of every kind and regardless of where located, including but not limited to any summary, schedule, memorandum, note, statement, letter, telegram, inter-office communication, report, diary, desk or pocket calendar or notebook, day book, appointment book, pamphlet, periodical, work sheet, list, graph, chart, index, tape, record, partial or complete report of telephone or oral conversation, compilation, tabulation, study, analysis, transcript, minutes, data sheet, data processing card or tape, and all other memorials of any conversations, meetings and conferences by telephone or otherwise, and any other writing or recording which is in the possession, custody orcontrol of Defendant or Defendant's attorneys. The term "document" or "documents" shall also include all non-conforming copies of the above and the files in which said are maintained. C. "You" means Defendant, her agents, or other persons acting on behalf of Defendant. D. in each case where you are asked to identity or to state the identity of a document or where the answer to an Interrogatory refers to a document, state with respect to each such document: 1. the identity of the person who signed it, or over whose name it was issued; 2. the addressee or addresses; 3. the nature and substance of the document with sufficient particularity to enable the same to be identified; A tha data af tha danumant S. une Gave O1 ue GOCumen,5. the identity and address of each person who has custody of the document or a copy thereof; and 6. ifsuch document is no longer within your custody or control, state whether it is: a. missing or lost, has been destroyed, has been transferred voluntarily or involuntarily to others, and has been otherwise disposed of; and b, the circumstances surrounding and authorization for such disposition. In lieu of the above, you may attach said documents to the answers to these Interrogatories, specifying in your answer which documents are attached in answer thereto. E. In each case where you are required to identify an oral communication, or where the answer to the Interrogatory refers to an oral communication or statement, state with respect thereto: 1. the date and place thereof; 2. the identity of each person who participated in or heard any part of the conversation; 3. if an individual, his business affiliation or employment at the date of the transaction, event, or matter referred to; and 4. if corporation or association, the business activity in which it was engaged at the date of the transaction, event or matter referred to. F. If you cannot answer a particular interrogatory in full, after exercising due diligence to secure the information to do so, state the answer to the extent possible, specifying your inability to answer the remainder and stating whatever information or knowledge you have concerning the unanswered portion.FIRST SET OF INTERROGATORIES TO RESPONDENT 1. Identify all persons who participated in the preparation of the responses to these interrogatories. 2. Please specifically state why you did not pay the loss described in the Petition, including any policy language that you assert supports your position, the person with most knowledge concerning each assertion and such person(s) address and phone number.3. List the names, addresses, and official positional relationship with the Respondent, if any, who are believed or known by you, your agents, or your attorneys to have any knowledge concerning any of the issues in this lawsuit, and specify the subject matter about which the witness has knowledge.4. Identify and describe each document known to Respondent which is related to the Petitioner’ account and/or policy. As to each affirmative defense raised in your answer filed in this action, please state the name and address of each person who has personal knowledge of the facts upon which you base the affirmative defense, setting forth which specific affirmative defense that person has knowledge and describing in as much detail as possible the facts known by said person. Do you agree with Petitioner’s contention that their loss happened as a result of an ACCIDENTAL WATER DISCHARGE from their plumbing system? If not, please state your contention as to the cause of Petitioner’ loss, how the same is not accidental, and why you have not extended coverage to remove and/or replace Petitioner’s broken pipe or the ensuing water damage. For each such fact supporting aa De of knowledge of said individual with Ienowledge supporting such fact(s).Please state whether the Respondent has evaluated the damages caused by the subject ACCIDENTAL WATER DISCHARGE CLAIM, and if so, please state with specificity who performed the evaluation and/or estimate; when said evaluation or estimate was performed; and the amount of damages the Respondent agrees were caused by the subject ACCIDENTAL WATER DISCHARGE CLAIM, outlining the basis for same. Please identify all written policies, manuals or written communications setting forth company practices, procedures or policies regarding the handling of ACCIDENTAL WATER DISCHARGE CLAIMS. Please identify the document(s) with sufficient particularity to enable the Petitioner to propound a Request for Production accordingly.10. Please provide a detailed description of the particular procedure or investigation that was pursued to evaluate and process the Petitioner’s claim which is the basis of this iawsuit. Was this procedure and/or investigation described in response to the preceding interrogatory normal or unusual? If the procedure or investigation was not normal or usual, please explain in what respect this procedure and/or investigation concerning the Petitioner(s)’ claim deviated from the normal or usual procedure and/or investigation.ll. 13. Please describe the experience, training and educational background of each person who investigated, evaluated, managed and/or reviewed or otherwise handled Petitioner’s claim, or rendered any written or oral report regarding the claim. If the Petitioner’s claim was reviewed by the regional and/or home office, identify each person in that office who reviewed the file, that person’s supervisor, all writings or other evidence of communication to and from that office regarding the handling of the Petitioner’s claim. Please state the (A) name, (B) professional address, (C) home address, (D) profession/occupation, (E) specialty field, (F) all qualifications enabling him/her to render an opinion in this cause, (G) the subject matter he/she is expected to testify on, and (H) any and all opinions he/she has rendered in regard to the subject matter of this litigation outlining each fact or facts determined the substance of the facts relied upon and a summary of grounds of each opinion, of each person who may or is expected by you, your attorney or any representative of yours, to testify as an expert witness during trial of this matter.14. 15. Please state whether the expert rendered any report to you with regard to the subject matter of this litigation and if so, sufficiently describe the reports so that the Petitioner can propound a request for Production for same. If you contend that ACCIDENTAL WATER DISCHARGE CLAIM referenced in the petition, February 4, 2021, occurred on a different date other than the one referenced or you contend that the claim occurred on another particular date so as to be ongoing and thereby repeatedly seeping and leaking into Petitioner’s property, please provide the date(s) in which such repeated seepage and leakage occurred and specify the damage caused on each such date. For each such fact supporting the foregoing response, provide the name, address, telephone number and substance of knowledge of said individual with knowledge supporting such fact(s).CASTLE KEY INSURANCE COMPANY BY: STATE OF FLORIDA ) COUNTY OF ) BEFORE ME, the undersigned authority, personally appeared 7 personally known to me or who produced identification (Type of ID produced ).who, by me, being first duly sworn, states that he/she executed the foregoing answers to interrogatories and that they are trne and earract ta the hect af hic/her knawledae and helief GG ular UIC GE WUe UHH COMSCL tO UIE CLG OF UGH ROU WING Ge Gk CCN. SWORN TO AND SUBSCRIBED before me this day of. , 2021. My commission expires: