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Filing # 145748524 E-Filed 03/15/2022 02:43:37 PM
IN THE CIRCUIT COURT OF THE 15TH
JUDICIAL CIRCUIT IN AND FOR PALM
BEACH COUNTY, FLORIDA
CASE NO.: 2021-CA-004903
EARLENE BASSIE,
Plaintiff,
Vv.
CITIZENS PROPERTY INSURANCE
CORPORATION,
Defendant.
/
DEFENDANT’S RESPONSE TO PLAINTIFF’S REQUEST TO PRODUCE
COMES NOW, Defendant, CITIZENS PROPERTY INSURANCE
CORPORATION, by and through undersigned counsel and pursuant to Florida Rule of
Civil Procedure 1.350, hereby responds to Plaintiff's Request to Produce and would state
as follows:
1. A true and correct certified copy of any insurance policy provided by the Defendant
to the Plaintiff for the subject property, for which this lawsuit is premised, including
but not limited to, declaration sheet(s), all addendums and attachments. Please
include the sworn statement or coverage pages signed by a corporate officer
attesting to the coverage and authenticity of the policies
Response: Attached.
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: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 03/15/2022 02:43:37 PM ***CASE NO.: 2021-CA-004903
2. A copy of all applications of insurance (including initial and renewal) submitted by
and/or on behalf of the Plaintiff for insurance coverage at the subject property.
Response: Attached.
3. Each and every timesheet, log, and all other documents reflecting time spent by
the Defendant (and its agents and representatives) at the subject property after
notification or the subject loss.
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.
Defendant also objects to the extent that this requests seeks bad faith
discovery not permissible in a first party property breach of contract action.
4. Each and every document evidencing the name, address, and the
position/relationship with the Defendant, of every individual who has visited or
plans to visit the Property on behalf of the 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 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.
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 FAXCASE NO.: 2021-CA-004903
5. Any and all correspondence or written communications from the Defendant (and
its agent, and representatives) to the Plaintiff, which in any manner pertains to the
Plaintiffs loss as described in the Complaint.
Response: Attached.
6. Any and all correspondence or written communications from the Defendant (and
its agents and representatives) to any non-parties, which in any manner pertains
to the Plaintiffs loss as described in the Complaint.
Response: Objection, overbroad, irrelevant and not reasonably calculated to
lead to the discovery of admissible evidence. Objection to the extent that the
information sought is protected as part of an insurer’s claim file.
7. Any and all photographs (the jpegs or actual digital images downloaded from the
digital camera with all original metadata intact), videos, drawings, or sketches of
the subject property taken or prepared by or on behalf of the Defendant or its agent
or representatives.
Response: Objection, overbroad, irrelevant and not reasonably calculated to
lead to the discovery of admissible evidence. Objection to the extent that the
information sought is protected as part of an insurer’s claim file. Without
waiving said objections, see redacted photos, attached.
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 FAXCASE NO.: 2021-CA-004903
8. All documents containing information regarding a statement by the Plaintiff at any
time during the Defendant's handling of the Plaintiff's loss, including adjuster notes,
claim reports, interoffice memorandum, tape recordings, and any transcripts or
written statements from the Insured.
Response: Not applicable. No recorded statement was taken.
9. Any and all bills, estimates for repairs to the subject property, or any other
documents submitted by Plaintiff and/or Plaintiffs representatives to the Defendant
or its agents and or representatives for the subject claim.
Response: Attached.
10.Any and all statements, whether written, oral or recorded, taken of the Plaintiff
and/or Plaintiff's agents, servants, employees, etc., in regard to the subject matter
of this litigation.
Response: None.
11.Any and all statements whether written, oral or recorded, taken of non-parties in
regard to the subject matter of this litigation.
Response: None.
12.Any and all estimates of damage prepared by Defendant and/or its agent/
representatives regarding the subject claim by the Plaintiff.
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 FAXCASE NO.: 2021-CA-004903
Response: Objection, overbroad, irrelevant and not reasonably calculated to
lead to the discovery of admissible evidence. Objection to the extent that the
information sought is protected as part of an insurer’s claim file.
13. Any and all reports and/or other documents prepared by any expert retained in this
matter on behalf of the Defendant, including but not limited to any such documents
upon which Defendant relied as a basis for payment and/or denial or the subject
claim loss or in exercising its right to repair.
Response: Objection, overbroad, irrelevant and not reasonably calculated to
lead to the discovery of admissible evidence. Objection to the extent that the
information sought is protected as part of an insurer’s claim file. Further
This request is premature as this case is not set for trial.
14.A copy of any and all reports by any general contractor, engineer, roofer,
electrician, plumber, leak detector, or other company person retained by
Defendant to examine and/or evaluate any aspect of the Plaintiff's claim.
Response: None at this time.
15.Copies of any and all drafts/checks issued for payment of any aspect of the
Plaintiffs claim made by Defendant to anyone having performed any work on
Plaintiffs properly for this claim/loss.
Response: None.
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 FAXCASE NO.: 2021-CA-004903
16.All notations regarding Defendant's receipt of notice of the loss identified in the
Complaint including assignment of claim, computer print-out of notice, first notice
of loss report, report from agent or loss, or correspondence from the Plaintiff
named insured, and/or Plaintiffs' representative(s).
Response: Objection, overbroad, irrelevant and not reasonably calculated to
lead to the discovery of admissible evidence. Objection to the extent that the
information sought is protected as part of an insurer’s claim. See
correspondence to/from Plaintiff, attached.
17.All correspondence to or from anyone including any insurance agencies or any
agencies hired as adjusters to investigate the claim herein.
Response: Objection, overbroad, irrelevant and not reasonably calculated to
lead to the discovery of admissible evidence. Objection to the extent that the
information sought is protected as part of an insurer’s claim file.
18.Copies of each bill or estimate for repair to the dwelling submitted to you by
anyone.
Response: Objection, overbroad, irrelevant and not reasonably calculated to
lead to the discovery of admissible evidence. Objection to the extent that the
information sought is protected as part of an insurer’s claim file. Without
waiving said objections, see attached.
Page 6
COLE, SCOTT & KISSANE, P.A.
ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383-9200 - (561) 683-8977 FAXCASE NO.: 2021-CA-004903
19.Copies of any and all documents which Defendant relies on in determining and
concluding that the Plaintiff is not entitled to all benefits sought under the subject
policy for Plaintiff's claim.
Response: Objection, overbroad, irrelevant and not reasonably calculated to
lead to the discovery of admissible evidence. Objection to the extent that the
information sought is protected as part of an insurer’s claim file. Without
waiving said objections, see attached.
20. All inter-office memoranda or other form of written communication of any
employee of the Insurance Company relating to the continued processing of the
insurance claim made prior to the filing of the lawsuit.
Response: Objection, overbroad, irrelevant and not reasonably calculated to
lead to the discovery of admissible evidence. Objection to the extent that the
information sought is protected as part of an insurer’s claim file.
21. The underwriting file pertaining to the subject risk and the insurance policy to the
present time, including but not limited to the tile folder or tile folders themselves,
exhibit folder, all papers, documents and investigative reports directly pertaining to
the insurance policy, including but not limited to inter-office memoranda or those
pertaining to the above-mentioned insurance policy or any and all written
Page 7
COLE, SCOTT & KISSANE, P.A.
ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383-9200 - (561) 683-8977 FAXCASE NO.: 2021-CA-004903
communications or statements made between the Insurance Company and other
parties, which directly pertain to the insurance policy.
Response: Objection, overbroad, irrelevant and not reasonably calculated to
lead to the discovery of admissible evidence. Objection to the extent that the
information sought is protected as part of an insurer’s claim file. Without
waiving said objections, see attached.
22. All appraisals of loss or value of loss prepared by for, or on behalf of the Insurance
Company regarding the subject loss.
Response: None.
23.Copies of any diagrams, models, drawings, sketches, blueprints or any other
reproduction or the subject risk made before or after the subject loss.
Response: Objection, overbroad, irrelevant and not reasonably calculated to
lead to the discovery of admissible evidence. Objection to the extent that the
information sought is protected as part of an insurer’s claim file and/or work
product. Without waiving said objections, see redacted photos, attached.
24. Copies of any and all Proof of Loss forms with supporting documents, if any.
Response: Attached.
Page 8
COLE, SCOTT & KISSANE, P.A.
ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383-9200 - (561) 683-8977 FAXCASE NO.: 2021-CA-004903
25. The complete claims file pertaining to the insurance claim from the date of the loss
to the time of the filing of the lawsuit. If any portion of the claims file is withheld
under a claim of privilege, produce a detailed privilege log containing sufficient
information to identity each document or item withheld and the privilege claimed
with respect to each document or item withheld.
Response: Objection, overbroad, irrelevant and not reasonably calculated to
lead to the discovery of admissible evidence. Objection to the extent that the
information sought is protected as part of an insurer’s claim file and/or work
product. Without waiving said objections, see attached.
26. All documents relied upon by Defendant in any way to respond to Plaintiff's
interrogatories relating to Plaintiff's claim.
Response: Objection, overbroad, irrelevant and not reasonably calculated to
lead to the discovery of admissible evidence. Objection to the extent that the
information sought is protected as part of an insurer’s claim file. Without
waiving said objections, See attached.
27.All documents relied upon by Defendant in any way to respond to Plaintiffs request
for admissions relating to Plaintiff's claim.
Response: Objection, overbroad, irrelevant and not reasonably calculated to
lead to the discovery of admissible evidence. Objection to the extent that the
Page 9
COLE, SCOTT & KISSANE, P.A.
ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383-9200 - (561) 683-8977 FAXCASE NO.: 2021-CA-004903
information sought is protected as part of an insurer’s claim file. Without
waiving said objections, See attached.
28.Those documents which Defendant contends constitute an evidentiary basis to
support each one of its affirmative 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.
29.Any materials, documents, or tangible things obtained as the “agency file" or
agent's 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.
30.Any and all estimates, reports and/or payments issued by Defendant and/or its
representatives to Plaintiff and or their representatives regarding any and all
insurance claims made with the last ten (10) years.
Response: Objection, overbroad, irrelevant and not reasonably calculated to
lead to the discovery of admissible evidence. Defendant further objects as
Page 10
COLE, SCOTT & KISSANE, P.A.
ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383-9200 - (561) 683-8977 FAXCASE NO.: 2021-CA-004903
the information sought is protected as part of an insurer’s investigation and
claim file.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that on this 15th day of March, 2022, a true and correct copy
of the foregoing was filed with the Clerk of Palm Beach 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: Otto Berges, Esq., Alliance Law Firm,
oberges@alliancelawfirm.org;eservice@alliancelawfirm.org; 1665 Palm Beach Lakes
Blvd, Suite 1001, West Palm Beach, FL 33401, (561) 898-0351, Attorney for Plaintiff,
Earlene Bassie.
3228.6647-00
COLE, SCOTT & KISSANE, P.A.
Counsel for Defendant CITIZENS PROPERTY
INSURANCE CORPORATION
Esperante Building
222 Lakeview Avenue, Suite 120
West Palm Beach, Florida 33401
Telephone (561) 612-3452
Facsimile (561) 683-8977
Primary e-mail: stephen.harber@csklegal.com
Secondary e-mail: jacqueline. meyer@csklegal.com
Alternate e-mail: karen.martincavage@csklegal.com
Alternate e-mail: wpbfirstparty@csklegal.com
By: _s/ Jacqueline P. Meyer
STEPHEN HARBER
Florida Bar No.: 96374
JACQUELINE P. MEYER
Florida Bar No.: 1010785
Page 11
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 # 145748524 E-Filed 03/15/2022 02:43:37 PM IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 2021-CA-004903 EARLENE BASSIE, Plaintiff, Vv. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. / DEFENDANT’S RESPONSE TO PLAINTIFF’S REQUEST TO PRODUCE COMES NOW, Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, by and through undersigned counsel and pursuant to Florida Rule of Civil Procedure 1.350, hereby responds to Plaintiff's Request to Produce and would state as follows: 1. A true and correct certified copy of any insurance policy provided by the Defendant to the Plaintiff for the subject property, for which this lawsuit is premised, including but not limited to, declaration sheet(s), all addendums and attachments. Please include the sworn statement or coverage pages signed by a corporate officer attesting to the coverage and authenticity of the policies Response: Attached. 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: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 03/15/2022 02:43:37 PM ***CASE NO.: 2021-CA-004903 2. A copy of all applications of insurance (including initial and renewal) submitted by and/or on behalf of the Plaintiff for insurance coverage at the subject property. Response: Attached. 3. Each and every timesheet, log, and all other documents reflecting time spent by the Defendant (and its agents and representatives) at the subject property after notification or the subject loss. 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. Defendant also objects to the extent that this requests seeks bad faith discovery not permissible in a first party property breach of contract action. 4. Each and every document evidencing the name, address, and the position/relationship with the Defendant, of every individual who has visited or plans to visit the Property on behalf of the 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 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. 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 FAXCASE NO.: 2021-CA-004903 5. Any and all correspondence or written communications from the Defendant (and its agent, and representatives) to the Plaintiff, which in any manner pertains to the Plaintiffs loss as described in the Complaint. Response: Attached. 6. Any and all correspondence or written communications from the Defendant (and its agents and representatives) to any non-parties, which in any manner pertains to the Plaintiffs loss as described in the Complaint. Response: Objection, overbroad, irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. Objection to the extent that the information sought is protected as part of an insurer’s claim file. 7. Any and all photographs (the jpegs or actual digital images downloaded from the digital camera with all original metadata intact), videos, drawings, or sketches of the subject property taken or prepared by or on behalf of the Defendant or its agent or representatives. Response: Objection, overbroad, irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. Objection to the extent that the information sought is protected as part of an insurer’s claim file. Without waiving said objections, see redacted photos, attached. 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 FAXCASE NO.: 2021-CA-004903 8. All documents containing information regarding a statement by the Plaintiff at any time during the Defendant's handling of the Plaintiff's loss, including adjuster notes, claim reports, interoffice memorandum, tape recordings, and any transcripts or written statements from the Insured. Response: Not applicable. No recorded statement was taken. 9. Any and all bills, estimates for repairs to the subject property, or any other documents submitted by Plaintiff and/or Plaintiffs representatives to the Defendant or its agents and or representatives for the subject claim. Response: Attached. 10.Any and all statements, whether written, oral or recorded, taken of the Plaintiff and/or Plaintiff's agents, servants, employees, etc., in regard to the subject matter of this litigation. Response: None. 11.Any and all statements whether written, oral or recorded, taken of non-parties in regard to the subject matter of this litigation. Response: None. 12.Any and all estimates of damage prepared by Defendant and/or its agent/ representatives regarding the subject claim by the Plaintiff. 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 FAXCASE NO.: 2021-CA-004903 Response: Objection, overbroad, irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. Objection to the extent that the information sought is protected as part of an insurer’s claim file. 13. Any and all reports and/or other documents prepared by any expert retained in this matter on behalf of the Defendant, including but not limited to any such documents upon which Defendant relied as a basis for payment and/or denial or the subject claim loss or in exercising its right to repair. Response: Objection, overbroad, irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. Objection to the extent that the information sought is protected as part of an insurer’s claim file. Further This request is premature as this case is not set for trial. 14.A copy of any and all reports by any general contractor, engineer, roofer, electrician, plumber, leak detector, or other company person retained by Defendant to examine and/or evaluate any aspect of the Plaintiff's claim. Response: None at this time. 15.Copies of any and all drafts/checks issued for payment of any aspect of the Plaintiffs claim made by Defendant to anyone having performed any work on Plaintiffs properly for this claim/loss. Response: None. 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 FAXCASE NO.: 2021-CA-004903 16.All notations regarding Defendant's receipt of notice of the loss identified in the Complaint including assignment of claim, computer print-out of notice, first notice of loss report, report from agent or loss, or correspondence from the Plaintiff named insured, and/or Plaintiffs' representative(s). Response: Objection, overbroad, irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. Objection to the extent that the information sought is protected as part of an insurer’s claim. See correspondence to/from Plaintiff, attached. 17.All correspondence to or from anyone including any insurance agencies or any agencies hired as adjusters to investigate the claim herein. Response: Objection, overbroad, irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. Objection to the extent that the information sought is protected as part of an insurer’s claim file. 18.Copies of each bill or estimate for repair to the dwelling submitted to you by anyone. Response: Objection, overbroad, irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. Objection to the extent that the information sought is protected as part of an insurer’s claim file. Without waiving said objections, see attached. Page 6 COLE, SCOTT & KISSANE, P.A. ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383-9200 - (561) 683-8977 FAXCASE NO.: 2021-CA-004903 19.Copies of any and all documents which Defendant relies on in determining and concluding that the Plaintiff is not entitled to all benefits sought under the subject policy for Plaintiff's claim. Response: Objection, overbroad, irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. Objection to the extent that the information sought is protected as part of an insurer’s claim file. Without waiving said objections, see attached. 20. All inter-office memoranda or other form of written communication of any employee of the Insurance Company relating to the continued processing of the insurance claim made prior to the filing of the lawsuit. Response: Objection, overbroad, irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. Objection to the extent that the information sought is protected as part of an insurer’s claim file. 21. The underwriting file pertaining to the subject risk and the insurance policy to the present time, including but not limited to the tile folder or tile folders themselves, exhibit folder, all papers, documents and investigative reports directly pertaining to the insurance policy, including but not limited to inter-office memoranda or those pertaining to the above-mentioned insurance policy or any and all written Page 7 COLE, SCOTT & KISSANE, P.A. ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383-9200 - (561) 683-8977 FAXCASE NO.: 2021-CA-004903 communications or statements made between the Insurance Company and other parties, which directly pertain to the insurance policy. Response: Objection, overbroad, irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. Objection to the extent that the information sought is protected as part of an insurer’s claim file. Without waiving said objections, see attached. 22. All appraisals of loss or value of loss prepared by for, or on behalf of the Insurance Company regarding the subject loss. Response: None. 23.Copies of any diagrams, models, drawings, sketches, blueprints or any other reproduction or the subject risk made before or after the subject loss. Response: Objection, overbroad, irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. Objection to the extent that the information sought is protected as part of an insurer’s claim file and/or work product. Without waiving said objections, see redacted photos, attached. 24. Copies of any and all Proof of Loss forms with supporting documents, if any. Response: Attached. Page 8 COLE, SCOTT & KISSANE, P.A. ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383-9200 - (561) 683-8977 FAXCASE NO.: 2021-CA-004903 25. The complete claims file pertaining to the insurance claim from the date of the loss to the time of the filing of the lawsuit. If any portion of the claims file is withheld under a claim of privilege, produce a detailed privilege log containing sufficient information to identity each document or item withheld and the privilege claimed with respect to each document or item withheld. Response: Objection, overbroad, irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. Objection to the extent that the information sought is protected as part of an insurer’s claim file and/or work product. Without waiving said objections, see attached. 26. All documents relied upon by Defendant in any way to respond to Plaintiff's interrogatories relating to Plaintiff's claim. Response: Objection, overbroad, irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. Objection to the extent that the information sought is protected as part of an insurer’s claim file. Without waiving said objections, See attached. 27.All documents relied upon by Defendant in any way to respond to Plaintiffs request for admissions relating to Plaintiff's claim. Response: Objection, overbroad, irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. Objection to the extent that the Page 9 COLE, SCOTT & KISSANE, P.A. ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383-9200 - (561) 683-8977 FAXCASE NO.: 2021-CA-004903 information sought is protected as part of an insurer’s claim file. Without waiving said objections, See attached. 28.Those documents which Defendant contends constitute an evidentiary basis to support each one of its affirmative 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. 29.Any materials, documents, or tangible things obtained as the “agency file" or agent's 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. 30.Any and all estimates, reports and/or payments issued by Defendant and/or its representatives to Plaintiff and or their representatives regarding any and all insurance claims made with the last ten (10) years. Response: Objection, overbroad, irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. Defendant further objects as Page 10 COLE, SCOTT & KISSANE, P.A. ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383-9200 - (561) 683-8977 FAXCASE NO.: 2021-CA-004903 the information sought is protected as part of an insurer’s investigation and claim file. CERTIFICATE OF SERVICE | HEREBY CERTIFY that on this 15th day of March, 2022, a true and correct copy of the foregoing was filed with the Clerk of Palm Beach 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: Otto Berges, Esq., Alliance Law Firm, oberges@alliancelawfirm.org;eservice@alliancelawfirm.org; 1665 Palm Beach Lakes Blvd, Suite 1001, West Palm Beach, FL 33401, (561) 898-0351, Attorney for Plaintiff, Earlene Bassie. 3228.6647-00 COLE, SCOTT & KISSANE, P.A. Counsel for Defendant CITIZENS PROPERTY INSURANCE CORPORATION Esperante Building 222 Lakeview Avenue, Suite 120 West Palm Beach, Florida 33401 Telephone (561) 612-3452 Facsimile (561) 683-8977 Primary e-mail: stephen.harber@csklegal.com Secondary e-mail: jacqueline. meyer@csklegal.com Alternate e-mail: karen.martincavage@csklegal.com Alternate e-mail: wpbfirstparty@csklegal.com By: _s/ Jacqueline P. Meyer STEPHEN HARBER Florida Bar No.: 96374 JACQUELINE P. MEYER Florida Bar No.: 1010785 Page 11 COLE, SCOTT & KISSANE, P.A. ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383-9200 - (561) 683-8977 FAX