Preview
Filing # 133643995 E-Filed 08/30/2021 11:37:50 AM
IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA.
GENERAL JURISDICTION DIVISION
CASE NO. 2021-CA-004849
DANIELA PASTORE and IVO
TEIXEIRA,
Plaintiffs,
v.
PROGRESSIVE PROPERTY
INSURANCE COMPANY F/K/A ARK
ROYAL INSURANCE, a Florida
corporation,
Defendant.
NOTICE OF TAKING VIDEO TAPED DEPOSITION DUCES TECUM
(This deposition was unilaterally set.)
To: Joseph G. Murasko, Esq.
Attorney for Progressive Property Insurance Company fik/a Ark Royal Insurance
3230 W. Commercial Blvd., Suite 400, Fort Lauderdale, FL 33309
PLEASE TAKE NOTICE that the undersigned iaw firm wiil take the deposition of:
Deponent: Progressive Property Insurance Company f/k/a Ark Royal Insurance
— Corporate Representative
Date & Time: Friday, 01/14/2022 at 10:00 AM EST
Location: Via Zoom Videoconference
Upon oral examinaiion before ihe above lisied couri reporter, Reporting Service, Notary
Public, or any other Notary Public or other officer authorized by law to take depositions in the
State of Florida. The oral examinations will continue from day to day until completed. The
depositions are being taken for the purpose of discovery, for use at trial, or for such other
purposes as are permitted under Florida Rules of Civil Procedure 1.280, 1.310, 1.350, 1.360,
1,380, 1.390, and 1.410.
The attached Schedule “A” outlines the matters on which the examination of
Progressive Property Insurance Company f/k/a Ark Royal Insurance is requested.
File Ref,: 12260 - Notice of Taking Deposition Duces Tecum Page 1 of 5
CHEN. DAIAARCACUAAIINTY Cl INGEDU ARDIIV7ZN FLED nalfninnns 44.97-60 ANA
Pm. PAL DLA VUUINE TT, FL, JUOL IE mDNueey, ULLIAN, YuoroUZue! tor. mieThe attached Schedule “B” outlines what Progressive Property Insurance Company
f/k/a Ark Royal Insurance is to provide to Plaintiffs’ Counsel (via email, facsimile, regular
mail, express mail, or personal delivery) AT LEAST five (5) days PRIOR to appearing at
his/her/its respective deposition; on or by 5:00 pm on 01/09/2022.
If you are a person with a disability who needs any accommodation in order to participate
in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance.
Please contact Germaine English, Americans with Disabilities Act Coordinator, Palm Beach
County Courthouse, 205 North Dixie Highway, West Palm Beach, Florida 33401; telephone
number (561) 355-4380 at least 7 days before your scheduled court appearance, or immediately
upon receiving this notification if the time before the scheduled appearance is less than 7 days; if
you are hearing or voice impaired, call 711.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on August 30, 2021, a true and correct copy of the foregoing
was emailed to: Joseph G. Murasko, PGRHomeFtLauderdale@progressive.com;
jmurask1@progressive.com; .
Respectfully submitted,
/s/ Shamieka Caroiine Joy Donawa
Florida Professional Law Group, PLLC
Shamieka Caroline Joy Donawa, Esq.
Florida Bar No. 125526
4600 Sheridan St., Suite 303
Hollywood, FL 33021
Tel. (954) 284-0900
(EAN AOA NAAN
rax. (II4) LO4-U 141
E-mail: cdonawa@flplg.com
E-mail: eservice@flplg.com
Attorneys for Plaintiffs,Daniela Pastore and Ivo
Teixeira
File Ref.: 12260 — Notice of Taking Deposition Duces Tecum Page 2 of 5SCHEDULE “A”
Plaintiffs are requesting the examination of Progressive Property Insurance Company f/k/a
Ark Royal Insurance on the following matters!:
1. All facts and circumstances surrounding the application for insurance on the subject
Property;
2. All facts and circumstances surrounding the underwriting of Policy number ARK60449
(the SDaliaw\-
quic “1 O1icy 9;
3. All facts and circumstances surrounding the condition of the Property at the time the
Policy was issued;
4. All facts and circumstances surrounding the notification of claim # 793040-201007 (the
“Claim”);
5. All facts and circumstances surrounding the investigation of the Claim;
the person(s) involved in adjusting the subject Claim;
All facts and circumstances surrounding the determination for coverage or under-
deductible denial of the Claim;
8. All inspections conducted on Defendant's behalf at the Property (the “Inspections”)
located at 12347 Clearfalls Dr, Boca Raton, FL, 33428-4846 (the “Property”);
9. All co
, x
Plaintiff's Tepresentatives and (ii) Defendant o or Defendant’s 8 representatives:
esnondence or com
10. All correspondence or communications regarding the subject Policy, between (i) Plaintiff
or Plaintiffs representatives and (ii) Defendant or Defendant’s representatives;
11. All information gathered by Defendant in regards to the Claim, including, but not limited
to, witness statements, photographs, videos, reports, invoices, and estimates;
10 ATL infin,
a2. uu L106)
wn natharad bir Nafandant
Bauieiea oy weicnuane Zour Tor
limited to, witness statements, photographs, videos, reports, invoices, and estimates;
13. All Defendant’s affirmative defenses and the factual basis in support thereof;
14. All Defendant’s responses to: Plaintiffs' Interrogatories, Request for Production, and
Request for Admissions;
15. All policy exclusions asserted by Defendant;
16. Under-Deductible Denial Letter dated September 29, 2020; and
17. All circumstances surrounding Defendant’s anticipation of litigation.
1 See Fla. R. Civ. P., Rule 1.310(b)(6); Plaintiff is NOT requesting that Defendant produce these documents.
File Ref.: 12260 — Notice of Taking Deposition Duces Tecum Page 3 of 5SCHEDULE “B”
Documents to Bring:
1. All documents showing Plaintiffs’ reporting of the claim.
2. All documents showing the investigation of the claim prior to Defendant issuing any coverage
determination or denial in part or whole.
3. All documents evidencing correspondence between Defendant and any Plaintiff(s).
4. All documents evidencing correspondence, agreements, or writings of any kind between
Defendant and anyone (other than legal counsel) relating to any Plaintiff(s) or this claim.
5. All estimates prepared by or on behalf of Defendant that are in any way related to Plaintiffs’
Claim.
6. All photographs and/or videos relating to the Insured Property or your investigation.
7. All signed sworn proofs of loss submitted by any Insured(s) to Defendant regarding the Loss.
8. All documents supporting or pertaining to Defendant's affirmative defenses or Notice of
Taking Deposition Duces Tecum Page 6 of 7 that otherwise support Defendant's reasons for
denying payment to Plaintiffs.
9. All documents showing the investigation of the claim after Defendant issued any denial in part
or whole.
10. All documents Defendant provided to the person(s) who investigated, adjusted, or otherwise
evaluated Plaintiffs' Claim.
11. All underwriting documents in any way relating to the condition of the Insured Property
before the date of loss.
12. All correspondence and documents between Defendant and any third party/parties, excluding
Defendant's attorney, in any way related to (1) the condition of the Insured Property before the
Loss; or (2) the damage to the Insured Property sustained during the Loss.
13. All documents showing or pertaining to any repairs made to the Insured Property following
the Loss.
14. All recorded statements regarding the Loss given or provided by anyone besides
the insureds. This request seeks a copy of the recording itself, not Defendant's transcript of the
recorded statement.
15. All transcripts of any recorded statements or Examinations Under Oath regarding the Loss.
16. All building permits and all other records obtained from the county or other municipality,
applicable to the Insured Property covering a five-year span prior to the Date of Loss. (If
File Ref.: 12260 — Notice of Taking Deposition Duces Tecum Page 4 of 5Defendant has documents responsive to this request that go back farther than five years before
the date of loss that Defendant contends are relevant to Defendant's coverage determination
regarding Insureds' Claim, Defendant is requested to produce those as well.).
17. All documents evidencing any payments made by Defendant to any Insured(s), for the
Insureds ' benefit, involving a prior claim made by any Insured(s), and/or related to prior damage
sustained by any Insured(s) involving the Insured Property.
18. 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 litigation was first anticipated by Defendant, regarding Plaintiffs’ Claim.
19. All activity logs, diaries, claim notes, or log notes created by any adjuster; third party/parties;
or claim representative, manager, or supervisor of Defendant during the adjustment of the
Tnsureds' 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.
20. All reports prepared by or on behalf of Defendant and in any way related to Notice of Taking
Deposition Duces Tecum Page 7 of 7 Defendant's investigation, evaluation, and/or handling of
Plaintiffs’ Claim.
21. All damage estimates, reports, or memoranda made by Defendant's adjuster(s) regarding the
extent of damage of Plaintiffs' Claim.
23. A certified copy of the policy of insurance in effect on the Date of Loss.
23. All property damage inventories, estimates, or reports prepared and/or received by
Defendant, as well as all documents, statements, notes, measurements, test results, and/or related
materials relied upon by Defendant in reaching Defendant's conclusion to deny Plaintiffs' Claim.
24. All service agreements between Defendant and any third-party vendor(s) who reviewed
and/or assisted with Plaintiffs' Claim.
25. All communications between Defendant and any third-party vendor(s) who reviewed and/or
assisted with Plaintiffs' Claim.
26. All documents Defendant will rely on in testifying to the areas of inquiry listed in Schedule
"A" during Defendant's corporate representative's deposition.
File Ref.: 12260 — Notice of Taking Deposition Duces Tecum Page 5 of 5
Preview
Filing # 133643995 E-Filed 08/30/2021 11:37:50 AM IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA. GENERAL JURISDICTION DIVISION CASE NO. 2021-CA-004849 DANIELA PASTORE and IVO TEIXEIRA, Plaintiffs, v. PROGRESSIVE PROPERTY INSURANCE COMPANY F/K/A ARK ROYAL INSURANCE, a Florida corporation, Defendant. NOTICE OF TAKING VIDEO TAPED DEPOSITION DUCES TECUM (This deposition was unilaterally set.) To: Joseph G. Murasko, Esq. Attorney for Progressive Property Insurance Company fik/a Ark Royal Insurance 3230 W. Commercial Blvd., Suite 400, Fort Lauderdale, FL 33309 PLEASE TAKE NOTICE that the undersigned iaw firm wiil take the deposition of: Deponent: Progressive Property Insurance Company f/k/a Ark Royal Insurance — Corporate Representative Date & Time: Friday, 01/14/2022 at 10:00 AM EST Location: Via Zoom Videoconference Upon oral examinaiion before ihe above lisied couri reporter, Reporting Service, Notary Public, or any other Notary Public or other officer authorized by law to take depositions in the State of Florida. The oral examinations will continue from day to day until completed. The depositions are being taken for the purpose of discovery, for use at trial, or for such other purposes as are permitted under Florida Rules of Civil Procedure 1.280, 1.310, 1.350, 1.360, 1,380, 1.390, and 1.410. The attached Schedule “A” outlines the matters on which the examination of Progressive Property Insurance Company f/k/a Ark Royal Insurance is requested. File Ref,: 12260 - Notice of Taking Deposition Duces Tecum Page 1 of 5 CHEN. DAIAARCACUAAIINTY Cl INGEDU ARDIIV7ZN FLED nalfninnns 44.97-60 ANA Pm. PAL DLA VUUINE TT, FL, JUOL IE mDNueey, ULLIAN, YuoroUZue! tor. mieThe attached Schedule “B” outlines what Progressive Property Insurance Company f/k/a Ark Royal Insurance is to provide to Plaintiffs’ Counsel (via email, facsimile, regular mail, express mail, or personal delivery) AT LEAST five (5) days PRIOR to appearing at his/her/its respective deposition; on or by 5:00 pm on 01/09/2022. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact Germaine English, Americans with Disabilities Act Coordinator, Palm Beach County Courthouse, 205 North Dixie Highway, West Palm Beach, Florida 33401; telephone number (561) 355-4380 at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on August 30, 2021, a true and correct copy of the foregoing was emailed to: Joseph G. Murasko, PGRHomeFtLauderdale@progressive.com; jmurask1@progressive.com; . Respectfully submitted, /s/ Shamieka Caroiine Joy Donawa Florida Professional Law Group, PLLC Shamieka Caroline Joy Donawa, Esq. Florida Bar No. 125526 4600 Sheridan St., Suite 303 Hollywood, FL 33021 Tel. (954) 284-0900 (EAN AOA NAAN rax. (II4) LO4-U 141 E-mail: cdonawa@flplg.com E-mail: eservice@flplg.com Attorneys for Plaintiffs,Daniela Pastore and Ivo Teixeira File Ref.: 12260 — Notice of Taking Deposition Duces Tecum Page 2 of 5SCHEDULE “A” Plaintiffs are requesting the examination of Progressive Property Insurance Company f/k/a Ark Royal Insurance on the following matters!: 1. All facts and circumstances surrounding the application for insurance on the subject Property; 2. All facts and circumstances surrounding the underwriting of Policy number ARK60449 (the SDaliaw\- quic “1 O1icy 9; 3. All facts and circumstances surrounding the condition of the Property at the time the Policy was issued; 4. All facts and circumstances surrounding the notification of claim # 793040-201007 (the “Claim”); 5. All facts and circumstances surrounding the investigation of the Claim; the person(s) involved in adjusting the subject Claim; All facts and circumstances surrounding the determination for coverage or under- deductible denial of the Claim; 8. All inspections conducted on Defendant's behalf at the Property (the “Inspections”) located at 12347 Clearfalls Dr, Boca Raton, FL, 33428-4846 (the “Property”); 9. All co , x Plaintiff's Tepresentatives and (ii) Defendant o or Defendant’s 8 representatives: esnondence or com 10. All correspondence or communications regarding the subject Policy, between (i) Plaintiff or Plaintiffs representatives and (ii) Defendant or Defendant’s representatives; 11. All information gathered by Defendant in regards to the Claim, including, but not limited to, witness statements, photographs, videos, reports, invoices, and estimates; 10 ATL infin, a2. uu L106) wn natharad bir Nafandant Bauieiea oy weicnuane Zour Tor limited to, witness statements, photographs, videos, reports, invoices, and estimates; 13. All Defendant’s affirmative defenses and the factual basis in support thereof; 14. All Defendant’s responses to: Plaintiffs' Interrogatories, Request for Production, and Request for Admissions; 15. All policy exclusions asserted by Defendant; 16. Under-Deductible Denial Letter dated September 29, 2020; and 17. All circumstances surrounding Defendant’s anticipation of litigation. 1 See Fla. R. Civ. P., Rule 1.310(b)(6); Plaintiff is NOT requesting that Defendant produce these documents. File Ref.: 12260 — Notice of Taking Deposition Duces Tecum Page 3 of 5SCHEDULE “B” Documents to Bring: 1. All documents showing Plaintiffs’ reporting of the claim. 2. All documents showing the investigation of the claim prior to Defendant issuing any coverage determination or denial in part or whole. 3. All documents evidencing correspondence between Defendant and any Plaintiff(s). 4. All documents evidencing correspondence, agreements, or writings of any kind between Defendant and anyone (other than legal counsel) relating to any Plaintiff(s) or this claim. 5. All estimates prepared by or on behalf of Defendant that are in any way related to Plaintiffs’ Claim. 6. All photographs and/or videos relating to the Insured Property or your investigation. 7. All signed sworn proofs of loss submitted by any Insured(s) to Defendant regarding the Loss. 8. All documents supporting or pertaining to Defendant's affirmative defenses or Notice of Taking Deposition Duces Tecum Page 6 of 7 that otherwise support Defendant's reasons for denying payment to Plaintiffs. 9. All documents showing the investigation of the claim after Defendant issued any denial in part or whole. 10. All documents Defendant provided to the person(s) who investigated, adjusted, or otherwise evaluated Plaintiffs' Claim. 11. All underwriting documents in any way relating to the condition of the Insured Property before the date of loss. 12. All correspondence and documents between Defendant and any third party/parties, excluding Defendant's attorney, in any way related to (1) the condition of the Insured Property before the Loss; or (2) the damage to the Insured Property sustained during the Loss. 13. All documents showing or pertaining to any repairs made to the Insured Property following the Loss. 14. All recorded statements regarding the Loss given or provided by anyone besides the insureds. This request seeks a copy of the recording itself, not Defendant's transcript of the recorded statement. 15. All transcripts of any recorded statements or Examinations Under Oath regarding the Loss. 16. All building permits and all other records obtained from the county or other municipality, applicable to the Insured Property covering a five-year span prior to the Date of Loss. (If File Ref.: 12260 — Notice of Taking Deposition Duces Tecum Page 4 of 5Defendant has documents responsive to this request that go back farther than five years before the date of loss that Defendant contends are relevant to Defendant's coverage determination regarding Insureds' Claim, Defendant is requested to produce those as well.). 17. All documents evidencing any payments made by Defendant to any Insured(s), for the Insureds ' benefit, involving a prior claim made by any Insured(s), and/or related to prior damage sustained by any Insured(s) involving the Insured Property. 18. 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 litigation was first anticipated by Defendant, regarding Plaintiffs’ Claim. 19. All activity logs, diaries, claim notes, or log notes created by any adjuster; third party/parties; or claim representative, manager, or supervisor of Defendant during the adjustment of the Tnsureds' 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. 20. All reports prepared by or on behalf of Defendant and in any way related to Notice of Taking Deposition Duces Tecum Page 7 of 7 Defendant's investigation, evaluation, and/or handling of Plaintiffs’ Claim. 21. All damage estimates, reports, or memoranda made by Defendant's adjuster(s) regarding the extent of damage of Plaintiffs' Claim. 23. A certified copy of the policy of insurance in effect on the Date of Loss. 23. All property damage inventories, estimates, or reports prepared and/or received by Defendant, as well as all documents, statements, notes, measurements, test results, and/or related materials relied upon by Defendant in reaching Defendant's conclusion to deny Plaintiffs' Claim. 24. All service agreements between Defendant and any third-party vendor(s) who reviewed and/or assisted with Plaintiffs' Claim. 25. All communications between Defendant and any third-party vendor(s) who reviewed and/or assisted with Plaintiffs' Claim. 26. All documents Defendant will rely on in testifying to the areas of inquiry listed in Schedule "A" during Defendant's corporate representative's deposition. File Ref.: 12260 — Notice of Taking Deposition Duces Tecum Page 5 of 5