Preview
Filing # 147913744 E-Filed 04/19/2022 09:27:57 AM
IN THE CIRCUIT COURT OF THE 15TH
JUDICIAL CIRCUIT IN AND FOR PALM
BEACH COUNTY, FLORIDA.
Case No.: 50-2021-CA-007831
LONNIE TOWNSEND,
Plaintiff,
Vv.
HOMEOWNERS CHOICE PROPERTY &
CASUALTY INSURANCE COMPANY,
INC.,
Defendant.
FEE EEE EEE EE EEE Ee
DEFENDANT’S MOTION FOR PROTECTIVE ORDER AND OBJECTIONS TO
PLAINTIFFS’ NOTICE OF TAKING DEPOSITION DUCES TECUM
COMES NOW, the Defendant, HOMEOWNERS CHOICE PROPERTY AND
CASUALTY INSURANCE COMPANY (“Defendant”), pursuant to Florida Rule of Civil
Procedure 1.280(c), and moves this Honorable Court to enter an Order limiting the scope
of Plaintiff's deposition of the Field Adjuster of Homeowners Choice Property And
Casualty Insurance Company and the production of privileged documents and states:
1. This is a breach of contract action stemming from a first-party property
homeowners’ insurance coverage dispute involving a claim made for an alleged plumbing
leak with a reported date of loss of April 3, 2021.
2. On January 5, 2022, Plaintiff filed a Notice of Taking Deposition Duces
Tecum, a true and correct copy of which is attached as Exhibit 1 (hereinafter referred to
as “Plaintiff's Notice”).
3. First, the Plaintiff does not detail the scope of the Field Adjuster’s deposition
Page 1 of 6
'** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 04/19/2022 09:27:57 AM ***CASE NO.: 50-2021-CA-007831
testimony. Plaintiff did not include any areas of inquiry in their notice of taking deposition.
4. Further, within the confines of the Notice of Deposition, the Plaintiff requests
the Field Adjuster to bring the following documents which the Defendant specifically
objects to:
EXHIBIT A
DOCUMENTS TO BE PRODUCED
1, All paper and electronic records conceming insurance Claim No. 911564.
including, but not limited to: commnmications of any kind to anyone
concerning damages of repairs/remediation work, which were subject to the
Insurance Claim,
2. All documents. including estimates. proposals. reports, invoices, receipts. and
copies of billing information for work performed at the Insured Property since
the Dates of Losses.
3. All documents, assessments, records, or reports provided to Homeowners
Choice Property and Casualty Insurance Company. Inc. or any of its
representatives, as part of Claim No. 911564
4. All photographs (color and black and white) videotapes. drawings. plans. or
any other type of visual representation of the Insured Property created since
the Dates of Losses.
5. Any documents that
identify the person or persons who performed any
assessments or reports regarding Claim No. 911564.
6 A copy of all your professional licenses.
7. Any other imformation/documentation contained in your file materials not
specifically identified herein relating to the Plaintiff and/or the Insured
Property,
See Exhibit 1 pp. 2.
5.1 tis apparent from the documents and testimony sought that Plaintiffs seek
to elicit testimony from the witness regarding documents associated with Defendant’s
claim handling, adjustment, or claims investigation, which are wholly irrelevant to a first
part lawsuit for insurance benefits.
6.R ule 1.280(b)(I)(1), Florida Rules of Civil Procedure provides in pertinent
part, “Parties may obtain discovery regarding any matter, not privileged that is relevant to
the subject matter of the pending action, whether it relates to the claim or defense of the
party seeking discovery or the claim or defense of any other party.”
7.F lorida law is well settled that an insurance company's claim file materials
Page 2 of 6CASE NO.: 50-2021-CA-007831
are irrelevant and premature until the issue of coverage and liability has been resolved.
See State Farm Fire & Cas. Co. v. Valido, 662 So. 2d 1012 (Fla. 3d DCA1995); Scottsdale
Ins. Co. v. Camara De Comercio Latino-Americana De Los Estados Unidos, Inc., 813 So.
2d 250 (Fla. 3d DCA 2002).
8. In this respect, Florida Courts have consistently held information relating to
an insurer's handling of a claim is not subject to discovery in an action seeking a
determination of insurance policy benefits. The reason is, such information is irrelevant
to the question of whether the policy obligates the insurance company to provide the
requested coverage or amount of damages. See, also, U.S. Fire Insurance Co. v.
Clearwater Oaks Bank, 421 So. 2d 783, 784 (Fla. 2d DCA 1982) (claims files, and thus
the information contained in the claims files, are not discoverable as irrelevant to the issue
of coverage or damages in a first-party claim for insurance benefits); State Farm Fire &
Casualty Co. v. Valido, 662 So. 2d 1012, 1013 (Fla. 3d DCA 1995) (insurer’s claims files,
manuals, guidelines and documents concerning its claim handling procedures are
irrelevant to first-party coverage disputes); State Farm Ins. Co. v. O’Hearn, 975 So. 2d
633 (Fla. 2d DCA 2008) (a party is not entitled to discovery of an insurer’s claim file or
documents relating to the insurer’s business policies or practices regarding the handling
of claims in an action for insurance benefits, until the insurer’s obligation to provide
coverage and damages have been established); State Farm Florida Ins. Co. v. Gallmon,
835 So. 2d 389 (Fla. 2d DCA 2003) (claims files, investigative reports, adjuster notes,
underwriting files, company policies and manuals, training manuals, certain personnel
files, sales brochures and marketing materials, computer manuals for operating internal
software and programs are irrelevant to first-party disputes or are privileged work
Page 3 of 6CASE NO.: 50-2021-CA-007831
product).
9. In addition to being irrelevant, these items to be produced are protected
under Florida law as work product. Permitting questions relating to same would
irreparably harm Defendant's as a matter of law. It is well established Florida law that
information contained in an insurer's claim file, as well as any information regarding an
insurer's general claims handling procedures and guidelines, are protected under the
work product doctrine and therefore discovery of same will cause irreparable harm.
Clearwater Oaks Bank, supra.; O’Hearn; State Farm Fla. Ins. Co. v. Gallmon, 835 So. 2d
389 (Fla. 2d DCA 2003); American Home Assur. Co. v. Vreeland, 973 So. 2d 668 (Fla.
2d DCA 2008); Balboa Ins. Co. v. Vanscooter, 526 So. 2d 779 (Fla. 2d DCA 1988).
10. In Scottsdale Ins. Co. v. Camara De Comercio Latino-Americana De Los
Estados Unidos, Inc., 813 So. 2d 250 (Fla. 3d DCA 2002), the court refused to permit
discovery from an insurer relating to claims files and claims handling:
When the issue of insurance coverage is unresolved and at
issue in pending court proceedings, a trial court must not order
an insurer to produce its claims files and other work product
documents . . . .This same reasoning _and_ authority
necessarily applies _to the testimony that_the [insurer]
corporate representative will be asked to provide at his or her
deposition . . .. The corporate representative may testify, but
cannot testify as to the privileged matters.
Id. at 252 (emphasis added). The Court's reasoning as to the deposition of corporate
representative can be reasonably imputed to deposition of the field adjuster as well. It is
axiomatic that you are not permitted to get through a deposition, what you would not be
otherwise permitted through a request for production.
11. Plaintiff's request, as written, is overbroad and implicates the insurance
carrier's claims handling practices and procedures and seeks information contained
Page 4 of 6CASE NO.: 50-2021-CA-007831
within Defendant's claim file which would not even be in possession of the field adjuster.
12. An insurer's claim handling practices are not discoverable until the issues
of liability and the amount of damages are determined. State Farm Fire & Cas. Co. v.
Valido, 662 So. 2d 1012 (Fla. 3d DCA1995); State Farm Fla. Ins. Co. v. Gallmon, 835 So.
2d 389 (Fla. 2d DCA 2003).
13. While the Defendant has no objection to the deponent bringing his report to
the deposition in order to refresh his recollection as required, Defendant’s objects to any
request to produce privileged materials from the claim file.
14. Defendant's requests a protective order to limit the scope of the field
adjuster’s deposition and requests that the Court prohibit Plaintiff from requesting
documents related to Defendant's claims investigation, claim file, underwriting file,
business policies or procedures.
WHEREFORE, Defendant, HOMEOWNERS CHOICE PROPERTY AND
CASUALTY INSURANCE COMPANY, INC, respectfully requests this Honorable Court
grant the Defendant’s Motion for Protective Order and prohibit Plaintiff from posing any
questions or seeking to elicit testimony regarding Defendant's claims investigation, claim
file, underwriting file, business policies or procedures and preventing the disclosure of
documents sought by Plaintiff's Re-Notice of Taking Deposition Duces Tecum, as well as
such other and further relief as this Court deems just and proper.
Certificate of Service is on the following page.
Page 5 of 6CASE NO.: 50-2021-CA-007831
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 19th day of April, 2022, this document was filed using
the Florida Courts E-Filing Portal. This document is being served on all counsel and pro se parties
of record by the Florida Courts E-Filing Portal, pursuant to and in compliance with Fla. R. Jud.
Admin. 2.516. The mailing and electronic addresses are: Otto E. Berges, Esquire, Alliance Law
Firm, oberges@alliancelawfirm.org;eservice@alliancelawfirm.org, 1665 Palm Beach Lakes
Blvd., Suite 1001, West Palm Bch, FL 33401, (561) 898-0351/(561) 335-1245 (F), Attorney for
Plaintiff, Lonnie Townsend.
KELLEY KRONENBERG
/s/ Melissa A Usher
Melissa A Usher, Esq.
Fla. Bar No.: 1010469
musher@kelleykronenberg.com
Jake D. Huxtable, Esq.
Fla. Bar No.: 124137
jhuxtable@kelleykronenberg.com
1475 Centrepark Boulevard
Suite 275
West Palm Beach, FL 33401
Telephone: (561) 684-5956
Facsimile: (561) 684-5753
Attorneys for Homeowners Choice
Address for service of pleadings only:
JDHeservice@kelleykronenberg.com
Page 6 of 6Filing # 141411900 E-Filed 01/05/2022 03:06:08 PM
IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
CASE NO.: 50-2021-CA-7831
LONNIE TOWNSEND,
Plaintiff,
7 EXHIBIT 1
HOMEOWNERS CHOICE PROPERTY&
CASUALTY INSURANCE COMPANY, INC.,
Defendant.
/
SUBPOENA DUCES TECUM
THE STATE OF FLORIDA:
TO: Lee Vorcheimer
6278 North Federal Highway #587
Fort Lauderdale, FL 33308
YOU ARE HEREBY COMMANDED to appear before a person authorized by law to take
deposition at Alpha & Omega Court Reporting Services: VIA ZOOM on April 19, 2022, at
10:00 a.m, for the taking of your deposition duces tecum in the above-styled cause, and to bring
with you at the time of your deposition, following:
PLEASE SEE EXHIBIT “A” ATTACHED HERETO
Tf you fail to appear, you may be in contempt of Court. You are subpoenaed to appear by the
following attorney and unless excused from this Subpoena by this attorney or the Court, you shall
respond to this Subpoena as directed.
DATED this Sth day of January 2022.
Otto E. Bergés, Esq. Otto E. Bergés, Esq.
Florida Bar No. 0193380
ALLIANCE LAW FIRM For the Court
Attorneys for Plaintiff's
277 Royal Poinciana Way, Ste. 148 bs) C6 Zener
Palm Beach, FL 33480
Telephone: (561) 898-0351
Facsimile: (561) 335-1245
oberges@alliancelawfirm.org
eservice@alliancelawfirm.org
cc: Alpha & Omega Court Reporting ServicesEXHIBIT A
DOCUMENTS TO BE PRODUCED
All paper and electronic records concerning insurance Claim No. 911564,
including, but not limited to: communications of any kind to anyone
concerning damages or repairs/remediation work, which were subject to the
Insurance Claim
All documents, including estimates, proposals, reports, invoices, receipts, and
copies of billing information for work performed at the Insured Property since
the Dates of Losses.
All documents, assessments, records, or reports provided to Homeowners
Choice Property and Casualty Insurance Company, Inc. or any of its
representatives, as part of Claim No. 911564.
All photographs (color and black and white) videotapes, drawings, plans, or
any other type of visual representation of the Insured Property created since
the Dates of Losses
Any documents that identify the person or persons who performed any
assessments or reports regarding Claim No. 911564.
A copy of all your professional licenses.
Any other information/documentation contained in your file materials not
specifically identified herein relating to the Plaintiff and/or the Insured
Property
Preview
Filing # 147913744 E-Filed 04/19/2022 09:27:57 AM IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA. Case No.: 50-2021-CA-007831 LONNIE TOWNSEND, Plaintiff, Vv. HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, INC., Defendant. FEE EEE EEE EE EEE Ee DEFENDANT’S MOTION FOR PROTECTIVE ORDER AND OBJECTIONS TO PLAINTIFFS’ NOTICE OF TAKING DEPOSITION DUCES TECUM COMES NOW, the Defendant, HOMEOWNERS CHOICE PROPERTY AND CASUALTY INSURANCE COMPANY (“Defendant”), pursuant to Florida Rule of Civil Procedure 1.280(c), and moves this Honorable Court to enter an Order limiting the scope of Plaintiff's deposition of the Field Adjuster of Homeowners Choice Property And Casualty Insurance Company and the production of privileged documents and states: 1. This is a breach of contract action stemming from a first-party property homeowners’ insurance coverage dispute involving a claim made for an alleged plumbing leak with a reported date of loss of April 3, 2021. 2. On January 5, 2022, Plaintiff filed a Notice of Taking Deposition Duces Tecum, a true and correct copy of which is attached as Exhibit 1 (hereinafter referred to as “Plaintiff's Notice”). 3. First, the Plaintiff does not detail the scope of the Field Adjuster’s deposition Page 1 of 6 '** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 04/19/2022 09:27:57 AM ***CASE NO.: 50-2021-CA-007831 testimony. Plaintiff did not include any areas of inquiry in their notice of taking deposition. 4. Further, within the confines of the Notice of Deposition, the Plaintiff requests the Field Adjuster to bring the following documents which the Defendant specifically objects to: EXHIBIT A DOCUMENTS TO BE PRODUCED 1, All paper and electronic records conceming insurance Claim No. 911564. including, but not limited to: commnmications of any kind to anyone concerning damages of repairs/remediation work, which were subject to the Insurance Claim, 2. All documents. including estimates. proposals. reports, invoices, receipts. and copies of billing information for work performed at the Insured Property since the Dates of Losses. 3. All documents, assessments, records, or reports provided to Homeowners Choice Property and Casualty Insurance Company. Inc. or any of its representatives, as part of Claim No. 911564 4. All photographs (color and black and white) videotapes. drawings. plans. or any other type of visual representation of the Insured Property created since the Dates of Losses. 5. Any documents that identify the person or persons who performed any assessments or reports regarding Claim No. 911564. 6 A copy of all your professional licenses. 7. Any other imformation/documentation contained in your file materials not specifically identified herein relating to the Plaintiff and/or the Insured Property, See Exhibit 1 pp. 2. 5.1 tis apparent from the documents and testimony sought that Plaintiffs seek to elicit testimony from the witness regarding documents associated with Defendant’s claim handling, adjustment, or claims investigation, which are wholly irrelevant to a first part lawsuit for insurance benefits. 6.R ule 1.280(b)(I)(1), Florida Rules of Civil Procedure provides in pertinent part, “Parties may obtain discovery regarding any matter, not privileged that is relevant to the subject matter of the pending action, whether it relates to the claim or defense of the party seeking discovery or the claim or defense of any other party.” 7.F lorida law is well settled that an insurance company's claim file materials Page 2 of 6CASE NO.: 50-2021-CA-007831 are irrelevant and premature until the issue of coverage and liability has been resolved. See State Farm Fire & Cas. Co. v. Valido, 662 So. 2d 1012 (Fla. 3d DCA1995); Scottsdale Ins. Co. v. Camara De Comercio Latino-Americana De Los Estados Unidos, Inc., 813 So. 2d 250 (Fla. 3d DCA 2002). 8. In this respect, Florida Courts have consistently held information relating to an insurer's handling of a claim is not subject to discovery in an action seeking a determination of insurance policy benefits. The reason is, such information is irrelevant to the question of whether the policy obligates the insurance company to provide the requested coverage or amount of damages. See, also, U.S. Fire Insurance Co. v. Clearwater Oaks Bank, 421 So. 2d 783, 784 (Fla. 2d DCA 1982) (claims files, and thus the information contained in the claims files, are not discoverable as irrelevant to the issue of coverage or damages in a first-party claim for insurance benefits); State Farm Fire & Casualty Co. v. Valido, 662 So. 2d 1012, 1013 (Fla. 3d DCA 1995) (insurer’s claims files, manuals, guidelines and documents concerning its claim handling procedures are irrelevant to first-party coverage disputes); State Farm Ins. Co. v. O’Hearn, 975 So. 2d 633 (Fla. 2d DCA 2008) (a party is not entitled to discovery of an insurer’s claim file or documents relating to the insurer’s business policies or practices regarding the handling of claims in an action for insurance benefits, until the insurer’s obligation to provide coverage and damages have been established); State Farm Florida Ins. Co. v. Gallmon, 835 So. 2d 389 (Fla. 2d DCA 2003) (claims files, investigative reports, adjuster notes, underwriting files, company policies and manuals, training manuals, certain personnel files, sales brochures and marketing materials, computer manuals for operating internal software and programs are irrelevant to first-party disputes or are privileged work Page 3 of 6CASE NO.: 50-2021-CA-007831 product). 9. In addition to being irrelevant, these items to be produced are protected under Florida law as work product. Permitting questions relating to same would irreparably harm Defendant's as a matter of law. It is well established Florida law that information contained in an insurer's claim file, as well as any information regarding an insurer's general claims handling procedures and guidelines, are protected under the work product doctrine and therefore discovery of same will cause irreparable harm. Clearwater Oaks Bank, supra.; O’Hearn; State Farm Fla. Ins. Co. v. Gallmon, 835 So. 2d 389 (Fla. 2d DCA 2003); American Home Assur. Co. v. Vreeland, 973 So. 2d 668 (Fla. 2d DCA 2008); Balboa Ins. Co. v. Vanscooter, 526 So. 2d 779 (Fla. 2d DCA 1988). 10. In Scottsdale Ins. Co. v. Camara De Comercio Latino-Americana De Los Estados Unidos, Inc., 813 So. 2d 250 (Fla. 3d DCA 2002), the court refused to permit discovery from an insurer relating to claims files and claims handling: When the issue of insurance coverage is unresolved and at issue in pending court proceedings, a trial court must not order an insurer to produce its claims files and other work product documents . . . .This same reasoning _and_ authority necessarily applies _to the testimony that_the [insurer] corporate representative will be asked to provide at his or her deposition . . .. The corporate representative may testify, but cannot testify as to the privileged matters. Id. at 252 (emphasis added). The Court's reasoning as to the deposition of corporate representative can be reasonably imputed to deposition of the field adjuster as well. It is axiomatic that you are not permitted to get through a deposition, what you would not be otherwise permitted through a request for production. 11. Plaintiff's request, as written, is overbroad and implicates the insurance carrier's claims handling practices and procedures and seeks information contained Page 4 of 6CASE NO.: 50-2021-CA-007831 within Defendant's claim file which would not even be in possession of the field adjuster. 12. An insurer's claim handling practices are not discoverable until the issues of liability and the amount of damages are determined. State Farm Fire & Cas. Co. v. Valido, 662 So. 2d 1012 (Fla. 3d DCA1995); State Farm Fla. Ins. Co. v. Gallmon, 835 So. 2d 389 (Fla. 2d DCA 2003). 13. While the Defendant has no objection to the deponent bringing his report to the deposition in order to refresh his recollection as required, Defendant’s objects to any request to produce privileged materials from the claim file. 14. Defendant's requests a protective order to limit the scope of the field adjuster’s deposition and requests that the Court prohibit Plaintiff from requesting documents related to Defendant's claims investigation, claim file, underwriting file, business policies or procedures. WHEREFORE, Defendant, HOMEOWNERS CHOICE PROPERTY AND CASUALTY INSURANCE COMPANY, INC, respectfully requests this Honorable Court grant the Defendant’s Motion for Protective Order and prohibit Plaintiff from posing any questions or seeking to elicit testimony regarding Defendant's claims investigation, claim file, underwriting file, business policies or procedures and preventing the disclosure of documents sought by Plaintiff's Re-Notice of Taking Deposition Duces Tecum, as well as such other and further relief as this Court deems just and proper. Certificate of Service is on the following page. Page 5 of 6CASE NO.: 50-2021-CA-007831 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 19th day of April, 2022, this document was filed using the Florida Courts E-Filing Portal. This document is being served on all counsel and pro se parties of record by the Florida Courts E-Filing Portal, pursuant to and in compliance with Fla. R. Jud. Admin. 2.516. The mailing and electronic addresses are: Otto E. Berges, Esquire, Alliance Law Firm, oberges@alliancelawfirm.org;eservice@alliancelawfirm.org, 1665 Palm Beach Lakes Blvd., Suite 1001, West Palm Bch, FL 33401, (561) 898-0351/(561) 335-1245 (F), Attorney for Plaintiff, Lonnie Townsend. KELLEY KRONENBERG /s/ Melissa A Usher Melissa A Usher, Esq. Fla. Bar No.: 1010469 musher@kelleykronenberg.com Jake D. Huxtable, Esq. Fla. Bar No.: 124137 jhuxtable@kelleykronenberg.com 1475 Centrepark Boulevard Suite 275 West Palm Beach, FL 33401 Telephone: (561) 684-5956 Facsimile: (561) 684-5753 Attorneys for Homeowners Choice Address for service of pleadings only: JDHeservice@kelleykronenberg.com Page 6 of 6Filing # 141411900 E-Filed 01/05/2022 03:06:08 PM IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 50-2021-CA-7831 LONNIE TOWNSEND, Plaintiff, 7 EXHIBIT 1 HOMEOWNERS CHOICE PROPERTY& CASUALTY INSURANCE COMPANY, INC., Defendant. / SUBPOENA DUCES TECUM THE STATE OF FLORIDA: TO: Lee Vorcheimer 6278 North Federal Highway #587 Fort Lauderdale, FL 33308 YOU ARE HEREBY COMMANDED to appear before a person authorized by law to take deposition at Alpha & Omega Court Reporting Services: VIA ZOOM on April 19, 2022, at 10:00 a.m, for the taking of your deposition duces tecum in the above-styled cause, and to bring with you at the time of your deposition, following: PLEASE SEE EXHIBIT “A” ATTACHED HERETO Tf you fail to appear, you may be in contempt of Court. You are subpoenaed to appear by the following attorney and unless excused from this Subpoena by this attorney or the Court, you shall respond to this Subpoena as directed. DATED this Sth day of January 2022. Otto E. Bergés, Esq. Otto E. Bergés, Esq. Florida Bar No. 0193380 ALLIANCE LAW FIRM For the Court Attorneys for Plaintiff's 277 Royal Poinciana Way, Ste. 148 bs) C6 Zener Palm Beach, FL 33480 Telephone: (561) 898-0351 Facsimile: (561) 335-1245 oberges@alliancelawfirm.org eservice@alliancelawfirm.org cc: Alpha & Omega Court Reporting ServicesEXHIBIT A DOCUMENTS TO BE PRODUCED All paper and electronic records concerning insurance Claim No. 911564, including, but not limited to: communications of any kind to anyone concerning damages or repairs/remediation work, which were subject to the Insurance Claim All documents, including estimates, proposals, reports, invoices, receipts, and copies of billing information for work performed at the Insured Property since the Dates of Losses. All documents, assessments, records, or reports provided to Homeowners Choice Property and Casualty Insurance Company, Inc. or any of its representatives, as part of Claim No. 911564. All photographs (color and black and white) videotapes, drawings, plans, or any other type of visual representation of the Insured Property created since the Dates of Losses Any documents that identify the person or persons who performed any assessments or reports regarding Claim No. 911564. A copy of all your professional licenses. Any other information/documentation contained in your file materials not specifically identified herein relating to the Plaintiff and/or the Insured Property