Preview
Filing# 136809362 E-Filed 10/19/2021 10:27:50 AM
TH
IN THE CIRCUITCOURT OF THE 171
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO.: CACE-21-007709
DIV: 02
LOURDES DE LA VEGA AND R-IAZ GAYA.
Plaintiffs,
VS.
CENTAURI SPECIALTY INSURANCE
COMPANY,
Defendant.
i
DEFENDANT'S AMENDED MOTION FOR PROTECTIVE ORDER AND
OBJECTIONS TO PLAINTIFF'S PROPOSED AREAS OF INQUIRY OF
DEFENDANT'S DESIGNATED CORPORATE REPRESENTATIVE(S) PURSUANT TO
RULE 1.310(b)(6)
(Amended to add exhibits only)
COMES NOW, Defendant, CENTAURI SPECIALTY INSURANCE COMPANY
("Defendant" or "Centauri"),by and through undersignedcounsel, hereby moves for entry of a
Protective Order limitingPlaintiff's proposed Areas of Inquiry in taking Defendant's Corporate
Representative's Fla. R. Civ. P., and in support
Depositionpursuant to Rule 1.310(b)(6), states the
following:
1. On or about May 5, 2021, Plaintiffs filed Plaintiffs' Notice of Taking Deposition Duces
Tecum Via Virtual Platform ("Notice").Included in the Notice are proposed Areas of Inquiry
("Schedule "A"") and Proposed Documents for Defendant's Corporate Representativeto Produce
...,
("Schedule "B' ). See Exhibit "A", "Notice of Taking Deposition Duces Tecum Via Virtual
Platform".
BeharBehar * 490 Sawgrass Corporate Parkway, Suite 300, Sunrise, FL 33325
T: 954-990-8639 F: 954-332-9260 W: BeharBehar.com
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*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/19/2021 10:27:50 AM.****
2. However, the proposed Areas of Inquiry are deficient as they seek to obtain
information that is protectedby the Florida Rules of Civil Procedure, Florida law, attorney-client
privilegeand/or work product doctrine.
3. Additionally,Plaintiff's Notice also provides a list of documents that Defendant's
Corporate Representativeis to produce at the deposition,includingmultiple items that are
protectedby the Florida Rules of Civil Procedure, Florida law, attorney-client
privilegeand/or
work product doctrine.
4. Florida Rule of Civil Procedure 1.310(b)(6)
providesas follows:
In the notice a party may name as the deponent a public or privatecorporation,a
partnershipor association,or a governmental agency, and designatewith reasonable
the matters on which examination is requested.The organizationso
particularity
named shall designate one or more officers,directors,or managing agents, or other
persons who consent to do so, to testifyon its behalf and may state the matters on
which each person designatedwill testify. The persons so designated shall testify
about matters known or reasonably available to the organization.(Emphasis
added).
5. Defendant objectsto certain information requestedin Plaintiff's Areas of Inquiryand
documents requestedin Schedule B, and hereby moves this Court for the entry of an appropriate
Protective Order.
WHEREFORE, Defendant, Centauri SpecialtyInsurance Company, moves for entry of an
Defendant's objectionsand/or entry of an appropriateProtective Order in regards
Order sustaining
to Plaintiff's proposed Areas of Inquiry in taking Defendant's Corporate Representative's
Deposition, pursuant to Rule 1.310(b)(6),Fla. R. Civ. P., and limit production of privileged
documents at the and any and
deposition, all other relief as justiceso requires.
MEMORANDUM IN SUPPORT OF DEFENDANT'S MOTION FOR PROTECTIVE
ORDER AND OBJECTIONS TO PLAINTIFF'S NOTICE
BeharBehar * 490 Sawgrass Corporate Parkway, Suite 300, Sunrise, FL 33325
T: 954-990-8639 F: 954-332-9260 W: BeharBehar.com
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Rule 1.280(c)of the Florida Rules of Civil Procedure provides in pertinentpart the
following:
"Upon motion by a party or by the person from whom discovery is sought, and for good
cause shown, the court in which the action is pending may make any order to protect a
party or person from annoyance, embarrassment, oppression,or undue burden or expense
that includingone or more of the following:
justicerequires,
(1) that the discovery not be had;
(2) that the discovery may be had only on specifiedterms and conditions,
includinga designationof the time or place;
***
(4) that certain matters not be inquired into, or that the scope Of the
discoverybe limited to certain matters." (Emphasis added).
Rule 1.310(b)(6)is only available with respect to matters "relevant to the subjectmatter of
the pending action" or for which "the infoimation sought appears reasonably calculated to lead to
the discovery of admissible evidence." Fla. R. Civ. P. 1.280(b)(1). litigant A
is "not entitled to
carie blanche discovery of irrelevant material,"and "discoveryshould be denied when it has been
established that the information requestedis neither relevant to any pending claim or defense nor
will it lead to the discoveryof admissible evidence." Tanchel v. Shoemaker, 91% So. 2d 440,442
(Fla.5th DCA 2006).
PROPOSED AREAS OF INQUIRY
that Defendant produce a representative
Plaintiffrequests with knowledge as to the following
items (Defendant'sobjectionsas to each item, if any, are included below):
Area of Inquiry #10 - Concerning Defendant's Affirmative Defenses, responses to
interrogatories, request for admissions and response to request for production.
Defendant objectsto this area of inquiryas overbroad and vague. Defendant also objects
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T: 954-990-8639 F: 954-332-9260 W: BeharBehar.com
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to the extent that it could result in the discovery of information protectedby the attorney-client
doctrine and/or work product privilege.Defendant objects to the extent this request seeks
discovery of any internal communications, protected by the attorney-client
privilege.Internal
communications could constitute "the scope and amount of estimated damages" relatingto the
subjectclaim, and such communications are not discoverable.
An insurer's claim file constitutes work product and is protectedfrom discoverypriorto a
determination of coverage. See State Farm Fla. Ins. Co. v. Aloni, 101 So. 3d 412 (Fla.4th DCA
Ruiz
2012).Additionally, v. Brea, 489 So. 2d 1136, 1137 (Fla.3d DCA 1986) states the identity
and information possessed by experts consulted by a party are not subjectto discovery by any
method under the Florida Rules of Civil Procedure.
Defendant further objectsto this request because underwritingis protectedwork product
and non-discoverable pursuant to State Farm Fla. Ins. Co. v. Gallmon, 835 So.2d 389 (Fla.2d
DCA 2003).
PROPOSED DOCUMENT PRODUCTION
At the outset, it is important to note that a majority of production requests that Defendant
objectsto also were objectedto in Defendant's response to Plaintiffs' Request for Production.
Defendant attaches its written responses and PrivilegeLog as Exhibit "B". Defendant reiterates
that the documents in its PrivilegeLog will not be produced at and further objectsas
deposition,
follows:
Request 2 - The entire insurance file including but not limited to the property damage file
maintained bv Defendant or anvone on Defendant's behalf with regard to Plaintiff to
include: a) All notations regarding notice of the accident time prior to suit being filed; b) All
telephone messages between Plaintiff and Defendant or anvone on Defendant's behalf; c) All
estimates or reports prepared bv Defendant, anv governmental agencies, third parties,
Plaintiff or insured; d) All interoffice memoranda; e) All correspondence to and from
BeharBehar * 490 Sawgrass Corporate Parkway, Suite 300, Sunrise, FL 33325
T: 954-990-8639 F: 954-332-9260 W: BeharBehar.com
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anyone, including insurance agencies, anv insurance forms, insurance applications,
authorization forms and anv other forms contained in the file.
Defendant objects to this request as overbroad, vague, irrelevant and not reasonably
calculated to lead to the discovery of admissible evidence. Defendant further objectsto this request
as it has the potential in the disclosure of information protectedas work productand/or
of resulting
by the attorney client privilege.
Additionally,an insurer's claim file constitutes work product and is protected from
discoverypriorto a determination of coverage. See State Farm Fla. Ins. Co. v. Aloni, 101 So. 3d
412 (Fla. 4?h DCA 2012). All communications between Defendant (or any of its agents or
and the independent adjusterare protected by the work product doctrine.
representatives)
when an insurance company hires an external,licensed adjusteror
Additionally, to a
investigate
reported claim, the hired adjusteris acting as an agent of the insurance company. See e.g. Home
Ins. Co. v. Crawford & Co., 890 So. 2d 1186, 1188 (Fla.4?h DCA 2005) (an insurance adjuster
acts As such, the documents and other tangiblethingsprepared by the
on behalf of the insurer).
adjuser actingon behalf of the insurer enjoy the same privilegesand protectionsfrom disclosure
had the items been preparedor created by the insurance company itself. Id.
Additionally, Defendant objects to this request because responsive underwriting
documents are work product and non-discoverable pursuant to State Farm Fla. Ins. Co. v.
Gallmon, 835 So.2d 389 (Fla.2d DCA 2003).
Defendant further objectsto this request as it has the potentialofresultingin the disclosure
of confidential business information or information protectedas trade secrets.
Defendant may have reviewed such documents in preparationfor this deposition,
but such
documents are not discoverable.
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Request 3 - Copies of anv and all forms, correspondence or reports which Defendant or anv
of Defendant's agents acting on Defendant's behalf received from anvone concerning the
damage to the residence that is the subiect of this lawsuit.
Defendant objectsto this request as it is overbroad and has the potentialof resultingin the
disclosure of information protectedas work product and/or by An
the attorney client privilege.
insurer's claim file constitutes work product and is protected from discovery prior to a
determination of coverage. See State Farm Fla. Ins. Co. v. Aloni, 101 So. 3d 412 (Fla.4?h DCA
Ruiz
2012).Additionally, v. Brea, 489 So. 2d 1136, 1137 (Fla.3d DCA 1986) states the identity
and information possessed by experts consulted by a party are not subjectto discovery by any
method under the Florida Rules of Civil Procedure.
Defendant further objectsto this request as it has ofresultingin the disclosure
the potential
of confidential business information or information protectedas trade secrets.
Additionally, Defendant objects to this request because responsive underwriting
documents are work product and non-discoverable pursuant to State Farm Fla. Ins. Co. v.
Gallmon, 835 So.2d 389 (Fla. ldDCA 1003).
Defendant may have reviewed such documents in preparationfor this deposition,
but such
documents are not discoverable.
Request 4- All correspondence, forms, notes, notations, facsimiles, emails, text messages,
memoranda or information which Defendant transmitted in anv form to anv appraisers,
contractors, roofers, estimators, plumbers, engineers, or other such individual or entitv
concerning the damage to the residence that is the subiect of the lawsuit.
Defendant objects to this request as overbroad, vague, irrelevant and not reasonably
calculated to lead to the discoveryof admissible evidence. Defendant further objectsto this request
as it has the ofresultingin the disclosure ofinformation protectedas work product and/or
potential
by the attorney client privilege.
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T: 954-990-8639 F: 954-332-9260 W: BeharBehar.com
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Additionally,an insurer's claim file constitutes work product and is protected from
discoverypriorto a determination of coverage. See State Farm Fla. Ins. Co. v. Aloni, 101 So. 3d
412 (Fla. 4?h DCA 2012). All communications between Defendant (or any of its agents or
and the independent adjusterare protected by the work product doctrine.
representatives)
when an insurance company hires an external,licensed adjusteror
Additionally, to a
investigate
reported claim, the hired adjusteris acting as an agent of the insurance company. See e.g. Home
Ins. Co. v. Crawford & Co., 890 So. 2d 1186, 1188 (Fla.4?h DCA 2005) (an insurance adjuster
acts As such, the documents and other tangiblethingsprepared by the
on behalf of the insurer).
adjuser actingon behalf of the insurer enjoy the same privilegesand protectionsfrom disclosure
had the items been prepared or created by the insurance company itself. Id.
Additionally, Defendant objects to this request because responsive underwriting
documents are work product and non-discoverable pursuant to State Farm Fla. Ins. Co. v.
Gallmon, 835 So.2d 389 (Fla.2d DCA 2003).
Defendant further objectsto this request as it has the potentialofresultingin the disclosure
of confidential business information or information protectedas trade secrets.
Defendant may have reviewed such documents in preparationfor this deposition,
but such
documents are not discoverable.
Request #5 - All ledgers, payout sheets, checks, cancelled checks or anv other documents
demonstrating payments made bv Defendant to anvone including, but not limited to,
Plaintiff, the insured, anvone one on behalf of Plaintiff or the insured, or anv third party.
Defendant objects to this request as overbroad, vague, irrelevant and not reasonably
calculated to lead to the discoveryof admissible evidence. Defendant further objectsto this request
as it has the potential in the disclosure of information protectedas work product and/or
of resulting
BeharBehar * 490 Sawgrass Corporate Parkway, Suite 300, Sunrise, FL 33325
T: 954-990-8639 F: 954-332-9260 W: BeharBehar.com
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by the attorney client privilege. to the extent
Specifically, this request seeks Defendant's internal
communications, such are protectedfrom disclosure.
Additionally,an insurer's claim file constitutes work product and is protected from
discoverypriorto a determination of coverage. See State Farm Fla. Ins. Co. v. Aloni, 101 So. 3d
412 (Fla.4?h DCA 2012). All communications between Defendant (or any of its agents or
representatives)and the independent adjuser are protected by the work product doctrine.
when an insurance company hires an external,licensed adjusteror to investigatea
Additionally,
reportedclaim, the hired adjusteris actingas an agent of the insurance company. See e.g. Home
Ins. Co. v. Crawford & Co., 890 So. 2d 1186, 1188 (Fla.4?h DCA 2005) (an insurance adjuster
acts As such, the documents and other tangiblethingsprepared by the
on behalf of the insurer).
adjuser actingon behalf of the insurer enjoy the same privilegesand protectionsfrom disclosure
had the items been prepared or created by the insurance company itself. Id.
Additionally, Defendant objects to this request because responsive underwriting
documents are work product and non-discoverable pursuant to State Farm Fla. Ins. Co. v.
Gallmon, 835 So.2d 389 (Fla.2d DCA 2003).
Defendant further objectsto this request as it has ofresultingin the disclosure
the potential
of confidential business information or information protectedas trade secrets.
Defendant may have reviewed such documents in preparationfor this deposition,
but such
documents are not discoverable.
Request #7 - All photographs, video, maps, plats or anv other documentation Defendant, or
anvone on Defendant's behalf, took showing the extent of the damage to the residence that
is the subiect of this lawsuit.
Defendant objectsto this request as overbroad, vague, irrelevant and not reasonably
BeharBehar * 490 Sawgrass Corporate Parkway, Suite 300, Sunrise, FL 33325
T: 954-990-8639 F: 954-332-9260 W: BeharBehar.com
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calculated to lead to the discoveryof admissible evidence. Defendant further objectsto this request
as it has the potential in the disclosure of information protectedas work product.
of resulting
Additionally,an insurer's claim file constitutes work product and is protected from
discoverypriorto a determination of coverage. See State Farm Fla. Ins. Co. v. Aloni, 101 So. 3d
412 (Fla.4?h DCA 2012). All communications between Defendant (or any of its agents or
representatives)and the independent adjuser are protected by the work product doctrine.
when an insurance company hires an external,licensed adjusteror to investigatea
Additionally,
reportedclaim, the hired adjusteris actingas an agent of the insurance company. See e.g. Home
Ins. Co. v. Crawford & Co., 890 So. 2d 1186, 1188 (Fla.4?h DCA 2005) (an insurance adjuster
acts As such, the documents and other tangiblethingsprepared by the
on behalf of the insurer).
adjuser actingon behalf of the insurer enjoy the same privilegesand protectionsfrom disclosure
had the items been prepared or created by the insurance company itself. Id.
Additionally, Defendant objects to this request because responsive underwriting
documents are work product and non-discoverable pursuant to State Farm Fla. Ins. Co. v.
Gallmon, 835 So.2d 389 (Fla.2d DCA 2003).
Defendant further objectsto this request as it has ofresultingin the disclosure
the potential
of confidential business information or information protectedas trade secrets.
Defendant may have reviewed such documents in preparationfor this deposition,
but such
documents are not discoverable.
Request #8 - All evaluation or explanations in Defendant's possession describing how
benefits, if anv, were paid to Plaintiff, the insured or anvone on behalf of the Plaintiff or
insured.
Defendant objectsto this request as it has the potentialof resultingin the disclosure of
BeharBehar * 490 Sawgrass Corporate Parkway, Suite 300, Sunrise, FL 33325
T: 954-990-8639 F: 954-332-9260 W: BeharBehar.com
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information protectedas work product and/or by To the extent this
the attorney client privilege.
request seeks Defendant's internal communications, such are protectedfrom disclosure.
Additionally,an insurer's claim file constitutes work product and is protected from
discoverypriorto a determination of coverage. See State Farm Fla. Ins. Co. v. Aloni, 101 So. 3d
412 (Fla.4?h DCA 2012). All communications between Defendant (or any of its agents or
representatives)and the independent adjuser are protected by the work product doctrine.
when an insurance company hires an external,licensed adjusteror to investigatea
Additionally,
reportedclaim, the hired adjusteris actingas an agent of the insurance company. See e.g. Home
Ins. Co. v. Crawford & Co., 890 So. 2d 1186, 1188 (Fla.4?h DCA 2005) (an insurance adjuster
acts As such, the documents and other tangiblethingsprepared by the
on behalf of the insurer).
adjuser actingon behalf of the insurer enjoy the same privilegesand protectionsfrom disclosure
had the items been prepared or created by the insurance company itself. Id.
Defendant may have reviewed such documents in preparationfor this deposition,
but such
documents are not discoverable.
Request #11 - Anv witness statements.
Defendant objectsto this request as overbroad, vague, irrelevant and not reasonably
calculated to lead to the discovery of admissible evidence. Defendant further objectsto this request
as it has the ofresultingin the disclosure ofinformation protectedas work product and/or
potential
by the attorney client privilege.
Additionally,an insurer's claim file constitutes work product and is protected from
discoverypriorto a determination of coverage. See State Farm Fla. Ins. Co. v. Aloni, 101 So. 3d
412 (Fla.4?h DCA 2012). All communications between Defendant (or any of its agents or
BeharBehar * 490 Sawgrass Corporate Parkway, Suite 300, Sunrise, FL 33325
T: 954-990-8639 F: 954-332-9260 W: BeharBehar.com
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and the independent adjusterare protected by the work product doctrine.
representatives)
when an insurance company hires an external,licensed adjusteror
Additionally, to a
investigate
reported claim, the hired adjusteris acting as an agent of the insurance company. See e.g. Home
Ins. Co. v. Crawford & Co., 890 So. 2d 1186, 1188 (Fla.4?h DCA 2005) (an insurance adjuster
acts As such, the documents and other tangiblethingspreparedby the
on behalf of the insurer).
adjuser actingon behalf of the insurer enjoy the same privilegesand protectionsfrom disclosure
had the items been prepared or created by the insurance company itself. Id.
Defendant further objectsto this request as it has ofresultingin the disclosure
the potential
of confidential business information or information protectedas trade secrets.
Defendant may have reviewed such documents in preparationfor this deposition,
but such
documents are not discoverable.
CONCLUSION
The areas ofinquiryidentified by Plaintiff are objectionable
and should be narrowed through
a Protective Order prior to the depositionoccurring.Additionally,this Court should enter a
protectiveorder protecting Defendant from producing certain items at the depositionof its
Corporate Representative.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoingwas submitted on this
l-* day of October 2021 via Electronic Mail on the following:
Adam Chappel,Esq.
Cohen Law Group
350 North Lake Destiny Rd
Maitland, FL 32751
BeharBehar * 490 Sawgrass Corporate Parkway, Suite 300, Sunrise, FL 33325
T: 954-990-8639 F: 954-332-9260 W: BeharBehar.com
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Telephone: (407) 478-4878
Facsimile: (407) 478-0204
Primary Email: achappel@itsaboutjustice.law
Secondary Email: Jephte@itsaboutjustice.law
Counsel for Plaintiffs
Respectfullysubmitted,
BeharBehar
490 Sawgrass Corporate Parkway
Suite 300
Sunrise, FL 33325
Telephone: (954) 990-8639
Facsimile: (954) 332-9260
Email: ab@beharbehar.com
By: /s/ Sharita Young
Aaron Behar, Esq.
Florida Bar No.. 166286
Caroline San, Esq.
Florida Bar No.: 127424
Joshua Gluck, Esq.
Florida Bar No.. 1010970
Sameka Thompson, Esq.
Florida Bar No.. 120301
Sharita Young, Esq.
Florida Bar No.. 112303
Counsel for Defendant
BeharBehar * 490 Sawgrass Corporate Parkway, Suite 300, Sunrise, FL 33325
T: 954-990-8639 F: 954-332-9260 W: BeharBehar.com
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"A
,,
1-XHIB 1
Filing# 126259539 E-Filed 05/05/2021 07:38:55 PM
IN THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
CASE NO: CACE-21-007709
Lourdes de la Vega and Riaz Gaya,
Plaintiffs,
V.
Centauri SpecialityInsurance Company,
Defendant.
i
NOTICE OF TAKING DEPOSITION DUCES TECUM
VIA VIRTUAL PLATFORM
PLEASE TAKE NOTICE that a depositionwill be takingplace before VERITEXT, or
some other Notary Public for the State of Florida at Large. Pursuant to Florida Rules of Civil
Procedure 1.310(b)(6),Centauri SpecialityInsurance Company shall designate one or more
officers,directors,or managing agents, or other persons who on
consent to do so, to testify its
behalf and may state the matters on which each person designatedwill testify.The persons so
designatedshall testifyabout matters known or reasonably available to the organization.The
attorney for the Plaintiff will be taking the depositionof the below listed individual via virtual
platformpursuant to Administrative Order No. AOSC20-16. You are notified that we reserve the
rightto record to depositionby stenographicmeans or by utilizingdigitalaudio recording
equipment or any other alternative method of capture.
DEPONENT: Defendant's Corporate Representative
DATE: October 28, 2021
TIME: 2:00pm
The depositionwill be taken via virtual platform before an associate or deputy court
reporter of VERITEXT who is not of counsel to the partiesor interested in the events of this
cause. This depositionis being taken for the purpose of discovery,for use at trial,or for such
other purposes as are permittedunder the Florida Rules of Civil Procedure. This depositionwill
continue from day to day until completed. The deponent should be prepared to provide
testimonv regarding the subiect matter delineated in the attached Schedule "A" and the
deponent should bring with them all documents responsive to the attached Scheduled "B".
***:Documents
for which Defendant has raised,or intends to raise,a privilege(e.g.,
claims jile
documents) need not be produced to for examination,
Plaintiff however must be brought so
that deponent may adequatelyrespond to non-privileged areas of inquiry***
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on May 5, 2021, I filed the foregoingwith the
electronically
Clerk of the Court by using the Florida Courts E-FilingPortal which will send notice of this
to counsel of record.
electronic filing
sl Adam Christopher Chappel
COHEN LAW GROUP
Adam ChristopherChappel, Esq.
Florida Bar Number: 0126830
FOR THE FIRM
350 North Lake Destiny Road
Maitland, Florida 32751
Primary: achappel@itsaboutjustice.law
Secondary:jephte@itsaboutjustice.law
Phone: (407) 478-4878
Fax: (407) 478-0204
Attorneys for Plaintiff
Copy VERITEXT
SCHEDULE A
1. The person(s)knowledgeable concerning any remediation services and remediation work
performed at the insured property.
2. The person(s) knowledgeable concerning any repairsperformed at the insured property
on or around 4/20/2020 through the present.
3 The person(s)knowledgeable concerning any water intrusion at the insured property for
the claim in disputefor the instant matter.
4. The person(s) knowledgeable concerning any documents, records, or other information
that identifies any individuals who visited the property on behalf of Centauri Speciality
Insurance Company, or identifies services or work performed by individuals who visited
the insured on or around 4/20/2020 through the present.
5. The person(s) knowledgeable concerning all photographs, videos or other depictionsof
the insured property on or around 4/20/2020 through the present.
6. The persons(s)knowledgeable concerning payment issues, if any, to the Plaintiff or
insured regarding the claim in disputefor the instant matter from the date of loss through
the present.
7. The person(s)knowledgeable concerning any request for peer review or outside estimates
made for comparison purposes in connection to the claim in disputefor the instant matter
through the present.
8 The person(s) knowledgeable concerning Plaintiff's invoice and payment regarding the
insured property for the claim in disputefor the instant matter, from date of loss through
the present
9- The persons(s)knowledgeable concerning conversations between Plaintiff and Defendant
regardingthe insured property for the claim in disputefor the instant matter, from date of
loss through the present.
10. Concerning Defendant's Affirmative Defenses, responses to interrogatories,
request for
admissions and response to production.
SCHEDULE B
1. All insurance policiesthat would inure to the benefit of Plaintiff,togetherwith any
declaration of coverage page, sworn statement of corporate officer of Defendant attesting
to the coverage and authenticity
of the policyas requiredby Florida law.
2. The entire insurance file
including,but not limited to the property damage file maintained
by Defendant or anyone on Defendant's behalf with regard to Plaintiffto include:
a) All notations regardingnotice of the accident time priorto suit being filed;
b) All telephone messages between Plaintiff and Defendant, or anyone on
Defendant's behalf;
c) All estimates or reports prepared by Defendant, any governmental agencies,
third Plaintiff or insured;
parties,
d) All interoffice memoranda;
e) All correspondence to and from anyone, includinginsurance agencies,any
authorization forms and any other
insurance forms, insurance applications,
forms contained in the file.
3. Copies of any and all forms, correspondence, or reports which Defendant or any of
Defendant's agents acting on Defendant's behalf received from anyone concerning the
damage to the residence that is the subjectofthis lawsuit.
4. All correspondence, forms, notes, notations, facsimiles, emails, text messages,
memoranda or information which Defendant transmitted in any form to any appraisers,
contractors, roofers,estimators,plumbers, engineersor other such individual or entity
concerningthe damage to the residence that is the subjectof this lawsuit.
5. All ledgers, payout sheets, checks, cancelled checks or any other documents
demonstrating payments made by Defendant to anyone including,but not limited to,
the insured,anyone one on behalf o f Plaintiff or the insured,or any third party.
Plaintiff,
6. Any and all statements Defendant or anyone on behalf of Defendant took of Plaintiff or
the insured.
7. All photographs, video, maps, platsor any other documentation Defendant, or anyone on
Defendant's behalf, took showing the extent of the damage to the residence that is the
subjectofthis lawsuit.
8. All evaluation or explanations how benefits,if any,
in Defendant's possessiondescribing
were paid to Plaintiff,
the insured or anyone on behalf ofthe Plaintiff or insured.
9. All letters of denial sent by Defendant the insured or
to Plaintiff, anyone on Plaintiff or
the insured's behalf.
10. All checks or drafts issued to the Plaintiff or insured or to any appraiser,estimator,
contractor, roofer,plumber or other such individuals or entities on behalf of the Plaintiff
or insured.
11. Any witness statements.
***
:Documents for which Defendant has raised,or intends to raise,a privilege(e.g.,
claims jile
documents) need not be produced to Plaintifffor examination, however must be brought so
that deponent may adequately respond to non-privilegedareas of inquiry***
1-XHIB 1 "B"
Filing# 132225488 E-Filed 08/06/2021 05:14:28 PM
TH
IN THE CIRCUITCOURT OF THE 171
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO.: CACE-21-007709
DIV: 02
LOURDES DE LA VEGA AND R-IAZ GAYA.
Plaintiffs,
VS.
CENTAURI SPECIALTY INSURANCE
COMPANY,
Defendant.
i
DEFENDANT'S PRIVILEGE LOG
COMES NOW, Defendant, CENTAURI SPECIALTY INSURANCE COMPANY
"Defendant"),by and through its undersignedcounsel, and pursuant to Florida Rule
(hereinafter
of Civil Procedure 1.350, hereby provides notice of its express claim that the documents listed
herein are privilegedor otherwise subject to protectionas trial preparation material. The
documents are either privilege("AC"), the work product
protectedpursuant to the attorney-client
privilege("WP"), or other privileges("OP") as noted below.
BeharBehar * 490 Sawgrass Corporate Parkway, Suite 300, Sunrise, FL 33325
T: 954-990-8639 F: 954-332-9260 W: BeharBehar.com
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Number Date of Document Brief Description Assertions
1 Privilegedinformation and Insurance Files
Claims Investigation WP
remains ongoing and
continuing.
2 Privilegedinformation Audit Report WP/OP
remains ongoing and
continuing.
3 Privilegedinformation All internal writings,memoranda, WP/OP/AC
remains ongoing and electronic material,notes or other materials
continuing. reflectingexamination by the Defendant of
the subjectloss.
4 Entries from January All correspondence,communications, WP/OP/AC
15,2021 to Present. exchanges, documents, work papers, notes
or tangiblethingsprepared by Defendant or
any agent of Defendant with respect to
Plaintiff' s claims.
5 Privilegedinformation All internal training
manuals, Guidelines, WP/OP/AC
remains ongoing and policies& procedures.
continuing.
6 Privilegedinformation All correspondencebetween Defendant and WP/OP/AC
remains ongoing and itsagents includingemployees, inspectors,
continuing. and representativesregarding claim number
CL20208610.
7 Underwriting The entire underwritingfile. WP/OP
8 Entries from January Claim CL20208610 ActivityNotes WP/OP/AC
15,2021 throughApril
20,2021.
9 February 28, 2021 Invoice #8120526 from SDII Global WP/OP/AC
Corporation.
10 MultipleDates. Emails between Defendant and Defense WP/OP/AC
Counsel.
11 February 2,2021 Emails from SDII Global Corporationto WP/OP/AC
February 3, 2021 Desk Adjuster,Wanda
February 5,2021
BeharBehar * 490 Sawgrass Corporate Parkway, Suite 300, Sunrise, FL 33325
T: 954-990-8639 F: 954-332-9260 W: BeharBehar.com
2 of 5
February 8, 2021
February 10, 2021
February 16, 2021
February 23, 2021
March 1, 2021
12 January 15, 2021 ISO Claims Search Match Report Summary WP/OP/AC
13 January 15, 2021 Acknowledgment letter from IMS Claim WP/OP
Services,Inc. and IMS Catastrophe
Services,Inc.
14 January 19, 2021 Gerrard Smith,
Report by field adjuster, WP/OP
January 25, 2021 IMS Claim Services,Inc. and IMS
CatastropheServices,Inc.
15 January 25, 2021 Invoice #SCS210000093-1764 from IMS WP/OP
Claim Services,Inc. and IMS Catastrophe
Services,Inc.
16 January 19, 2021 Dexter Historical Report by Athenium WP/OP
Analytics.
All the above-referenced documents are located at the offices of BeharBehar and those
identified as "WP" were created by Defendant and/or its attorneys in antic*ation of litigation
or
after had been commenced in preparationfor trial. Other documents contain confidential
litigation
and proprietarybusiness information and are protectedas trade secrets or confidential business
information. A more detailed descriptionof the documents would violate work product privilege,
would invade the attorney-client and/or the undersignedcounsel's thoughtprocess, and/or
privilege
would disclose sensitive protectedconfidential information. Lastly,oral communications between
Defendant and its attorneys were made during conferences either in person or via telephone,and
where necessary are referenced herein.
Defendant relies on the following case authorityin its responses to the Plaintiff's request for
production:
1. State Farm Fla. Ins. Co. v. Aloni, 101 So. 3d 412 (Fla.4?
th
DCA 2012).
BeharBehar * 490 Sawgrass Corporate Parkway, Suite 300, Sunrise, FL 33325
Preview
Filing# 136809362 E-Filed 10/19/2021 10:27:50 AM TH IN THE CIRCUITCOURT OF THE 171 JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: CACE-21-007709 DIV: 02 LOURDES DE LA VEGA AND R-IAZ GAYA. Plaintiffs, VS. CENTAURI SPECIALTY INSURANCE COMPANY, Defendant. i DEFENDANT'S AMENDED MOTION FOR PROTECTIVE ORDER AND OBJECTIONS TO PLAINTIFF'S PROPOSED AREAS OF INQUIRY OF DEFENDANT'S DESIGNATED CORPORATE REPRESENTATIVE(S) PURSUANT TO RULE 1.310(b)(6) (Amended to add exhibits only) COMES NOW, Defendant, CENTAURI SPECIALTY INSURANCE COMPANY ("Defendant" or "Centauri"),by and through undersignedcounsel, hereby moves for entry of a Protective Order limitingPlaintiff's proposed Areas of Inquiry in taking Defendant's Corporate Representative's Fla. R. Civ. P., and in support Depositionpursuant to Rule 1.310(b)(6), states the following: 1. On or about May 5, 2021, Plaintiffs filed Plaintiffs' Notice of Taking Deposition Duces Tecum Via Virtual Platform ("Notice").Included in the Notice are proposed Areas of Inquiry ("Schedule "A"") and Proposed Documents for Defendant's Corporate Representativeto Produce ..., ("Schedule "B' ). See Exhibit "A", "Notice of Taking Deposition Duces Tecum Via Virtual Platform". BeharBehar * 490 Sawgrass Corporate Parkway, Suite 300, Sunrise, FL 33325 T: 954-990-8639 F: 954-332-9260 W: BeharBehar.com 1 of 12 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/19/2021 10:27:50 AM.**** 2. However, the proposed Areas of Inquiry are deficient as they seek to obtain information that is protectedby the Florida Rules of Civil Procedure, Florida law, attorney-client privilegeand/or work product doctrine. 3. Additionally,Plaintiff's Notice also provides a list of documents that Defendant's Corporate Representativeis to produce at the deposition,includingmultiple items that are protectedby the Florida Rules of Civil Procedure, Florida law, attorney-client privilegeand/or work product doctrine. 4. Florida Rule of Civil Procedure 1.310(b)(6) providesas follows: In the notice a party may name as the deponent a public or privatecorporation,a partnershipor association,or a governmental agency, and designatewith reasonable the matters on which examination is requested.The organizationso particularity named shall designate one or more officers,directors,or managing agents, or other persons who consent to do so, to testifyon its behalf and may state the matters on which each person designatedwill testify. The persons so designated shall testify about matters known or reasonably available to the organization.(Emphasis added). 5. Defendant objectsto certain information requestedin Plaintiff's Areas of Inquiryand documents requestedin Schedule B, and hereby moves this Court for the entry of an appropriate Protective Order. WHEREFORE, Defendant, Centauri SpecialtyInsurance Company, moves for entry of an Defendant's objectionsand/or entry of an appropriateProtective Order in regards Order sustaining to Plaintiff's proposed Areas of Inquiry in taking Defendant's Corporate Representative's Deposition, pursuant to Rule 1.310(b)(6),Fla. R. Civ. P., and limit production of privileged documents at the and any and deposition, all other relief as justiceso requires. MEMORANDUM IN SUPPORT OF DEFENDANT'S MOTION FOR PROTECTIVE ORDER AND OBJECTIONS TO PLAINTIFF'S NOTICE BeharBehar * 490 Sawgrass Corporate Parkway, Suite 300, Sunrise, FL 33325 T: 954-990-8639 F: 954-332-9260 W: BeharBehar.com 2 of 12 Rule 1.280(c)of the Florida Rules of Civil Procedure provides in pertinentpart the following: "Upon motion by a party or by the person from whom discovery is sought, and for good cause shown, the court in which the action is pending may make any order to protect a party or person from annoyance, embarrassment, oppression,or undue burden or expense that includingone or more of the following: justicerequires, (1) that the discovery not be had; (2) that the discovery may be had only on specifiedterms and conditions, includinga designationof the time or place; *** (4) that certain matters not be inquired into, or that the scope Of the discoverybe limited to certain matters." (Emphasis added). Rule 1.310(b)(6)is only available with respect to matters "relevant to the subjectmatter of the pending action" or for which "the infoimation sought appears reasonably calculated to lead to the discovery of admissible evidence." Fla. R. Civ. P. 1.280(b)(1). litigant A is "not entitled to carie blanche discovery of irrelevant material,"and "discoveryshould be denied when it has been established that the information requestedis neither relevant to any pending claim or defense nor will it lead to the discoveryof admissible evidence." Tanchel v. Shoemaker, 91% So. 2d 440,442 (Fla.5th DCA 2006). PROPOSED AREAS OF INQUIRY that Defendant produce a representative Plaintiffrequests with knowledge as to the following items (Defendant'sobjectionsas to each item, if any, are included below): Area of Inquiry #10 - Concerning Defendant's Affirmative Defenses, responses to interrogatories, request for admissions and response to request for production. Defendant objectsto this area of inquiryas overbroad and vague. Defendant also objects BeharBehar * 490 Sawgrass Corporate Parkway, Suite 300, Sunrise, FL 33325 T: 954-990-8639 F: 954-332-9260 W: BeharBehar.com 3 of 12 to the extent that it could result in the discovery of information protectedby the attorney-client doctrine and/or work product privilege.Defendant objects to the extent this request seeks discovery of any internal communications, protected by the attorney-client privilege.Internal communications could constitute "the scope and amount of estimated damages" relatingto the subjectclaim, and such communications are not discoverable. An insurer's claim file constitutes work product and is protectedfrom discoverypriorto a determination of coverage. See State Farm Fla. Ins. Co. v. Aloni, 101 So. 3d 412 (Fla.4th DCA Ruiz 2012).Additionally, v. Brea, 489 So. 2d 1136, 1137 (Fla.3d DCA 1986) states the identity and information possessed by experts consulted by a party are not subjectto discovery by any method under the Florida Rules of Civil Procedure. Defendant further objectsto this request because underwritingis protectedwork product and non-discoverable pursuant to State Farm Fla. Ins. Co. v. Gallmon, 835 So.2d 389 (Fla.2d DCA 2003). PROPOSED DOCUMENT PRODUCTION At the outset, it is important to note that a majority of production requests that Defendant objectsto also were objectedto in Defendant's response to Plaintiffs' Request for Production. Defendant attaches its written responses and PrivilegeLog as Exhibit "B". Defendant reiterates that the documents in its PrivilegeLog will not be produced at and further objectsas deposition, follows: Request 2 - The entire insurance file including but not limited to the property damage file maintained bv Defendant or anvone on Defendant's behalf with regard to Plaintiff to include: a) All notations regarding notice of the accident time prior to suit being filed; b) All telephone messages between Plaintiff and Defendant or anvone on Defendant's behalf; c) All estimates or reports prepared bv Defendant, anv governmental agencies, third parties, Plaintiff or insured; d) All interoffice memoranda; e) All correspondence to and from BeharBehar * 490 Sawgrass Corporate Parkway, Suite 300, Sunrise, FL 33325 T: 954-990-8639 F: 954-332-9260 W: BeharBehar.com 4 of 12 anyone, including insurance agencies, anv insurance forms, insurance applications, authorization forms and anv other forms contained in the file. Defendant objects to this request as overbroad, vague, irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. Defendant further objectsto this request as it has the potential in the disclosure of information protectedas work productand/or of resulting by the attorney client privilege. Additionally,an insurer's claim file constitutes work product and is protected from discoverypriorto a determination of coverage. See State Farm Fla. Ins. Co. v. Aloni, 101 So. 3d 412 (Fla. 4?h DCA 2012). All communications between Defendant (or any of its agents or and the independent adjusterare protected by the work product doctrine. representatives) when an insurance company hires an external,licensed adjusteror Additionally, to a investigate reported claim, the hired adjusteris acting as an agent of the insurance company. See e.g. Home Ins. Co. v. Crawford & Co., 890 So. 2d 1186, 1188 (Fla.4?h DCA 2005) (an insurance adjuster acts As such, the documents and other tangiblethingsprepared by the on behalf of the insurer). adjuser actingon behalf of the insurer enjoy the same privilegesand protectionsfrom disclosure had the items been preparedor created by the insurance company itself. Id. Additionally, Defendant objects to this request because responsive underwriting documents are work product and non-discoverable pursuant to State Farm Fla. Ins. Co. v. Gallmon, 835 So.2d 389 (Fla.2d DCA 2003). Defendant further objectsto this request as it has the potentialofresultingin the disclosure of confidential business information or information protectedas trade secrets. Defendant may have reviewed such documents in preparationfor this deposition, but such documents are not discoverable. BeharBehar * 490 Sawgrass Corporate Parkway, Suite 300, Sunrise, FL 33325 T: 954-990-8639 F: 954-332-9260 W: BeharBehar.com 5 of 12 Request 3 - Copies of anv and all forms, correspondence or reports which Defendant or anv of Defendant's agents acting on Defendant's behalf received from anvone concerning the damage to the residence that is the subiect of this lawsuit. Defendant objectsto this request as it is overbroad and has the potentialof resultingin the disclosure of information protectedas work product and/or by An the attorney client privilege. insurer's claim file constitutes work product and is protected from discovery prior to a determination of coverage. See State Farm Fla. Ins. Co. v. Aloni, 101 So. 3d 412 (Fla.4?h DCA Ruiz 2012).Additionally, v. Brea, 489 So. 2d 1136, 1137 (Fla.3d DCA 1986) states the identity and information possessed by experts consulted by a party are not subjectto discovery by any method under the Florida Rules of Civil Procedure. Defendant further objectsto this request as it has ofresultingin the disclosure the potential of confidential business information or information protectedas trade secrets. Additionally, Defendant objects to this request because responsive underwriting documents are work product and non-discoverable pursuant to State Farm Fla. Ins. Co. v. Gallmon, 835 So.2d 389 (Fla. ldDCA 1003). Defendant may have reviewed such documents in preparationfor this deposition, but such documents are not discoverable. Request 4- All correspondence, forms, notes, notations, facsimiles, emails, text messages, memoranda or information which Defendant transmitted in anv form to anv appraisers, contractors, roofers, estimators, plumbers, engineers, or other such individual or entitv concerning the damage to the residence that is the subiect of the lawsuit. Defendant objects to this request as overbroad, vague, irrelevant and not reasonably calculated to lead to the discoveryof admissible evidence. Defendant further objectsto this request as it has the ofresultingin the disclosure ofinformation protectedas work product and/or potential by the attorney client privilege. BeharBehar * 490 Sawgrass Corporate Parkway, Suite 300, Sunrise, FL 33325 T: 954-990-8639 F: 954-332-9260 W: BeharBehar.com 6 of 12 Additionally,an insurer's claim file constitutes work product and is protected from discoverypriorto a determination of coverage. See State Farm Fla. Ins. Co. v. Aloni, 101 So. 3d 412 (Fla. 4?h DCA 2012). All communications between Defendant (or any of its agents or and the independent adjusterare protected by the work product doctrine. representatives) when an insurance company hires an external,licensed adjusteror Additionally, to a investigate reported claim, the hired adjusteris acting as an agent of the insurance company. See e.g. Home Ins. Co. v. Crawford & Co., 890 So. 2d 1186, 1188 (Fla.4?h DCA 2005) (an insurance adjuster acts As such, the documents and other tangiblethingsprepared by the on behalf of the insurer). adjuser actingon behalf of the insurer enjoy the same privilegesand protectionsfrom disclosure had the items been prepared or created by the insurance company itself. Id. Additionally, Defendant objects to this request because responsive underwriting documents are work product and non-discoverable pursuant to State Farm Fla. Ins. Co. v. Gallmon, 835 So.2d 389 (Fla.2d DCA 2003). Defendant further objectsto this request as it has the potentialofresultingin the disclosure of confidential business information or information protectedas trade secrets. Defendant may have reviewed such documents in preparationfor this deposition, but such documents are not discoverable. Request #5 - All ledgers, payout sheets, checks, cancelled checks or anv other documents demonstrating payments made bv Defendant to anvone including, but not limited to, Plaintiff, the insured, anvone one on behalf of Plaintiff or the insured, or anv third party. Defendant objects to this request as overbroad, vague, irrelevant and not reasonably calculated to lead to the discoveryof admissible evidence. Defendant further objectsto this request as it has the potential in the disclosure of information protectedas work product and/or of resulting BeharBehar * 490 Sawgrass Corporate Parkway, Suite 300, Sunrise, FL 33325 T: 954-990-8639 F: 954-332-9260 W: BeharBehar.com 7 of 12 by the attorney client privilege. to the extent Specifically, this request seeks Defendant's internal communications, such are protectedfrom disclosure. Additionally,an insurer's claim file constitutes work product and is protected from discoverypriorto a determination of coverage. See State Farm Fla. Ins. Co. v. Aloni, 101 So. 3d 412 (Fla.4?h DCA 2012). All communications between Defendant (or any of its agents or representatives)and the independent adjuser are protected by the work product doctrine. when an insurance company hires an external,licensed adjusteror to investigatea Additionally, reportedclaim, the hired adjusteris actingas an agent of the insurance company. See e.g. Home Ins. Co. v. Crawford & Co., 890 So. 2d 1186, 1188 (Fla.4?h DCA 2005) (an insurance adjuster acts As such, the documents and other tangiblethingsprepared by the on behalf of the insurer). adjuser actingon behalf of the insurer enjoy the same privilegesand protectionsfrom disclosure had the items been prepared or created by the insurance company itself. Id. Additionally, Defendant objects to this request because responsive underwriting documents are work product and non-discoverable pursuant to State Farm Fla. Ins. Co. v. Gallmon, 835 So.2d 389 (Fla.2d DCA 2003). Defendant further objectsto this request as it has ofresultingin the disclosure the potential of confidential business information or information protectedas trade secrets. Defendant may have reviewed such documents in preparationfor this deposition, but such documents are not discoverable. Request #7 - All photographs, video, maps, plats or anv other documentation Defendant, or anvone on Defendant's behalf, took showing the extent of the damage to the residence that is the subiect of this lawsuit. Defendant objectsto this request as overbroad, vague, irrelevant and not reasonably BeharBehar * 490 Sawgrass Corporate Parkway, Suite 300, Sunrise, FL 33325 T: 954-990-8639 F: 954-332-9260 W: BeharBehar.com 8 of 12 calculated to lead to the discoveryof admissible evidence. Defendant further objectsto this request as it has the potential in the disclosure of information protectedas work product. of resulting Additionally,an insurer's claim file constitutes work product and is protected from discoverypriorto a determination of coverage. See State Farm Fla. Ins. Co. v. Aloni, 101 So. 3d 412 (Fla.4?h DCA 2012). All communications between Defendant (or any of its agents or representatives)and the independent adjuser are protected by the work product doctrine. when an insurance company hires an external,licensed adjusteror to investigatea Additionally, reportedclaim, the hired adjusteris actingas an agent of the insurance company. See e.g. Home Ins. Co. v. Crawford & Co., 890 So. 2d 1186, 1188 (Fla.4?h DCA 2005) (an insurance adjuster acts As such, the documents and other tangiblethingsprepared by the on behalf of the insurer). adjuser actingon behalf of the insurer enjoy the same privilegesand protectionsfrom disclosure had the items been prepared or created by the insurance company itself. Id. Additionally, Defendant objects to this request because responsive underwriting documents are work product and non-discoverable pursuant to State Farm Fla. Ins. Co. v. Gallmon, 835 So.2d 389 (Fla.2d DCA 2003). Defendant further objectsto this request as it has ofresultingin the disclosure the potential of confidential business information or information protectedas trade secrets. Defendant may have reviewed such documents in preparationfor this deposition, but such documents are not discoverable. Request #8 - All evaluation or explanations in Defendant's possession describing how benefits, if anv, were paid to Plaintiff, the insured or anvone on behalf of the Plaintiff or insured. Defendant objectsto this request as it has the potentialof resultingin the disclosure of BeharBehar * 490 Sawgrass Corporate Parkway, Suite 300, Sunrise, FL 33325 T: 954-990-8639 F: 954-332-9260 W: BeharBehar.com 9 of 12 information protectedas work product and/or by To the extent this the attorney client privilege. request seeks Defendant's internal communications, such are protectedfrom disclosure. Additionally,an insurer's claim file constitutes work product and is protected from discoverypriorto a determination of coverage. See State Farm Fla. Ins. Co. v. Aloni, 101 So. 3d 412 (Fla.4?h DCA 2012). All communications between Defendant (or any of its agents or representatives)and the independent adjuser are protected by the work product doctrine. when an insurance company hires an external,licensed adjusteror to investigatea Additionally, reportedclaim, the hired adjusteris actingas an agent of the insurance company. See e.g. Home Ins. Co. v. Crawford & Co., 890 So. 2d 1186, 1188 (Fla.4?h DCA 2005) (an insurance adjuster acts As such, the documents and other tangiblethingsprepared by the on behalf of the insurer). adjuser actingon behalf of the insurer enjoy the same privilegesand protectionsfrom disclosure had the items been prepared or created by the insurance company itself. Id. Defendant may have reviewed such documents in preparationfor this deposition, but such documents are not discoverable. Request #11 - Anv witness statements. Defendant objectsto this request as overbroad, vague, irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. Defendant further objectsto this request as it has the ofresultingin the disclosure ofinformation protectedas work product and/or potential by the attorney client privilege. Additionally,an insurer's claim file constitutes work product and is protected from discoverypriorto a determination of coverage. See State Farm Fla. Ins. Co. v. Aloni, 101 So. 3d 412 (Fla.4?h DCA 2012). All communications between Defendant (or any of its agents or BeharBehar * 490 Sawgrass Corporate Parkway, Suite 300, Sunrise, FL 33325 T: 954-990-8639 F: 954-332-9260 W: BeharBehar.com 10 of 12 and the independent adjusterare protected by the work product doctrine. representatives) when an insurance company hires an external,licensed adjusteror Additionally, to a investigate reported claim, the hired adjusteris acting as an agent of the insurance company. See e.g. Home Ins. Co. v. Crawford & Co., 890 So. 2d 1186, 1188 (Fla.4?h DCA 2005) (an insurance adjuster acts As such, the documents and other tangiblethingspreparedby the on behalf of the insurer). adjuser actingon behalf of the insurer enjoy the same privilegesand protectionsfrom disclosure had the items been prepared or created by the insurance company itself. Id. Defendant further objectsto this request as it has ofresultingin the disclosure the potential of confidential business information or information protectedas trade secrets. Defendant may have reviewed such documents in preparationfor this deposition, but such documents are not discoverable. CONCLUSION The areas ofinquiryidentified by Plaintiff are objectionable and should be narrowed through a Protective Order prior to the depositionoccurring.Additionally,this Court should enter a protectiveorder protecting Defendant from producing certain items at the depositionof its Corporate Representative. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoingwas submitted on this l-* day of October 2021 via Electronic Mail on the following: Adam Chappel,Esq. Cohen Law Group 350 North Lake Destiny Rd Maitland, FL 32751 BeharBehar * 490 Sawgrass Corporate Parkway, Suite 300, Sunrise, FL 33325 T: 954-990-8639 F: 954-332-9260 W: BeharBehar.com 11 of 12 Telephone: (407) 478-4878 Facsimile: (407) 478-0204 Primary Email: achappel@itsaboutjustice.law Secondary Email: Jephte@itsaboutjustice.law Counsel for Plaintiffs Respectfullysubmitted, BeharBehar 490 Sawgrass Corporate Parkway Suite 300 Sunrise, FL 33325 Telephone: (954) 990-8639 Facsimile: (954) 332-9260 Email: ab@beharbehar.com By: /s/ Sharita Young Aaron Behar, Esq. Florida Bar No.. 166286 Caroline San, Esq. Florida Bar No.: 127424 Joshua Gluck, Esq. Florida Bar No.. 1010970 Sameka Thompson, Esq. Florida Bar No.. 120301 Sharita Young, Esq. Florida Bar No.. 112303 Counsel for Defendant BeharBehar * 490 Sawgrass Corporate Parkway, Suite 300, Sunrise, FL 33325 T: 954-990-8639 F: 954-332-9260 W: BeharBehar.com 12 of 12 "A ,, 1-XHIB 1 Filing# 126259539 E-Filed 05/05/2021 07:38:55 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO: CACE-21-007709 Lourdes de la Vega and Riaz Gaya, Plaintiffs, V. Centauri SpecialityInsurance Company, Defendant. i NOTICE OF TAKING DEPOSITION DUCES TECUM VIA VIRTUAL PLATFORM PLEASE TAKE NOTICE that a depositionwill be takingplace before VERITEXT, or some other Notary Public for the State of Florida at Large. Pursuant to Florida Rules of Civil Procedure 1.310(b)(6),Centauri SpecialityInsurance Company shall designate one or more officers,directors,or managing agents, or other persons who on consent to do so, to testify its behalf and may state the matters on which each person designatedwill testify.The persons so designatedshall testifyabout matters known or reasonably available to the organization.The attorney for the Plaintiff will be taking the depositionof the below listed individual via virtual platformpursuant to Administrative Order No. AOSC20-16. You are notified that we reserve the rightto record to depositionby stenographicmeans or by utilizingdigitalaudio recording equipment or any other alternative method of capture. DEPONENT: Defendant's Corporate Representative DATE: October 28, 2021 TIME: 2:00pm The depositionwill be taken via virtual platform before an associate or deputy court reporter of VERITEXT who is not of counsel to the partiesor interested in the events of this cause. This depositionis being taken for the purpose of discovery,for use at trial,or for such other purposes as are permittedunder the Florida Rules of Civil Procedure. This depositionwill continue from day to day until completed. The deponent should be prepared to provide testimonv regarding the subiect matter delineated in the attached Schedule "A" and the deponent should bring with them all documents responsive to the attached Scheduled "B". ***:Documents for which Defendant has raised,or intends to raise,a privilege(e.g., claims jile documents) need not be produced to for examination, Plaintiff however must be brought so that deponent may adequatelyrespond to non-privileged areas of inquiry*** CERTIFICATE OF SERVICE I HEREBY CERTIFY that on May 5, 2021, I filed the foregoingwith the electronically Clerk of the Court by using the Florida Courts E-FilingPortal which will send notice of this to counsel of record. electronic filing sl Adam Christopher Chappel COHEN LAW GROUP Adam ChristopherChappel, Esq. Florida Bar Number: 0126830 FOR THE FIRM 350 North Lake Destiny Road Maitland, Florida 32751 Primary: achappel@itsaboutjustice.law Secondary:jephte@itsaboutjustice.law Phone: (407) 478-4878 Fax: (407) 478-0204 Attorneys for Plaintiff Copy VERITEXT SCHEDULE A 1. The person(s)knowledgeable concerning any remediation services and remediation work performed at the insured property. 2. The person(s) knowledgeable concerning any repairsperformed at the insured property on or around 4/20/2020 through the present. 3 The person(s)knowledgeable concerning any water intrusion at the insured property for the claim in disputefor the instant matter. 4. The person(s) knowledgeable concerning any documents, records, or other information that identifies any individuals who visited the property on behalf of Centauri Speciality Insurance Company, or identifies services or work performed by individuals who visited the insured on or around 4/20/2020 through the present. 5. The person(s) knowledgeable concerning all photographs, videos or other depictionsof the insured property on or around 4/20/2020 through the present. 6. The persons(s)knowledgeable concerning payment issues, if any, to the Plaintiff or insured regarding the claim in disputefor the instant matter from the date of loss through the present. 7. The person(s)knowledgeable concerning any request for peer review or outside estimates made for comparison purposes in connection to the claim in disputefor the instant matter through the present. 8 The person(s) knowledgeable concerning Plaintiff's invoice and payment regarding the insured property for the claim in disputefor the instant matter, from date of loss through the present 9- The persons(s)knowledgeable concerning conversations between Plaintiff and Defendant regardingthe insured property for the claim in disputefor the instant matter, from date of loss through the present. 10. Concerning Defendant's Affirmative Defenses, responses to interrogatories, request for admissions and response to production. SCHEDULE B 1. All insurance policiesthat would inure to the benefit of Plaintiff,togetherwith any declaration of coverage page, sworn statement of corporate officer of Defendant attesting to the coverage and authenticity of the policyas requiredby Florida law. 2. The entire insurance file including,but not limited to the property damage file maintained by Defendant or anyone on Defendant's behalf with regard to Plaintiffto include: a) All notations regardingnotice of the accident time priorto suit being filed; b) All telephone messages between Plaintiff and Defendant, or anyone on Defendant's behalf; c) All estimates or reports prepared by Defendant, any governmental agencies, third Plaintiff or insured; parties, d) All interoffice memoranda; e) All correspondence to and from anyone, includinginsurance agencies,any authorization forms and any other insurance forms, insurance applications, forms contained in the file. 3. Copies of any and all forms, correspondence, or reports which Defendant or any of Defendant's agents acting on Defendant's behalf received from anyone concerning the damage to the residence that is the subjectofthis lawsuit. 4. All correspondence, forms, notes, notations, facsimiles, emails, text messages, memoranda or information which Defendant transmitted in any form to any appraisers, contractors, roofers,estimators,plumbers, engineersor other such individual or entity concerningthe damage to the residence that is the subjectof this lawsuit. 5. All ledgers, payout sheets, checks, cancelled checks or any other documents demonstrating payments made by Defendant to anyone including,but not limited to, the insured,anyone one on behalf o f Plaintiff or the insured,or any third party. Plaintiff, 6. Any and all statements Defendant or anyone on behalf of Defendant took of Plaintiff or the insured. 7. All photographs, video, maps, platsor any other documentation Defendant, or anyone on Defendant's behalf, took showing the extent of the damage to the residence that is the subjectofthis lawsuit. 8. All evaluation or explanations how benefits,if any, in Defendant's possessiondescribing were paid to Plaintiff, the insured or anyone on behalf ofthe Plaintiff or insured. 9. All letters of denial sent by Defendant the insured or to Plaintiff, anyone on Plaintiff or the insured's behalf. 10. All checks or drafts issued to the Plaintiff or insured or to any appraiser,estimator, contractor, roofer,plumber or other such individuals or entities on behalf of the Plaintiff or insured. 11. Any witness statements. *** :Documents for which Defendant has raised,or intends to raise,a privilege(e.g., claims jile documents) need not be produced to Plaintifffor examination, however must be brought so that deponent may adequately respond to non-privilegedareas of inquiry*** 1-XHIB 1 "B" Filing# 132225488 E-Filed 08/06/2021 05:14:28 PM TH IN THE CIRCUITCOURT OF THE 171 JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: CACE-21-007709 DIV: 02 LOURDES DE LA VEGA AND R-IAZ GAYA. Plaintiffs, VS. CENTAURI SPECIALTY INSURANCE COMPANY, Defendant. i DEFENDANT'S PRIVILEGE LOG COMES NOW, Defendant, CENTAURI SPECIALTY INSURANCE COMPANY "Defendant"),by and through its undersignedcounsel, and pursuant to Florida Rule (hereinafter of Civil Procedure 1.350, hereby provides notice of its express claim that the documents listed herein are privilegedor otherwise subject to protectionas trial preparation material. The documents are either privilege("AC"), the work product protectedpursuant to the attorney-client privilege("WP"), or other privileges("OP") as noted below. BeharBehar * 490 Sawgrass Corporate Parkway, Suite 300, Sunrise, FL 33325 T: 954-990-8639 F: 954-332-9260 W: BeharBehar.com lof5 Number Date of Document Brief Description Assertions 1 Privilegedinformation and Insurance Files Claims Investigation WP remains ongoing and continuing. 2 Privilegedinformation Audit Report WP/OP remains ongoing and continuing. 3 Privilegedinformation All internal writings,memoranda, WP/OP/AC remains ongoing and electronic material,notes or other materials continuing. reflectingexamination by the Defendant of the subjectloss. 4 Entries from January All correspondence,communications, WP/OP/AC 15,2021 to Present. exchanges, documents, work papers, notes or tangiblethingsprepared by Defendant or any agent of Defendant with respect to Plaintiff' s claims. 5 Privilegedinformation All internal training manuals, Guidelines, WP/OP/AC remains ongoing and policies& procedures. continuing. 6 Privilegedinformation All correspondencebetween Defendant and WP/OP/AC remains ongoing and itsagents includingemployees, inspectors, continuing. and representativesregarding claim number CL20208610. 7 Underwriting The entire underwritingfile. WP/OP 8 Entries from January Claim CL20208610 ActivityNotes WP/OP/AC 15,2021 throughApril 20,2021. 9 February 28, 2021 Invoice #8120526 from SDII Global WP/OP/AC Corporation. 10 MultipleDates. Emails between Defendant and Defense WP/OP/AC Counsel. 11 February 2,2021 Emails from SDII Global Corporationto WP/OP/AC February 3, 2021 Desk Adjuster,Wanda February 5,2021 BeharBehar * 490 Sawgrass Corporate Parkway, Suite 300, Sunrise, FL 33325 T: 954-990-8639 F: 954-332-9260 W: BeharBehar.com 2 of 5 February 8, 2021 February 10, 2021 February 16, 2021 February 23, 2021 March 1, 2021 12 January 15, 2021 ISO Claims Search Match Report Summary WP/OP/AC 13 January 15, 2021 Acknowledgment letter from IMS Claim WP/OP Services,Inc. and IMS Catastrophe Services,Inc. 14 January 19, 2021 Gerrard Smith, Report by field adjuster, WP/OP January 25, 2021 IMS Claim Services,Inc. and IMS CatastropheServices,Inc. 15 January 25, 2021 Invoice #SCS210000093-1764 from IMS WP/OP Claim Services,Inc. and IMS Catastrophe Services,Inc. 16 January 19, 2021 Dexter Historical Report by Athenium WP/OP Analytics. All the above-referenced documents are located at the offices of BeharBehar and those identified as "WP" were created by Defendant and/or its attorneys in antic*ation of litigation or after had been commenced in preparationfor trial. Other documents contain confidential litigation and proprietarybusiness information and are protectedas trade secrets or confidential business information. A more detailed descriptionof the documents would violate work product privilege, would invade the attorney-client and/or the undersignedcounsel's thoughtprocess, and/or privilege would disclose sensitive protectedconfidential information. Lastly,oral communications between Defendant and its attorneys were made during conferences either in person or via telephone,and where necessary are referenced herein. Defendant relies on the following case authorityin its responses to the Plaintiff's request for production: 1. State Farm Fla. Ins. Co. v. Aloni, 101 So. 3d 412 (Fla.4? th DCA 2012). BeharBehar * 490 Sawgrass Corporate Parkway, Suite 300, Sunrise, FL 33325