Preview
Filing# 137894513 E-Filed 1 1/04/2021 11:26:29 AM
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
Case No.: CACE-21-010649
GLORIA H. OLIVERAS & JOSE
OLIVERAS,
Plaintiffs,
V.
UNITED PROPERTY & CASUALTY
INSURANCE COMPANY,
Defendant.
i
DEFENDANT'S REQUEST TO PRODUCE TO PLAINTIFF
COMES NOW the Defendant, UNITED PROPERTY & CASUALTY INSURANCE
COMPANY, referred to as
(hereinafter
"
UNITED "),by and through its undersignedcounsel,and
hereby files this Request to GLORIA H.
Produce to Plaintiff, OLIVERAS & JOSE OLIVERAS,
to produce the followingdocuments for inspectionand/or copying within thirty
(30)days ofrece*t
of this request at the office specifiedbelow, in accordance with the Florida Rules of Civil
Procedure.
1. All estimates, proposals, contracts, permits, invoices, receipts,work orders,
payment applications, budgets,notes, memoranda, and any and
checks, drafts,ledgers, all other
documents regarding all repairand/or maintenance and/or improvement of the areas of damage
complained of,that allegedlyresulted from the loss at issue in this lawsuit.
2. Complete copiesof all contracts with all who have assisted you in
publicadjusters
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 11/04/2021 11:26:29 AM.****
any manner with the claim that is now the subjectofthe current lawsuit,as well as correspondence
exchanged between you and your publicadjuster,
any estimates prepared by your publicadjuster
and all photographs taken by your public adjuster.
3 Complete copies of all contracts with all water mitigationcompanies who have
assisted you in any manner with the claim that is now the subjectof the current lawsuit,as well as
correspondence exchanged between you and this water mitigation company, any estimates,
invoices,and photographstaken by this water mitigationcompany.
4. All photographs or other pictorialrepresentationsof all items claimed lost or
damaged as a result of the loss at issue in this lawsuit,includingall photographs and/or other
pictorial of the areas
representation in and around the property located at 2995 SW 174
,TH
Ave,
"Property"),at the time of,before and
Miramar, Florida 33029, (hereinafter after the loss.
5. Any and all documents, including all correspondence and/or written
communication from the Plaintiff or his/her agents to UNITED and/or UNITED'S agents,
pertainingto the loss/claim at issue in this lawsuit.
6. Any and all documents, including all correspondence and/or written
communication, from UNITED and/or UNITED' S agents to the Plaintiffs and/or his/her agents
pertaining to the loss at issue in this litigation.
7. Any and all reports of any and all experts, contractors, tile
engineers,inspectors,
companies, laboratories,water mitigation companies, testingcompanies, maintenance and/or
repaircompanies and/or individuals or the like who inspected or tested the Property and the
damages that allegedlyresulted from the loss at issue,includingbut not limited to, any and all
notes, field notes, photographs,videos, diagrams,drawings, sketches,memoranda, calculations,
plans, protocols, estimates, proposals, invoices, dry logs, background information,
correspondence,e-mail or any other documents concerning the loss at the Property or any part
thereof,and the allegedresulting
damages and/or repairs.
8. All policiesof insurance, whether in your name or any other name, for the loss
location,along with all memoranda or other documents relatingto
correspondence,applications,
the policieso f insurance from the time o f purchase o f the Property to the present.
9. All documents relatingto any priorlosses sustained at the Property including,but
not limited to, photographs,videos of damages, inventories of damaged property, estimates for
payments from any
repair,correspondence with insurer,correspondence with public adjusters,
proof of repairs,
insurer,contracts for repairs, and
warranties for said repairs,
invoices for repairs,
all records for payments for such as rece*ts and canceled checks, from the date ofpurchase
repairs,
of the Property to the present.
10. A complete permithistory,as well as any and all documents relatingto all building
permits/plumbingpermitsappliedfor and/or received for the repairofthe damages at the Property
as a result ofthe loss at issue in this litigation.
11. A complete permithistory,as well as any and all documents relatingto all building
renovations, or construction on
permits/roofpermits appliedfor and/or received for any repairs,
the Property since the purchase o f the Property.
12. A complete list of all items ofpersonalproperty claimed to have been damaged as
a result of the subjectloss,along with the dates the items were purchased and documentation of
ownership.
13. All records, receipts,
invoices, purchase orders, contracts, bills,payment slips,
checks, credit card slipsor other writingsrelatingto the existence,sale purchase,use, repairor
replacement of each and every item claimed lost or damaged as a result ofthe subjectloss.
14. All records, receipts,
invoices, purchase orders, contracts, bills,payment slips,
checks, credit card slipsor other writingsrelatingto the existence,sale,purchase,use, repairor
replacement of any part or section of the Property from the date of purchase through the present
date.
15. All records pertainingto the purchase of the Property including,
but not limited to,
the sales contract, the closing statement, all inspectionreports, all disclosure statements, and all
appraisals.
16. All documents and/or information relating or lawsuit involvingthe
to any litigation
Property during the last five years, includingforeclosure actions,includingthe styleof the case,
the names of all the names of attorneys
parties, for all the case number, the court and
parties,
division in which each case is pending, judgments and satisfaction ofjudgments.
17. Any and all when you
documentation reflecting first provided notice ofthe subject
loss to UNITED and/or UNITED's agents.
18. Any and all documentation reflectingwhen you first noticed the damages which
are the subjectofthis lawsuit.
19. All records or documents reflectingthe maintenance, repair, renovations,
remodeling or other improvements made to the subjectproperty from the date of purchase of the
Property to the present, including,but not limited to, cancelled
estimates, contracts, receipts,
checks, bills,invoices and permits pulled to make such repairs.
20. All records or documents reflectingthe maintenance, repair, renovations,
remodeling or other improvements made to the roofingsystem from the date o f purchase of the
Property to the present, including,but not limited to, estimates,contracts, receipts,
cancelled
invoices and permitspulledto
checks, bills, make such repairs.
21. Each and every estimate prepared on your behalf reflecting
the costs to repairany
allegeddamages to the Property that are at issue in this litigation.
22. All documentation relatingto all losses/damages to the Property from the date of
purchase of the Property to the present, including,but not limited to photographs, videos of
damages, inventories of the damaged property, estimates for repairs,
correspondencewith insurers,
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 4 day ofNovember, 2021, this document was filed using
the Florida Courts E-FilingPortal. This document is being served on all counsel and pro se parties
of record by the Florida Courts E-FilingPortal,pursuant to and in compliance with Fla. R. Jud.
Admin. 2.516. The mailing and electronic addresses are: Jamie Alvarez, Shield Law Group, P.A.,
15751 Sheridan
jamie@shieldlawgp.com;legalservice@shieldlawgp.com, Street # 300, Davie, FL
Jose Oliveras and Gloria H. Oliveras.
33331, Attorney for Plaintiffs,
KELLEY KRONENBERG
/s/ Harold B. Malcolm
Harold B. Malcolm, Esq.
Fla. Bar No. 1028008
Stephanie T. Merchant, Esq.
Fla.Bar No.. 1007142
Steven L. Scharf, Esq.
Fla.Bar No.: 77781
sscharf@kelleykronenberg.com
10360 West State Road 84
Fort Lauderdale, FL 33324
Telephone: (954) 370-9970
Facsimile: (954) 382-1988
Attorneys for United Property & Casualty
Insurance Company
Address for service of pleadingsonly
hmalcolm@kelleykronenberg.com
sscharf@kelleykronenberg.com
smerchant@kelleykronenberg.com
cvalerio@kelleykronenberg.com
Preview
Filing# 137894513 E-Filed 1 1/04/2021 11:26:29 AM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA Case No.: CACE-21-010649 GLORIA H. OLIVERAS & JOSE OLIVERAS, Plaintiffs, V. UNITED PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. i DEFENDANT'S REQUEST TO PRODUCE TO PLAINTIFF COMES NOW the Defendant, UNITED PROPERTY & CASUALTY INSURANCE COMPANY, referred to as (hereinafter " UNITED "),by and through its undersignedcounsel,and hereby files this Request to GLORIA H. Produce to Plaintiff, OLIVERAS & JOSE OLIVERAS, to produce the followingdocuments for inspectionand/or copying within thirty (30)days ofrece*t of this request at the office specifiedbelow, in accordance with the Florida Rules of Civil Procedure. 1. All estimates, proposals, contracts, permits, invoices, receipts,work orders, payment applications, budgets,notes, memoranda, and any and checks, drafts,ledgers, all other documents regarding all repairand/or maintenance and/or improvement of the areas of damage complained of,that allegedlyresulted from the loss at issue in this lawsuit. 2. Complete copiesof all contracts with all who have assisted you in publicadjusters *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 11/04/2021 11:26:29 AM.**** any manner with the claim that is now the subjectofthe current lawsuit,as well as correspondence exchanged between you and your publicadjuster, any estimates prepared by your publicadjuster and all photographs taken by your public adjuster. 3 Complete copies of all contracts with all water mitigationcompanies who have assisted you in any manner with the claim that is now the subjectof the current lawsuit,as well as correspondence exchanged between you and this water mitigation company, any estimates, invoices,and photographstaken by this water mitigationcompany. 4. All photographs or other pictorialrepresentationsof all items claimed lost or damaged as a result of the loss at issue in this lawsuit,includingall photographs and/or other pictorial of the areas representation in and around the property located at 2995 SW 174 ,TH Ave, "Property"),at the time of,before and Miramar, Florida 33029, (hereinafter after the loss. 5. Any and all documents, including all correspondence and/or written communication from the Plaintiff or his/her agents to UNITED and/or UNITED'S agents, pertainingto the loss/claim at issue in this lawsuit. 6. Any and all documents, including all correspondence and/or written communication, from UNITED and/or UNITED' S agents to the Plaintiffs and/or his/her agents pertaining to the loss at issue in this litigation. 7. Any and all reports of any and all experts, contractors, tile engineers,inspectors, companies, laboratories,water mitigation companies, testingcompanies, maintenance and/or repaircompanies and/or individuals or the like who inspected or tested the Property and the damages that allegedlyresulted from the loss at issue,includingbut not limited to, any and all notes, field notes, photographs,videos, diagrams,drawings, sketches,memoranda, calculations, plans, protocols, estimates, proposals, invoices, dry logs, background information, correspondence,e-mail or any other documents concerning the loss at the Property or any part thereof,and the allegedresulting damages and/or repairs. 8. All policiesof insurance, whether in your name or any other name, for the loss location,along with all memoranda or other documents relatingto correspondence,applications, the policieso f insurance from the time o f purchase o f the Property to the present. 9. All documents relatingto any priorlosses sustained at the Property including,but not limited to, photographs,videos of damages, inventories of damaged property, estimates for payments from any repair,correspondence with insurer,correspondence with public adjusters, proof of repairs, insurer,contracts for repairs, and warranties for said repairs, invoices for repairs, all records for payments for such as rece*ts and canceled checks, from the date ofpurchase repairs, of the Property to the present. 10. A complete permithistory,as well as any and all documents relatingto all building permits/plumbingpermitsappliedfor and/or received for the repairofthe damages at the Property as a result ofthe loss at issue in this litigation. 11. A complete permithistory,as well as any and all documents relatingto all building renovations, or construction on permits/roofpermits appliedfor and/or received for any repairs, the Property since the purchase o f the Property. 12. A complete list of all items ofpersonalproperty claimed to have been damaged as a result of the subjectloss,along with the dates the items were purchased and documentation of ownership. 13. All records, receipts, invoices, purchase orders, contracts, bills,payment slips, checks, credit card slipsor other writingsrelatingto the existence,sale purchase,use, repairor replacement of each and every item claimed lost or damaged as a result ofthe subjectloss. 14. All records, receipts, invoices, purchase orders, contracts, bills,payment slips, checks, credit card slipsor other writingsrelatingto the existence,sale,purchase,use, repairor replacement of any part or section of the Property from the date of purchase through the present date. 15. All records pertainingto the purchase of the Property including, but not limited to, the sales contract, the closing statement, all inspectionreports, all disclosure statements, and all appraisals. 16. All documents and/or information relating or lawsuit involvingthe to any litigation Property during the last five years, includingforeclosure actions,includingthe styleof the case, the names of all the names of attorneys parties, for all the case number, the court and parties, division in which each case is pending, judgments and satisfaction ofjudgments. 17. Any and all when you documentation reflecting first provided notice ofthe subject loss to UNITED and/or UNITED's agents. 18. Any and all documentation reflectingwhen you first noticed the damages which are the subjectofthis lawsuit. 19. All records or documents reflectingthe maintenance, repair, renovations, remodeling or other improvements made to the subjectproperty from the date of purchase of the Property to the present, including,but not limited to, cancelled estimates, contracts, receipts, checks, bills,invoices and permits pulled to make such repairs. 20. All records or documents reflectingthe maintenance, repair, renovations, remodeling or other improvements made to the roofingsystem from the date o f purchase of the Property to the present, including,but not limited to, estimates,contracts, receipts, cancelled invoices and permitspulledto checks, bills, make such repairs. 21. Each and every estimate prepared on your behalf reflecting the costs to repairany allegeddamages to the Property that are at issue in this litigation. 22. All documentation relatingto all losses/damages to the Property from the date of purchase of the Property to the present, including,but not limited to photographs, videos of damages, inventories of the damaged property, estimates for repairs, correspondencewith insurers, CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 4 day ofNovember, 2021, this document was filed using the Florida Courts E-FilingPortal. This document is being served on all counsel and pro se parties of record by the Florida Courts E-FilingPortal,pursuant to and in compliance with Fla. R. Jud. Admin. 2.516. The mailing and electronic addresses are: Jamie Alvarez, Shield Law Group, P.A., 15751 Sheridan jamie@shieldlawgp.com;legalservice@shieldlawgp.com, Street # 300, Davie, FL Jose Oliveras and Gloria H. Oliveras. 33331, Attorney for Plaintiffs, KELLEY KRONENBERG /s/ Harold B. Malcolm Harold B. Malcolm, Esq. Fla. Bar No. 1028008 Stephanie T. Merchant, Esq. Fla.Bar No.. 1007142 Steven L. Scharf, Esq. Fla.Bar No.: 77781 sscharf@kelleykronenberg.com 10360 West State Road 84 Fort Lauderdale, FL 33324 Telephone: (954) 370-9970 Facsimile: (954) 382-1988 Attorneys for United Property & Casualty Insurance Company Address for service of pleadingsonly hmalcolm@kelleykronenberg.com sscharf@kelleykronenberg.com smerchant@kelleykronenberg.com cvalerio@kelleykronenberg.com