Preview
Filing# 142402102 E-Filed 01/21/2022 11:21:33 AM
INTHE CIRCUIT COURT OF THE 17th
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO.. CACE-21-010498 (12)
CARLOS ORTUNO,
Plaintiff.
VS.
CITIZENS PROPERTY INSURANCE
CORPORATION, a Florida governmental
entity,
Defendant.
i
DEFENDANT'S NOTICE OF SERVING
FIRST SET OF INTERROGATORIES TO PLAINTIFF
The Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, a Florida
governmental entity,by and through its undersigned counsel, propounds its First Set of
to the Plaintiff,
Interrogatories pursuant to Fla. R. Civ. P. 1.340, to be answered in writingunder
oath.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been
filed
electronically on January 21, 2022, to: Janelys Holland, Esq., The Firm Law Group, 14100
Palmetto Frontage Road Suite 370, Miami Lakes, FL 33016 (Service@firmlawgroup.com;
Jany@firmlawgroup.com; Nesy@firmlawgroup.corn).
VERNIS & BOWLING OF BROWARD, P.A.
5821 Hollywood Boulevard
Hollywood, Florida 33021
Phone: (954) 927-5330
Fax: (954) 927-5320
Attorney for Defendant,
By: is/ Jess Aberman
Jess Aberman, Esquire
Florida Bar No.. 76812
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 01/21/2022 11:21:33 AM.****
DEFINITIONS
As used throughout these Interrogatories,
the followingterms are defined as follows:
1. "You," "your," "Insured(s),"and "Plaintiff(s)," refers to Plaintiff,its agents, attorneys,
and all other individuals actingor purportingto act on their behalf.
representatives,
2. "All" shall be understood to include and encompass "all."
3. "Any" shall be understood to include and encompass "any."
4. "Defendant" and "Citizens" refers to Citizens Property Insurance Corporation,its agents,
attorneys and/or representatives.
5. "Identify"shall have the followingmeanings:
a. With regardto individuals,state the name and last known employment, employment title,
employment address and telephonenumber, and home address and telephonenumber.
b. With regard name, type of entity,state of corporation,
to business entities,state the
princ*al business address and telephonenumber.
c. With regard to documents: author(s)and recipient(s),
state the all individuals or entities
having possessionor the rightto possessionof original(s)
or copies thereof,and state the
date,number ofpages, and type of each document
6. "Person" refers to any natural person, individual, proprietorship,
partnership,corporation,
jointventure, firm, other business enterprise,
association,organization, government body,
group or natural persons, or other entity.
7. "Repairs" or "replacements"refer to any major restorations made to the subjectProperty to
restore it to its former condition. This does not include minimal restorations such as painting
and cleaning.
CLAIMS OF PRIVILEGE
If any document or statement is withheld from this request under a claim ofprivilege,
then
pleasefurnish a list which identifies each document or statement for which privilege
is claims and
include the following information of each such document.
a.
Descriptionsufficient to identifythe document or statement;
b. The date(s);
C The subjectmatter(s)
e. The sender(s)or author(s)
f. The recipient(s);
e. The person to whom copieswere furnished,togetherwith their job title;
f. The present depositoryor person having custody of the document;
go The nature and basis of privilegeor immunity claim; and
h. The paragraph(s)of this request to which each such document or statement relates
or corresponds.
INTERROGATORIES TO PLAINTIFF
1. What is name(s) and current address(es) of the person(s) answering these
the
and, if applicable,
interrogatories with the party to whom
the person'sofficial relationship
the interrogatories
are directed?
2. Please list the name(s), current address(s),and contact information, includingphone
number(s) and email address(es),of all people that resided at, rented and/or otherwise
occupied the subjectproperty on the date o f loss allegedin the Complaint.
3. Please the name(s), current address(s),and contact information, including phone
list
number(s) and email address(es),of all people that resided at, rented and/or otherwise
occupied the subjectproperty from January 1, 2018 to the date of loss allegedin the
Complaint.
4. Please the name(s), current address(s),and contact information, including phone
list
number(s) and email address(es), of all people that resided at, rented and/or otherwise
occupied the subjectproperty from the date of loss allegedin the Complaint to the present.
5. Who Dos Santos and what is his/her relation to the current homeowners and/or
is Charlie
to the subjectproperty?What is his/her current address, phone number and email address?
6. Indicate when you last repairedand/or replacedany part(s)of your roof,what part(s)of the
roof it was, who did the work, what is that person's/company'sname, phone number and
email address, and why and when that work was done.
7. Are you currentlyrepairingand/or replacingany part(s)ofyour roof? If so, pleaseindicate
what part(s)of the roof you are repairingand/or replacing,what person or company is
doing the work, that person's/company's name, phone number and email address, and why
this work is being done.
8. Explain why you waited until February of 2021 to report this loss.
9. Have you even been on your roof? If so, when and for what reason(s)?
10. List the names, phone numbers and email addresses of everyone that has been on the roof
sinceyou have lived at the property, whether they were on the roof before and/or after the
reporteddate of loss,and what he/she was doing on the roof each time he/she was on it.
11. What repairs,
if any, did you make after you received money from Citizens in connection
with your Hurricane Irma claim? Please provide documentary evidence of these repairs.
12. Please identifyall priorand current mortgagees on the subjectresidence and/or property
and the current balances of said mortgages.
13. List the Insured's employment historyfor the past 5 years, includingthe employers'names,
business addresses, dates of employment and a briefjob descriptionfor each.
14. List all former names of the insured(s)and when the insured(s) was/were known by those
names, as well as all addresses where the insured(s)has/have lived for the past ten (10)
years, the dates the insured(s)lived at each address, and if they have ever been married,
the name of each insured's current and past spouse or spouses.
15. Explain in detail the damages that you are claiming occurred to the subjectproperty and
what you believe caused them.
damages that you are claiming have been sustained to the subjectproperty,
16. List in detail the
amount to repair/replace,
includingthe dollar as a result ofthe allegedloss set forth in your
Complaint, providing the area(s)or location(s)in the property where such damages
allegedlyoccurred.
17. Please state the dollar amount of the claim for damages you are seeking
with specificity
againstthe Defendant in this action and explain how you computed each category of
damage for the claim set forth.
18. State with specificity each and every act or omission which you contend constituted a
breach of contract on the part of the Defendant, as allegedin your Complaint.
19. Have you made any additions,modifications, renovations, or repairsto the subject
the names and addresses of all
residence since the date ofpurchase? If so, pleaseidentify
person(s), roofer(s), handymen, engineer(s),
architect(s), contractor(s),subcontractor(s),
and/or their agent(s)who performed such work on the subjectresidence from the date of
purchase to the present. (This interrogatoryincludes structural,exterior,interior,and
cosmetic work on the home.) If no such professionalperformed said work, please list the
names and addresses of all persons who did.
20. For the entities or persons identified in the above Interrogatory,pleasestate the date you
entered into contracts or agreements with these entities or persons and describe the type of
work each entityor person was to providerelatingto the subjectresidence. Ifno contract
was entered into,please state the date the work began and ended and describe the type of
work each entityor person provided.
21. Have you had any of the damages alleged in your Complaint repaired? If so, please
describe each of the repairsthat were made, when the work was done, the name, phone
number and email address ofthe persons who performed the work, the cost relating
to each
of the repairwork, who paid for this work, and whether there are invoices that remain
outstanding.
22. Please state the known by you
names and addresses of any persons/entities to have
inspectedthe subjectresidence at any time between the date of purchase and the present.
As to each such person/entity,
state when they inspectedthe property, for what reason, and
what did they do as a result of their inspection.
23. Identifyeach and every person by name and phone number, address and email address,
known to you, your agents, or attorneys, who has knowledge about, or possession,custody
or control of any model, plat,map, drawing, motion picture,video tape, or photograph
pertainingto any fact or issue involved in this controversy, and describe as to each such
person, what item such person knows about, or has possessioncustody or control of.
24. Identifyeach and every person by name and phone number, address and email address,
who are believed or known by you, your agents or attorneys to have any knowledge
concerning any of the issues in this lawsuit,and specifythe subjectmatter about which
each person you identifyhas knowledge.
25. Please provide the name of any and all insurers that have provided insurance coverage of
any kind to the subjectproperty, and, as to each, provide the policynumber and available
coverage(s)and limit(s)
of coverage.
26. Please list all claim(s)made
by the insured(s)for any type of sought-afterinsurance
proceedsagainstany insurance company(ies)in any way related to the premises and/or its
contents from the date the insured(s)
purchased the property to the present, and state the
dates such claims were made, the allegeddate(s)of loss,the allegedcause(s)of loss,the
name(s) of the insurance company(ies),the amount(s) claimed, and the amount(s) paid,if
any.
27. Please provide the names and addresses of any and all persons known by you or your
attorney to have reported the damages alleged in your Complaint to your insurance
company or agent at any time followingthe loss as allegedin your Complaint and describe
the manner in which it was reported(telephone,
email, etc.)as well as the time and date.
28. Please state the date the certificate of occupancy or
original certificate of completionwas
issued for the subjectresidence.
29. Please state the closingdate on the purchase of the subjectresidence.
Name Printed
STATE OF
) SS
COUNTY OF
BEFORE ME, the undersigned authority,
personallyappeared
who, being by me first duly sworn and who is personallyknown to me or produced
,
as identification and did/did not take an oath, deposes and says
that the foregoingAnswers to Interrogatories
propounded on the - day of ,
2022 are
true and correct to the best of his/her knowledge and that he/she has read the foregoingAnswers
and knows the contents thereof.
AFFIANT
SWORN TO AND SUBSCRIBED before me this dayor ,2022.
Notary Public, State of Florida
Printed Notary Name:
My Commission Expires.
Preview
Filing# 142402102 E-Filed 01/21/2022 11:21:33 AM INTHE CIRCUIT COURT OF THE 17th JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.. CACE-21-010498 (12) CARLOS ORTUNO, Plaintiff. VS. CITIZENS PROPERTY INSURANCE CORPORATION, a Florida governmental entity, Defendant. i DEFENDANT'S NOTICE OF SERVING FIRST SET OF INTERROGATORIES TO PLAINTIFF The Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, a Florida governmental entity,by and through its undersigned counsel, propounds its First Set of to the Plaintiff, Interrogatories pursuant to Fla. R. Civ. P. 1.340, to be answered in writingunder oath. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been filed electronically on January 21, 2022, to: Janelys Holland, Esq., The Firm Law Group, 14100 Palmetto Frontage Road Suite 370, Miami Lakes, FL 33016 (Service@firmlawgroup.com; Jany@firmlawgroup.com; Nesy@firmlawgroup.corn). VERNIS & BOWLING OF BROWARD, P.A. 5821 Hollywood Boulevard Hollywood, Florida 33021 Phone: (954) 927-5330 Fax: (954) 927-5320 Attorney for Defendant, By: is/ Jess Aberman Jess Aberman, Esquire Florida Bar No.. 76812 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 01/21/2022 11:21:33 AM.**** DEFINITIONS As used throughout these Interrogatories, the followingterms are defined as follows: 1. "You," "your," "Insured(s),"and "Plaintiff(s)," refers to Plaintiff,its agents, attorneys, and all other individuals actingor purportingto act on their behalf. representatives, 2. "All" shall be understood to include and encompass "all." 3. "Any" shall be understood to include and encompass "any." 4. "Defendant" and "Citizens" refers to Citizens Property Insurance Corporation,its agents, attorneys and/or representatives. 5. "Identify"shall have the followingmeanings: a. With regardto individuals,state the name and last known employment, employment title, employment address and telephonenumber, and home address and telephonenumber. b. With regard name, type of entity,state of corporation, to business entities,state the princ*al business address and telephonenumber. c. With regard to documents: author(s)and recipient(s), state the all individuals or entities having possessionor the rightto possessionof original(s) or copies thereof,and state the date,number ofpages, and type of each document 6. "Person" refers to any natural person, individual, proprietorship, partnership,corporation, jointventure, firm, other business enterprise, association,organization, government body, group or natural persons, or other entity. 7. "Repairs" or "replacements"refer to any major restorations made to the subjectProperty to restore it to its former condition. This does not include minimal restorations such as painting and cleaning. CLAIMS OF PRIVILEGE If any document or statement is withheld from this request under a claim ofprivilege, then pleasefurnish a list which identifies each document or statement for which privilege is claims and include the following information of each such document. a. Descriptionsufficient to identifythe document or statement; b. The date(s); C The subjectmatter(s) e. The sender(s)or author(s) f. The recipient(s); e. The person to whom copieswere furnished,togetherwith their job title; f. The present depositoryor person having custody of the document; go The nature and basis of privilegeor immunity claim; and h. The paragraph(s)of this request to which each such document or statement relates or corresponds. INTERROGATORIES TO PLAINTIFF 1. What is name(s) and current address(es) of the person(s) answering these the and, if applicable, interrogatories with the party to whom the person'sofficial relationship the interrogatories are directed? 2. Please list the name(s), current address(s),and contact information, includingphone number(s) and email address(es),of all people that resided at, rented and/or otherwise occupied the subjectproperty on the date o f loss allegedin the Complaint. 3. Please the name(s), current address(s),and contact information, including phone list number(s) and email address(es),of all people that resided at, rented and/or otherwise occupied the subjectproperty from January 1, 2018 to the date of loss allegedin the Complaint. 4. Please the name(s), current address(s),and contact information, including phone list number(s) and email address(es), of all people that resided at, rented and/or otherwise occupied the subjectproperty from the date of loss allegedin the Complaint to the present. 5. Who Dos Santos and what is his/her relation to the current homeowners and/or is Charlie to the subjectproperty?What is his/her current address, phone number and email address? 6. Indicate when you last repairedand/or replacedany part(s)of your roof,what part(s)of the roof it was, who did the work, what is that person's/company'sname, phone number and email address, and why and when that work was done. 7. Are you currentlyrepairingand/or replacingany part(s)ofyour roof? If so, pleaseindicate what part(s)of the roof you are repairingand/or replacing,what person or company is doing the work, that person's/company's name, phone number and email address, and why this work is being done. 8. Explain why you waited until February of 2021 to report this loss. 9. Have you even been on your roof? If so, when and for what reason(s)? 10. List the names, phone numbers and email addresses of everyone that has been on the roof sinceyou have lived at the property, whether they were on the roof before and/or after the reporteddate of loss,and what he/she was doing on the roof each time he/she was on it. 11. What repairs, if any, did you make after you received money from Citizens in connection with your Hurricane Irma claim? Please provide documentary evidence of these repairs. 12. Please identifyall priorand current mortgagees on the subjectresidence and/or property and the current balances of said mortgages. 13. List the Insured's employment historyfor the past 5 years, includingthe employers'names, business addresses, dates of employment and a briefjob descriptionfor each. 14. List all former names of the insured(s)and when the insured(s) was/were known by those names, as well as all addresses where the insured(s)has/have lived for the past ten (10) years, the dates the insured(s)lived at each address, and if they have ever been married, the name of each insured's current and past spouse or spouses. 15. Explain in detail the damages that you are claiming occurred to the subjectproperty and what you believe caused them. damages that you are claiming have been sustained to the subjectproperty, 16. List in detail the amount to repair/replace, includingthe dollar as a result ofthe allegedloss set forth in your Complaint, providing the area(s)or location(s)in the property where such damages allegedlyoccurred. 17. Please state the dollar amount of the claim for damages you are seeking with specificity againstthe Defendant in this action and explain how you computed each category of damage for the claim set forth. 18. State with specificity each and every act or omission which you contend constituted a breach of contract on the part of the Defendant, as allegedin your Complaint. 19. Have you made any additions,modifications, renovations, or repairsto the subject the names and addresses of all residence since the date ofpurchase? If so, pleaseidentify person(s), roofer(s), handymen, engineer(s), architect(s), contractor(s),subcontractor(s), and/or their agent(s)who performed such work on the subjectresidence from the date of purchase to the present. (This interrogatoryincludes structural,exterior,interior,and cosmetic work on the home.) If no such professionalperformed said work, please list the names and addresses of all persons who did. 20. For the entities or persons identified in the above Interrogatory,pleasestate the date you entered into contracts or agreements with these entities or persons and describe the type of work each entityor person was to providerelatingto the subjectresidence. Ifno contract was entered into,please state the date the work began and ended and describe the type of work each entityor person provided. 21. Have you had any of the damages alleged in your Complaint repaired? If so, please describe each of the repairsthat were made, when the work was done, the name, phone number and email address ofthe persons who performed the work, the cost relating to each of the repairwork, who paid for this work, and whether there are invoices that remain outstanding. 22. Please state the known by you names and addresses of any persons/entities to have inspectedthe subjectresidence at any time between the date of purchase and the present. As to each such person/entity, state when they inspectedthe property, for what reason, and what did they do as a result of their inspection. 23. Identifyeach and every person by name and phone number, address and email address, known to you, your agents, or attorneys, who has knowledge about, or possession,custody or control of any model, plat,map, drawing, motion picture,video tape, or photograph pertainingto any fact or issue involved in this controversy, and describe as to each such person, what item such person knows about, or has possessioncustody or control of. 24. Identifyeach and every person by name and phone number, address and email address, who are believed or known by you, your agents or attorneys to have any knowledge concerning any of the issues in this lawsuit,and specifythe subjectmatter about which each person you identifyhas knowledge. 25. Please provide the name of any and all insurers that have provided insurance coverage of any kind to the subjectproperty, and, as to each, provide the policynumber and available coverage(s)and limit(s) of coverage. 26. Please list all claim(s)made by the insured(s)for any type of sought-afterinsurance proceedsagainstany insurance company(ies)in any way related to the premises and/or its contents from the date the insured(s) purchased the property to the present, and state the dates such claims were made, the allegeddate(s)of loss,the allegedcause(s)of loss,the name(s) of the insurance company(ies),the amount(s) claimed, and the amount(s) paid,if any. 27. Please provide the names and addresses of any and all persons known by you or your attorney to have reported the damages alleged in your Complaint to your insurance company or agent at any time followingthe loss as allegedin your Complaint and describe the manner in which it was reported(telephone, email, etc.)as well as the time and date. 28. Please state the date the certificate of occupancy or original certificate of completionwas issued for the subjectresidence. 29. Please state the closingdate on the purchase of the subjectresidence. Name Printed STATE OF ) SS COUNTY OF BEFORE ME, the undersigned authority, personallyappeared who, being by me first duly sworn and who is personallyknown to me or produced , as identification and did/did not take an oath, deposes and says that the foregoingAnswers to Interrogatories propounded on the - day of , 2022 are true and correct to the best of his/her knowledge and that he/she has read the foregoingAnswers and knows the contents thereof. AFFIANT SWORN TO AND SUBSCRIBED before me this dayor ,2022. Notary Public, State of Florida Printed Notary Name: My Commission Expires.