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Filing # 131030854 E-Filed 07/20/2021 02:30:57 PM
IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
CASE NO. CACE-21-011872
KEVIN WILSON and MONICA
READY,
Plaintiffs,
V
UNIVERSAL PROPERTY &
CASUALTY INSURANCE COMPANY,
a Florida corporation,
Defendant.
AMENDED NOTICE OF TAKING DEPOSITIONDUCES TECUM
(This deposition was coordinatedwith counselfor Defendant.)
To:
Julissa Nethersole, Esq.
Attorney for Universal Property & Casualty Insurance Company
PO Box 9388
Fort Lauderdale,Florida 33310
PLEASE TAKE NOTICE that the undersigned law firmwill take the deposition of.
Deponent
Date and Time
Location
Pursuant to Fla. R. Civ. P.
1.310(b)(6), Defendant's
January 4h, 2022
corporate representativeas to
10:00 am
Via Zoom Video Conference
the areas of inquiry and
productionlisted in Schedules
A and B
Upon oral examination before the above listed court reporter, Reporting Service, Notary
Public, or any other Notary Public or other officer authorized by law to take depositions in the
State of Florida. The oral examinations will continue from day to day until completed. The
depositions are being taken for the purpose of discovery, for use at trial, or for such other
purposes as are permitted under Florida Rules of Civil Procedure 1.280, 1.310, 1.350, 1.360,
1.380,1.390,and l.410.
Universal Property & Casualty Insurance Company's corporate representative is
requested. The attached Schedule "B" outlines the documents requested to be produced by
UniversalProperty & Casualty Insurance Company's corporate representative.
In an effort to expedite the deposition, Plaintiffs' counsel requests that the requested
documents responsiveto Schedule "B" be produced at least ten (10) days before the date of the
File Ref.: 13116- Notice ofTaking Deposition Duces Tecum
page 1 of5
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 07/20/2021 02:30:57 PM.****
deposition to allow the parties to conduct the depositions quickly and efficiently. This will
eliminate the need for Plaintiffs' counsel to review the documents for the first time at the
deposition. Plaintiffs will reimburse deponent for all reasonable costs associated with producing
the requested documentsprior to the deposition.
Further, to the extent that Defendant claims any privilege or confidentiality applies to the
documents requested, you must object in writing well in advance of this deposition date, and the
deponent(s) is directed to bring such other responsivedocumentsto the deposition(s) so that they
can fully answer all of Plaintiffs' counsel's questions. As Rule 1.280(b)(5) of the Florida Rules of
Civil Procedure provides, you must provide an appropriate Privilege Log as to all documentsto
which such Privilege is asserted. Plaintiffs request that Defendant make any such privileged
documents available to Defendant's designee during the deposition so that Defendant's designee
may fully answer all questions. Such review will not be deemed a waiver of any claimed
privilege.
AMERICANS WITH DISABILITIES ACT. If you are a person with a disability who
needs any accommodation in order to partic*ate in this proceeding, you are entitled, at no cost to
you, to the provision of certain assistance. Please contact the ADA Coordinator, Room 470, 201
S.E. Sixth Street, Fort Lauderdale, Florida 33301, 954-831-7721 at least 7 days before your
scheduled court appearance, or immediately upon receiving this notification if the time before
the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on July 20, 2021, a true and correct copy of the foregoing
was
emailed
to:
Julissa
Nethersole,
Respectfully submitted,
/s/ Dustin Hite
Florida Professional Law Group, PLLC
Dustin Hite, Esq.
Florida Bar No. 1002251
4600 Sheridan St., Suite 303
Hollywood, FL 33021
Tel. (954) 284-0900
Fax. (954) 284-0747
E-mail: dhite@flplg.corn
E-mail: eservice@flplg.com
File Ref.: 13116- Notice ofTaking Deposition Duces Tecum
Page 2 of5
SCHEDULE "A"
Plaintiffs are requesting the examination of Universal Property & Casualty Insurance
Company on the following mattersl:
1.
All facts and circumstances surrounding the application for insurance on the subject
Property;
2.
All facts and circumstances surrounding the underwriting of Policy number 1501-1002-
0913 (the "Policy");
3.
All facts and circumstances surrounding the condition of the Property at the time the
Policy was issued;
4.
All facts and circumstances surrounding the notification of claim # FL20-0132852-E317
(the "Claim");
5.
All facts and circumstancessurrounding the investigation ofthe Claim;
6.
the person(s) involved in adjustingthe subjectClaim;
7.
All facts and circumstances surrounding the determination for coverage or (select) of the
Claim;
8.
All inspections conducted on Defendant's behalf at the Property (the "Inspections")
located at 11215 NW 71st Ct, Parkland FL 33076 (the "Property");
9.
All correspondence or communications regarding the Claim, between (i) Plaintiff or
Plaintiff'srepresentatives and (ii) Defendant or Defendant's representatives;
10. All correspondence or communications regarding the subject Policy, between (i) Plaintiff
or Plaintiff's representatives and (ii) Defendant or Defendant's representatives;
11. All informationgatheredby Defendant in regards to the Claim, including, but not limited
to, witness statements,photographs,videos, reports, invoices, and estimates;
12. All information gathered by Defendant in regards to the Property, including, but not
limited to, witness statements, photographs,videos, reports, invoices, and estimates;
13. All Defendant's affirmative defenses and the factual basis in supportthereof;
14. All Defendant's responses to: Plaintiffs' Interrogatories, Request for Production, and
Request for Admissions;
15. All policy exclusions asserted by Defendant;
16. All circumstancessurrounding Defendant's anticipation of litigation.
1 See Fla. R. Civ. P., Rule 1.310(b)(6);Plaintiffis NOT requestingthatDefendantproduce these documents.
File Ref.: 13116- Notice ofTaking Deposition Duces Tecum
page 3 of5
SCHEDULE "B"
Documentsto Bring:
1. All documents showing Plaintiffs' reporting ofthe claim.
2. All documents showing the investigation ofthe claim prior to Defendant issuing any coverage
determination or denial in part or whole.
3. All documents evidencing correspondence betweenDefendant and any Plaintiff(s).
4. All documents evidencing correspondence,agreements,or writings of any kind between
Defendant and anyone (other than legal counsel) relatingto any Plaintiff(s)or this claim.
5. All estimates prepared by or on behalfof Defendant that are in any way related to Plaintiffs'
Claim.
6. All photographs and/or videos relating to the Insured Property or your investigation.
7. All signed sworn proofs of loss submittedby any Insured(s)to Defendant regarding the Loss.
8. All documents supporting or pertainingto Defendant'saffirmative defensesor Notice of
Taking Deposition Duces Tecum Page 6 of 7 that otherwise supportDefendant'sreasons for
denyingpayment to Plaintiffs.
9. All documents showing the investigation ofthe claim after Defendant issued any denial in part
or whole.
10. All documents Defendant provided to the person(s) who investigated, adjusted, or otherwise
evaluated Plaintiffs' Claim.
11. All underwritingdocumentsin any way relatingto the condition ofthe Insured Property
before the date of loss.
12. All correspondence and documents betweenDefendant and any third party/parties, excluding
Defendant'sattorney, in any way related to (1) the condition ofthe InsuredPropertybefore the
Loss; or (2) the damage to the Insured Propertysustained during the Loss.
13. All documents showing or pertainingto any repairs made to the Insured Propertyfollowing
the Loss.
14. All recorded statements regarding the Loss given or provided by anyone besides
the insureds. This request seeks a copy ofthe recording itself, not Defendant'stranscriptofthe
recorded statement.
15. All transcriptsof any recorded statements or ExaminationsUnder Oath regarding the Loss.
16. All building permits and all other records obtainedfrom the county or other municipality,
applicableto the InsuredProperty covering a five-year span prior to the Date of Loss. (If
File Ref.: 13116- Notice ofTaking Deposition Duces Tecum
Page 4 of5
Defendant has documents responsive to this request that go back fartherthan five years before
the date of loss that Defendant contends are relevantto Defendant'scoverage determination
regarding Insureds' Claim, Defendant is requested to produce those as well.).
17. All documents evidencing any paymentsmade by Defendant to any Insured(s), for the
Insureds ' benefit, involving a prior claim made by any Insured(s), and/or related to prior damage
sustained by any Insured(s) involving the Insured Property.
18. All written or computerizedrecords of any investigation or adjustment activitiesby
Defendant and its adjusers, from the date of loss through the earlier ofthe date ofthis lawsuit or
the date litigationwas first anticipated by Defendant, regarding Plaintiffs' Claim.
19. All activity logs, diaries, claim notes, or log notes created by any adjuster;third party/parties;
or claim representative, manager, or supervisor of Defendant during the adjustment of the
Insureds' Claim up until the date ofthis lawsuit or the date Defendant reasonably anticipated
litigationin connection with the Claim at issue in this action.
20. All reports prepared by or on behalfof Defendant and in any way related to Notice of Taking
Deposition Duces Tecum Page 7 of 7 Defendant'sinvestigation,evaluation, and/or handling of
Plaintiffs' Claim.
21. All damage estimates, reports, or memorandamade by Defendant'sadjuster(s)regarding the
extent of damage of Plaintiffs' Claim.
22. A certified copy ofthe policy of insurance in effect on the Date of Loss.
23. All property damage inventories, estimates, or reports prepared and/or received by
Defendant, as well as all documents, statements, notes, measurements,test results, and/or related
materialsrelied upon by Defendant in reaching Defendant'sconclusionto deny Plaintiffs' Claim.
24. All service agreements between Defendant and any third-partyvendor(s) who reviewed
and/or assisted with Plaintiffs' Claim.
25. All communications between Defendant and any third-party vendor(s) who reviewed and/or
assisted with Plaintiffs' Claim.
26. All documents Defendant will rely on in testifying to the areas of inquiry listed in Schedule
"A" during Defendant'scorporate representative'sdeposition.
File Ref.: 13116- Notice ofTaking Deposition Duces Tecum
page 5 of5
Preview
Filing # 131030854 E-Filed 07/20/2021 02:30:57 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO. CACE-21-011872 KEVIN WILSON and MONICA READY, Plaintiffs, V UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, a Florida corporation, Defendant. AMENDED NOTICE OF TAKING DEPOSITIONDUCES TECUM (This deposition was coordinatedwith counselfor Defendant.) To: Julissa Nethersole, Esq. Attorney for Universal Property & Casualty Insurance Company PO Box 9388 Fort Lauderdale,Florida 33310 PLEASE TAKE NOTICE that the undersigned law firmwill take the deposition of. Deponent Date and Time Location Pursuant to Fla. R. Civ. P. 1.310(b)(6), Defendant's January 4h, 2022 corporate representativeas to 10:00 am Via Zoom Video Conference the areas of inquiry and productionlisted in Schedules A and B Upon oral examination before the above listed court reporter, Reporting Service, Notary Public, or any other Notary Public or other officer authorized by law to take depositions in the State of Florida. The oral examinations will continue from day to day until completed. The depositions are being taken for the purpose of discovery, for use at trial, or for such other purposes as are permitted under Florida Rules of Civil Procedure 1.280, 1.310, 1.350, 1.360, 1.380,1.390,and l.410. Universal Property & Casualty Insurance Company's corporate representative is requested. The attached Schedule "B" outlines the documents requested to be produced by UniversalProperty & Casualty Insurance Company's corporate representative. In an effort to expedite the deposition, Plaintiffs' counsel requests that the requested documents responsiveto Schedule "B" be produced at least ten (10) days before the date of the File Ref.: 13116- Notice ofTaking Deposition Duces Tecum page 1 of5 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 07/20/2021 02:30:57 PM.**** deposition to allow the parties to conduct the depositions quickly and efficiently. This will eliminate the need for Plaintiffs' counsel to review the documents for the first time at the deposition. Plaintiffs will reimburse deponent for all reasonable costs associated with producing the requested documentsprior to the deposition. Further, to the extent that Defendant claims any privilege or confidentiality applies to the documents requested, you must object in writing well in advance of this deposition date, and the deponent(s) is directed to bring such other responsivedocumentsto the deposition(s) so that they can fully answer all of Plaintiffs' counsel's questions. As Rule 1.280(b)(5) of the Florida Rules of Civil Procedure provides, you must provide an appropriate Privilege Log as to all documentsto which such Privilege is asserted. Plaintiffs request that Defendant make any such privileged documents available to Defendant's designee during the deposition so that Defendant's designee may fully answer all questions. Such review will not be deemed a waiver of any claimed privilege. AMERICANS WITH DISABILITIES ACT. If you are a person with a disability who needs any accommodation in order to partic*ate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator, Room 470, 201 S.E. Sixth Street, Fort Lauderdale, Florida 33301, 954-831-7721 at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on July 20, 2021, a true and correct copy of the foregoing was emailed to: Julissa Nethersole, Respectfully submitted, /s/ Dustin Hite Florida Professional Law Group, PLLC Dustin Hite, Esq. Florida Bar No. 1002251 4600 Sheridan St., Suite 303 Hollywood, FL 33021 Tel. (954) 284-0900 Fax. (954) 284-0747 E-mail: dhite@flplg.corn E-mail: eservice@flplg.com File Ref.: 13116- Notice ofTaking Deposition Duces Tecum Page 2 of5 SCHEDULE "A" Plaintiffs are requesting the examination of Universal Property & Casualty Insurance Company on the following mattersl: 1. All facts and circumstances surrounding the application for insurance on the subject Property; 2. All facts and circumstances surrounding the underwriting of Policy number 1501-1002- 0913 (the "Policy"); 3. All facts and circumstances surrounding the condition of the Property at the time the Policy was issued; 4. All facts and circumstances surrounding the notification of claim # FL20-0132852-E317 (the "Claim"); 5. All facts and circumstancessurrounding the investigation ofthe Claim; 6. the person(s) involved in adjustingthe subjectClaim; 7. All facts and circumstances surrounding the determination for coverage or (select) of the Claim; 8. All inspections conducted on Defendant's behalf at the Property (the "Inspections") located at 11215 NW 71st Ct, Parkland FL 33076 (the "Property"); 9. All correspondence or communications regarding the Claim, between (i) Plaintiff or Plaintiff'srepresentatives and (ii) Defendant or Defendant's representatives; 10. All correspondence or communications regarding the subject Policy, between (i) Plaintiff or Plaintiff's representatives and (ii) Defendant or Defendant's representatives; 11. All informationgatheredby Defendant in regards to the Claim, including, but not limited to, witness statements,photographs,videos, reports, invoices, and estimates; 12. All information gathered by Defendant in regards to the Property, including, but not limited to, witness statements, photographs,videos, reports, invoices, and estimates; 13. All Defendant's affirmative defenses and the factual basis in supportthereof; 14. All Defendant's responses to: Plaintiffs' Interrogatories, Request for Production, and Request for Admissions; 15. All policy exclusions asserted by Defendant; 16. All circumstancessurrounding Defendant's anticipation of litigation. 1 See Fla. R. Civ. P., Rule 1.310(b)(6);Plaintiffis NOT requestingthatDefendantproduce these documents. File Ref.: 13116- Notice ofTaking Deposition Duces Tecum page 3 of5 SCHEDULE "B" Documentsto Bring: 1. All documents showing Plaintiffs' reporting ofthe claim. 2. All documents showing the investigation ofthe claim prior to Defendant issuing any coverage determination or denial in part or whole. 3. All documents evidencing correspondence betweenDefendant and any Plaintiff(s). 4. All documents evidencing correspondence,agreements,or writings of any kind between Defendant and anyone (other than legal counsel) relatingto any Plaintiff(s)or this claim. 5. All estimates prepared by or on behalfof Defendant that are in any way related to Plaintiffs' Claim. 6. All photographs and/or videos relating to the Insured Property or your investigation. 7. All signed sworn proofs of loss submittedby any Insured(s)to Defendant regarding the Loss. 8. All documents supporting or pertainingto Defendant'saffirmative defensesor Notice of Taking Deposition Duces Tecum Page 6 of 7 that otherwise supportDefendant'sreasons for denyingpayment to Plaintiffs. 9. All documents showing the investigation ofthe claim after Defendant issued any denial in part or whole. 10. All documents Defendant provided to the person(s) who investigated, adjusted, or otherwise evaluated Plaintiffs' Claim. 11. All underwritingdocumentsin any way relatingto the condition ofthe Insured Property before the date of loss. 12. All correspondence and documents betweenDefendant and any third party/parties, excluding Defendant'sattorney, in any way related to (1) the condition ofthe InsuredPropertybefore the Loss; or (2) the damage to the Insured Propertysustained during the Loss. 13. All documents showing or pertainingto any repairs made to the Insured Propertyfollowing the Loss. 14. All recorded statements regarding the Loss given or provided by anyone besides the insureds. This request seeks a copy ofthe recording itself, not Defendant'stranscriptofthe recorded statement. 15. All transcriptsof any recorded statements or ExaminationsUnder Oath regarding the Loss. 16. All building permits and all other records obtainedfrom the county or other municipality, applicableto the InsuredProperty covering a five-year span prior to the Date of Loss. (If File Ref.: 13116- Notice ofTaking Deposition Duces Tecum Page 4 of5 Defendant has documents responsive to this request that go back fartherthan five years before the date of loss that Defendant contends are relevantto Defendant'scoverage determination regarding Insureds' Claim, Defendant is requested to produce those as well.). 17. All documents evidencing any paymentsmade by Defendant to any Insured(s), for the Insureds ' benefit, involving a prior claim made by any Insured(s), and/or related to prior damage sustained by any Insured(s) involving the Insured Property. 18. All written or computerizedrecords of any investigation or adjustment activitiesby Defendant and its adjusers, from the date of loss through the earlier ofthe date ofthis lawsuit or the date litigationwas first anticipated by Defendant, regarding Plaintiffs' Claim. 19. All activity logs, diaries, claim notes, or log notes created by any adjuster;third party/parties; or claim representative, manager, or supervisor of Defendant during the adjustment of the Insureds' Claim up until the date ofthis lawsuit or the date Defendant reasonably anticipated litigationin connection with the Claim at issue in this action. 20. All reports prepared by or on behalfof Defendant and in any way related to Notice of Taking Deposition Duces Tecum Page 7 of 7 Defendant'sinvestigation,evaluation, and/or handling of Plaintiffs' Claim. 21. All damage estimates, reports, or memorandamade by Defendant'sadjuster(s)regarding the extent of damage of Plaintiffs' Claim. 22. A certified copy ofthe policy of insurance in effect on the Date of Loss. 23. All property damage inventories, estimates, or reports prepared and/or received by Defendant, as well as all documents, statements, notes, measurements,test results, and/or related materialsrelied upon by Defendant in reaching Defendant'sconclusionto deny Plaintiffs' Claim. 24. All service agreements between Defendant and any third-partyvendor(s) who reviewed and/or assisted with Plaintiffs' Claim. 25. All communications between Defendant and any third-party vendor(s) who reviewed and/or assisted with Plaintiffs' Claim. 26. All documents Defendant will rely on in testifying to the areas of inquiry listed in Schedule "A" during Defendant'scorporate representative'sdeposition. File Ref.: 13116- Notice ofTaking Deposition Duces Tecum page 5 of5