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Filing # 133325500 E-Filed 08/24/2021 04:20:52 PM
IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO.:
CLAIRCILIA DORESTE, FLORIDA BAR NO.: 127612
Plaintiff,
VS.
AMERICAN SECURITY
INSURANCE COMPANY,
Defendant.
PLAINTIFF'S FIRST INTERROGATORIES TO DEFENDANT
COMES NOW, the Plaintiff, CLAIRCILIA DORESTE, by and through undersigned
counsel, pursuant to Rules 1.280 and 1.340 of the Florida Rules of Civil Procedure, and
propounds upon the Defendant, AMERICAN SECURITY INSURANCE COMPANY, the
attached eleven (11) Interrogatories to be answered under oath and in writing within forty-
five (45) days after service thereof.
I HEREBY CERTIFY that a true and correct copy of the foregoing was served
attached with the Original Summons and Complaint.
Thomas J. Morgan, Jr., Esquire
MORGAN LAW GROUP, P.A.
Attorneys for Plaintiffs
55 Merrick Way, Suite 404
Coral Gables, Florida 33134
Phone: 305.569.9900
Fax : 305.443.6828
By: /s/ Thomas J. Morgan
Thomas J. Morgan, Jr.
***
FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 08/24/2021 04:20:50 PM.****
INTERROGATORIES TO DEFENDANT
"You(r)" as used in these Interrogatories means your corporation, company or
partnership, or anyone who handles, adjusts or investigates claims on its behalf.
1. State your complete corporate name, nature of your business, whether you are
licensed to do business in the State of Florida, whether you maintain agents for the
transacting of your customary business in any particularcounty, and whether your name
as it appears in the Plaintiffs Complaint is correct.
2. State the name, residence address, business address, telephone number, and
position/job title of the individual answering these Interrogatories.
3. Listthe names, addressesand telephone numbers of all persons believed or known
by you, your agents or attorneys to have knowledge concerning any of the issues raised
bythe pleadings, specifying the subject matter about which the witnesses have knowledge
and state whether you have obtained any statements (oral, written and/or recorded) from
anyof said witnesses, Iistthe dates anysuch witness statements were taken, bywhom any
such witness statements were taken, and who has present possession, custody and
control of any such statements.
4. State any and all provisions of the subject policy relied upon by Defendant for
denial, non-payment and/or reduction of Plaintiff's claim.
5. List the names, residence addresses, business addresses and telephone numbers
of all persons who, on your behalf or on behalf of your agents or representatives, have in
any way participated in the investigations, adjusting or handling of the Plaintiff's claim
involved herein and specify the date and the nature of the participation of each such
person.
6. Do you intend to call upon any expert witness at the trial of this case? If so, please
identify each witness as follows: his/her name, qualifications as an expert, substance of
theiropinions to which they are expected to testify, summary of the factual grounds for
each opinion, and provide a list of all claim files and/or court cases for which you have
hired the same expert witness in the last two (2) years.
7. For any and all policy defenses which you reasonably believe are available with
regard to the claim made by the Plaintiff herein: describe in detail the factual and legal
basis for any such defenses and give complete names, residence addresses, business
addresses, and telephone numbers of each and every person believed or known by you,
your agents, representatives, orattorneys, to have any knowledge of the facts which
provide the basis for any such defenses.
8. Provide complete list of all payments made to or on behalf of the Plaintiff for the
a
subject loss, specifying the nature of the services rendered, the provider of the services,
the amount of the charges, the date the charges were incurred, the date you first had
notice of the charges, and the date the charges were paid by you.
9. List the names, addresses and official positions of each and every person in your
employ or employ of anyone on your behalf, who has had any involvement in the
in the
review of the denial or withholding of payment of the Plaintiffs claim and state in what
capacity they were involved, the date they were involved and the nature of their
involvement.
10. With regard to the Plaintiffs First Requestto Produce, for each item on the Request
to Produce of which you are withholding production claiming any privilege (work
please state, with respect to each such document.
(a) The date of the document; the number of pages of the document; the type
of document involved and its general subject matter without disclosing its contents; and,
the names, business addresses, residence addresses and telephone numbers of all
persons who prepared the document or to whom the document was directed.
(b) The privilege upon the Defendant relies on withholding the document; all
facts upon which the Defendant relies in support of the privilege; the names, business
addresses, residence addresses, telephone numbers, positions and occupations of all
persons known or believed by Defendant to have knowledge concerning the factual basis
for Defendant's assertion of privilege with regard to the documents;
(c) Any policy provisions, statutory language orcase law which Defendant relies
upon in claiming the privilege.
11. With regard to each and every one of the above Interrogatories, for each
Interrogatorywhichyou are refusing to answer, claiming a privilege(work producUattorney-
clienUetc.), please state:
(a) The privilege upon which Defendant relies in refusing to answer the
Interrogatory, and, all facts which are relied upon in support of the privilege.
(b) The names, residence addresses, business addresses, telephone numbers,
positions and occupations of all persons known or believed by Defendant to have
knowledge concerning the factual basis for Defendant's assertion of privilege with regard
to the information.
(c) Any policy provisions, statutory language orcase law which Defendant relies
upon in claiming the privilege.
Affiant:
STATE OF FLORIDA
COUNTY OF
BEFORE ME, the undersigned authority, personally appeared
, who, being first duly sworn, on oath deposes and says that the foregoing Answers
to Interrogatories are true and correct, and that he/she has read the Answers to
Interrogatories and knows the contents thereof.
SWORN TO AND SUBSCRIBED before me this - day of ,20-.
NOTARY PUBLIC
My commission expires:
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Filing # 133325500 E-Filed 08/24/2021 04:20:52 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO.: CLAIRCILIA DORESTE, FLORIDA BAR NO.: 127612 Plaintiff, VS. AMERICAN SECURITY INSURANCE COMPANY, Defendant. PLAINTIFF'S FIRST INTERROGATORIES TO DEFENDANT COMES NOW, the Plaintiff, CLAIRCILIA DORESTE, by and through undersigned counsel, pursuant to Rules 1.280 and 1.340 of the Florida Rules of Civil Procedure, and propounds upon the Defendant, AMERICAN SECURITY INSURANCE COMPANY, the attached eleven (11) Interrogatories to be answered under oath and in writing within forty- five (45) days after service thereof. I HEREBY CERTIFY that a true and correct copy of the foregoing was served attached with the Original Summons and Complaint. Thomas J. Morgan, Jr., Esquire MORGAN LAW GROUP, P.A. Attorneys for Plaintiffs 55 Merrick Way, Suite 404 Coral Gables, Florida 33134 Phone: 305.569.9900 Fax : 305.443.6828 By: /s/ Thomas J. Morgan Thomas J. Morgan, Jr. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 08/24/2021 04:20:50 PM.**** INTERROGATORIES TO DEFENDANT "You(r)" as used in these Interrogatories means your corporation, company or partnership, or anyone who handles, adjusts or investigates claims on its behalf. 1. State your complete corporate name, nature of your business, whether you are licensed to do business in the State of Florida, whether you maintain agents for the transacting of your customary business in any particularcounty, and whether your name as it appears in the Plaintiffs Complaint is correct. 2. State the name, residence address, business address, telephone number, and position/job title of the individual answering these Interrogatories. 3. Listthe names, addressesand telephone numbers of all persons believed or known by you, your agents or attorneys to have knowledge concerning any of the issues raised bythe pleadings, specifying the subject matter about which the witnesses have knowledge and state whether you have obtained any statements (oral, written and/or recorded) from anyof said witnesses, Iistthe dates anysuch witness statements were taken, bywhom any such witness statements were taken, and who has present possession, custody and control of any such statements. 4. State any and all provisions of the subject policy relied upon by Defendant for denial, non-payment and/or reduction of Plaintiff's claim. 5. List the names, residence addresses, business addresses and telephone numbers of all persons who, on your behalf or on behalf of your agents or representatives, have in any way participated in the investigations, adjusting or handling of the Plaintiff's claim involved herein and specify the date and the nature of the participation of each such person. 6. Do you intend to call upon any expert witness at the trial of this case? If so, please identify each witness as follows: his/her name, qualifications as an expert, substance of theiropinions to which they are expected to testify, summary of the factual grounds for each opinion, and provide a list of all claim files and/or court cases for which you have hired the same expert witness in the last two (2) years. 7. For any and all policy defenses which you reasonably believe are available with regard to the claim made by the Plaintiff herein: describe in detail the factual and legal basis for any such defenses and give complete names, residence addresses, business addresses, and telephone numbers of each and every person believed or known by you, your agents, representatives, orattorneys, to have any knowledge of the facts which provide the basis for any such defenses. 8. Provide complete list of all payments made to or on behalf of the Plaintiff for the a subject loss, specifying the nature of the services rendered, the provider of the services, the amount of the charges, the date the charges were incurred, the date you first had notice of the charges, and the date the charges were paid by you. 9. List the names, addresses and official positions of each and every person in your employ or employ of anyone on your behalf, who has had any involvement in the in the review of the denial or withholding of payment of the Plaintiffs claim and state in what capacity they were involved, the date they were involved and the nature of their involvement. 10. With regard to the Plaintiffs First Requestto Produce, for each item on the Request to Produce of which you are withholding production claiming any privilege (work please state, with respect to each such document. (a) The date of the document; the number of pages of the document; the type of document involved and its general subject matter without disclosing its contents; and, the names, business addresses, residence addresses and telephone numbers of all persons who prepared the document or to whom the document was directed. (b) The privilege upon the Defendant relies on withholding the document; all facts upon which the Defendant relies in support of the privilege; the names, business addresses, residence addresses, telephone numbers, positions and occupations of all persons known or believed by Defendant to have knowledge concerning the factual basis for Defendant's assertion of privilege with regard to the documents; (c) Any policy provisions, statutory language orcase law which Defendant relies upon in claiming the privilege. 11. With regard to each and every one of the above Interrogatories, for each Interrogatorywhichyou are refusing to answer, claiming a privilege(work producUattorney- clienUetc.), please state: (a) The privilege upon which Defendant relies in refusing to answer the Interrogatory, and, all facts which are relied upon in support of the privilege. (b) The names, residence addresses, business addresses, telephone numbers, positions and occupations of all persons known or believed by Defendant to have knowledge concerning the factual basis for Defendant's assertion of privilege with regard to the information. (c) Any policy provisions, statutory language orcase law which Defendant relies upon in claiming the privilege. Affiant: STATE OF FLORIDA COUNTY OF BEFORE ME, the undersigned authority, personally appeared , who, being first duly sworn, on oath deposes and says that the foregoing Answers to Interrogatories are true and correct, and that he/she has read the Answers to Interrogatories and knows the contents thereof. SWORN TO AND SUBSCRIBED before me this - day of ,20-. NOTARY PUBLIC My commission expires: