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Filing # 141922006 E-Filed 01/13/2022 11:21:09 AM
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
IN AND FOR MIAMI-DADE COUNTY, FLORIDA
ORTELIO ARCIA, SARA ARCIA AND CASE NO.: 2021-023146-CA-01
TATIANA L. ARCIA, JUDGE: PEDRO P. ECHARTE, JR.
Plaintiff(s),
v.
SOUTHERN FIDELITY INSURANCE
COMPANY
Defendant.
_________________________________________/
DEFENDANT’S RESPONSES TO PLAINTIFFS’ REQUEST FOR PRODUCTION
Defendant, SOUTHERN FIDELITY INSURANCE COMPANY, (hereinafter
“SOUTHERN FIDELITY”), by and through undersigned counsel, and pursuant to Fla. R. Civ. P.
1.350, serves its Responses to Plaintiffs’ First Request for Production and states as follows:
1. Any insurance policies which you issued to the Plaintiffs, together with the declaration of
coverage page.
RESPONSE:
Objection: overly broad, irrelevant. Subject to and without waiving said
objections, please see attached certified policy which was in effect during the
reported date of loss.
2. A sworn statement of a corporate officer of Defendant attesting to the coverage and authenticity
of the policy submitted in response to Request 1.
RESPONSE:
Please see attached certified copy of the subject policy.
3. All documents reflecting any payment made to any person or entity for any reason as a result of
Plaintiffs’ claim.
RESPONSE:
No coverage payments were issued to the Plaintiffs or their representatives. To the
extent this request seeks documents related to payments made to the individuals
who inspected the subject residence, Defendant objects to the production of such
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documents as irrelevant; vague and ambiguous; over broad; not reasonably
calculated to lead to discovery of admissible evidence; work product; and
impermissible “bad faith” discovery in this first-party action over indemnification
of homeowner insurance benefits where liability and extent of damages owed are at
issue.
4. All tapes and/or transcripts of statements or summaries thereof taken of any person, including but
not limited to Examinations Under Oath, affidavits and other statements of any kind regarding
Plaintiffs’ claim.
RESPONSE:
None.
5. All documents concerning correspondence between Plaintiffs, or any representative of Plaintiffs,
and any representative of Defendant regarding Plaintiffs’ claim.
RESPONSE:
Please see attached.
6. All documents which support any affirmative defense you may assert or intend to assert regarding
Plaintiffs’ claim.
RESPONSE:
Objection: irrelevant; vague and ambiguous; over broad; not reasonably calculated
to lead to discovery of admissible evidence; work product; and impermissible “bad
faith” discovery in this first-party action over indemnification of homeowner
insurance benefits where liability and extent of damages owed are at issue.
Subject to and without waiving said objections, please see attached.
7. All documents which support any of your denials of any allegations in the Complaint.
RESPONSE:
Objection: irrelevant; vague and ambiguous; over broad; not reasonably calculated
to lead to discovery of admissible evidence; work product; and impermissible “bad
faith” discovery in this first-party action over indemnification of homeowner
insurance benefits where liability and extent of damages owed are at issue.
Subject to and without waiving said objections, please see attached.
8. All documents that may support the Plaintiffs’ claims.
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RESPONSE:
Objection: vague, ambiguous.
9. All reports and current curriculum vitae from any expert(s) whether, intended to be witnesses or
not, retained for any reason concerning Plaintiffs’ claims.
RESPONSE:
Discovery is in its infancy and experts have not been determined at this time.
10. All documents regarding the claims of the Plaintiffs’ not subject to the work product of attorney-
client privilege, including but not limited to email or other written documents of anykind or
correspondence with Plaintiffs, Plaintiffs’ assignor (the insured), Plaintiffs’ counsel, experts,
independent adjusters, appraisers, inspectors, and any other third party, or to anyone in the
company for which the Adjuster works or provides services.
RESPONSE:
Objection: irrelevant; vague and ambiguous; over broad; not reasonably calculated
to lead to discovery of admissible evidence; work product; and impermissible “bad
faith” discovery in this first-party action over indemnification of homeowner
insurance benefits where liability and extent of damages owed are at issue.
Subject to and without waiving said objections, please see attached.
11. All documents regarding the claim contained within the claims file, including but not limited to
email or other written documents of any kind or correspondence with Plaintiffs, Plaintiffs’
assignor (the insured), Plaintiffs’ counsel, experts, independent adjusters, appraisers, inspectors,
and any other third party, or to anyone in the company for which the adjuster works or provides
services. Enclose the required “privilege log” for any documents you deemto be subject to a
privilege.
RESPONSE:
Objection: irrelevant; vague and ambiguous; over broad; not reasonably calculated
to lead to discovery of admissible evidence; work product; and impermissible “bad
faith” discovery in this first-party action over indemnification of homeowner
insurance benefits where liability and extent of damages owed are at issue.
Subject to and without waiving said objections, please see attached.
12. All documents relating to an examination of Plaintiffs’ dwelling by Defendant or its agents.
RESPONSE:
Objection: irrelevant; vague and ambiguous; over broad; not reasonably calculated
to lead to discovery of admissible evidence; work product; and impermissible “bad
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faith” discovery in this first-party action over indemnification of homeowner
insurance benefits where liability and extent of damages owed are at issue.
Subject to and without waiving said objections, please see attached.
13. All photographs or video depictions of Plaintiffs’ property in the possession of the Defendant or
any agent of Defendant.
RESPONSE:
Objection: irrelevant; vague and ambiguous; over broad; not reasonably calculated
to lead to discovery of admissible evidence; work product; and impermissible “bad
faith” discovery in this first-party action over indemnification of homeowner
insurance benefits where liability and extent of damages owed are at issue.
Subject to and without waiving said objections, please see attached.
14. All proofs of loss received by Defendant from Plaintiffs or any representative of Plaintiffs.
RESPONSE:
None.
15. All documents estimating the cost to repair to Plaintiffs’ house and property.
RESPONSE:
Objection: irrelevant; vague and ambiguous; over broad; not reasonably calculated
to lead to discovery of admissible evidence; work product; and impermissible “bad
faith” discovery in this first-party action over indemnification of homeowner
insurance benefits where liability and extent of damages owed are at issue.
16. All documents sent to the State of Florida or any of its agencies related to Plaintiffs’ claim.
RESPONSE:
Objection: irrelevant; vague and ambiguous; over broad; not reasonably calculated
to lead to discovery of admissible evidence; work product; and impermissible “bad
faith” discovery in this first-party action over indemnification of homeowner
insurance benefits where liability and extent of damages owed are at issue.
17. All documents related to the date and time any of Defendant’s agents went onto Plaintiffs’ real
property.
RESPONSE:
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Objection: irrelevant; vague and ambiguous; over broad; not reasonably calculated
to lead to discovery of admissible evidence; work product; and impermissible “bad
faith” discovery in this first-party action over indemnification of homeowner
insurance benefits where liability and extent of damages owed are at issue.
Subject to and without waiving said objections, please see attached.
18. All documents reflecting how and when you became aware that the Plaintiffs were represented by
the undersigned counsel.
RESPONSE:
Please see attached.
19. Any documents reflecting any scientific or other authority (e.g., treatises, books, studies, software
programs, etc.) relied upon by the Defendant in adjusting the claim or determining any amount
Defendant would or would not pay to Plaintiffs.
RESPONSE:
Objection: irrelevant; vague and ambiguous; over broad; not reasonably calculated
to lead to discovery of admissible evidence; work product; and impermissible “bad
faith” discovery in this first-party action over indemnification of homeowner
insurance benefits where liability and extent of damages owed are at issue.
20. Any documents that explains why the Defendant has not paid this claim.
RESPONSE:
Please see attached coverage determination letter dated 8/19/21.
21. Documents evidencing payments made to Plaintiffs by you relating to this claim, including those
that simply reference such payment or refusal to pay or any other kind of payment or refusal to
pay.
RESPONSE:
Please see attached coverage determination letter dated 8/19/21.
22. Any and all documents relating to any attempts by Defendant at requesting/invoking any
appraisal or mediation under the policy with the insured and/or the Plaintiffs regarding the
charges in dispute, prior to the filing of this action.
RESPONSE:
None.
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 13th day of January 2022, I electronically filed the
foregoing with the Clerk of the Courts by using the ECF system, which will send a notice of
electronic filing to Lazaro De La Noval, Esq., Grande Law, P.A., eservice@whwglaw.com
SOUTHERN FIDELITY INSURANCE
COMPANY
In-House Litigation Counsel
2 S. University Drive, Suite 110
Plantation, FL 33324
Phone: (850) 906-1251
pfernandez@pmains.com
KMcConnachie @pmains.com
By: /s/ Patricia E. Fernandez
PATRICIA E. FERNANDEZ, ESQ.
Florida Bar No.: 98610
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Filing # 141922006 E-Filed 01/13/2022 11:21:09 AM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA ORTELIO ARCIA, SARA ARCIA AND CASE NO.: 2021-023146-CA-01 TATIANA L. ARCIA, JUDGE: PEDRO P. ECHARTE, JR. Plaintiff(s), v. SOUTHERN FIDELITY INSURANCE COMPANY Defendant. _________________________________________/ DEFENDANT’S RESPONSES TO PLAINTIFFS’ REQUEST FOR PRODUCTION Defendant, SOUTHERN FIDELITY INSURANCE COMPANY, (hereinafter “SOUTHERN FIDELITY”), by and through undersigned counsel, and pursuant to Fla. R. Civ. P. 1.350, serves its Responses to Plaintiffs’ First Request for Production and states as follows: 1. Any insurance policies which you issued to the Plaintiffs, together with the declaration of coverage page. RESPONSE: Objection: overly broad, irrelevant. Subject to and without waiving said objections, please see attached certified policy which was in effect during the reported date of loss. 2. A sworn statement of a corporate officer of Defendant attesting to the coverage and authenticity of the policy submitted in response to Request 1. RESPONSE: Please see attached certified copy of the subject policy. 3. All documents reflecting any payment made to any person or entity for any reason as a result of Plaintiffs’ claim. RESPONSE: No coverage payments were issued to the Plaintiffs or their representatives. To the extent this request seeks documents related to payments made to the individuals who inspected the subject residence, Defendant objects to the production of such Page 1 of 6 documents as irrelevant; vague and ambiguous; over broad; not reasonably calculated to lead to discovery of admissible evidence; work product; and impermissible “bad faith” discovery in this first-party action over indemnification of homeowner insurance benefits where liability and extent of damages owed are at issue. 4. All tapes and/or transcripts of statements or summaries thereof taken of any person, including but not limited to Examinations Under Oath, affidavits and other statements of any kind regarding Plaintiffs’ claim. RESPONSE: None. 5. All documents concerning correspondence between Plaintiffs, or any representative of Plaintiffs, and any representative of Defendant regarding Plaintiffs’ claim. RESPONSE: Please see attached. 6. All documents which support any affirmative defense you may assert or intend to assert regarding Plaintiffs’ claim. RESPONSE: Objection: irrelevant; vague and ambiguous; over broad; not reasonably calculated to lead to discovery of admissible evidence; work product; and impermissible “bad faith” discovery in this first-party action over indemnification of homeowner insurance benefits where liability and extent of damages owed are at issue. Subject to and without waiving said objections, please see attached. 7. All documents which support any of your denials of any allegations in the Complaint. RESPONSE: Objection: irrelevant; vague and ambiguous; over broad; not reasonably calculated to lead to discovery of admissible evidence; work product; and impermissible “bad faith” discovery in this first-party action over indemnification of homeowner insurance benefits where liability and extent of damages owed are at issue. Subject to and without waiving said objections, please see attached. 8. All documents that may support the Plaintiffs’ claims. Page 2 of 6 RESPONSE: Objection: vague, ambiguous. 9. All reports and current curriculum vitae from any expert(s) whether, intended to be witnesses or not, retained for any reason concerning Plaintiffs’ claims. RESPONSE: Discovery is in its infancy and experts have not been determined at this time. 10. All documents regarding the claims of the Plaintiffs’ not subject to the work product of attorney- client privilege, including but not limited to email or other written documents of anykind or correspondence with Plaintiffs, Plaintiffs’ assignor (the insured), Plaintiffs’ counsel, experts, independent adjusters, appraisers, inspectors, and any other third party, or to anyone in the company for which the Adjuster works or provides services. RESPONSE: Objection: irrelevant; vague and ambiguous; over broad; not reasonably calculated to lead to discovery of admissible evidence; work product; and impermissible “bad faith” discovery in this first-party action over indemnification of homeowner insurance benefits where liability and extent of damages owed are at issue. Subject to and without waiving said objections, please see attached. 11. All documents regarding the claim contained within the claims file, including but not limited to email or other written documents of any kind or correspondence with Plaintiffs, Plaintiffs’ assignor (the insured), Plaintiffs’ counsel, experts, independent adjusters, appraisers, inspectors, and any other third party, or to anyone in the company for which the adjuster works or provides services. Enclose the required “privilege log” for any documents you deemto be subject to a privilege. RESPONSE: Objection: irrelevant; vague and ambiguous; over broad; not reasonably calculated to lead to discovery of admissible evidence; work product; and impermissible “bad faith” discovery in this first-party action over indemnification of homeowner insurance benefits where liability and extent of damages owed are at issue. Subject to and without waiving said objections, please see attached. 12. All documents relating to an examination of Plaintiffs’ dwelling by Defendant or its agents. RESPONSE: Objection: irrelevant; vague and ambiguous; over broad; not reasonably calculated to lead to discovery of admissible evidence; work product; and impermissible “bad Page 3 of 6 faith” discovery in this first-party action over indemnification of homeowner insurance benefits where liability and extent of damages owed are at issue. Subject to and without waiving said objections, please see attached. 13. All photographs or video depictions of Plaintiffs’ property in the possession of the Defendant or any agent of Defendant. RESPONSE: Objection: irrelevant; vague and ambiguous; over broad; not reasonably calculated to lead to discovery of admissible evidence; work product; and impermissible “bad faith” discovery in this first-party action over indemnification of homeowner insurance benefits where liability and extent of damages owed are at issue. Subject to and without waiving said objections, please see attached. 14. All proofs of loss received by Defendant from Plaintiffs or any representative of Plaintiffs. RESPONSE: None. 15. All documents estimating the cost to repair to Plaintiffs’ house and property. RESPONSE: Objection: irrelevant; vague and ambiguous; over broad; not reasonably calculated to lead to discovery of admissible evidence; work product; and impermissible “bad faith” discovery in this first-party action over indemnification of homeowner insurance benefits where liability and extent of damages owed are at issue. 16. All documents sent to the State of Florida or any of its agencies related to Plaintiffs’ claim. RESPONSE: Objection: irrelevant; vague and ambiguous; over broad; not reasonably calculated to lead to discovery of admissible evidence; work product; and impermissible “bad faith” discovery in this first-party action over indemnification of homeowner insurance benefits where liability and extent of damages owed are at issue. 17. All documents related to the date and time any of Defendant’s agents went onto Plaintiffs’ real property. RESPONSE: Page 4 of 6 Objection: irrelevant; vague and ambiguous; over broad; not reasonably calculated to lead to discovery of admissible evidence; work product; and impermissible “bad faith” discovery in this first-party action over indemnification of homeowner insurance benefits where liability and extent of damages owed are at issue. Subject to and without waiving said objections, please see attached. 18. All documents reflecting how and when you became aware that the Plaintiffs were represented by the undersigned counsel. RESPONSE: Please see attached. 19. Any documents reflecting any scientific or other authority (e.g., treatises, books, studies, software programs, etc.) relied upon by the Defendant in adjusting the claim or determining any amount Defendant would or would not pay to Plaintiffs. RESPONSE: Objection: irrelevant; vague and ambiguous; over broad; not reasonably calculated to lead to discovery of admissible evidence; work product; and impermissible “bad faith” discovery in this first-party action over indemnification of homeowner insurance benefits where liability and extent of damages owed are at issue. 20. Any documents that explains why the Defendant has not paid this claim. RESPONSE: Please see attached coverage determination letter dated 8/19/21. 21. Documents evidencing payments made to Plaintiffs by you relating to this claim, including those that simply reference such payment or refusal to pay or any other kind of payment or refusal to pay. RESPONSE: Please see attached coverage determination letter dated 8/19/21. 22. Any and all documents relating to any attempts by Defendant at requesting/invoking any appraisal or mediation under the policy with the insured and/or the Plaintiffs regarding the charges in dispute, prior to the filing of this action. RESPONSE: None. Page 5 of 6 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 13th day of January 2022, I electronically filed the foregoing with the Clerk of the Courts by using the ECF system, which will send a notice of electronic filing to Lazaro De La Noval, Esq., Grande Law, P.A., eservice@whwglaw.com SOUTHERN FIDELITY INSURANCE COMPANY In-House Litigation Counsel 2 S. University Drive, Suite 110 Plantation, FL 33324 Phone: (850) 906-1251 pfernandez@pmains.com KMcConnachie @pmains.com By: /s/ Patricia E. Fernandez PATRICIA E. FERNANDEZ, ESQ. Florida Bar No.: 98610 Page 6 of 6