Preview
Filing# 158026361 E-Filed 09/23/2022 12:10:46 PM
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
TATIANA BARRERA,
CASE NO:
Plaintiff.
VS.
UNIVERSAL PROPERTY & CASUALTY
INSURANCE COMPANY,
Defendant.
i
PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT
Pursuant to Florida Rule of Civil Procedure Rulel.340, Plaintiff,Tatiana Barrera
hereby serves the attached
("Plaintiff'), First Set of Interrogatories
to Defendant, Universal
Property & CasualtyInsurance Company (the"Insurance Company"), to be answered in writing,
under oath, as provided by the Florida Rules of Civil Procedure.
Respectfullysubmitted,
Chavin Mitchell Shmuely
Attorneysfor Plaintijf
12955 Biscayne Blvd., Suite 201
North Miami, FL 33181
Telephone: (866) 345-2033
Facsimile: (305) 631-2886
E-Service: propertyservice@cmslawgroup.com
By: /s/ Valorie S. Chavin
Valorie S. Chavin
Florida Bar No. 14226
E-mail: vchavin@cmslawgroup.com
James E. Mitchell
Florida Bar No. 30893
E-mail: jmitchell@cmslawgroup.com
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 09/23/2022 12:10:44 PM.****
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing First Set Of
To Defendant was delivered to the process server with the
Interrogatories Summons and Complaint
for service upon Defendant.
/s/ Valorie S. Chavin
Valorie S. Chavin
2
Definitions
the followingterms shall have the meanings
For purpose of these Interrogatories, set forth
below:
1. "Plaintiff' shall mean Tatiana Barrera, the Plaintiff in this action, includingher
agents, employees or other servants (includingindependent contractors and subcontractors),
attorneys, outside advisors or consultants,investigators, of any kind and any other
representatives
person actingon her behalf or for her benefit,either directlyor indirectly.
2. "Defendant" or "Insurance Company" shall mean Universal Property & Casualty
Insurance Company, the Defendant in this action,includingits agents, employees or other servants
(includingindependent contractors and subcontractors),
attorneys, outside advisors or consultants,
investigators, of any kind and any other person actingon its behalfor for its benefit,
representatives
either or indirectly.
directly
3 The term "Policy" shall mean the policy number 1501-1504-9556, which was
issued by the Insurance Company and is the subjectof the Complaint.
4. The term "Property" shall mean Plaintiffs property located at 17363 SW 22 Street
Miramar, FL 33029.
5. The term "Claim" shall mean the claims for the loss to the Plaintiffs Property as
stated in the Complaint.
6. "You" and "your" each refer to Defendant or Insurance Company, the Defendant
in this action,includingits agents, employees or other servants (includingindependentcontractors
and subcontractors),
attorneys, outside advisors or consultants,investigators, of
representatives
any kind and any other person actingon its behalf or for its or indirectly.
benefit,either directly
., C. ., C. .,
7. The terms "relating, relatingto, and "referringto," shall mean
:referring,"
making a statement about, discussing,
describing,
reflecting,
referencing,
concerning,constituting,
identifying,dealing with, consistingof, containing,interpreting,
summarizing, establishing,
comprising,listing, involving,or in any
evidencing,substantiating, way pertainingto the subject
matter, in whole or in part.
8 "Identify"when used herein in reference to a person, shall mean to state his or her
full name, present or last known business address (or residential address if no present business
address is known), telephone number and the name of such person's present or last known
employer, place of employment and position,and the positionduring the relevant time period;
9- "Identify"when used herein in reference to a document, shall mean to state:
(1) The date appearingon such document and, ifno date so appears, then to so
state and to give the date or best approximate date on which such document
was prepared;
(2) The general type of document (e..g., letter,correspondence, note,
memorandum, telegram,cable,sound recordingdrawing,photograph,data
card, data printout,
etc:);
(3) Every author or originatorwhether such person signed the document or not;
(4) The person having possession,custody or control of such document as well
as each other person who has had possession,custody or control duringthe
relevant time period;
(5) A descriptionof the contents of the document; and
10. "Identify"when used herein in reference to a communication, shall mean to state:
(1) If the communication was in written or other documentary form, the
information set forth in the previousinstruction concerning documents;
(2) If oral:
(A) the date of the communication, and whether it was in person or by
telephone or both;
(B) the partiesto the communication;
4
(C) the substance of the communication; and
(D) if thecommunication is reflected in any document, identifyany such
document.
(3) The date ofthe communication;
(4) The partiesto the communication; and
(5) If the communication was written.
5
INTERROGATORIES
1. Identifyall persons who prepared,assisted in preparation,or furnished information
for the answers to each interrogatory and, for each person identified,identifyfor which specific
interrogatorieshe/she provided information and whether such information is based upon personal
knowledge.
2. Identify(by full name, last known home, business,and physicaladdresses,email
address,telephonenumber, occupation,job title, business affiliation and relationship
to you) all
individuals who have any knowledge whatsoever of any ofthe issues,claims or defenses involved
in this matter, or any information, facts or circumstances which bear on any of the issues,claims
or defenses in this matter, including,but not limited to, every individual who, other than strictly
clerical services,participatedin the adjustment,evaluation,and investigation of the Claim for the
Insurance Company. For each person and/or entityidentified, pleasedescribe their knowledge of
the Claim, the source of their knowledge of the Claim, the nature oftheir involvement in the Claim,
what documents they authored, and their dates of participation
in the Claim.
6
3 State the full name, address and telephonenumber of every person known to you,
your agents or attorneys who has knowledge about, or possession,custody or control of, any
model, plat,map, drawing,motion picture, videotape,photograph or digital photograph pertaining
to any fact or issue involved in this controversy; and describe as to each, what item such person
has, the name and address of the person who took or prepared it,and the date it was taken or
prepared.
4. Describe in detail the entire investigationconducted by You or on your behalf
during the adjustment of the Claim, includingwithout limitation: (a)the nature and scope of the
investigationby the Insurance Company; (b)the identityof each person and entityparticipating in
for the Insurance
the investigation Company and a descriptionof their participation; (c) dates of
any inspectionsofthe Property and the identityof all persons present at the inspections;(d)identify
each witness contacted by the Insurance Company during the investigation and when that witness
was contacted; (e)the information provided by each witness contacted by the Insurance Company
duringthe investigation;and (f)the dates on which each portionofthe investigationwas performed
by the Insurance Company.
7
5. Identifyeach item and/or part of the buildingat the Property that was physically
damaged as a result of the loss that underlies the Claim.
6. Ifan estimate for repairswas submitted by Plaintiff or her representativesto the
Insurance Company during the adjustment of the Claim, please identifyeach line item in the
estimate that is covered in the Claim and any line items in the estimate the Insurance Company
contends are not covered in the Claim. For the line items in the estimate the Insurance Company
claims are not covered, pleaseidentifywhat provisionin the Policythe Insurance Company relies
on to refuse to provide coverage and why those line items fall under that provisionin the Policy.
Ifno estimate has been submitted by Plaintiff or her representativesto the Insurance Company
during the adjustment of the Claim, pleaseidentifywhat the Insurance Company understands are
the each Policy provisionthe Insurance Company contends applies
damages claimed by Plaintiff,
to exclude or limit how
damages, and explainfactually that provisionappliesto this Claim.
8
7. For each denial in the Answer to the Complaint, pleasedescribe in detail all facts
that support each denial.
8 For each affirmative defense raised in the Insurance Company's Answer to the last
version of the Complaint served on the Insurance Company, pleasedescribe in detail all facts that
support each affirmative defense.
9
9- Please identifyany insurance claims,other than this Claim, that have been made by
Plaintiff on the Property,the date of such claims,the insurance company that insured the Property
at thetime of such claims, and identifyall documents related to the such claims that are in the
Insurance Company's possession.
10. if water mitigationor
Please identify mold remediation were done on the Property
and, if so, the name ofthe company performing such work, the date the work was performed,the
scope of the work performed, what documents were submitted to the Insurance Company by the
company performing the work, whether payment was issued for the work, and the date and amount
of payment issued for the work.
10
11. Please advise when Plaintiff became aware of theunderlingthe Claim, how
loss
you know Plaintiff became aware of the loss on that date,and when notice was given by Plaintiff
to the Insurance Company.
12. Please identifyall payments that were made as a result of the Claim, the dates such
payments were issued,the recipient of the payments, the amount of the payments, the applicable
coverage under the Policy for each payment (e.g.,Coverage At and the repairs, personalproperty,
or services that are the basis for each payment.
11
13. was taken of Plaintiff and, if so, the date of
Please indicate if a recorded statement
such recorded statement, who took the recorded statement, who was present for the recorded
statement, the length of the recorded statement, whether the recorded statement was transcribed,
and who presentlyhas possession of the recorded statement.
14. Identify(by full name, last known home, business,and physicaladdresses,email
address,telephonenumber, occupation,job title, business affiliation and relationship
to you) all
individuals who have inspectedthe Property priorto the Claim. For each person and/or entity
identified,please describe the purpose of the inspection,the date of the inspection,and identify
what documents were generated as a result of the inspection.
12
By:
Name.
Title:
Date-
STATE OF
)SS
COUNTY OF
BEFORE ME, the undersigned authority, this day personally appeared
,
who is personallyknown to me (or who has produced
and
as identification) who, being by me first duly sworn, deposes
and says that he/she executed the foregoinganswers to and
interrogatories that they are true and
correct to the best of his/her knowledge and belief.
WITNESS my hand and official seal this dayor ,2022.
Notary Public, State of Florida
(SEAL)
My Commission Expires.
Preview
Filing# 158026361 E-Filed 09/23/2022 12:10:46 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA TATIANA BARRERA, CASE NO: Plaintiff. VS. UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. i PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT Pursuant to Florida Rule of Civil Procedure Rulel.340, Plaintiff,Tatiana Barrera hereby serves the attached ("Plaintiff'), First Set of Interrogatories to Defendant, Universal Property & CasualtyInsurance Company (the"Insurance Company"), to be answered in writing, under oath, as provided by the Florida Rules of Civil Procedure. Respectfullysubmitted, Chavin Mitchell Shmuely Attorneysfor Plaintijf 12955 Biscayne Blvd., Suite 201 North Miami, FL 33181 Telephone: (866) 345-2033 Facsimile: (305) 631-2886 E-Service: propertyservice@cmslawgroup.com By: /s/ Valorie S. Chavin Valorie S. Chavin Florida Bar No. 14226 E-mail: vchavin@cmslawgroup.com James E. Mitchell Florida Bar No. 30893 E-mail: jmitchell@cmslawgroup.com *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 09/23/2022 12:10:44 PM.**** CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing First Set Of To Defendant was delivered to the process server with the Interrogatories Summons and Complaint for service upon Defendant. /s/ Valorie S. Chavin Valorie S. Chavin 2 Definitions the followingterms shall have the meanings For purpose of these Interrogatories, set forth below: 1. "Plaintiff' shall mean Tatiana Barrera, the Plaintiff in this action, includingher agents, employees or other servants (includingindependent contractors and subcontractors), attorneys, outside advisors or consultants,investigators, of any kind and any other representatives person actingon her behalf or for her benefit,either directlyor indirectly. 2. "Defendant" or "Insurance Company" shall mean Universal Property & Casualty Insurance Company, the Defendant in this action,includingits agents, employees or other servants (includingindependent contractors and subcontractors), attorneys, outside advisors or consultants, investigators, of any kind and any other person actingon its behalfor for its benefit, representatives either or indirectly. directly 3 The term "Policy" shall mean the policy number 1501-1504-9556, which was issued by the Insurance Company and is the subjectof the Complaint. 4. The term "Property" shall mean Plaintiffs property located at 17363 SW 22 Street Miramar, FL 33029. 5. The term "Claim" shall mean the claims for the loss to the Plaintiffs Property as stated in the Complaint. 6. "You" and "your" each refer to Defendant or Insurance Company, the Defendant in this action,includingits agents, employees or other servants (includingindependentcontractors and subcontractors), attorneys, outside advisors or consultants,investigators, of representatives any kind and any other person actingon its behalf or for its or indirectly. benefit,either directly ., C. ., C. ., 7. The terms "relating, relatingto, and "referringto," shall mean :referring," making a statement about, discussing, describing, reflecting, referencing, concerning,constituting, identifying,dealing with, consistingof, containing,interpreting, summarizing, establishing, comprising,listing, involving,or in any evidencing,substantiating, way pertainingto the subject matter, in whole or in part. 8 "Identify"when used herein in reference to a person, shall mean to state his or her full name, present or last known business address (or residential address if no present business address is known), telephone number and the name of such person's present or last known employer, place of employment and position,and the positionduring the relevant time period; 9- "Identify"when used herein in reference to a document, shall mean to state: (1) The date appearingon such document and, ifno date so appears, then to so state and to give the date or best approximate date on which such document was prepared; (2) The general type of document (e..g., letter,correspondence, note, memorandum, telegram,cable,sound recordingdrawing,photograph,data card, data printout, etc:); (3) Every author or originatorwhether such person signed the document or not; (4) The person having possession,custody or control of such document as well as each other person who has had possession,custody or control duringthe relevant time period; (5) A descriptionof the contents of the document; and 10. "Identify"when used herein in reference to a communication, shall mean to state: (1) If the communication was in written or other documentary form, the information set forth in the previousinstruction concerning documents; (2) If oral: (A) the date of the communication, and whether it was in person or by telephone or both; (B) the partiesto the communication; 4 (C) the substance of the communication; and (D) if thecommunication is reflected in any document, identifyany such document. (3) The date ofthe communication; (4) The partiesto the communication; and (5) If the communication was written. 5 INTERROGATORIES 1. Identifyall persons who prepared,assisted in preparation,or furnished information for the answers to each interrogatory and, for each person identified,identifyfor which specific interrogatorieshe/she provided information and whether such information is based upon personal knowledge. 2. Identify(by full name, last known home, business,and physicaladdresses,email address,telephonenumber, occupation,job title, business affiliation and relationship to you) all individuals who have any knowledge whatsoever of any ofthe issues,claims or defenses involved in this matter, or any information, facts or circumstances which bear on any of the issues,claims or defenses in this matter, including,but not limited to, every individual who, other than strictly clerical services,participatedin the adjustment,evaluation,and investigation of the Claim for the Insurance Company. For each person and/or entityidentified, pleasedescribe their knowledge of the Claim, the source of their knowledge of the Claim, the nature oftheir involvement in the Claim, what documents they authored, and their dates of participation in the Claim. 6 3 State the full name, address and telephonenumber of every person known to you, your agents or attorneys who has knowledge about, or possession,custody or control of, any model, plat,map, drawing,motion picture, videotape,photograph or digital photograph pertaining to any fact or issue involved in this controversy; and describe as to each, what item such person has, the name and address of the person who took or prepared it,and the date it was taken or prepared. 4. Describe in detail the entire investigationconducted by You or on your behalf during the adjustment of the Claim, includingwithout limitation: (a)the nature and scope of the investigationby the Insurance Company; (b)the identityof each person and entityparticipating in for the Insurance the investigation Company and a descriptionof their participation; (c) dates of any inspectionsofthe Property and the identityof all persons present at the inspections;(d)identify each witness contacted by the Insurance Company during the investigation and when that witness was contacted; (e)the information provided by each witness contacted by the Insurance Company duringthe investigation;and (f)the dates on which each portionofthe investigationwas performed by the Insurance Company. 7 5. Identifyeach item and/or part of the buildingat the Property that was physically damaged as a result of the loss that underlies the Claim. 6. Ifan estimate for repairswas submitted by Plaintiff or her representativesto the Insurance Company during the adjustment of the Claim, please identifyeach line item in the estimate that is covered in the Claim and any line items in the estimate the Insurance Company contends are not covered in the Claim. For the line items in the estimate the Insurance Company claims are not covered, pleaseidentifywhat provisionin the Policythe Insurance Company relies on to refuse to provide coverage and why those line items fall under that provisionin the Policy. Ifno estimate has been submitted by Plaintiff or her representativesto the Insurance Company during the adjustment of the Claim, pleaseidentifywhat the Insurance Company understands are the each Policy provisionthe Insurance Company contends applies damages claimed by Plaintiff, to exclude or limit how damages, and explainfactually that provisionappliesto this Claim. 8 7. For each denial in the Answer to the Complaint, pleasedescribe in detail all facts that support each denial. 8 For each affirmative defense raised in the Insurance Company's Answer to the last version of the Complaint served on the Insurance Company, pleasedescribe in detail all facts that support each affirmative defense. 9 9- Please identifyany insurance claims,other than this Claim, that have been made by Plaintiff on the Property,the date of such claims,the insurance company that insured the Property at thetime of such claims, and identifyall documents related to the such claims that are in the Insurance Company's possession. 10. if water mitigationor Please identify mold remediation were done on the Property and, if so, the name ofthe company performing such work, the date the work was performed,the scope of the work performed, what documents were submitted to the Insurance Company by the company performing the work, whether payment was issued for the work, and the date and amount of payment issued for the work. 10 11. Please advise when Plaintiff became aware of theunderlingthe Claim, how loss you know Plaintiff became aware of the loss on that date,and when notice was given by Plaintiff to the Insurance Company. 12. Please identifyall payments that were made as a result of the Claim, the dates such payments were issued,the recipient of the payments, the amount of the payments, the applicable coverage under the Policy for each payment (e.g.,Coverage At and the repairs, personalproperty, or services that are the basis for each payment. 11 13. was taken of Plaintiff and, if so, the date of Please indicate if a recorded statement such recorded statement, who took the recorded statement, who was present for the recorded statement, the length of the recorded statement, whether the recorded statement was transcribed, and who presentlyhas possession of the recorded statement. 14. Identify(by full name, last known home, business,and physicaladdresses,email address,telephonenumber, occupation,job title, business affiliation and relationship to you) all individuals who have inspectedthe Property priorto the Claim. For each person and/or entity identified,please describe the purpose of the inspection,the date of the inspection,and identify what documents were generated as a result of the inspection. 12 By: Name. Title: Date- STATE OF )SS COUNTY OF BEFORE ME, the undersigned authority, this day personally appeared , who is personallyknown to me (or who has produced and as identification) who, being by me first duly sworn, deposes and says that he/she executed the foregoinganswers to and interrogatories that they are true and correct to the best of his/her knowledge and belief. WITNESS my hand and official seal this dayor ,2022. Notary Public, State of Florida (SEAL) My Commission Expires.