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Filing # 158030206 E-Filed 09/23/2022 12:46:02 PM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR LEE COUNTY, FLORIDA
CIVIL DIVISION
JAMES SPEED, Individually and as
Trustee of the SPEED FAMILY TRUST
dated June 27, 2019,
Plaintiff,
CASE NO:
v.
CYPRESS PROPERTY AND CASUALTY
INSURANCE COMPANY,
Defendant.
_______________________________________/
NOTICE OF FILING
Plaintiff, JAMES SPEED, Individually and as Trustee of the SPEED FAMILY TRUST
dated June 27, 2019, hereby gives notice of filing a correspondence dated September 23, 2022.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY, that a true and correct copy of the foregoing has been furnished by
the Service of Process Unit at the State of Florida Department of Financial Services concurrently
with the Complaint which has been filed with the Clerk of the Circuit Court on this 23rd day of
September 2022.
Respectfully submitted,
KRAPF LEGAL, P.A.
/s/ Grant W. Krapf, Esq.
GRANT W. KRAPF, ESQ.
FBN: 072058
2790 Sunset Point Road
Clearwater, FL 33759
Telephone: (727) 777-7450
E-mail: grant@krapflegal.com
assist@krapflegal.com
Counsel for Plaintiff
1
eFiled Lee County Clerk of Courts Page 1
2790 Sunset Point Road
Clearwater, FL 33759
Phone: 727-777-7450
www.krapflegal.com
__________________________________________________________________
VIA SERVICE OF PROCESS September 23, 2022
Cypress Property and Casualty Insurance Company
c/o Chief Financial Officer, State of Florida
Division of Legal Services
200 E. Gaines Street
Tallahassee, FL 32399
RE: James Speed, Individually and as Trustee of the Speed Family Trust dated June
27, 2019 v. Cypress Property and Casualty Insurance Company
Claim Number: CFL200119145
To Whom It May Concern,
Our firm represents the Plaintiff, James Speed, Individually and as Trustee of the Speed
Family Trust dated June 27, 2019, in the above-referenced matter. In an effort to expedite the
litigation process and bring this dispute to a resolution as efficiently as possible, please take the
time to review the below requests and our standard policies regarding recurrent issues faced at the
pleading and discovery phases.
PLAINTIFF’S DEPOSITION REQUESTS
Pursuant to Florida Rule of Civil Procedure 1.310(b)(6), we are requesting that you
designate one or more officers, directors, managing agents, or other persons to testify at deposition
on Defendant’s behalf regarding the following matters:
1. The entire investigation of Plaintiff’s claim, including the names and titles of the
individuals who participated in the investigation.
2. Information concerning all documents maintained on the matter by name, number,
author, date prepared, and the type of document.
3. All payments on the matter, including payments to the insured, Defendant’s engineers
and/or contractors, or third-party claims administrators, if any.
4. The factual support for any affirmative defenses asserted by Defendant.
5. The factual support for Defendant’s discovery responses.
eFiled Lee County Clerk of Courts Page 2
6. The factual support for any of Defendant’s denials of the allegations set forth in
Plaintiff’s Complaint.
7. All current controlling contracts, agreements or documentation describing relationships
between Defendant and any third-party claims administrator or adjuster which
undertook any assignment related to Plaintiff’s claim that depicts the arrangement,
compensation, and responsibilities of the respective parties as it relates to the
investigation of Plaintiff’s claim.
8. The amount of money Defendant has paid any third-party claims administrator or
adjuster in the previous three (3) years and the number of times Defendant has retained
any third-party claims administrator or adjuster to adjust insurance claims in the last
(3) years.
9. Any and all estimates of repair or statements concerning the nature and extent of
damage to the subject residence.
10. The identity of and an explanation of all documents and facts upon which Defendant
relied in making its decision to issue the policy of insurance at issue in this case.
11. The identity of and an explanation of all documents comprising Defendant’s
underwriting file for the insured property in issue in this case.
12. An explanation of how the events which occurred to cause Plaintiff’s damage constitute
events excluded from the coverage provided by the policy of insurance or are not
covered under the policy of insurance.
13. A comprehensive and detailed description of all insurance coverage(s) and coverage
amounts available under the policy at issue for Plaintiff’s claim.
14. The date and circumstances which gave rise to Defendant’s reasonable expectation or
belief that litigation would ensue, result, or arise regarding Plaintiff’s claim.
15. How any actions or omissions on behalf of Plaintiff voided or excluded coverage.
16. All person(s) who participated in preparing Defendant’s responses and/or answers to
Plaintiff’s discovery requests.
17. The identity of all person(s) who participated in retaining any of the third-party claims
administrators to evaluate Plaintiff’s claim.
18. Defendant’s underwriting manual(s)/guidelines(s) and Plaintiff’s underwriting file.
eFiled Lee County Clerk of Courts Page 3
19. The names and addresses of the companies who performed inspections for the
underwriting department at the time of Plaintiff’s original application and all renewals
for insurance on the property at issues in this lawsuit.
20. The underwriting guidelines in effect for the insured property at issue in this lawsuit at
the time of Plaintiff’s original application for insurance.
21. Any inspections, evaluations, reports and/or appraisals related to the insured property,
located at 14 NE 17th Place, Cape Coral, FL 33909, in the underwriting file.
Additionally, we are requesting the depositions of any field adjuster(s) and desk adjuster(s)
who had any involvement in the subject insurance claim. Please contact our office upon receipt of
this correspondence to schedule the requested depositions. Thank you for your anticipated
cooperation.
We frequently see motions responsive to our request asking the court to determine the
sequence of depositions. We have no problem producing the Plaintiff(s) for deposition prior to the
Insurer’s corporate representative(s) being deposed so long as the corporate representative
deposition is scheduled to occur within two (2) weeks of the Plaintiff(s) deposition. There have
been too many occasions where our clients make themselves available and sit for a deposition
shortly after a request is made; meanwhile, we then have to wait months before anyone is available
to be deposed and provide binding testimony on behalf of the Insurer.
PLEADINGS
There is also an increasingly common trend of motions being filed to enlarge the time in
which to respond to the Complaint. Generally, we have no issue with granting an extension. If you
are in need of an extension, please provide a proposed agreed order to assist@krapflegal.com. We
are willing to grant a twenty (20) day extension in most circumstances so long as the party
requesting the extension does not file any discovery requests during the extension period. Please
ensure the order contains the new due date for the responsive pleading.
DISCOVERY
Likewise, we also receive a motion to enlarge the time in which to respond to discovery in
a large percentage of the lawsuits we are handling. Generally, we have no issue with granting an
extension. If you are in need of an extension, please provide a proposed agreed order to
assist@krapflegal.com. We are willing to grant a twenty (20) day extension in most circumstances
so long as the party requesting the extension does not file any discovery requests during the
extension period. Please ensure the Order contains the new due date for the discovery responses.
eFiled Lee County Clerk of Courts Page 4
DEMANDS AND REQUEST FOR STATEMENT OF LOSS RECAP
Please provide a statement of loss recap breaking down any prior payments, withheld
depreciation and deductibles as soon as possible. In order to facilitate an early resolution, we strive
to provide a demand as soon as we receive a Notice of Appearance and become aware of who will
be handling each lawsuit. A statement of loss recap will help ensure that we are in agreement over
the applicable deductible and prior payments and that this information is accounted for in our
demand.
INSPECTIONS
The insured(s) would very much like to repair their dwelling without any further delay.
Accordingly, please contact inspections@krapflegal.com within twenty-one (21) days of your
receipt of this letter to schedule a joint inspection of the loss.
DEMAND FOR PRESERVATION OF EVDIENCE
Demand is also made that you preserve all documents, tangible things and electronically
stored information related to the insured(s), insured property and subject insurance loss/claim. As
part of this demand, you should immediately suspend any routine destruction of the
aforementioned evidence. Your preservation obligation extends beyond evidence in your care,
custody or control, and includes documents, tangible things and electronically stored information
of any current or former agent, attorney, employee, custodian, or contractor. You must notify any
of the aforementioned individuals or entities and take reasonable steps to secure their compliance
with this demand.
Thank you for your time and prompt attention to all of the above matters. If you have any
questions or would like to further discuss any of the above, please contact our office.
Sincerely,
KRAPF LEGAL, P.A.
/s/ Grant W. Krapf, Esq.
GRANT W. KRAPF, ESQ.
FBN: 072058
Clearwater, FL 33759
Telephone: (727) 777-7450
E-mail: grant@krapflegal.com
assist@krapflegal.com
Counsel for Plaintiff
eFiled Lee County Clerk of Courts Page 5
Preview
Filing # 158030206 E-Filed 09/23/2022 12:46:02 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA CIVIL DIVISION JAMES SPEED, Individually and as Trustee of the SPEED FAMILY TRUST dated June 27, 2019, Plaintiff, CASE NO: v. CYPRESS PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant. _______________________________________/ NOTICE OF FILING Plaintiff, JAMES SPEED, Individually and as Trustee of the SPEED FAMILY TRUST dated June 27, 2019, hereby gives notice of filing a correspondence dated September 23, 2022. CERTIFICATE OF SERVICE I HEREBY CERTIFY, that a true and correct copy of the foregoing has been furnished by the Service of Process Unit at the State of Florida Department of Financial Services concurrently with the Complaint which has been filed with the Clerk of the Circuit Court on this 23rd day of September 2022. Respectfully submitted, KRAPF LEGAL, P.A. /s/ Grant W. Krapf, Esq. GRANT W. KRAPF, ESQ. FBN: 072058 2790 Sunset Point Road Clearwater, FL 33759 Telephone: (727) 777-7450 E-mail: grant@krapflegal.com assist@krapflegal.com Counsel for Plaintiff 1 eFiled Lee County Clerk of Courts Page 1 2790 Sunset Point Road Clearwater, FL 33759 Phone: 727-777-7450 www.krapflegal.com __________________________________________________________________ VIA SERVICE OF PROCESS September 23, 2022 Cypress Property and Casualty Insurance Company c/o Chief Financial Officer, State of Florida Division of Legal Services 200 E. Gaines Street Tallahassee, FL 32399 RE: James Speed, Individually and as Trustee of the Speed Family Trust dated June 27, 2019 v. Cypress Property and Casualty Insurance Company Claim Number: CFL200119145 To Whom It May Concern, Our firm represents the Plaintiff, James Speed, Individually and as Trustee of the Speed Family Trust dated June 27, 2019, in the above-referenced matter. In an effort to expedite the litigation process and bring this dispute to a resolution as efficiently as possible, please take the time to review the below requests and our standard policies regarding recurrent issues faced at the pleading and discovery phases. PLAINTIFF’S DEPOSITION REQUESTS Pursuant to Florida Rule of Civil Procedure 1.310(b)(6), we are requesting that you designate one or more officers, directors, managing agents, or other persons to testify at deposition on Defendant’s behalf regarding the following matters: 1. The entire investigation of Plaintiff’s claim, including the names and titles of the individuals who participated in the investigation. 2. Information concerning all documents maintained on the matter by name, number, author, date prepared, and the type of document. 3. All payments on the matter, including payments to the insured, Defendant’s engineers and/or contractors, or third-party claims administrators, if any. 4. The factual support for any affirmative defenses asserted by Defendant. 5. The factual support for Defendant’s discovery responses. eFiled Lee County Clerk of Courts Page 2 6. The factual support for any of Defendant’s denials of the allegations set forth in Plaintiff’s Complaint. 7. All current controlling contracts, agreements or documentation describing relationships between Defendant and any third-party claims administrator or adjuster which undertook any assignment related to Plaintiff’s claim that depicts the arrangement, compensation, and responsibilities of the respective parties as it relates to the investigation of Plaintiff’s claim. 8. The amount of money Defendant has paid any third-party claims administrator or adjuster in the previous three (3) years and the number of times Defendant has retained any third-party claims administrator or adjuster to adjust insurance claims in the last (3) years. 9. Any and all estimates of repair or statements concerning the nature and extent of damage to the subject residence. 10. The identity of and an explanation of all documents and facts upon which Defendant relied in making its decision to issue the policy of insurance at issue in this case. 11. The identity of and an explanation of all documents comprising Defendant’s underwriting file for the insured property in issue in this case. 12. An explanation of how the events which occurred to cause Plaintiff’s damage constitute events excluded from the coverage provided by the policy of insurance or are not covered under the policy of insurance. 13. A comprehensive and detailed description of all insurance coverage(s) and coverage amounts available under the policy at issue for Plaintiff’s claim. 14. The date and circumstances which gave rise to Defendant’s reasonable expectation or belief that litigation would ensue, result, or arise regarding Plaintiff’s claim. 15. How any actions or omissions on behalf of Plaintiff voided or excluded coverage. 16. All person(s) who participated in preparing Defendant’s responses and/or answers to Plaintiff’s discovery requests. 17. The identity of all person(s) who participated in retaining any of the third-party claims administrators to evaluate Plaintiff’s claim. 18. Defendant’s underwriting manual(s)/guidelines(s) and Plaintiff’s underwriting file. eFiled Lee County Clerk of Courts Page 3 19. The names and addresses of the companies who performed inspections for the underwriting department at the time of Plaintiff’s original application and all renewals for insurance on the property at issues in this lawsuit. 20. The underwriting guidelines in effect for the insured property at issue in this lawsuit at the time of Plaintiff’s original application for insurance. 21. Any inspections, evaluations, reports and/or appraisals related to the insured property, located at 14 NE 17th Place, Cape Coral, FL 33909, in the underwriting file. Additionally, we are requesting the depositions of any field adjuster(s) and desk adjuster(s) who had any involvement in the subject insurance claim. Please contact our office upon receipt of this correspondence to schedule the requested depositions. Thank you for your anticipated cooperation. We frequently see motions responsive to our request asking the court to determine the sequence of depositions. We have no problem producing the Plaintiff(s) for deposition prior to the Insurer’s corporate representative(s) being deposed so long as the corporate representative deposition is scheduled to occur within two (2) weeks of the Plaintiff(s) deposition. There have been too many occasions where our clients make themselves available and sit for a deposition shortly after a request is made; meanwhile, we then have to wait months before anyone is available to be deposed and provide binding testimony on behalf of the Insurer. PLEADINGS There is also an increasingly common trend of motions being filed to enlarge the time in which to respond to the Complaint. Generally, we have no issue with granting an extension. If you are in need of an extension, please provide a proposed agreed order to assist@krapflegal.com. We are willing to grant a twenty (20) day extension in most circumstances so long as the party requesting the extension does not file any discovery requests during the extension period. Please ensure the order contains the new due date for the responsive pleading. DISCOVERY Likewise, we also receive a motion to enlarge the time in which to respond to discovery in a large percentage of the lawsuits we are handling. Generally, we have no issue with granting an extension. If you are in need of an extension, please provide a proposed agreed order to assist@krapflegal.com. We are willing to grant a twenty (20) day extension in most circumstances so long as the party requesting the extension does not file any discovery requests during the extension period. Please ensure the Order contains the new due date for the discovery responses. eFiled Lee County Clerk of Courts Page 4 DEMANDS AND REQUEST FOR STATEMENT OF LOSS RECAP Please provide a statement of loss recap breaking down any prior payments, withheld depreciation and deductibles as soon as possible. In order to facilitate an early resolution, we strive to provide a demand as soon as we receive a Notice of Appearance and become aware of who will be handling each lawsuit. A statement of loss recap will help ensure that we are in agreement over the applicable deductible and prior payments and that this information is accounted for in our demand. INSPECTIONS The insured(s) would very much like to repair their dwelling without any further delay. Accordingly, please contact inspections@krapflegal.com within twenty-one (21) days of your receipt of this letter to schedule a joint inspection of the loss. DEMAND FOR PRESERVATION OF EVDIENCE Demand is also made that you preserve all documents, tangible things and electronically stored information related to the insured(s), insured property and subject insurance loss/claim. As part of this demand, you should immediately suspend any routine destruction of the aforementioned evidence. Your preservation obligation extends beyond evidence in your care, custody or control, and includes documents, tangible things and electronically stored information of any current or former agent, attorney, employee, custodian, or contractor. You must notify any of the aforementioned individuals or entities and take reasonable steps to secure their compliance with this demand. Thank you for your time and prompt attention to all of the above matters. If you have any questions or would like to further discuss any of the above, please contact our office. Sincerely, KRAPF LEGAL, P.A. /s/ Grant W. Krapf, Esq. GRANT W. KRAPF, ESQ. FBN: 072058 Clearwater, FL 33759 Telephone: (727) 777-7450 E-mail: grant@krapflegal.com assist@krapflegal.com Counsel for Plaintiff eFiled Lee County Clerk of Courts Page 5