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Filing# 158076069 E-Filed 09/23/2022 05:17:20 PM
IN THE CIRCUIT COURT OF THE 17th JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
EDDIE & MEREDITH
GREATHOUSE
Plaintiffs, CASE NO.:
VS.
TYPTAP INSURANCE COMPANY
Defendant.
i
PLAINTIFFS' NOTICE OF TAKING VIDEO DEPOSITION DUCES TECUM OF
DEFENDANT'S FIELD ADJUSTER
First Request for Deposition Dates)
(Plaintiff's
PLEASE TAKE NOTICE that the undersigned attorney will take the video deposition
duces tecum of.
Name: Defendant's Field Adjuster Who Initially
Inspectedthe Subject-Property
Date: TBD
Time: TBD
Place: TBD
Upon oral examination before notaries public, or any other notary public or officer
authorized by law to take depositionsin the State of Florida. The oral examination will
continue from day to day until completed. This depositionis being taken for the purpose
of discovery,for use at or for such other purposes as are permittedunder the rules of
trial,
the court.
*** In addition at the shall have with you the following:
to being present you
deposition,
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 09/23/2022 05:17:18 PM.****
Your complete claim file(s)
related to the insurance the claim(s)which is/are the subjectof
this lawsuit,includingbut not limited to any and all documents related to any investigation,
estimates, incident reports, adjusterreports, claim file notes, samples, testing results,
correspondence,emails photos,videos, assignment of benefits,payments, and any other
documents relating and otherwise related to the issues of the lawsuit and
to the claim(s),
all documents/matters specifiedin SCHEDULE "B" that are in your possession and
control.
RespectfullySubmitted,
/s/ Neil V. Singh,Esq.
NEIL V. SINGH, ESQ.
Florida Bar No: 696501
Attorney for Plaintiff/Insured,
LAW OFFICES OF NEIL V. SINGH PA
10100 W. Sample Road, Third Floor
Coral Springs FL 33065
Office:954-603-0568
Fax: 954-827-2261
PRIMARY DESIGNATED EMAIL-.
Claims@nvslaw.com
SECONDARY EMAIL-.
NEIL.SINGH@LAW.NYU.EDU
THIRD DESIGNATED EMAIL-.
NVSLAW1@gmail.com
SCHEDULE?-B"
1. All documents you reviewed in
preparationfor this deposition.
All documents
rely on
2.
you will in responding to the topics in Schedule "A"
during this deposition.
3. For any documents withheld from
paragraphs 1 and 2 above due to a claim of
attorney-clientprivilege,work product privilegeor any other claimed right of
privilege,
provide a privilegelog pursuant to Florida Rule of Civil Procedum 1.280(b)(5)
4. The complete originalwritten,printed,and electronic claim file(s)of Defendant
and its
adjustersincludingall independent or third-partyadjustersinvolved in adjusting,
inspecting,and handling Plaintiff's claim or loss (cover-to-cover),from the home office,
regionaloffice and local office for the subjectclaim, including but not limited to:
A) All letters,memoranda, and other forms of written or
computerized
communication to or from any employee of Defendant that concern, refer,
or relate in any way to the
processing, or handling of the claim
adjusting,
at issue in this action.
B) All written or computerized records of
any oral communication, whether
in person or by telephone, to or from any employee of Defendant that
concern, refer,or relate in any way to the processing of the subjectclaim,
C) All written or computerized communications and written or
computerized
records of oral communications, whether in
person or by telephone,
belween any employee, representativeor agent of Defendant and Plaintiff,
or his/her representatives
or agents that concern, refer,or relate in
any way
to the subjectclaim(s).
D) All written or computerized communications and written or
computerized
records of oral communications, whether in
person or by telephone,
between any employee of Defendant and any
adjusterthat concern, refer,
or relate in any way to the subjectclaim(s).
All written or
E) computerized records of any investigationor adjustment
activities by Defendant and its adjusters, from the date of loss through the
earlier of the date of this lawsuit or the date litigation
was first anticipated
by Defendant with regard to the subjectclaim.
F) All written or computerized communications and written or
computerized
mcords of oral communications, whether in person or by
telephone,to or
from any employee of Defendant and its adjustersthat concern,
refer,or
4
relate in any
way to the decision to pay, deny, withhold, delay payment, or
conditionally or partially
pay Plaintiff'sclaim.
G) All written or computerized communications and
written or computerized
records of oral communications, whether in
person or by telephone,
between Plaintiff and any employee of Defendant and its adjustersthat
concern, refer, or relate in any way to the decision
by any employee of
Defendant to pay, deny, withhold, delay
payment, or conditionallyor
partially
pay Plaintiffs claim.
H) All written or
computerizedcommunications and written or computerized
records of oral communications, whether in person or by telephone,
between any employee of Defendant and
any third party that concern,
refer, or relate in any way to the decision
by any employee or agent of
Defendant to pay, deny, withhold,
delay payment or conditionally or
partially
pay Plaintiffs claim.
0 All activity
logs,diaries,claim notes or logs created by any adjuster, claim
representative,manager, or supervisorof Defendant or third parly
adjustersduring the adjustment of Plaintiff's claim until the date of this
up
lawsuit or the date Defendant reasonably
anticipated litigationin
connection with the claim at issue in this action.
J) The file folders in which the precedingdocuments are
kept.
K) Ail mports and
correspondence.
L) Tapes - video and audio.
M) Photographs and originalnegatives.
5, Copies of all documentation of whatever kind or nature in
your possession,
custody or control concerning the subject loss, and all files
relatingto Plaintiff, and
his/her claim for damages to the insured
property, includingbut not limited to, certified
copies of any applicable insurance policies, recorded statements, documentation of the
claim such as proofs of loss, damage
estimates,reports or memoranda by Defendant's
adjuster(s) regarding the extent of damage and the reasons for
payment, delay of
payment, withholdingof payment, or denial of payment on the claim.
subject
6. All checks reflecting made to PIaintiffto date.
payments
7. A certified copy of the policyof insurance in effect on the subjectdate oftoss.
8.
Copies of all summaries of statements made by Plaintiff and all recorded or
transcribed statements taken by you, your an(For your attorneys of
representative(s)
Plaintiff.
5
9. Copies of all correspondence,notices, reports or other communications between
you and your representatives
and Plaintiff and his
representatives
regardingthe loss at the
insured property.
10, Copies of all letters from Defendant that make payment, deny payment, authorize
payment or withhold payment for the subjectclaim.
ll.
Copies of
all documents in
your possession,custody or control relatingto the
insured property,
includingbut not limited to: photographs, video tapes, estimates,
sketches, drawings, field notes, estimates for
damage(s),reports relied upon by you,
reports prepared by you or reports prepared fo you or on
your behalf of the Plaintiff
regardingthe loss at the insured property.
12. Copies of all property damage inventories,estimates or
reports pmpared and
received by you and upon which
you relied in reaching your conclusions concerning
valuation ofthe loss.
13, Copies of all other documents relied upon by you in
reaching any conclusions
regardingthe Plaintiffs insurance claim and the coverage and
payment decisions made
on Plaintiff's claim, includingall books, tables,
depreciation
tables, guides, price lists,
whatsoever used by you in determiningthe valuation of the or
property property damage
sustained by the Plaintiff, the methods of
computationused by you in arriving at
valuation figuresfor the property,ali
estimates and the like relied
reports, calculations,
upon by you in arrivingat any and all figuresused in
determiningthe damage to the
property.
14, Any and all
documents, statements, notes, measurements, test results and related
materials relied
upon by you in reaching your conclusion to make payment, deny
payment, authorize payment or withhold payment of the subjectclaim.
15. All documents which indicate or
support the date when Defendant contends it
first reasonablyexpectedor
anticipated litigationwith Plaintiff and the reasons and
factual circumstances which
gave rise to that expectationor belief.
16. Defendant's PrivilegeLog prepared pursuant to Florida Rule of Civil
Procedure
1,280(b)(5)identifying with any and all documents withheld from
particularity
Defendant's response to the
preceding paragraphsas privileged, confidential, or
otheiwise protectedfrom
discovery.
6
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Filing# 158076069 E-Filed 09/23/2022 05:17:20 PM IN THE CIRCUIT COURT OF THE 17th JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA EDDIE & MEREDITH GREATHOUSE Plaintiffs, CASE NO.: VS. TYPTAP INSURANCE COMPANY Defendant. i PLAINTIFFS' NOTICE OF TAKING VIDEO DEPOSITION DUCES TECUM OF DEFENDANT'S FIELD ADJUSTER First Request for Deposition Dates) (Plaintiff's PLEASE TAKE NOTICE that the undersigned attorney will take the video deposition duces tecum of. Name: Defendant's Field Adjuster Who Initially Inspectedthe Subject-Property Date: TBD Time: TBD Place: TBD Upon oral examination before notaries public, or any other notary public or officer authorized by law to take depositionsin the State of Florida. The oral examination will continue from day to day until completed. This depositionis being taken for the purpose of discovery,for use at or for such other purposes as are permittedunder the rules of trial, the court. *** In addition at the shall have with you the following: to being present you deposition, *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 09/23/2022 05:17:18 PM.**** Your complete claim file(s) related to the insurance the claim(s)which is/are the subjectof this lawsuit,includingbut not limited to any and all documents related to any investigation, estimates, incident reports, adjusterreports, claim file notes, samples, testing results, correspondence,emails photos,videos, assignment of benefits,payments, and any other documents relating and otherwise related to the issues of the lawsuit and to the claim(s), all documents/matters specifiedin SCHEDULE "B" that are in your possession and control. RespectfullySubmitted, /s/ Neil V. Singh,Esq. NEIL V. SINGH, ESQ. Florida Bar No: 696501 Attorney for Plaintiff/Insured, LAW OFFICES OF NEIL V. SINGH PA 10100 W. Sample Road, Third Floor Coral Springs FL 33065 Office:954-603-0568 Fax: 954-827-2261 PRIMARY DESIGNATED EMAIL-. Claims@nvslaw.com SECONDARY EMAIL-. NEIL.SINGH@LAW.NYU.EDU THIRD DESIGNATED EMAIL-. NVSLAW1@gmail.com SCHEDULE?-B" 1. All documents you reviewed in preparationfor this deposition. All documents rely on 2. you will in responding to the topics in Schedule "A" during this deposition. 3. For any documents withheld from paragraphs 1 and 2 above due to a claim of attorney-clientprivilege,work product privilegeor any other claimed right of privilege, provide a privilegelog pursuant to Florida Rule of Civil Procedum 1.280(b)(5) 4. The complete originalwritten,printed,and electronic claim file(s)of Defendant and its adjustersincludingall independent or third-partyadjustersinvolved in adjusting, inspecting,and handling Plaintiff's claim or loss (cover-to-cover),from the home office, regionaloffice and local office for the subjectclaim, including but not limited to: A) All letters,memoranda, and other forms of written or computerized communication to or from any employee of Defendant that concern, refer, or relate in any way to the processing, or handling of the claim adjusting, at issue in this action. B) All written or computerized records of any oral communication, whether in person or by telephone, to or from any employee of Defendant that concern, refer,or relate in any way to the processing of the subjectclaim, C) All written or computerized communications and written or computerized records of oral communications, whether in person or by telephone, belween any employee, representativeor agent of Defendant and Plaintiff, or his/her representatives or agents that concern, refer,or relate in any way to the subjectclaim(s). D) All written or computerized communications and written or computerized records of oral communications, whether in person or by telephone, between any employee of Defendant and any adjusterthat concern, refer, or relate in any way to the subjectclaim(s). All written or E) computerized records of any investigationor adjustment activities by Defendant and its adjusters, from the date of loss through the earlier of the date of this lawsuit or the date litigation was first anticipated by Defendant with regard to the subjectclaim. F) All written or computerized communications and written or computerized mcords of oral communications, whether in person or by telephone,to or from any employee of Defendant and its adjustersthat concern, refer,or 4 relate in any way to the decision to pay, deny, withhold, delay payment, or conditionally or partially pay Plaintiff'sclaim. G) All written or computerized communications and written or computerized records of oral communications, whether in person or by telephone, between Plaintiff and any employee of Defendant and its adjustersthat concern, refer, or relate in any way to the decision by any employee of Defendant to pay, deny, withhold, delay payment, or conditionallyor partially pay Plaintiffs claim. H) All written or computerizedcommunications and written or computerized records of oral communications, whether in person or by telephone, between any employee of Defendant and any third party that concern, refer, or relate in any way to the decision by any employee or agent of Defendant to pay, deny, withhold, delay payment or conditionally or partially pay Plaintiffs claim. 0 All activity logs,diaries,claim notes or logs created by any adjuster, claim representative,manager, or supervisorof Defendant or third parly adjustersduring the adjustment of Plaintiff's claim until the date of this up lawsuit or the date Defendant reasonably anticipated litigationin connection with the claim at issue in this action. J) The file folders in which the precedingdocuments are kept. K) Ail mports and correspondence. L) Tapes - video and audio. M) Photographs and originalnegatives. 5, Copies of all documentation of whatever kind or nature in your possession, custody or control concerning the subject loss, and all files relatingto Plaintiff, and his/her claim for damages to the insured property, includingbut not limited to, certified copies of any applicable insurance policies, recorded statements, documentation of the claim such as proofs of loss, damage estimates,reports or memoranda by Defendant's adjuster(s) regarding the extent of damage and the reasons for payment, delay of payment, withholdingof payment, or denial of payment on the claim. subject 6. All checks reflecting made to PIaintiffto date. payments 7. A certified copy of the policyof insurance in effect on the subjectdate oftoss. 8. Copies of all summaries of statements made by Plaintiff and all recorded or transcribed statements taken by you, your an(For your attorneys of representative(s) Plaintiff. 5 9. Copies of all correspondence,notices, reports or other communications between you and your representatives and Plaintiff and his representatives regardingthe loss at the insured property. 10, Copies of all letters from Defendant that make payment, deny payment, authorize payment or withhold payment for the subjectclaim. ll. Copies of all documents in your possession,custody or control relatingto the insured property, includingbut not limited to: photographs, video tapes, estimates, sketches, drawings, field notes, estimates for damage(s),reports relied upon by you, reports prepared by you or reports prepared fo you or on your behalf of the Plaintiff regardingthe loss at the insured property. 12. Copies of all property damage inventories,estimates or reports pmpared and received by you and upon which you relied in reaching your conclusions concerning valuation ofthe loss. 13, Copies of all other documents relied upon by you in reaching any conclusions regardingthe Plaintiffs insurance claim and the coverage and payment decisions made on Plaintiff's claim, includingall books, tables, depreciation tables, guides, price lists, whatsoever used by you in determiningthe valuation of the or property property damage sustained by the Plaintiff, the methods of computationused by you in arriving at valuation figuresfor the property,ali estimates and the like relied reports, calculations, upon by you in arrivingat any and all figuresused in determiningthe damage to the property. 14, Any and all documents, statements, notes, measurements, test results and related materials relied upon by you in reaching your conclusion to make payment, deny payment, authorize payment or withhold payment of the subjectclaim. 15. All documents which indicate or support the date when Defendant contends it first reasonablyexpectedor anticipated litigationwith Plaintiff and the reasons and factual circumstances which gave rise to that expectationor belief. 16. Defendant's PrivilegeLog prepared pursuant to Florida Rule of Civil Procedure 1,280(b)(5)identifying with any and all documents withheld from particularity Defendant's response to the preceding paragraphsas privileged, confidential, or otheiwise protectedfrom discovery. 6