Preview
Filing# 158029885 E-Filed 09/23/2022 12:42:32 PM
Broward County, Circuit Court
Seventeenth Judicial Circuit
General Jurisdiction Division
Valerie Brooks,
Case No.
Plaintiff.
VS.
Universal Property & Casualty Insurance Company,
Defendants.
i
Plaintiff's First Set of Interrogatories
pursuant to Florida Rules of Civil Procedure Rule 1.340 propounds
Plaintiff, its First Set
upon Defendant, to be answered in writing,under oath,within thirty(30)days.
of Interrogatories
September 23,2022
Miami, FL
Respectfullysubmitted,
Michael E. Chisholm, Esq.
Florida Bar No. 0111926
Ruzy Behnejad, Esq.
Florida Bar No. 111894
/s/Michael E. Chisholm
Michael E. Chisholm, Esq.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 09/23/2022 12:42:30 PM.****
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on September 23,2022, this document was filed using the Florida
Courts E-Filing Portal and a copy will be served to the Defendant via the Department of Financial Services
of the State of Florida along with the Complaint in this case.
SONDELA LAW LLC
1825 Ponce De Leon Blvd, No. 514
Coral Gables, FL 33134
Tel: 305-798-6988
/si Michael E. Chisholm
Michael E. Chisholm, Esq.
Fla. Bar No.. 0111926
michael@sondelalaw.com
Ruzy Behnejad, Esq.
Fla. Bar No.. 0111894
ruzy@sondelalaw.com
Counsel for Plaintiff
Definitions and Instruction
1. Insert your answers in the space provided followingeach question.If additional space is
needed, so indicate in the space provided,prepare your answers on a separate paper, and
attach the additional paper to your answers.
2. Separatelyanswer each interrogatory, and each subsection of each interrogatory. The term
"you" and "your" means the party or partiesto which this request is addressed, including
its divisions,departments, subsidiaries,affiliates,
predecessors, present or former officers,
directors,owners, agents, accountants, attorneys, and all other persons actingor purporting
to act on its behalf, as well as each partnershipin which it is a partner.
3. The terms "Insurance Company" or "Defendant" means the defendant in this action to
which these Interrogatories
are addressed, includingits agents, attorneys, accountants, and
all other persons acting or purporting to act on their behalf. The terms "Insurance
Company" or "Defendant" also includes the party'sdivisions,departments,subsidiaries,
predecessors,present or former officers,directors,owners, agents, attorneys, and
affiliates,
accountants as well as each partnershipin which it is a partner, and includes any other
person, actingor purportingto act on its behalf.
4. The terms "you" and "your" mean the party or partiesto which these interrogatories
are
addressed, including its agents, attorneys, accountants, and all other persons acting or
purportingto act on its behalf.
5. The "Complaint"means the Complaint filed by Plaintiff in this matter.
6. The term "Claim" means any statement, concept, assertion,idea,allegation, fact,law, rule,
theory,observation, cause of action, or principlewhatsoever, based upon which Plaintiff
demand that it has suffered damages, or has a rightto payment, as the result of any act or
omission of Defendant.
7. The terms "person" or "persons" mean any natural person, individual, proprietorship,
partnership,corporation,association, organization,joint venture, firm, other business
enterprise, and includes
governmental body, and group of natural persons or other entity,
any other person actingon behalf of a person.
8. The term "contract" means any promise, or set or promises,which creates an obligationto
thingwhere there was meeting ofthe minds on a given proposition
do or not do a particular
and an understanding and intention between the parties.
9. The term "communication" means any information given,whether oral or written: any oral
or written statement, conference, consultation, dialogue, colloquy, discussion,
conversation, agreement, the sharing of knowledge by one with another, bargaining
preparatory to making a contract or any expressionof any kind.
10. The term "document" means and includes any kind of written,typed,recorded or graphic
matter, however produced or reproduced,of any kind or description, whether sent or
received, and every record of every type, including originals,non-identical copies and
drafts,and both sides of any documentation where information appears on both sides,and
includingbut not limited to: letters,correspondence,memoranda, meeting transcripts
or
minutes, public filingsor tax returns, papers, books, telegrams,bulletins,notices,
announcements, instructions,charts, manuals, brochures, schedules, cables, telex
messages, notes, notations,accountants' working papers, transcriptions,
agendas, reports,
recordings of telephone or other conversations, of interviews, of conferences or of
meetings,telephone messages, diaries,indices,books, reports, ledgers,working papers,
invoices, worksheets, receipts,computer printouts,financial statements, schedules
affidavits,contracts, canceled checks, statements, transcripts, magazine or newspaper
articles,periodicals,releases and any and all drafts,alterations and modifications, changes
and amendments of any of the foregoing,whether handwritten, printed or electronically
prepared, filed or stored, affidavits,statements, summaries, opinions, reports, studies,
analyses, evaluations, contracts, agreements, journals, statistical records, calendars,
appointment books, diaries,lists, tabulations,sound recordings,computer print-outs, data
processinginput and output, microfilms, newspapers, magazines, books, periodicalsor
press releases,includinginformation stored on any electromagneticstorage device, any
written,printed,typed, recorded, or graphic matter, however produced or reproduced or
stored to which you have or had access. "Document" shall also be deemed to include any
summary of a document or documents called for hereafter.
11. The term "all documents" means every document or group of documents as above defined
that are known to you or that can be located or discovered by reasonably diligentefforts.
12. As used herein the singularshall include the plural,the and
pluralshall include the singular,
the masculine, feminine, and neutral shall include each of the other genders.
13. The terms "and" as well as "or" shall be construed disjunctively
as well as conjunctivelyas
necessary to make the interrogatoryinclusive rather than exclusive. The term "all" means
"any and all." The term "each" means "each and every" and the term "every" means "each
and every."
14. The terms "refer" or "relate to" mean setting forth, pertainingto, memorializing,
embodying, discussing,analyzing,reflectingor otherwise concerning.
constituting,
15. The terms "locate" or "location" means
to state the present whereabouts of each Document
and to identify
the persons having possession, custody or control thereof.
16. The term "to date" shall mean the date on which you answer these interrogatories.
17. The term "including"means "includingbut not limited to".
18. "Relatingto" or "relevant to" means embodying, pertainingto, concerning,involving,
constituting,
comprising,reflecting, discussing,evidencing,referringto, consistingof, or
having any logicalor factual connection whatever with the subjectmatter in question.
19. when used with reference to a natural person, means
The term "Identify," state:
a. His or her full name and address (or,if the present address is not known, his last
known address).
b. The full name and address of each of his or her employers, each corporationof
which he is an officer or director and each business in which he is a principal.
c. His or her present (or,if the present is not known, his last known) positionand his
positionor positionsat the time of the act to which the interrogatory answer relate,
and
d. Such other information sufficient to enable Plaintiffto identifythe person.
when used with reference to
20. "Identify," any entityother than a natural person, means:
a. state the full name of the entity,the type of entity(e.g.,corporation,partnership,
the address of its principalplace of business, its princ*al business activity,
etc.),
and if it is a corporation,the Jurisdiction under the laws of which it has been
organizedand the date of such organization.
when used with reference to a
21. "Identify," document or written communication, means
state:
a. itsnature (e.g.,letter,telegram,floppy disc, computer printout,memorandum,
chart,report or study),date,author,date and placeofpreparationand the name and
address of each addressee, if there is an addressee;
b. the identityof each signerto the document or communication;
c. the title or heading of the document or communication;
d. its substance;
e. itspresent (or,if the present is not known, the last known) location and custodian;
f. the identityo f each person to whom a copy was sent and each date o f its receiptand
each date of its transmittal or other dispositionby (I)respondent and (ii)any other
person (naming such other person) who, at any time, either received,transmitted or
otherwise disposedof such document or communication and each copy thereof;
g. the circumstances of each such receiptand each transmittal or other disposition,
includingidentification ofthe person from whom received and the person to whom
transmitted.
when used with reference to an oral transaction or oral communication,
22. "Identify," means
state:
a. its telephone call,conversation in person, etc.);
nature (e.g..
b. the date and place thereof;
c. the identityand address of each person participating
therein,present during or
witness to any part thereof;
d. identifyeach document in which such transaction or communication was recorded,
described or referred to.
when used with reference to a lawsuit
23. "Identify," means state:
a. the captionof each lawsuit;
b. the court in which the lawsuit was filed;
c. the case number;
d. and
identifythe parties,
e. a brief summary of the nature of the claimor charge.
when used with reference to an administrative claim or
24. "Identify" charge means state:
a. identifythe claimant or charging party;
b. the administrative office where filed;
c. the number assignedto identify the claim or charge,and
d. a brief summary of the nature of the claim or charge.
25. "Identify,"when used in any other context that is herein above set forth,means to describe
the act, word, situation,event, etc. (and/or conduct, course of action of any nature
whatsoever, includingwithout limitation any failure to act, to engage in any conduct or to
pursue any course of action),to be identified as fully as possible and identifyeach
document or communication or act in which such word. situation,event, conduct or
act.
course of action, etc., was recorded, refers or relates to each answer, forms all or part of
the basis for an answer; and/or corroborates and answer.
26. You may, in lieu of identifying
any Document or written communication, copyattach a true
of each Document as an exhibit to the On each
answers to these interrogatories.
occasion
in which you choose to attach a Document as your answer to an interrogatory,
identifythe
portion o f the Document that answers the interrogatory.
27. Identifyeach Document produced pursuant to an interrogatory by the paragraphnumber of
in response to which is produced and by the file from which the document
the interrogatory
was produced.
28. If any of the information furnished in an answer to all or part of an interrogatoryis not
within your personalknowledge, identifyeach person who has personalknowledge of the
information furnished in such answer and each person who communicated to you any part
of the information furnished.
29. If the answer to all or any part of the interrogatoryis not presentlyknown or available to
you, include a statement to that effect,furnish the information now known or otherwise
available to you, and respond to the entire
interrogatoryby supplemental answer, in
writing,under oath, within ten days from the time the entire answer becomes known or
available to you, but in no event less than five days priorto trial.
30. If you contend that it would be unreasonably burdensome to obtain and provide all of the
information called for in response to any one ofthese interrogatories
or any subpartthereof,
then in response to the appropriate or
interrogatory subpart:
a. set forth allsuch information that is available to you without undertaking what you
contend to be an unreasonable burden;
b. state with particularitythe grounds on which you contend that additional efforts to
obtain such information would be unreasonablyburdensome; and
c. describe with particularity
the efforts made by you to secure such information,
including,without limitation,the identityof all persons consulted, and files,
of each person who participated
records,and documents reviewed, and the identity
in gatheringsuch information,includingthe duration of lime spent and nature of
work done by each person.
31. Unless your response to an interrogatory is complete when made, these interrogatories
are
continuing insofar as you are to
required promptly make further or supplemental answers
if new information is discovered and/or acquiredby you between the date of your initial
answer an?id any time thereafter.
32. If you claimin response to any request for production that any requested document is
"privileged" and not subjectto discovery,you shall so state expresslyand, in addition,shall
provide a privilegelog,describingthe nature of the documents, communications or things
not produced or disclosed in a manner that, without revealingthe information itself
privilegedor protected, will enable other parties
to assess the applicabilityof the privilege
or protection.
33. If all of the information furnished in answer to all or part of an interrogatoryis not within
the personal knowledge of the affiant,identifyeach person to whom all or part of the
information furnished is of personal knowledge and each person
a matter who
communicated to the affiant any part of the information furnished.
34. To the extent preciseand complete information cannot be furnished, such information as
is available shall be supplied,together with an estimate of the precise and complete
information. Where such an estimate is given,the method employed in making the estimate
shall be described.
Interrogatories
1. Please state the name, title,current business address, and phone number of all persons
answering or assistingwith the answering o f this set o f interrogatories.
2. Please state the date that Defendant first received notice from Plaintiff for a claim of
benefits under the Policy for water damage as described in the Complaint in this lawsuit.
3. With regard to Defendant's failure to pay Plaintiff's claim for benefits under the Policy,
pleasestate:
a. Why the Defendantfailed to provide a coverage determination and payment as to
claim within the requiredcontractual and statutory time periods.
Plaintiffs'
b. Identifyeach person who participated or was involved in the claims process which
resulted in Defendant's failure to provide a timely coverage determination and
payment.
c. Identifyeach document sent by Defendant to Plaintiff detailingthe reasons why
Defendant failed to provide a timely coverage determination and payment.
d. Please state the exact language contained in the Policy,which Defendant used to
base its decision to not timelyprovidecoverage and payment of Plaintiffs.
4. Identifyeach person, by name, address, phone number and position,whom, on behalf of
Defendant, inspected the subject property in reference to the claim described in the
Complaint and the dates of each inspection.
5. Identifyall persons (otherthan Defendant) believed or known by you, your agents or
attorneys, to have knowledge concerning any of the issues raised by the pleadings then
specifythe subjectmatter about which the witnesses have knowledge and state whether
you have obtained any statements (oral,written or recorded)from any of these witnesses.
If any witness statements were taken please list the dates they were taken, by whom any
such witness statements were taken and who has the present possession,custody and
control of any such statements.
6. Please persons who, on Defendant's behalf, have participated
list all in the investigation,
or
evaluation,adjusting handling ofthe claim involved hereto and specifythe nature ofthe
partic*ationfor each and every such person and give the time period during which they
partic*ated.
7. Please describe all requests made by Defendant upon Plaintiff,includingbut not limited
Examination Under Oath, documents, Sworn Statement in Proof of Loss,
to, requests for
recorded statement, and inspections,
in reference to the claim described in the Complaint,
and the dates the requests were made. If no requests were made, pleaseexplainwhy.
8. Please state whether any payments were tendered to Plaintiff as a result of the claim as
described in the Complaint. If any payments were tendered,pleaseprovide the amounts of
said payments. If there were no payments tendered,pleaseexplainwhy.
9. Did Plaintiff and/or comply with all post-lossobligationsunder the Policy?If your answer
is no,pleasespecifyeach and every post-lossobligation failed to comply
Plaintiffallegedly
with, and what prejudicehis allegedfailure to comply caused on Defendant.
10. Please list any and all previousclaims the Plaintiff on the subjectproperty in this
filed by
case, whether the claim was reportedto the Defendant or another insurance company. For
each claim, pleaseprovide the date of loss,date o f reporting,descriptionof the claim and
the insurance carrier's coverage determination.
IN WITNESS WHEREOF, the Insurance Company has executed the foregoing answers to
and
interrogatories states that same are true and correct to the best ofthe undersigned'sknowledge
and belief.
Name of Insurance Company
By:
Title:
STATE OF FLORIDA t
t
COUNTY OF t
BEFORE ME, the undersigned authority,personallyappeared
,
who is personallyknown to me or who has produced as identification,
being first duly
sworn accordingto law, deposes and says that he executed the foregoingAnswers to Plaintiffs
and that they are true and correct to the best of his/her knowledge and
First Set of Interrogatories
belief.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of my office;
in the County and State last aforesaid,this dayor 2022.
Preview
Filing# 158029885 E-Filed 09/23/2022 12:42:32 PM Broward County, Circuit Court Seventeenth Judicial Circuit General Jurisdiction Division Valerie Brooks, Case No. Plaintiff. VS. Universal Property & Casualty Insurance Company, Defendants. i Plaintiff's First Set of Interrogatories pursuant to Florida Rules of Civil Procedure Rule 1.340 propounds Plaintiff, its First Set upon Defendant, to be answered in writing,under oath,within thirty(30)days. of Interrogatories September 23,2022 Miami, FL Respectfullysubmitted, Michael E. Chisholm, Esq. Florida Bar No. 0111926 Ruzy Behnejad, Esq. Florida Bar No. 111894 /s/Michael E. Chisholm Michael E. Chisholm, Esq. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 09/23/2022 12:42:30 PM.**** CERTIFICATE OF SERVICE I HEREBY CERTIFY that on September 23,2022, this document was filed using the Florida Courts E-Filing Portal and a copy will be served to the Defendant via the Department of Financial Services of the State of Florida along with the Complaint in this case. SONDELA LAW LLC 1825 Ponce De Leon Blvd, No. 514 Coral Gables, FL 33134 Tel: 305-798-6988 /si Michael E. Chisholm Michael E. Chisholm, Esq. Fla. Bar No.. 0111926 michael@sondelalaw.com Ruzy Behnejad, Esq. Fla. Bar No.. 0111894 ruzy@sondelalaw.com Counsel for Plaintiff Definitions and Instruction 1. Insert your answers in the space provided followingeach question.If additional space is needed, so indicate in the space provided,prepare your answers on a separate paper, and attach the additional paper to your answers. 2. Separatelyanswer each interrogatory, and each subsection of each interrogatory. The term "you" and "your" means the party or partiesto which this request is addressed, including its divisions,departments, subsidiaries,affiliates, predecessors, present or former officers, directors,owners, agents, accountants, attorneys, and all other persons actingor purporting to act on its behalf, as well as each partnershipin which it is a partner. 3. The terms "Insurance Company" or "Defendant" means the defendant in this action to which these Interrogatories are addressed, includingits agents, attorneys, accountants, and all other persons acting or purporting to act on their behalf. The terms "Insurance Company" or "Defendant" also includes the party'sdivisions,departments,subsidiaries, predecessors,present or former officers,directors,owners, agents, attorneys, and affiliates, accountants as well as each partnershipin which it is a partner, and includes any other person, actingor purportingto act on its behalf. 4. The terms "you" and "your" mean the party or partiesto which these interrogatories are addressed, including its agents, attorneys, accountants, and all other persons acting or purportingto act on its behalf. 5. The "Complaint"means the Complaint filed by Plaintiff in this matter. 6. The term "Claim" means any statement, concept, assertion,idea,allegation, fact,law, rule, theory,observation, cause of action, or principlewhatsoever, based upon which Plaintiff demand that it has suffered damages, or has a rightto payment, as the result of any act or omission of Defendant. 7. The terms "person" or "persons" mean any natural person, individual, proprietorship, partnership,corporation,association, organization,joint venture, firm, other business enterprise, and includes governmental body, and group of natural persons or other entity, any other person actingon behalf of a person. 8. The term "contract" means any promise, or set or promises,which creates an obligationto thingwhere there was meeting ofthe minds on a given proposition do or not do a particular and an understanding and intention between the parties. 9. The term "communication" means any information given,whether oral or written: any oral or written statement, conference, consultation, dialogue, colloquy, discussion, conversation, agreement, the sharing of knowledge by one with another, bargaining preparatory to making a contract or any expressionof any kind. 10. The term "document" means and includes any kind of written,typed,recorded or graphic matter, however produced or reproduced,of any kind or description, whether sent or received, and every record of every type, including originals,non-identical copies and drafts,and both sides of any documentation where information appears on both sides,and includingbut not limited to: letters,correspondence,memoranda, meeting transcripts or minutes, public filingsor tax returns, papers, books, telegrams,bulletins,notices, announcements, instructions,charts, manuals, brochures, schedules, cables, telex messages, notes, notations,accountants' working papers, transcriptions, agendas, reports, recordings of telephone or other conversations, of interviews, of conferences or of meetings,telephone messages, diaries,indices,books, reports, ledgers,working papers, invoices, worksheets, receipts,computer printouts,financial statements, schedules affidavits,contracts, canceled checks, statements, transcripts, magazine or newspaper articles,periodicals,releases and any and all drafts,alterations and modifications, changes and amendments of any of the foregoing,whether handwritten, printed or electronically prepared, filed or stored, affidavits,statements, summaries, opinions, reports, studies, analyses, evaluations, contracts, agreements, journals, statistical records, calendars, appointment books, diaries,lists, tabulations,sound recordings,computer print-outs, data processinginput and output, microfilms, newspapers, magazines, books, periodicalsor press releases,includinginformation stored on any electromagneticstorage device, any written,printed,typed, recorded, or graphic matter, however produced or reproduced or stored to which you have or had access. "Document" shall also be deemed to include any summary of a document or documents called for hereafter. 11. The term "all documents" means every document or group of documents as above defined that are known to you or that can be located or discovered by reasonably diligentefforts. 12. As used herein the singularshall include the plural,the and pluralshall include the singular, the masculine, feminine, and neutral shall include each of the other genders. 13. The terms "and" as well as "or" shall be construed disjunctively as well as conjunctivelyas necessary to make the interrogatoryinclusive rather than exclusive. The term "all" means "any and all." The term "each" means "each and every" and the term "every" means "each and every." 14. The terms "refer" or "relate to" mean setting forth, pertainingto, memorializing, embodying, discussing,analyzing,reflectingor otherwise concerning. constituting, 15. The terms "locate" or "location" means to state the present whereabouts of each Document and to identify the persons having possession, custody or control thereof. 16. The term "to date" shall mean the date on which you answer these interrogatories. 17. The term "including"means "includingbut not limited to". 18. "Relatingto" or "relevant to" means embodying, pertainingto, concerning,involving, constituting, comprising,reflecting, discussing,evidencing,referringto, consistingof, or having any logicalor factual connection whatever with the subjectmatter in question. 19. when used with reference to a natural person, means The term "Identify," state: a. His or her full name and address (or,if the present address is not known, his last known address). b. The full name and address of each of his or her employers, each corporationof which he is an officer or director and each business in which he is a principal. c. His or her present (or,if the present is not known, his last known) positionand his positionor positionsat the time of the act to which the interrogatory answer relate, and d. Such other information sufficient to enable Plaintiffto identifythe person. when used with reference to 20. "Identify," any entityother than a natural person, means: a. state the full name of the entity,the type of entity(e.g.,corporation,partnership, the address of its principalplace of business, its princ*al business activity, etc.), and if it is a corporation,the Jurisdiction under the laws of which it has been organizedand the date of such organization. when used with reference to a 21. "Identify," document or written communication, means state: a. itsnature (e.g.,letter,telegram,floppy disc, computer printout,memorandum, chart,report or study),date,author,date and placeofpreparationand the name and address of each addressee, if there is an addressee; b. the identityof each signerto the document or communication; c. the title or heading of the document or communication; d. its substance; e. itspresent (or,if the present is not known, the last known) location and custodian; f. the identityo f each person to whom a copy was sent and each date o f its receiptand each date of its transmittal or other dispositionby (I)respondent and (ii)any other person (naming such other person) who, at any time, either received,transmitted or otherwise disposedof such document or communication and each copy thereof; g. the circumstances of each such receiptand each transmittal or other disposition, includingidentification ofthe person from whom received and the person to whom transmitted. when used with reference to an oral transaction or oral communication, 22. "Identify," means state: a. its telephone call,conversation in person, etc.); nature (e.g.. b. the date and place thereof; c. the identityand address of each person participating therein,present during or witness to any part thereof; d. identifyeach document in which such transaction or communication was recorded, described or referred to. when used with reference to a lawsuit 23. "Identify," means state: a. the captionof each lawsuit; b. the court in which the lawsuit was filed; c. the case number; d. and identifythe parties, e. a brief summary of the nature of the claimor charge. when used with reference to an administrative claim or 24. "Identify" charge means state: a. identifythe claimant or charging party; b. the administrative office where filed; c. the number assignedto identify the claim or charge,and d. a brief summary of the nature of the claim or charge. 25. "Identify,"when used in any other context that is herein above set forth,means to describe the act, word, situation,event, etc. (and/or conduct, course of action of any nature whatsoever, includingwithout limitation any failure to act, to engage in any conduct or to pursue any course of action),to be identified as fully as possible and identifyeach document or communication or act in which such word. situation,event, conduct or act. course of action, etc., was recorded, refers or relates to each answer, forms all or part of the basis for an answer; and/or corroborates and answer. 26. You may, in lieu of identifying any Document or written communication, copyattach a true of each Document as an exhibit to the On each answers to these interrogatories. occasion in which you choose to attach a Document as your answer to an interrogatory, identifythe portion o f the Document that answers the interrogatory. 27. Identifyeach Document produced pursuant to an interrogatory by the paragraphnumber of in response to which is produced and by the file from which the document the interrogatory was produced. 28. If any of the information furnished in an answer to all or part of an interrogatoryis not within your personalknowledge, identifyeach person who has personalknowledge of the information furnished in such answer and each person who communicated to you any part of the information furnished. 29. If the answer to all or any part of the interrogatoryis not presentlyknown or available to you, include a statement to that effect,furnish the information now known or otherwise available to you, and respond to the entire interrogatoryby supplemental answer, in writing,under oath, within ten days from the time the entire answer becomes known or available to you, but in no event less than five days priorto trial. 30. If you contend that it would be unreasonably burdensome to obtain and provide all of the information called for in response to any one ofthese interrogatories or any subpartthereof, then in response to the appropriate or interrogatory subpart: a. set forth allsuch information that is available to you without undertaking what you contend to be an unreasonable burden; b. state with particularitythe grounds on which you contend that additional efforts to obtain such information would be unreasonablyburdensome; and c. describe with particularity the efforts made by you to secure such information, including,without limitation,the identityof all persons consulted, and files, of each person who participated records,and documents reviewed, and the identity in gatheringsuch information,includingthe duration of lime spent and nature of work done by each person. 31. Unless your response to an interrogatory is complete when made, these interrogatories are continuing insofar as you are to required promptly make further or supplemental answers if new information is discovered and/or acquiredby you between the date of your initial answer an?id any time thereafter. 32. If you claimin response to any request for production that any requested document is "privileged" and not subjectto discovery,you shall so state expresslyand, in addition,shall provide a privilegelog,describingthe nature of the documents, communications or things not produced or disclosed in a manner that, without revealingthe information itself privilegedor protected, will enable other parties to assess the applicabilityof the privilege or protection. 33. If all of the information furnished in answer to all or part of an interrogatoryis not within the personal knowledge of the affiant,identifyeach person to whom all or part of the information furnished is of personal knowledge and each person a matter who communicated to the affiant any part of the information furnished. 34. To the extent preciseand complete information cannot be furnished, such information as is available shall be supplied,together with an estimate of the precise and complete information. Where such an estimate is given,the method employed in making the estimate shall be described. Interrogatories 1. Please state the name, title,current business address, and phone number of all persons answering or assistingwith the answering o f this set o f interrogatories. 2. Please state the date that Defendant first received notice from Plaintiff for a claim of benefits under the Policy for water damage as described in the Complaint in this lawsuit. 3. With regard to Defendant's failure to pay Plaintiff's claim for benefits under the Policy, pleasestate: a. Why the Defendantfailed to provide a coverage determination and payment as to claim within the requiredcontractual and statutory time periods. Plaintiffs' b. Identifyeach person who participated or was involved in the claims process which resulted in Defendant's failure to provide a timely coverage determination and payment. c. Identifyeach document sent by Defendant to Plaintiff detailingthe reasons why Defendant failed to provide a timely coverage determination and payment. d. Please state the exact language contained in the Policy,which Defendant used to base its decision to not timelyprovidecoverage and payment of Plaintiffs. 4. Identifyeach person, by name, address, phone number and position,whom, on behalf of Defendant, inspected the subject property in reference to the claim described in the Complaint and the dates of each inspection. 5. Identifyall persons (otherthan Defendant) believed or known by you, your agents or attorneys, to have knowledge concerning any of the issues raised by the pleadings then specifythe subjectmatter about which the witnesses have knowledge and state whether you have obtained any statements (oral,written or recorded)from any of these witnesses. If any witness statements were taken please list the dates they were taken, by whom any such witness statements were taken and who has the present possession,custody and control of any such statements. 6. Please persons who, on Defendant's behalf, have participated list all in the investigation, or evaluation,adjusting handling ofthe claim involved hereto and specifythe nature ofthe partic*ationfor each and every such person and give the time period during which they partic*ated. 7. Please describe all requests made by Defendant upon Plaintiff,includingbut not limited Examination Under Oath, documents, Sworn Statement in Proof of Loss, to, requests for recorded statement, and inspections, in reference to the claim described in the Complaint, and the dates the requests were made. If no requests were made, pleaseexplainwhy. 8. Please state whether any payments were tendered to Plaintiff as a result of the claim as described in the Complaint. If any payments were tendered,pleaseprovide the amounts of said payments. If there were no payments tendered,pleaseexplainwhy. 9. Did Plaintiff and/or comply with all post-lossobligationsunder the Policy?If your answer is no,pleasespecifyeach and every post-lossobligation failed to comply Plaintiffallegedly with, and what prejudicehis allegedfailure to comply caused on Defendant. 10. Please list any and all previousclaims the Plaintiff on the subjectproperty in this filed by case, whether the claim was reportedto the Defendant or another insurance company. For each claim, pleaseprovide the date of loss,date o f reporting,descriptionof the claim and the insurance carrier's coverage determination. IN WITNESS WHEREOF, the Insurance Company has executed the foregoing answers to and interrogatories states that same are true and correct to the best ofthe undersigned'sknowledge and belief. Name of Insurance Company By: Title: STATE OF FLORIDA t t COUNTY OF t BEFORE ME, the undersigned authority,personallyappeared , who is personallyknown to me or who has produced as identification, being first duly sworn accordingto law, deposes and says that he executed the foregoingAnswers to Plaintiffs and that they are true and correct to the best of his/her knowledge and First Set of Interrogatories belief. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of my office; in the County and State last aforesaid,this dayor 2022.