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FILED:
a ! SUFFOLK COUNTY
IU. UWUGUDUD-UODO-MODO-DOO
IlVtslupe CLERK 12/23/2021
l -MOOI CO I OkOU 10:47 AM INDEX NO. 608053/2021
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 12/23/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
-- -----¬----------------------------------------- -------¬-X Index No.: 608053/21
HOME LINE PROPERTIES OF ISLIP TERRACE,LLC.,
RAFAEL AVGI and RACHAEL AVGI,
PLAINTIFFS
COMBINED
Plaintiffs, DEMANDS
-against-
KINGSTONE INSURANCE COMPANY, K. BELL
ASSOCIATES, INC., and KEN BELL,INDIVIDUALLY,
Defendants.
_____________..______________________________.·------------------------X
S I R S :
PLEASE TAKE NOTICE, Plaintiffs, by their attorney, The Law Office of Thomas
Tona, P.C., demands of Defendant KINGSTONE INSURANCE COMPANY, inspection of
material discoverable pursuant to CPLR 3101 et.seq and CPLR 3120 within thirty (30) days of
this demand. All demands are for claims under claim ñümber DFP00493NY relating to the fire
damage claim under policy number DF3014874-08 at address 39-41 Carleton Avenue, Islip
Terrace, NY 11752, unless otherwise specified.
DEM ANDS FOR DISCOVERY AND INSPECTION
1. Copies of all correspondences, e-mails, text messages, faxes, or any other form of
communication between Plaintiffs, HOME LINE PROPERTIES OF ISLIP TERRACE, LLC.,
RAFAEL AVGI and RACHAEL AVGI, or their representatives, Allon Avgi or others, and
Defendant representative agents regarding the KINGSTONE Insurance Company, Policy
Number DF3014874-08.
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NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 12/23/2021
2. Copies of all electronic payments and/or checks made payable by Plaintiffs,
HOME LINE PROPERTIES OF ISLIP TERRACE,LLC., RAFAEL AVGI and RACHAEL
AVGI, or their representatives, Alton Avgi or others for the payments of KINGSTONE Insurance
Company, Policy Number DF3014874-08.
3. Copies of all contracts and/or addendums to contracts entered into between the
Defendant, KINGSTONE INSURANCE COMPANY and Plaintiff, or their representatives,
Allon Avgi or others conceming KINGSTONE Insurance Company, Policy Number
DF3014874-08.
4. Copies of all other documents, e-mails, correspondence, or any other form of
communication between the Plaintiffs, or their representatives, Allon Avgi or others and
Defendant, KINGSTONE Insurance Company from November, 1, 2020 through present for any
claims concessiñg KINGSTONE Insurance Company, Policy Number DF3014874-08.
5. Copies of all discoverable papers c=±ed within the claim file relative to the
fire property damage claim designated by claim number DFP00493NY and with regard to
KINGSTONE Insurance Company, Policy Number DF3014874-08.
6. Copies of any communications and/or call logs with notes between defendant,
KINGSTONE Insurance Compañy and/or plaintiff's representatives coñeerñÃñg the claim
designated by claim number DFP00493NY and regarding KINGSTONE Insurance Company,
Policy Number DF3014874-08 except those commüñications which are privileged. If privilege is
claimed, please comply with the uniform court rules requirement regarding privilege.
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NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 12/23/2021
7. Copies of any books, papers, manuals, or guidelines with regard to the handling,
processing, accepting, denying or other management of first party fire claims that were in effect
on the date of loss.
8. Copies of any and all documents in the possession of Defendants, indicating its
determination of the dispasition of claim number DFP00492NY and regarding Kingstone
Insurance Company, Police Number DF3014874-08.
9. All correspondence, e-mails, text messages, facsimiles and/or letters in
Defêñdañts'
possession that relate to any payments or planned payments made from Defendants
to Plaintiff, or their representatives, Allon Avgi or others as a result of the claim designated by
claim number DFP00492NY and regarding Kingstone Insurance Company, Police Number
DF3014874-08.
10. Copies of all interñâl correspondence, claims files, log notes, e-mails, faxes, or
any other form of communication between KINGSTONE representatives and/or KINGSTONE
in house coüñsel concerning the property loss claim for 39-41 Carleton Avenue, Islip Terrace,
NY 11752 under claim ñümber DFP00492NY and regarding Kingstone Insurance Company,
Police Number DF3014874-08 .
11. Copies of all written KINGSTONE policies including but not limited to employee
handbooks, training materials, field claim mañüãls, branch claim manuals, legal manuals,
policies, procedures, guidelines, stañderds, field memos, bulletins and other written policy
pertaining to the negotiation of firstparty fire damage claims.
12. Copies of any and all documentation indicating the substance of any oral
statements concerning any issues in this case, including admissions against interest, taken of or
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NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 12/23/2021
from the party, an agent, servant or employee indicating the date the oral statement was made,
the name and description of the person made the oral statement and the name and address of the
person who heard the oral statement.
13. Copies of any standardized form or template letters authorized for transmittal to
insureds in similar cases.
14. Copies of course materials distributed to adjuster for training purposes in regards
to first-party fireproperty damage claims.
15. Copies of Office of Insurance Commissioner complaints agaiñst the carrier related
to the handling of fire property damage claims made in the last five years.
16. Copies documents or communications regarding incentive programs for
any
claims suppression.
17. Please produce a coroplete and genuine copy of any and all documents relating to
the creation, implementation, and application of any cost containment, pay, bonus, or incentive
programs for claims handling or claims handling employees and supervisors from 2000 to the
present.
18. Please produce a complete and genuine copy of all KINGSTONE policies,
procedures, manuals, standards, bulletins, training, defense guidelines or similar materials
relating to the handling of first party fire damage claims, setting of reserves, defense of or
litigation involving a first party insured fire claim. This request includes, but is not limited to,
documents relevant to the notification and tender of claims, coverage issues, reservation of
rights, cooperation, investigation, evaluation, commüñication, ñegotiation, settlement, payment,
setting of reserves, defense, bad faith, cost-cutting or containment, pay incentives for claims
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NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 12/23/2021
handlers or supervisors, or other aspects related to or arising from the handling or litigation of
any claim or coverage issue from the time any of the relevant insured's applied for coverage
onward. Please note that these requests include, but are not limited to, litigation management
programs, defense counsel guidelines, or similarly worded programs relating to the activities of
appointed defense counsel, as well as lists of approved or acceptable defense counsel, counsel
retainer agreements, billing guidelines, or similar documents.
19. Please produce a complete and genuine copy of all personnel files for any person
involved in the handling of any aspect of the first party claim involved herein. Please note: If
there is any confidential information in these personnel files,that information should be pointed
out with specificity before the due date for answering these requests in an effort to obtain
agreement on redaction or protection. Claims of privilege must coniply with the uniform rules
regarding same.
20. Copies of claim policy practices and procedure manüâls in effect at the time of the
claim including any revisions and other forms of written communication directed to claims
personnel, mâñagcrs or supervisors or any other person acting on behalf of insurer that refer to
general claim handling or handling of claims of like character.
21. Copies of all Claim Representative notes which should include but not be limited
to handwritten logs and system and supervisor entries regarding the instant fire property damage
claim.
22. Copies of all property damage records ine!uding but not limited to lost net
calculations, lost rent calculations and total loss exposure relating to this claim.
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NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 12/23/2021
23. Copies of all computerized files and any file folders in which any of the requested
documents are kept.
24. Copies of the original claim file, including the physical folder (where other
notations may have been made) and complete claim files regarding the claimant whether they are
held in insurer's local field offices, the regional office, the home office or any other office.
25. All copies of letters, memoranda and other forms of written communication to or
from any employee of the insurer relating in any way to the claims which are the subject of this
litigation.
26. Copies of all documents including written records of oral conversations, regarding
any comrñüñication between the Defendant Insurer and Plaintiff's, or their representãtives, Allon
Avgi or others.
27. All documents including written records of oral conversations, regarding any
communication betweeñ insurer and any third party relating in any way to the claims which are
the subject of this litigation.
28. All documents including written records of oral conversations, regarding any
communication to or from any employee of the insurer relating to the processing of the claims
herein at issue.
29. All documents including written records of oral conversations, regarding any
commüñication between insurer's agents or indepeñdeñt contractors and Plaintiff's, or their
representatives, Allon Avgi or others.
30. All documents and communications relating to the decision to deny the plaintiff's
claims.
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ppo-vopo-••oca-ooa u-naci cosoun12/23/2021
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NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 12/23/2021
31. Copies of claim policy practices and procedure manuals in effect at the time of the
claim including any revisions and other forms of written communication directed to claims
personnel, managers or supervisors or any other person acting on behalf of the insurer that refer
to general fire property damage claim handling or handling of claims of like character.
32. Copies of all sworn and unsworn statements taken by the insurer relating to this
action.
33. Copies of all text messages, emails, internal instant messages or chat log records
relating to the claims which are the subject of this litigation.
34. Copies of all other written documents pertaining to the claims at issue in this
litigation.
35. Copies of all claim representative notes which should include but not be limited to
handwritten logs and system and supervisor entries relative to the claims at issue in the instant
litigation.
36. Copies of all uñderwriting files referring or relating in any way to the policies at
issue and the file folders in which they were kept.
37. Copies of all re-insurance files referring to insurer's re-insurance of the risks
covered by the policies and claims at issue in the instant litigation.
38. Copies of any and all documents, records or other tangible evidence of any nature
whatsoever that insurer claims in any way supports the denial of plaintiff's claim which is the
subject of this litigation.
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NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 12/23/2021
39. Copies of all complaints from customers or insureds made to the insurer
concerning the maññer in which fire loss insurance claims were handled by the insurer from two
years prior to date of loss to present.
40. Copies of all reserve settings for the instant claim.
41. Copies of all printed or otherwise viewable information regarding the claim, all
information by whatever medium stored regarding the use of computerized evalüãtion of the
underlying claim.
42. Complete copies of any and all investigative files pertinent to this claim and the
instant litigation.
43. Copies of negotiation strategy worksheets particular to this claim and the instant
litigation.
44. Copies of all records pertaining to claimañt contact, including dates and times of
personal or telephone coñtacts and contacts through the use of flyers, letters and other
documents.
45. Copies of all information contãiñcd on any computer database that references the
underlying claim, the instant litigation or claimants herein.
46. Copies of all information obtained pertaining to jury verdict research performed
prior to settlement offers being made.
47. Copies of all impact assessment data by the insurer or any representative thereof
relative to the instant claim or litigation.
48. Copies of any fraud files or documentation prepared on Plaintiff.
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uucuaiyus envenupeev. ovuaucuo-cooo-••ooa-oca u-naouco uovoz,
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 12/23/2021
49. Copies of all information mair-taked by the special investigative unit with regard
to Plaintiff.
50. Copies of promotional materials distributed, for two years prior to date of loss to
present, by insurer whether by print or other media that refer or relate in any way to the type of
policy here at issue.
51. Copies of any surveillance documents or investigation materials related to this
claim or litigation.
52. Copies of all insurance practices in effect on date of loss pertaining to firedamage
property loss claims.
53. Copies of all claim mañüals and memorandums, in effect on date of loss,
pertaining to fire damage property loss claims.
54. Copies of all quality assurance maiiüãls and audit procedures or reports relative to
the instant claim or litigation.
55. Copies of any evidence of a pattern of wrongful conduct on the instant claim.
56. Copies of all other claim filesinvolving similar claims, for two years prior to date
of loss to present for all employees, officers, agents or other representatives of insurer
FIRESTONE, involved with this claim or litigation.
57. Copies of all department of Insurance consumer complaints for two years prior to
date of loss to present.
58. Copies of all Department of Insurance Market Conduct Examinations for two
years prior to date of loss to present.
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FILED: SUFFOLK COUNTY CLERK 12/23/2021
gu. wavauvoo-wooo-••ooa-coau-nacacouovazr 10:47 AM INDEX NO. 608053/2021
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NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 12/23/2021
59. Copies of all claim payment goals/incentive plans which apply to any
KINGSTONE employees handling claim DFP00493NY at any point since opening of the claim.
60. Copies of all documentation related to reduction in average claim costs in
existence on date of loss related to firstparty fire damage claims.
61. Copies of all proof of savings generated by defendant's fraud unit/department
from date of loss to present.
62. Copies of all of the following performance measurements of each and every
employee, attorney, contractor, subcontractor or affiliate who has worked on the matter which is
the subject of this litigation:
a. Performance evaluations
b. Disciplinary reports
c. Incentive plans
d. Operation reports
e. Management conference hañdouts/presentations
f. Communications with insurance rating compsiles
63. Copies of all documents constituting, referring to or relating to any notice or other
correspondence provided to Plaintiff's, or their representatives, Allon Avgi or others by
KINGSTONE with respect to the denial of coverage under the policy.
64. Copies of all documents constituting, reflecting or relating to any commüñications
between any Plaintiff, or their representatives, Allon Avgi or others and Defendant on November
28, 2020 and at any time thereafter.
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gu. COUNTYpoo CLERK
maropo••,ooo- i-noouco 12/23/2021
guuoz, 10:47 AM INDEX NO. 608053/2021
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NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 12/23/2021
65. Copies of all documents in any form, including but not limited to computer
entries, "administrative messages", e-mail or I messages, constituting, reflecting or relating to
any communication between anyone regarding plaintiffs or their representatives.
66. Copies of all documents constituting, reflecting or relating to any communications
between Plaintiff, or their representatives, Allon Avgi or others and Defendant or any other
insurance agent or insurance broker regarding Plaintiff's claim for insurance benefits, or any
other policy issued to Plaintiff's.
67. All documents constituting, reflecting or relating to the reserve set on Plaintiff's
claim.
68. Copies of all documents constituting, reflecting or relating to communications
between anyone in the fire claim property field, including but not limited to third party fire
property damage consultants and experts regarding documents reviewed in regard to the claim
herein or the instant litigation.
69. Copies of the personnel file of Les Ogles, claim representative with KINGSTONE
Insurance Company including application for employment, resume, cvaluations performed by
supervisors, evidence of bonuses received, evidence of awards given.
70. With regard to the instant claim, denial of claim and this litigation, copies of all
docurñents ever prepared by Les Ogles on behalf of KINGSTONE Insurance Company with
respect to any task assigned to him, including but not limited to duration studies, ãüditing of
claims, participating in roundtable reviews.
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uuuuo y n en vumuµumu.uuvavoco-nopo-•+ooa-poamwaaucosvoazs12/23/2021 10:47 AM
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 12/23/2021
71. With regard to the instant claim, denial of claim and this litigatics, copies of all
documents created, obtained or reviewed by Les Ogles with respect to the duties of his
employment with KINGSTONE Insurance Company.
72. With regard to the instant claim, denial of claim and this litigation, copies of all
documents made available to Les Ogles regarding the following topics: the performance of their
job, what documents to obtain during their handling of a claim in the field, how to conduct
interviews, who to interview, how to investigate a claim, what to include in written reports to
anyone at the company, what documentation to collect, what documentation to create while
assigned a particular claim.
73. Copies of all documents ever prepared by Les Ogles for KINGSTONE Insurance
Company with respect to any task assigned to him on the instant claim, denial or litigation herein
while an employee.
74. Copies of all written report(s) prepared by all expert witnesses whom you intend
to call as a witness in the trialof this matter.
75. Copies of all written report(s) prepared by all expert witnesses retained by the
Defendant with regard to Plaintiff whether or not said expert(s) are expected to testify in the trial
of this matter.
76. All documents reviewed by all expert witnesses and/or which form the basis for
any statement and/or opinion contained and set forth in each expert report.
77. Copies of all documents executed, submitted and/or delivered to Defendant's in
connection with Plaintiff's initial application for the policy, Kingstone Policy #DF3014874-08.
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NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 12/23/2021
78. Copies of all notice of claim and proof of claim forms submitted by or on behalf
of Plaintiff, or their represêñtatives, Allon Avgi or others for benefits under the policy.
79. Copies of all documents authored by or on behalf of KINGSTONE Insurañce
Company and/or forwarded to Plaintiffs, or their representatives, Allon Avgi or others in
connection with their application for coverage and/or claims for bêñefits under the instant claim
or litigation.
80. Copies of all documents authored by and/or on behalf of KINGSTONE Insurance
Company with respect to the Policy issued to Plaintiffs which is the subject of this litigation.
81. Copies of all documents that relate to,concern, refer and/or establish each
separate defense asserted by Defendant, KINGSTONE in regard to this litigation.
82. Copies of any statements, telephone recordings or recorded conversations which
reflect KINGSTONE Insurance Company's conversations or communications with its
employees, agents, representatives or with Plaintiff's, or their representatives, Allon Avgi or
others in regard to this litigation.
83. Copies of all documents that you intend to use as exhibits at the depasition of any
party in this litigation.
84. Copies of all documents that you intend to use as exhibits at trial.
85. Copies of all other documents not otherwise identified herein upon which you
may rely at the trialof this matter.
86. Copies of all policies, procedures and/or criteria reduced to writing by any
employee of KINGSTONE Insurance Company used to determine whether or not to deny the
claim which is the subject matter of this litigation.
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NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 12/23/2021
87. Copies of all documêñts provided by KINGSTONE or its employees to any
person or unit handling the instant claims made for first party fire property damage benefits
pursuant to policies written by KINGSTONE.
88. Copies of all documents relating to or reflecting KINGSTONE's guidelines for
claim representatives in the administration, management, objectification, verification, validation
of fire loss property damage claims relating to the instant policy, claims, verifications, denials or
litigation.
89. Copies of all documents reflecting or relating to KINGSTONE's training of claim
representatives in commüñicating and/or negotiating with claimañts over the telephone or
otherwise, dating from two years prior to the date of loss to present.
90. Copies of all documents reflecting or relating to KINGSTONE's record keeping
policies & procedures to retain the original claim and underwriting filefor each cle=ªnt in
effect on the date of loss.
91. Copies of all documents which reflect what unit of KINGSTONE was handling
plaintiffs'
file from the inception of the claim to the present.
92. Copies of all sample letters, forms and any written documents whether hard copy
or computer generated, in existence from two years prior to the date of loss to the present, which
provides language to claim represêñtatives to use in letters of denial to claimants.
93. Copies of all documentation, including but not limited to guides, training
manuals, policies & procedures in effect on the date of loss of November 28, 2020 to the present,
conce
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NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 12/23/2021
plaintiffs'
94. Copies of a log of all documents relating to claim which were
destroyed by anyone craployed by KINGSTONE relative to this action.
95. Copies of all deposition transcripts for employees, agents, or servants, who have
performed any work on defendant's behalf with respect to the instant policy, claims, verifications
or denials which are the subject matter of this litigation.
review"
96. Copies of all documents concerning defendant's conduct of a "roundtable
of Plaintiffs claims at any time, including but not limited to documents completed by consultants
monitoring the status of cases which had been roundtable which reflect that Plaintiffs claim had
been roundtabled.
97. Copies of the entire contents of any investigation file or files and any other
documentary material in your possession which support or which is in any way related to the
allegations coñtained in the pleadings filed in this action.
98. Copies of the original or a legible copy of any and all statements, reports or
memoranda setting forth the facts disclosed in any and all inspections, testing or investigation
with reference to the above-captioned claim being in your põssession or under the control of you,
your agents, servants, workmen and/or employees or counsel which formed the based of the
denial of claims which was issued for claims #DFP00492NY.
99. Copies of and all documents notes, records, reports, computerized
any including
documents, statements, letters, memorandum and the like by and between defêñdsts and/or
defendant's employees and company, and/or representatives, and/or plaintiffs and their counsel.
As to any documents which are objected to or not produced on the basis of attorney client
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NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 12/23/2021
privilege, kindly provide the specific nature of said document(s) concerning the defan±=±s claim
for privilege in compliance with the uniform rules regarding the same.
100. Copies of any and all documentation related to any and all letters of reservations
of rights issued relative to the fire property damage claim herein.
DEMAND FOR COPIES OF TAPE RECORDINGS
The Plaintiffs hereby demand that Defendant produce at the office of the undersigned
attorney, within twenty (20) days from your receipt of this ñotice. all tape or digital recordings,
voice recordings or voice mail of the Defendants to allow the Plaintiffs to listen to and copy any
such recording, relating to the instañt policy, claims, verifications, denials which are the subject
of this litigation from date of loss, November 28, 2020, to present.
The aforesaid production may be complied with by sending a true copy of each
aforementioned recordings, voice recõrdings or voicemail to the undersigned within the time
herein specified.
DEMAND TO RETAIN, PRESERVE, PROTECT AND
INSPECT PHYSICAI, EVIDENCE
Each party is hereby required to retain, preserve, protect and allow the Plaintiff's to
inspect up to and including the time of trial any and all physical evidence in connection with this
claim.
DEMAND FOR STATEMENTS
A copy of any oral or written stateiñent now in defendant, KINGSTONE Insurance
Company's, possession or which may come into defendant, KINGSTONE Insurance Company's
possession, whether signed, unsigned or a transcript of an electronically recorded statement,
regarding the claim which is the basis for this litigation allegedly made by or taken from any
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party, or from any agent, servant, or employee of said party.
DEMAND FOR PHOTOGRAPHS
Copies of all photographs, videotapes, films, audiovisuals and media recordings
possessed or controlled Defenaant KINGSTONE Insurance Compâñy, relative to the claim
by
designated by claim number DFP00493NY and regarding KINGSTONE Insurance Corspãñy,
Policy Number DF3014874-08.
DEMAND FOR WITNESSES
Names and addresses of individuals known the defendant KINGSTONE
any by
Insurance Company, to be a witñêss to matters concerning the claim designated by claim number
DFP00493NY and regarding KINGSTONES Insurance Company, Policy Number
DF3014874-08.
a. Be a witness to contract drafting by either party.
b. Be a witness to contract execution by either party.
PLEASE TAKE FURTHER NOTICE, that the foregoing are continuing demands and
that if any of the above items are obtained after date of this Demand, they are to be furnished to
the undersigned pursuant to these demands.
PLEASE TAKE FURTHER NOTICE that the statements, documents, reports,
photographs, contracts, etc. are to be produced at the office of Thomas Tona, P.C., 152 Islip
Avenue, Suite 18, Islip, New York 11751.
PLEASE TAKE FURTHER NOTICE that upon failure to comply with this discovery
notice, the undersigned will object at
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FILED: a ! SUFFOLK COUNTY IU. UWUGUDUD-UODO-MODO-DOO IlVtslupe CLERK 12/23/2021 l -MOOI CO I OkOU 10:47 AM INDEX NO. 608053/2021 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 12/23/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK -- -----¬----------------------------------------- -------¬-X Index No.: 608053/21 HOME LINE PROPERTIES OF ISLIP TERRACE,LLC., RAFAEL AVGI and RACHAEL AVGI, PLAINTIFFS COMBINED Plaintiffs, DEMANDS -against- KINGSTONE INSURANCE COMPANY, K. BELL ASSOCIATES, INC., and KEN BELL,INDIVIDUALLY, Defendants. _____________..______________________________.·------------------------X S I R S : PLEASE TAKE NOTICE, Plaintiffs, by their attorney, The Law Office of Thomas Tona, P.C., demands of Defendant KINGSTONE INSURANCE COMPANY, inspection of material discoverable pursuant to CPLR 3101 et.seq and CPLR 3120 within thirty (30) days of this demand. All demands are for claims under claim ñümber DFP00493NY relating to the fire damage claim under policy number DF3014874-08 at address 39-41 Carleton Avenue, Islip Terrace, NY 11752, unless otherwise specified. DEM ANDS FOR DISCOVERY AND INSPECTION 1. Copies of all correspondences, e-mails, text messages, faxes, or any other form of communication between Plaintiffs, HOME LINE PROPERTIES OF ISLIP TERRACE, LLC., RAFAEL AVGI and RACHAEL AVGI, or their representatives, Allon Avgi or others, and Defendant representative agents regarding the KINGSTONE Insurance Company, Policy Number DF3014874-08. 1 of 20 FILED: SUFFOLK COUNTY CLERK 12/23/2021 10:47 AM INDEX NO. 608053/2021 ru. uuuuogyue cauvelope usuaavoo-vooo-•eooc-oca e-esocaco gouazt NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 12/23/2021 2. Copies of all electronic payments and/or checks made payable by Plaintiffs, HOME LINE PROPERTIES OF ISLIP TERRACE,LLC., RAFAEL AVGI and RACHAEL AVGI, or their representatives, Alton Avgi or others for the payments of KINGSTONE Insurance Company, Policy Number DF3014874-08. 3. Copies of all contracts and/or addendums to contracts entered into between the Defendant, KINGSTONE INSURANCE COMPANY and Plaintiff, or their representatives, Allon Avgi or others conceming KINGSTONE Insurance Company, Policy Number DF3014874-08. 4. Copies of all other documents, e-mails, correspondence, or any other form of communication between the Plaintiffs, or their representatives, Allon Avgi or others and Defendant, KINGSTONE Insurance Company from November, 1, 2020 through present for any claims concessiñg KINGSTONE Insurance Company, Policy Number DF3014874-08. 5. Copies of all discoverable papers c=±ed within the claim file relative to the fire property damage claim designated by claim number DFP00493NY and with regard to KINGSTONE Insurance Company, Policy Number DF3014874-08. 6. Copies of any communications and/or call logs with notes between defendant, KINGSTONE Insurance Compañy and/or plaintiff's representatives coñeerñÃñg the claim designated by claim number DFP00493NY and regarding KINGSTONE Insurance Company, Policy Number DF3014874-08 except those commüñications which are privileged. If privilege is claimed, please comply with the uniform court rules requirement regarding privilege. 2 of 20 FILED: SUFFOLK • suenvelope COUNTY CLERK 12/23/2021 10:47 AM INDEX NO. 608053/2021 iu.evuacupo-vopowooo-poau-naa t co uuua4, NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 12/23/2021 7. Copies of any books, papers, manuals, or guidelines with regard to the handling, processing, accepting, denying or other management of first party fire claims that were in effect on the date of loss. 8. Copies of any and all documents in the possession of Defendants, indicating its determination of the dispasition of claim number DFP00492NY and regarding Kingstone Insurance Company, Police Number DF3014874-08. 9. All correspondence, e-mails, text messages, facsimiles and/or letters in Defêñdañts' possession that relate to any payments or planned payments made from Defendants to Plaintiff, or their representatives, Allon Avgi or others as a result of the claim designated by claim number DFP00492NY and regarding Kingstone Insurance Company, Police Number DF3014874-08. 10. Copies of all interñâl correspondence, claims files, log notes, e-mails, faxes, or any other form of communication between KINGSTONE representatives and/or KINGSTONE in house coüñsel concerning the property loss claim for 39-41 Carleton Avenue, Islip Terrace, NY 11752 under claim ñümber DFP00492NY and regarding Kingstone Insurance Company, Police Number DF3014874-08 . 11. Copies of all written KINGSTONE policies including but not limited to employee handbooks, training materials, field claim mañüãls, branch claim manuals, legal manuals, policies, procedures, guidelines, stañderds, field memos, bulletins and other written policy pertaining to the negotiation of firstparty fire damage claims. 12. Copies of any and all documentation indicating the substance of any oral statements concerning any issues in this case, including admissions against interest, taken of or 3 of 20 FILED: SUFFOLK COUNTY CLERK 12/23/2021 10:47 AM INDEX NO. 608053/2021 uuuuoryn •-noa cuivenupe su. v auauupo-vooo-wooo-oco aco i uum NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 12/23/2021 from the party, an agent, servant or employee indicating the date the oral statement was made, the name and description of the person made the oral statement and the name and address of the person who heard the oral statement. 13. Copies of any standardized form or template letters authorized for transmittal to insureds in similar cases. 14. Copies of course materials distributed to adjuster for training purposes in regards to first-party fireproperty damage claims. 15. Copies of Office of Insurance Commissioner complaints agaiñst the carrier related to the handling of fire property damage claims made in the last five years. 16. Copies documents or communications regarding incentive programs for any claims suppression. 17. Please produce a coroplete and genuine copy of any and all documents relating to the creation, implementation, and application of any cost containment, pay, bonus, or incentive programs for claims handling or claims handling employees and supervisors from 2000 to the present. 18. Please produce a complete and genuine copy of all KINGSTONE policies, procedures, manuals, standards, bulletins, training, defense guidelines or similar materials relating to the handling of first party fire damage claims, setting of reserves, defense of or litigation involving a first party insured fire claim. This request includes, but is not limited to, documents relevant to the notification and tender of claims, coverage issues, reservation of rights, cooperation, investigation, evaluation, commüñication, ñegotiation, settlement, payment, setting of reserves, defense, bad faith, cost-cutting or containment, pay incentives for claims 4 of 20 FILED: SUFFOLK COUNTY CLERK 12/23/2021 10:47 AM INDEX NO. 608053/2021 uu uogy gucu venupu mu wououcoo-mono-•ecoo-coa u-nao : co sovoo NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 12/23/2021 handlers or supervisors, or other aspects related to or arising from the handling or litigation of any claim or coverage issue from the time any of the relevant insured's applied for coverage onward. Please note that these requests include, but are not limited to, litigation management programs, defense counsel guidelines, or similarly worded programs relating to the activities of appointed defense counsel, as well as lists of approved or acceptable defense counsel, counsel retainer agreements, billing guidelines, or similar documents. 19. Please produce a complete and genuine copy of all personnel files for any person involved in the handling of any aspect of the first party claim involved herein. Please note: If there is any confidential information in these personnel files,that information should be pointed out with specificity before the due date for answering these requests in an effort to obtain agreement on redaction or protection. Claims of privilege must coniply with the uniform rules regarding same. 20. Copies of claim policy practices and procedure manüâls in effect at the time of the claim including any revisions and other forms of written communication directed to claims personnel, mâñagcrs or supervisors or any other person acting on behalf of insurer that refer to general claim handling or handling of claims of like character. 21. Copies of all Claim Representative notes which should include but not be limited to handwritten logs and system and supervisor entries regarding the instant fire property damage claim. 22. Copies of all property damage records ine!uding but not limited to lost net calculations, lost rent calculations and total loss exposure relating to this claim. 5 of 20 FILED: SUFFOLK COUNTY CLERK 12/23/2021 10:47 AM INDEX NO. 608053/2021 uuuuouysu cuuveuupe gu. wrea:::--vooo-*ono-poou-noo acoavoo4, NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 12/23/2021 23. Copies of all computerized files and any file folders in which any of the requested documents are kept. 24. Copies of the original claim file, including the physical folder (where other notations may have been made) and complete claim files regarding the claimant whether they are held in insurer's local field offices, the regional office, the home office or any other office. 25. All copies of letters, memoranda and other forms of written communication to or from any employee of the insurer relating in any way to the claims which are the subject of this litigation. 26. Copies of all documents including written records of oral conversations, regarding any comrñüñication between the Defendant Insurer and Plaintiff's, or their representãtives, Allon Avgi or others. 27. All documents including written records of oral conversations, regarding any communication betweeñ insurer and any third party relating in any way to the claims which are the subject of this litigation. 28. All documents including written records of oral conversations, regarding any communication to or from any employee of the insurer relating to the processing of the claims herein at issue. 29. All documents including written records of oral conversations, regarding any commüñication between insurer's agents or indepeñdeñt contractors and Plaintiff's, or their representatives, Allon Avgi or others. 30. All documents and communications relating to the decision to deny the plaintiff's claims. 6 of 20 FILED: SUFFOLK COUNTY CLERK INDEX NO. 608053/2021 uucuoiyui cuivusuyu au. usuaa ppo-vopo-••oca-ooa u-naci cosoun12/23/2021 s 10:47 AM NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 12/23/2021 31. Copies of claim policy practices and procedure manuals in effect at the time of the claim including any revisions and other forms of written communication directed to claims personnel, managers or supervisors or any other person acting on behalf of the insurer that refer to general fire property damage claim handling or handling of claims of like character. 32. Copies of all sworn and unsworn statements taken by the insurer relating to this action. 33. Copies of all text messages, emails, internal instant messages or chat log records relating to the claims which are the subject of this litigation. 34. Copies of all other written documents pertaining to the claims at issue in this litigation. 35. Copies of all claim representative notes which should include but not be limited to handwritten logs and system and supervisor entries relative to the claims at issue in the instant litigation. 36. Copies of all uñderwriting files referring or relating in any way to the policies at issue and the file folders in which they were kept. 37. Copies of all re-insurance files referring to insurer's re-insurance of the risks covered by the policies and claims at issue in the instant litigation. 38. Copies of any and all documents, records or other tangible evidence of any nature whatsoever that insurer claims in any way supports the denial of plaintiff's claim which is the subject of this litigation. 7 of 20 FILED: SUFFOLK COUNTY CLERK 12/23/2021 10:47 AM INDEX NO. 608053/2021 u uuouyn cuuvegope uu- mmuououo-mopo-•eoca-oca u-Maa uco evuazz NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 12/23/2021 39. Copies of all complaints from customers or insureds made to the insurer concerning the maññer in which fire loss insurance claims were handled by the insurer from two years prior to date of loss to present. 40. Copies of all reserve settings for the instant claim. 41. Copies of all printed or otherwise viewable information regarding the claim, all information by whatever medium stored regarding the use of computerized evalüãtion of the underlying claim. 42. Complete copies of any and all investigative files pertinent to this claim and the instant litigation. 43. Copies of negotiation strategy worksheets particular to this claim and the instant litigation. 44. Copies of all records pertaining to claimañt contact, including dates and times of personal or telephone coñtacts and contacts through the use of flyers, letters and other documents. 45. Copies of all information contãiñcd on any computer database that references the underlying claim, the instant litigation or claimants herein. 46. Copies of all information obtained pertaining to jury verdict research performed prior to settlement offers being made. 47. Copies of all impact assessment data by the insurer or any representative thereof relative to the instant claim or litigation. 48. Copies of any fraud files or documentation prepared on Plaintiff. 8 of 20 FILED: SUFFOLK COUNTY CLERK 12/23/2021 10:47 AM INDEX NO. 608053/2021 uucuaiyus envenupeev. ovuaucuo-cooo-••ooa-oca u-naouco uovoz, NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 12/23/2021 49. Copies of all information mair-taked by the special investigative unit with regard to Plaintiff. 50. Copies of promotional materials distributed, for two years prior to date of loss to present, by insurer whether by print or other media that refer or relate in any way to the type of policy here at issue. 51. Copies of any surveillance documents or investigation materials related to this claim or litigation. 52. Copies of all insurance practices in effect on date of loss pertaining to firedamage property loss claims. 53. Copies of all claim mañüals and memorandums, in effect on date of loss, pertaining to fire damage property loss claims. 54. Copies of all quality assurance maiiüãls and audit procedures or reports relative to the instant claim or litigation. 55. Copies of any evidence of a pattern of wrongful conduct on the instant claim. 56. Copies of all other claim filesinvolving similar claims, for two years prior to date of loss to present for all employees, officers, agents or other representatives of insurer FIRESTONE, involved with this claim or litigation. 57. Copies of all department of Insurance consumer complaints for two years prior to date of loss to present. 58. Copies of all Department of Insurance Market Conduct Examinations for two years prior to date of loss to present. 9 of 20 FILED: SUFFOLK COUNTY CLERK 12/23/2021 gu. wavauvoo-wooo-••ooa-coau-nacacouovazr 10:47 AM INDEX NO. 608053/2021 ouwougsg cuevenuµa NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 12/23/2021 59. Copies of all claim payment goals/incentive plans which apply to any KINGSTONE employees handling claim DFP00493NY at any point since opening of the claim. 60. Copies of all documentation related to reduction in average claim costs in existence on date of loss related to firstparty fire damage claims. 61. Copies of all proof of savings generated by defendant's fraud unit/department from date of loss to present. 62. Copies of all of the following performance measurements of each and every employee, attorney, contractor, subcontractor or affiliate who has worked on the matter which is the subject of this litigation: a. Performance evaluations b. Disciplinary reports c. Incentive plans d. Operation reports e. Management conference hañdouts/presentations f. Communications with insurance rating compsiles 63. Copies of all documents constituting, referring to or relating to any notice or other correspondence provided to Plaintiff's, or their representatives, Allon Avgi or others by KINGSTONE with respect to the denial of coverage under the policy. 64. Copies of all documents constituting, reflecting or relating to any commüñications between any Plaintiff, or their representatives, Allon Avgi or others and Defendant on November 28, 2020 and at any time thereafter. 10 of 20 FILED: SUFFOLK gu. COUNTYpoo CLERK maropo••,ooo- i-noouco 12/23/2021 guuoz, 10:47 AM INDEX NO. 608053/2021 uuouoiyuicauvegupe er•_ucu NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 12/23/2021 65. Copies of all documents in any form, including but not limited to computer entries, "administrative messages", e-mail or I messages, constituting, reflecting or relating to any communication between anyone regarding plaintiffs or their representatives. 66. Copies of all documents constituting, reflecting or relating to any communications between Plaintiff, or their representatives, Allon Avgi or others and Defendant or any other insurance agent or insurance broker regarding Plaintiff's claim for insurance benefits, or any other policy issued to Plaintiff's. 67. All documents constituting, reflecting or relating to the reserve set on Plaintiff's claim. 68. Copies of all documents constituting, reflecting or relating to communications between anyone in the fire claim property field, including but not limited to third party fire property damage consultants and experts regarding documents reviewed in regard to the claim herein or the instant litigation. 69. Copies of the personnel file of Les Ogles, claim representative with KINGSTONE Insurance Company including application for employment, resume, cvaluations performed by supervisors, evidence of bonuses received, evidence of awards given. 70. With regard to the instant claim, denial of claim and this litigation, copies of all docurñents ever prepared by Les Ogles on behalf of KINGSTONE Insurance Company with respect to any task assigned to him, including but not limited to duration studies, ãüditing of claims, participating in roundtable reviews. 11 of 20 FILED: SUFFOLK COUNTY CLERK INDEX NO. 608053/2021 uuuuo y n en vumuµumu.uuvavoco-nopo-•+ooa-poamwaaucosvoazs12/23/2021 10:47 AM NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 12/23/2021 71. With regard to the instant claim, denial of claim and this litigatics, copies of all documents created, obtained or reviewed by Les Ogles with respect to the duties of his employment with KINGSTONE Insurance Company. 72. With regard to the instant claim, denial of claim and this litigation, copies of all documents made available to Les Ogles regarding the following topics: the performance of their job, what documents to obtain during their handling of a claim in the field, how to conduct interviews, who to interview, how to investigate a claim, what to include in written reports to anyone at the company, what documentation to collect, what documentation to create while assigned a particular claim. 73. Copies of all documents ever prepared by Les Ogles for KINGSTONE Insurance Company with respect to any task assigned to him on the instant claim, denial or litigation herein while an employee. 74. Copies of all written report(s) prepared by all expert witnesses whom you intend to call as a witness in the trialof this matter. 75. Copies of all written report(s) prepared by all expert witnesses retained by the Defendant with regard to Plaintiff whether or not said expert(s) are expected to testify in the trial of this matter. 76. All documents reviewed by all expert witnesses and/or which form the basis for any statement and/or opinion contained and set forth in each expert report. 77. Copies of all documents executed, submitted and/or delivered to Defendant's in connection with Plaintiff's initial application for the policy, Kingstone Policy #DF3014874-08. 12 of 20 FILED: SUFFOLK COUNTY CLERK 12/23/2021 10:47 AM INDEX NO. 608053/2021 uncuouyuicuuvvivperu.usuocooo-momooo-coo a-naauco suvur NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 12/23/2021 78. Copies of all notice of claim and proof of claim forms submitted by or on behalf of Plaintiff, or their represêñtatives, Allon Avgi or others for benefits under the policy. 79. Copies of all documents authored by or on behalf of KINGSTONE Insurañce Company and/or forwarded to Plaintiffs, or their representatives, Allon Avgi or others in connection with their application for coverage and/or claims for bêñefits under the instant claim or litigation. 80. Copies of all documents authored by and/or on behalf of KINGSTONE Insurance Company with respect to the Policy issued to Plaintiffs which is the subject of this litigation. 81. Copies of all documents that relate to,concern, refer and/or establish each separate defense asserted by Defendant, KINGSTONE in regard to this litigation. 82. Copies of any statements, telephone recordings or recorded conversations which reflect KINGSTONE Insurance Company's conversations or communications with its employees, agents, representatives or with Plaintiff's, or their representatives, Allon Avgi or others in regard to this litigation. 83. Copies of all documents that you intend to use as exhibits at the depasition of any party in this litigation. 84. Copies of all documents that you intend to use as exhibits at trial. 85. Copies of all other documents not otherwise identified herein upon which you may rely at the trialof this matter. 86. Copies of all policies, procedures and/or criteria reduced to writing by any employee of KINGSTONE Insurance Company used to determine whether or not to deny the claim which is the subject matter of this litigation. 13 of 20 FILED: SUFFOLK COUNTY CLERK 12/23/2021 10:47 AM INDEX NO. 608053/2021 u uouyugcuuvesgupu gu. voucocoo-wooo-•eooo-poau-nca ucouovaz, NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 12/23/2021 87. Copies of all documêñts provided by KINGSTONE or its employees to any person or unit handling the instant claims made for first party fire property damage benefits pursuant to policies written by KINGSTONE. 88. Copies of all documents relating to or reflecting KINGSTONE's guidelines for claim representatives in the administration, management, objectification, verification, validation of fire loss property damage claims relating to the instant policy, claims, verifications, denials or litigation. 89. Copies of all documents reflecting or relating to KINGSTONE's training of claim representatives in commüñicating and/or negotiating with claimañts over the telephone or otherwise, dating from two years prior to the date of loss to present. 90. Copies of all documents reflecting or relating to KINGSTONE's record keeping policies & procedures to retain the original claim and underwriting filefor each cle=ªnt in effect on the date of loss. 91. Copies of all documents which reflect what unit of KINGSTONE was handling plaintiffs' file from the inception of the claim to the present. 92. Copies of all sample letters, forms and any written documents whether hard copy or computer generated, in existence from two years prior to the date of loss to the present, which provides language to claim represêñtatives to use in letters of denial to claimants. 93. Copies of all documentation, including but not limited to guides, training manuals, policies & procedures in effect on the date of loss of November 28, 2020 to the present, conce 14 of 20 FILED: SUFFOLK COUNTY CLERK 12/23/2021 10:47 AM INDEX NO. 608053/2021 iu- uucuonys i cuiveuupe ==Å“2220-mono-••ooo-ooo i moa co i ovoz, NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 12/23/2021 plaintiffs' 94. Copies of a log of all documents relating to claim which were destroyed by anyone craployed by KINGSTONE relative to this action. 95. Copies of all deposition transcripts for employees, agents, or servants, who have performed any work on defendant's behalf with respect to the instant policy, claims, verifications or denials which are the subject matter of this litigation. review" 96. Copies of all documents concerning defendant's conduct of a "roundtable of Plaintiffs claims at any time, including but not limited to documents completed by consultants monitoring the status of cases which had been roundtable which reflect that Plaintiffs claim had been roundtabled. 97. Copies of the entire contents of any investigation file or files and any other documentary material in your possession which support or which is in any way related to the allegations coñtained in the pleadings filed in this action. 98. Copies of the original or a legible copy of any and all statements, reports or memoranda setting forth the facts disclosed in any and all inspections, testing or investigation with reference to the above-captioned claim being in your põssession or under the control of you, your agents, servants, workmen and/or employees or counsel which formed the based of the denial of claims which was issued for claims #DFP00492NY. 99. Copies of and all documents notes, records, reports, computerized any including documents, statements, letters, memorandum and the like by and between defêñdsts and/or defendant's employees and company, and/or representatives, and/or plaintiffs and their counsel. As to any documents which are objected to or not produced on the basis of attorney client 15 of 20 FILED: SUFFOLK UtAIOlyl t CIIVUft/pts COUNTY IU. U5UO0000-U000-'t000-D0JCLERK 12/23/2021 1-MOJI CO IObOnI 10:47 AM INDEX NO. 608053/2021 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 12/23/2021 privilege, kindly provide the specific nature of said document(s) concerning the defan±=±s claim for privilege in compliance with the uniform rules regarding the same. 100. Copies of any and all documentation related to any and all letters of reservations of rights issued relative to the fire property damage claim herein. DEMAND FOR COPIES OF TAPE RECORDINGS The Plaintiffs hereby demand that Defendant produce at the office of the undersigned attorney, within twenty (20) days from your receipt of this ñotice. all tape or digital recordings, voice recordings or voice mail of the Defendants to allow the Plaintiffs to listen to and copy any such recording, relating to the instañt policy, claims, verifications, denials which are the subject of this litigation from date of loss, November 28, 2020, to present. The aforesaid production may be complied with by sending a true copy of each aforementioned recordings, voice recõrdings or voicemail to the undersigned within the time herein specified. DEMAND TO RETAIN, PRESERVE, PROTECT AND INSPECT PHYSICAI, EVIDENCE Each party is hereby required to retain, preserve, protect and allow the Plaintiff's to inspect up to and including the time of trial any and all physical evidence in connection with this claim. DEMAND FOR STATEMENTS A copy of any oral or written stateiñent now in defendant, KINGSTONE Insurance Company's, possession or which may come into defendant, KINGSTONE Insurance Company's possession, whether signed, unsigned or a transcript of an electronically recorded statement, regarding the claim which is the basis for this litigation allegedly made by or taken from any 16 of 20 FILED: SUFFOLK COUNTY CLERK 12/23/2021 10:47 AM INDEX NO. 608053/2021 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 12/23/2021 party, or from any agent, servant, or employee of said party. DEMAND FOR PHOTOGRAPHS Copies of all photographs, videotapes, films, audiovisuals and media recordings possessed or controlled Defenaant KINGSTONE Insurance Compâñy, relative to the claim by designated by claim number DFP00493NY and regarding KINGSTONE Insurance Corspãñy, Policy Number DF3014874-08. DEMAND FOR WITNESSES Names and addresses of individuals known the defendant KINGSTONE any by Insurance Company, to be a witñêss to matters concerning the claim designated by claim number DFP00493NY and regarding KINGSTONES Insurance Company, Policy Number DF3014874-08. a. Be a witness to contract drafting by either party. b. Be a witness to contract execution by either party. PLEASE TAKE FURTHER NOTICE, that the foregoing are continuing demands and that if any of the above items are obtained after date of this Demand, they are to be furnished to the undersigned pursuant to these demands. PLEASE TAKE FURTHER NOTICE that the statements, documents, reports, photographs, contracts, etc. are to be produced at the office of Thomas Tona, P.C., 152 Islip Avenue, Suite 18, Islip, New York 11751. PLEASE TAKE FURTHER NOTICE that upon failure to comply with this discovery notice, the undersigned will object at