Preview
Filing # 122689295 E-Filed 03/08/2021 03:10:06 PM
99508-8
IN THE CIRCUIT COURT OF THE
TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA,
DARREN & JENNIFER VOGT, CIRCUIT CIVIL DIVISION
Plaintiffs, CASE NO. 21-CA-000098
vs.
TOWER HILL SIGNATURE
INSURANCE COMPANY,
Defendant. /
DEFENDANT’S RESPONSES AND OBJECTIONS TO PLAINTIFF’S FIRST REQUEST
TO PRODUCE
Defendant, TOWER HILL SIGNATURE INSURANCE COMPANY, by and through the
undersigned attorneys, and pursuant to the applicable Fla. R. Civ. P., responds to Plaintiffs’,
DARREN AND JENNIFER VOGT, Request to Produce as follows:
GENERAL OBJECTIONS
1. Defendant objects to each Request to the extent the request requires production of
privileged documents including documents protected by the claims-file privilege, work-product
privilege, attorney-client privilege, information protected by the attorney work-product doctrine,
and/or other documents and information that is otherwise not subject to discovery under the
Florida Rules of Civil Procedure or the Florida Rules of Evidence. Defendant has produced all of
the discoverable documents for this claim; however, Defendant has also described the privileged
documents in its Privilege Logs.
2. Defendant objects to each Request to the extent the request requires production of
confidential and proprietary documents and information.
3. Further, Defendant objects to each Request/requesting production of personal
information, including information as to which disclosure is prohibited by law and information
as to which employees or other individuals have a reasonable expectation of privacy.
4. Defendant objects to each Request seeking production of documents and
information not in Defendant's possession, custody or control, or documents and information that
was previously requested to be produced.
FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, CLERK, 03/08/2021 03:10:06 PMCASE NO. 21-CA-000098
5. Defendant objects to those requests which seek information neither relevant to the
issues in this lawsuit nor reasonably calculated to lead to the discovery of admissible evidence.
6. Defendant has not completed discovery and has not completed preparation for
trial so that additional evidence may be discovered that could impact Defendant's responses.
Defendant has provided Plaintiff with documents exemplifying the best information available at
the time; however, Defendant does not intend for the initial discovery responses to be its final
production of documents and information.
7. Defendant expressly reserves its right to amend or supplement its responses to
these Requests as discovery progresses or further information and documents become known or
available to Defendant.
8. Defendant responds to each Request with the accompanying objections, without
waiving and expressly preserving any and all objections including, but not limited to: (a) the
right to object to the relevancy, competency, and admissibility in this action or any other related
action; (b) the right to object to the use of any information or documents produced in any
subsequent proceeding or trial of this or any other action on any grounds; (c) the right to object
on any ground at any time to a demand for further response to each Request; (d) the right to
further supplement and/or amend these responses based upon discovery of additional information
or documents; and (e) the attorney-client and work-product privileges. | Any inadvertent
production of any privileged information or documents is not a waiver of these privileges.
9. Defendant produced all discoverable documents in this Response to Plaintiff's
Request(s) to Produce. Defendant conducted a thorough investigation of the claim to the extent
Plaintiff cooperated; therefore, in its document production, Defendant produced all of the
discoverable, requested documents. Defendant objects to Plaintiff?s Request to Produce because
it is unduly burdensome to request Defendant to duplicate and re-organize the requested
documents.
SPECIFIC RESPONSES
DOCUMENTS TO PRODUCE
1. All reports, drafts, charts, drawings, diagrams, or memoranda showing or intending
to show the cause of damage to Plaintiffs' real property located at 9625 Six Street
North, Naples, FL 34108,, (hereinafter referred to as the "Property") or the
potential methods of repair in connection therewith.
RESPONSE: Objection. Information concerning the processing, acceptance, or denial
of any portion of Plaintiffs’ claim of coverage is premature, irrelevant, and otherwise
privileged. Discovery concerning the insurer’s claims handling process in a first-party
dispute such as this is privileged. Old Republic Nat. Title Ins. Co. v. HomeAmerican
Credit, Inc., 844 So. 2d 818 (Fla. Sth DCA 2003). Indeed, “claim files, investigative
reports, adjuster notes, underwriting files, company policies and manuals, trainingCASE NO. 21-CA-000098
materials, [and] certain personnel files . . .” are either irrelevant in first-party disputes
such as this or are privileged work product. State Farm Fla. Ins. Co. v. Gallmon, 835 So.
2d 389, 390 (Fla. 2d DCA 2003); see also State Farm Fire & Cas. Co. v. Valido, 662 So.
2d 1012, 1013 (Fla. 3d DCA 1995). Further, such claims-related discovery absent a
coverage determination is premature at this time. See Quadomain Condominium Ass’n,
Inc. v. QBE Ins. Corp., 2007 WL 1424596 (S.D. Fla. May 14, 2007); Portofini South
Condominium Ass’n of West Palm Beach, Inc. v. QBE Ins. Corp., 664 F. Supp. 2d 1265
(S.D. Fla. 2009); Nirvana Condo. Ass’n, Inc. v. QBE Ins. Corp., 589 F. Supp. 2d 1336
(S.D. Fla. 2008); Isola Condo. Ass’n, Inc. v. QBE Ins. Corp., 2008 WL 5169458 (S.D.
Fla. Dec. 8, 2008); Buckley Towers Condo., Inc. v. QBE Ins. Corp., 2008 WL 2490450
(S.D. Fla. June 18, 2008).
Subject to and not waiving the foregoing objections, see attached Claim
Acknowledgement/Notice of Mediation Letter from Tower Hill to Insured dated
10/14/2020, Reservation of Rights Letter from Tower Hill to Insured dated
10/14/2020, Denial Letter dated 11/12/2020, AirSpec report prepared for Tower Hill
dated 11/11/2020 and Allied Restoration & Construction estimate dated 10/12/2020.
Subject to and without waiving the foregoing objections, and in accordance with the
Florida Rules of Civil Procedures, Defendant provides the following privilege log.
Date Description Privilege
10/13/2020 First Notice of Loss Report | Work Product;
prepared by Tower Hill underwriting file materials.
10/21/2020 Full report prepared by | Work product;
Ladder Now Maestro for | underwriting file materials.
Tower Hill based on
10/21/2020 inspection,
including 66 color
photographs
10/13/2020 ISO ClaimSearch Report Work Product;
underwriting file materials.
02/20/2020- 06/16/2020 Tower Hill Claim Notes Work Product;
underwriting file materials.
2. A certified copy of the Plaintiffs' all-risk insurance policy that was in effect at the
time Plaintiffs' claims were made.
RESPONSE: See attached.CASE NO. 21-CA-000098
All applications for insurance or corresponding documents that relate to Plaintiffs'
procurement of the subject policy.
RESPONSE: Objection. Information concerning the processing, acceptance, or denial
of any portion of Plaintiffs’ claim of coverage is premature, irrelevant, and otherwise
privileged. Discovery concerning the insurer’s claims handling process in a first-party
dispute such as this is privileged. Old Republic Nat. Title Ins. Co. v. HomeAmerican
Credit, Inc., 844 So. 2d 818 (Fla. 5th DCA 2003). Indeed, “claim files, investigative
reports, adjuster notes, underwriting files, company policies and manuals, training
materials, [and] certain personnel files . . .” are either irrelevant in first-party disputes
such as this or are privileged work product. State Farm Fla. Ins. Co. v. Gallmon, 835 So.
2d 389, 390 (Fla. 2d DCA 2003); see also State Farm Fire & Cas. Co. v. Valido, 662 So.
2d 1012, 1013 (Fla. 3d DCA 1995). Further, such claims-related discovery absent a
coverage determination is premature at this time. See Quadomain Condominium Ass’n,
Inc. v. QBE Ins. Corp., 2007 WL 1424596 (S.D. Fla. May 14, 2007); Portofini South
Condominium Ass’n of West Palm Beach, Inc. v. QBE Ins. Corp., 664 F. Supp. 2d 1265
(S.D. Fla. 2009); Nirvana Condo. Ass’n, Inc. v. QBE Ins. Corp., 589 F. Supp. 2d 1336
(S.D. Fla. 2008); Isola Condo. Ass’n, Inc. v. QBE Ins. Corp., 2008 WL 5169458 (S.D.
Fla. Dec. 8, 2008); Buckley Towers Condo., Inc. v. QBE Ins. Corp., 2008 WL 2490450
(S.D. Fla. June 18, 2008).
Subject to and without waiving the foregoing objections, and in accordance with the
Florida Rules of Civil Procedures, Defendant provides the following privilege log:
Date Description Privilege
09/25/2014 | Insured’s Tower Hill Application Work Product; underwriting
file materials.
The entire underwriting file.
RESPONSE: Objection. Information concerning the processing, acceptance, or denial
of any portion of Plaintiffs’ claim of coverage is premature, irrelevant, and otherwise
privileged. Discovery concerning the insurer’s claims handling process in a first-party
dispute such as this is privileged. Old Republic Nat. Title Ins. Co. v. HomeAmerican
Credit, Inc., 844 So. 2d 818 (Fla. Sth DCA 2003). Indeed, “claim files, investigative
reports, adjuster notes, underwriting files, company policies and manuals, training
materials, [and] certain personnel files . . .” are either irrelevant in first-party disputes
such as this or are privileged work product. State Farm Fla. Ins. Co. v. Gallmon, 835 So.
2d 389, 390 (Fla. 2d DCA 2003); see also State Farm Fire & Cas. Co. v. Valido, 662 So.
2d 1012, 1013 (Fla. 3d DCA 1995). Further, such claims-related discovery absent a
coverage determination is premature at this time. See Quadomain Condominium Ass’n,
Inc. v. QBE Ins. Corp., 2007 WL 1424596 (S.D. Fla. May 14, 2007); Portofini South
Condominium Ass’n of West Palm Beach, Inc. v. QBE Ins. Corp., 664 F. Supp. 2d 1265
(S.D. Fla. 2009); Nirvana Condo. Ass’n, Inc. v. QBE Ins. Corp., 589 F. Supp. 2d 1336
(S.D. Fla. 2008); Isola Condo. Ass’n, Inc. v. QBE Ins. Corp., 2008 WL 5169458 (S.D.
-4-CASE NO. 21-CA-000098
Fla. Dec. 8, 2008); Buckley Towers Condo., Inc. v. QBE Ins. Corp., 2008 WL 2490450
(S.D. Fla. June 18, 2008).
Subject to and without waiving the foregoing objections, and in accordance with the
Florida Rules of Civil Procedures, Defendant provides the following privilege log:
Date Description Privilege
09/25/2014 | Insured’s Tower Hill Application Work Product; underwriting
file materials.
02/20/2020- | Tower Hill Claim Notes Work Product; underwriting file
06/16/2020 materials.
All notices of cancellation for any policy issued to Plaintiffs by Defendant.
RESPONSE: None.
All notices of non-renewal for any policy issued to Plaintiffs by Defendant.
RESPONSE: None.
All field logs, notes, or other memoranda relating to or referencing any engineering
or geological consultant's findings or recommendations in connection with the
Property.
RESPONSE: Objection. Information concerning the processing, acceptance, or denial
of any portion of Plaintiffs’ claim of coverage is premature, irrelevant, and otherwise
privileged. Discovery concerning the insurer’s claims handling process in a first-party
dispute such as this is privileged. Old Republic Nat. Title Ins. Co. v. HomeAmerican
Credit, Inc., 844 So. 2d 818 (Fla. Sth DCA 2003). Indeed, “claim files, investigative
reports, adjuster notes, underwriting files, company policies and manuals, training
materials, [and] certain personnel files . . .” are either irrelevant in first-party disputes
such as this or are privileged work product. State Farm Fla. Ins. Co. v. Gallmon, 835 So.
2d 389, 390 (Fla. 2d DCA 2003); see also State Farm Fire & Cas. Co. v. Valido, 662 So.
2d 1012, 1013 (Fla. 3d DCA 1995). Further, such claims-related discovery absent a
coverage determination is premature at this time. See Quadomain Condominium Ass’n,
Inc. v. QBE Ins. Corp., 2007 WL 1424596 (S.D. Fla. May 14, 2007); Portofini South
Condominium Ass’n of West Palm Beach, Inc. v. QBE Ins. Corp., 664 F. Supp. 2d 1265
(S.D. Fla. 2009); Nirvana Condo. Ass’n, Inc. v. QBE Ins. Corp., 589 F. Supp. 2d 1336
(S.D. Fla. 2008); Isola Condo. Ass’n, Inc. v. QBE Ins. Corp., 2008 WL 5169458 (S.D.
Fla. Dec. 8, 2008); Buckley Towers Condo., Inc. v. QBE Ins. Corp., 2008 WL 2490450
(S.D. Fla. June 18, 2008).CASE NO. 21-CA-000098
Subject to and without waiving the foregoing objections, and in accordance with the
Florida Rules of Civil Procedures, Defendant provides the following privilege log.
Furthermore, please see the report generated by AirSpec.
Date Description Privilege
10/13/2020 First Notice of Loss Report | Work Product;
prepared by Tower Hill underwriting file materials.
10/21/2020 Full report prepared by | Work product;
Ladder Now Maestro for | underwriting file materials.
Tower Hill based on
10/21/2020 inspection,
including 66 color
photographs
10/13/2020 ISO ClaimSearch Report Work Product;
underwriting file materials.
02/20/2020- 06/16/2020 Tower Hill Claim Notes Work Product;
underwriting file materials.
8. All documents relating to or referencing the damage to the Property, which were
considered by any individual or entity, and any related cost estimates in connection
therewith.
RESPONSE: Objection. Information concerning the processing, acceptance, or denial
of any portion of Plaintiffs’ claim of coverage is premature, irrelevant, and otherwise
privileged. Discovery concerning the insurer’s claims handling process in a first-party
dispute such as this is privileged. Old Republic Nat. Title Ins. Co. v. HomeAmerican
Credit, Inc., 844 So. 2d 818 (Fla. Sth DCA 2003). Indeed, “claim files, investigative
reports, adjuster notes, underwriting files, company policies and manuals, training
materials, [and] certain personnel files . . .” are either irrelevant in first-party disputes
such as this or are privileged work product. State Farm Fla. Ins. Co. v. Gallmon, 835 So.
2d 389, 390 (Fla. 2d DCA 2003); see also State Farm Fire & Cas. Co. v. Valido, 662 So.
2d 1012, 1013 (Fla. 3d DCA 1995). Further, such claims-related discovery absent a
coverage determination is premature at this time. See Quadomain Condominium Ass’n,
Inc. v. QBE Ins. Corp., 2007 WL 1424596 (S.D. Fla. May 14, 2007); Portofini South
Condominium Ass’n of West Palm Beach, Inc. v. QBE Ins. Corp., 664 F. Supp. 2d 1265
(S.D. Fla. 2009); Nirvana Condo. Ass’n, Inc. v. QBE Ins. Corp., 589 F. Supp. 2d 1336
(S.D. Fla. 2008); Isola Condo. Ass’n, Inc. v. QBE Ins. Corp., 2008 WL 5169458 (S.D.
Fla. Dec. 8, 2008); Buckley Towers Condo., Inc. v. QBE Ins. Corp., 2008 WL 2490450
(S.D. Fla. June 18, 2008).CASE NO. 21-CA-000098
Subject to and without waiving the foregoing objections, and in accordance with the
Florida Rules of Civil Procedures, Defendant provides the following privilege log.
Furthermore, please see the report generated by AirSpec.
Date Description Privilege
10/13/2020 First Notice of Loss Report | Work Product;
prepared by Tower Hill underwriting file materials.
10/21/2020 Full report prepared by | Work product;
Ladder Now Maestro for | underwriting file materials.
Tower Hill based on
10/21/2020 inspection,
including 66 color
photographs
10/13/2020 ISO ClaimSearch Report Work Product;
underwriting file materials.
02/20/2020- 06/16/2020 Tower Hill Claim Notes Work Product;
underwriting file materials.
9. All photographs, logs, and/or videos taken of the Property with regard to any
inspection or testing performed at the request of Defendant or at the request of any
of Defendant's representatives.
RESPONSE: Objection. Information concerning the processing, acceptance, or denial
of any portion of Plaintiffs’ claim of coverage is premature, irrelevant, and otherwise
privileged. Discovery concerning the insurer’s claims handling process in a first-party
dispute such as this is privileged. Old Republic Nat. Title Ins. Co. v. HomeAmerican
Credit, Inc., 844 So. 2d 818 (Fla. Sth DCA 2003). Indeed, “claim files, investigative
reports, adjuster notes, underwriting files, company policies and manuals, training
materials, [and] certain personnel files . . .” are either irrelevant in first-party disputes
such as this or are privileged work product. State Farm Fla. Ins. Co. v. Gallmon, 835 So.
2d 389, 390 (Fla. 2d DCA 2003); see also State Farm Fire & Cas. Co. v. Valido, 662 So.
2d 1012, 1013 (Fla. 3d DCA 1995). Further, such claims-related discovery absent a
coverage determination is premature at this time. See Quadomain Condominium Ass’n,
Inc. v. QBE Ins. Corp., 2007 WL 1424596 (S.D. Fla. May 14, 2007); Portofini South
Condominium Ass’n of West Palm Beach, Inc. v. QBE Ins. Corp., 664 F. Supp. 2d 1265
(S.D. Fla. 2009); Nirvana Condo. Ass’n, Inc. v. QBE Ins. Corp., 589 F. Supp. 2d 1336
(S.D. Fla. 2008); Isola Condo. Ass’n, Inc. v. QBE Ins. Corp., 2008 WL 5169458 (S.D.
Fla. Dec. 8, 2008); Buckley Towers Condo., Inc. v. QBE Ins. Corp., 2008 WL 2490450
(S.D. Fla. June 18, 2008).CASE NO. 21-CA-000098
Subject to and without waiving the foregoing objections, and in accordance with the
Florida Rules of Civil Procedures, Defendant provides the following privilege log.
Furthermore, please see the report generated by AirSpec.
Date Description Privilege
10/21/2020 Full report prepared by | Work product; underwriting
Ladder Now Maestro for | file materials.
Tower Hill based on
10/21/2020 inspection,
including 66 color
photographs
10. All documents relating to or referencing any communication between Plaintiffs and
ll.
Defendant, including, but not limited to, correspondence or notices in connection
with Plaintiffs' claims.
RESPONSE: Objection. This Request is overly broad, unduly burdensome and vague
with respect to the term “referencing.” Furthermore, because the aforementioned term is
vague Defendant must object to the extent that this request seeks documents which are
protected work-product.
Subject to and without waving the aforementioned objection, Defendant will provide all
written communications sent to Defendant from Plaintiff and/or their Public Adjuster.
Further, see attached Claim Acknowledgement/Notice of Mediation Letter from Tower
Hill to Insured dated 10/14/2020, Reservation of Rights Letter from Tower Hill to
Insured dated 10/14/2020, Denial Letter dated 11/12/2020, AirSpec report prepared for
Tower Hill dated 11/11/2020 and Allied Restoration & Construction estimate dated
10/12/2020.
All documents signed by Plaintiffs and relating to this action.
RESPONSE: Objection. Information concerning the processing, acceptance, or denial of
any portion of Plaintiffs’ claim of coverage is premature, irrelevant, and otherwise
privileged. Discovery concerning the insurer’s claims handling process in a first-party
dispute such as this is privileged. Old Republic Nat. Title Ins. Co. v. HomeAmerican
Credit, Inc., 844 So. 2d 818 (Fla. 5th DCA 2003). Indeed, “claim files, investigative
reports, adjuster notes, underwriting files, company policies and manuals, training
materials, [and] certain personnel files . . .” are either irrelevant in first-party disputes
such as this or are privileged work product. State Farm Fla. Ins. Co. v. Gallmon, 835 So.
2d 389, 390 (Fla. 2d DCA 2003); see also State Farm Fire & Cas. Co. v. Valido, 662 So.
2d 1012, 1013 (Fla. 3d DCA 1995). Further, such claims-related discovery absent a
coverage determination is premature at this time. See Quadomain Condominium Ass’n,
Inc. v. QBE Ins. Corp., 2007 WL 1424596 (S.D. Fla. May 14, 2007); Portofini South
-8-12.
CASE NO. 21-CA-000098
Condominium Ass’n of West Palm Beach, Inc. v. QBE Ins. Corp., 664 F. Supp. 2d 1265
(S.D. Fla. 2009); Nirvana Condo. Ass’n, Inc. v. QBE Ins. Corp., 589 F. Supp. 2d 1336
(S.D. Fla. 2008); Isola Condo. Ass’n, Inc. v. QBE Ins. Corp., 2008 WL 5169458 (S.D.
Fla. Dec. 8, 2008); Buckley Towers Condo., Inc. v. QBE Ins. Corp., 2008 WL 2490450
(S.D. Fla. June 18, 2008).
Subject to and without waiving the aforementioned objections, none.
Any documents, notes, memoranda, diaries, reports, photographs, and/or videos of
any person who visited the Property and/or spoke with Plaintiff on behalf of
Defendant, at the request of Defendant, or at the request of any Defendant's
representatives.
RESPONSE: Objection. Information concerning the processing, acceptance, or denial
of any portion of Plaintiffs’ claim of coverage is premature, irrelevant, and otherwise
privileged. Discovery concerning the insurer’s claims handling process in a first-party
dispute such as this is privileged. Old Republic Nat. Title Ins. Co. v. HomeAmerican
Credit, Inc., 844 So. 2d 818 (Fla. 5th DCA 2003). Indeed, “claim files, investigative
reports, adjuster notes, underwriting files, company policies and manuals, training
materials, [and] certain personnel files . . .” are either irrelevant in first-party disputes
such as this or are privileged work product. State Farm Fla. Ins. Co. v. Gallmon, 835 So.
2d 389, 390 (Fla. 2d DCA 2003); see also State Farm Fire & Cas. Co. v. Valido, 662 So.
2d 1012, 1013 (Fla. 3d DCA 1995). Further, such claims-related discovery absent a
coverage determination is premature at this time. See Quadomain Condominium Ass’n,
Inc. v. QBE Ins. Corp., 2007 WL 1424596 (S.D. Fla. May 14, 2007); Portofini South
Condominium Ass’n of West Palm Beach, Inc. v. QBE Ins. Corp., 664 F. Supp. 2d 1265
(S.D. Fla. 2009); Nirvana Condo. Ass’n, Inc. v. QBE Ins. Corp., 589 F. Supp. 2d 1336
(S.D. Fla. 2008); Isola Condo. Ass’n, Inc. v. QBE Ins. Corp., 2008 WL 5169458 (S.D.
Fla. Dec. 8, 2008); Buckley Towers Condo., Inc. v. QBE Ins. Corp., 2008 WL 2490450
(S.D. Fla. June 18, 2008).
Subject to and without waiving the foregoing objections, and in accordance with the
Florida Rules of Civil Procedures, Defendant provides the following privilege log.
Furthermore, please see the report generated by AirSpec
Date
Description Privilege
10/13/2020 First Notice of Loss Report Work Product; underwriting
prepared by Tower Hill file materials.
10/21/2020 Full report prepared by | Work product; underwriting
Ladder Now Maestro for | file materials.
Tower Hill based on
10/21/2020 inspection,
including 66 color
photographsCASE NO. 21-CA-000098
10/13/2020 ISO ClaimSearch Report Work Product; underwriting
file materials.
02/20/2020- 06/16/2020 Tower Hill Claim Notes Work Product; underwriting
file materials.
13.
All documents used by you in making the decision to tender or to offer to tender any
amount to Plaintiff in connection with Plaintiffs’ claims.
RESPONSE: Objection. Information concerning the processing, acceptance, or denial
of any portion of Plaintiffs’ claim of coverage is premature, irrelevant, and otherwise
privileged. Discovery concerning the insurer’s claims handling process in a first-party
dispute such as this is privileged. Old Republic Nat. Title Ins. Co. v. HomeAmerican
Credit, Inc., 844 So. 2d 818 (Fla. 5th DCA 2003). Indeed, “claim files, investigative
reports, adjuster notes, underwriting files, company policies and manuals, training
materials, [and] certain personnel files . . .” are either irrelevant in first-party disputes
such as this or are privileged work product. State Farm Fla. Ins. Co. v. Gallmon, 835 So.
2d 389, 390 (Fla. 2d DCA 2003); see also State Farm Fire & Cas. Co. v. Valido, 662 So.
2d 1012, 1013 (Fla. 3d DCA 1995). Further, such claims-related discovery absent a
coverage determination is premature at this time. See Quadomain Condominium Ass’n,
Inc. v. QBE Ins. Corp., 2007 WL 1424596 (S.D. Fla. May 14, 2007); Portofini South
Condominium Ass’n of West Palm Beach, Inc. v. QBE Ins. Corp., 664 F. Supp. 2d 1265
(S.D. Fla. 2009); Nirvana Condo. Ass’n, Inc. v. QBE Ins. Corp., 589 F. Supp. 2d 1336
(S.D. Fla. 2008); Isola Condo. Ass’n, Inc. v. QBE Ins. Corp., 2008 WL 5169458 (S.D.
Fla. Dec. 8, 2008); Buckley Towers Condo., Inc. v. QBE Ins. Corp., 2008 WL 2490450
(S.D. Fla. June 18, 2008).
Subject to and without waiving the foregoing objections, and in accordance with the
Florida Rules of Civil Procedures, Defendant provides the following privilege log.
Furthermore, please see the report generated by AirSpec.
Date
Description Privilege
10/13/2020 First Notice of Loss Report Work Product; underwriting
prepared by Tower Hill file materials.
10/21/2020 Full report prepared by | Work product; underwriting
Ladder Now Maestro for | file materials.
Tower Hill based on
10/21/2020 inspection,
including 66 color
photographs
10/13/2020 ISO ClaimSearch Report Work Product; underwriting
-10-CASE NO. 21-CA-000098
file materials.
02/20/2020- 06/16/2020 Tower Hill Claim Notes Work Product; underwriting
file materials.
14.
All documents used by you in making the decision whether coverage would be
provided with respect to Plaintiffs’ claims.
RESPONSE: Objection. Information concerning the processing, acceptance, or denial
of any portion of Plaintiffs’ claim of coverage is premature, irrelevant, and otherwise
privileged. Discovery concerning the insurer’s claims handling process in a first-party
dispute such as this is privileged. Old Republic Nat. Title Ins. Co. v. HomeAmerican
Credit, Inc., 844 So. 2d 818 (Fla. Sth DCA 2003). Indeed, “claim files, investigative
reports, adjuster notes, underwriting files, company policies and manuals, training
materials, [and] certain personnel files . . .” are either irrelevant in first-party disputes
such as this or are privileged work product. State Farm Fla. Ins. Co. v. Gallmon, 835 So.
2d 389, 390 (Fla. 2d DCA 2003); see also State Farm Fire & Cas. Co. v. Valido, 662 So.
2d 1012, 1013 (Fla. 3d DCA 1995). Further, such claims-related discovery absent a
coverage determination is premature at this time. See Quadomain Condominium Ass’n,
Inc. v. QBE Ins. Corp., 2007 WL 1424596 (S.D. Fla. May 14, 2007); Portofini South
Condominium Ass’n of West Palm Beach, Inc. v. QBE Ins. Corp., 664 F. Supp. 2d 1265
(S.D. Fla. 2009); Nirvana Condo. Ass’n, Inc. v. QBE Ins. Corp., 589 F. Supp. 2d 1336
(S.D. Fla. 2008); Isola Condo. Ass’n, Inc. v. QBE Ins. Corp., 2008 WL 5169458 (S.D.
Fla. Dec. 8, 2008); Buckley Towers Condo., Inc. v. QBE Ins. Corp., 2008 WL 2490450
(S.D. Fla. June 18, 2008).
Subject to and without waiving the foregoing objections, and in accordance with the
Florida Rules of Civil Procedures, Defendant provides the following privilege log.
Furthermore, please see the report generated by AirSpec.
Date
Description Privilege
10/13/2020 First Notice of Loss Report Work Product; underwriting
prepared by Tower Hill file materials.
10/21/2020 Full report prepared by | Work product; underwriting
Ladder Now Maestro for | file materials.
Tower Hill based on
10/21/2020 inspection,
including 66 color
photographs
10/13/2020 ISO ClaimSearch Report Work Product; underwriting
file materials.
-li-CASE NO. 21-CA-000098
02/20/2020- 06/16/2020 Tower Hill Claim Notes Work Product; underwriting
file materials.
15.
All documents used by you unmaking the decision whether coverage would be
provided with respect to Plaintiffs' claims.
RESPONSE: Objection. Information concerning the processing, acceptance, or denial
of any portion of Plaintiffs’ claim of coverage is premature, irrelevant, and otherwise
privileged. Discovery concerning the insurer’s claims handling process in a first-party
dispute such as this is privileged. Old Republic Nat. Title Ins. Co. v. HomeAmerican
Credit, Inc., 844 So. 2d 818 (Fla. Sth DCA 2003). Indeed, “claim files, investigative
reports, adjuster notes, underwriting files, company policies and manuals, training
materials, [and] certain personnel files . . .” are either irrelevant in first-party disputes
such as this or are privileged work product. State Farm Fla. Ins. Co. v. Gallmon, 835 So.
2d 389, 390 (Fla. 2d DCA 2003); see also State Farm Fire & Cas. Co. v. Valido, 662 So.
2d 1012, 1013 (Fla. 3d DCA 1995). Further, such claims-related discovery absent a
coverage determination is premature at this time. See Quadomain Condominium Ass’n,
Inc. v. QBE Ins. Corp., 2007 WL 1424596 (S.D. Fla. May 14, 2007); Portofini South
Condominium Ass’n of West Palm Beach, Inc. v. QBE Ins. Corp., 664 F. Supp. 2d 1265
(S.D. Fla. 2009); Nirvana Condo. Ass’n, Inc. v. QBE Ins. Corp., 589 F. Supp. 2d 1336
(S.D. Fla. 2008); Isola Condo. Ass’n, Inc. v. QBE Ins. Corp., 2008 WL 5169458 (S.D.
Fla. Dec. 8, 2008); Buckley Towers Condo., Inc. v. QBE Ins. Corp., 2008 WL 2490450
(S.D. Fla. June 18, 2008).
Subject to and without waiving the foregoing objections, and in accordance with the
Florida Rules of Civil Procedures, Defendant provides the following privilege log.
Furthermore, please see the report generated by AirSpec.
Date
Description Privilege
10/13/2020 First Notice of Loss Report Work Product; underwriting
prepared by Tower Hill file materials.
10/21/2020 Full report prepared by | Work product; underwriting
Ladder Now Maestro for | file materials.
Tower Hill based on
10/21/2020 inspection,
including 66 color
photographs
10/13/2020 ISO ClaimSearch Report Work Product; underwriting
file materials.
02/20/2020- 06/16/2020 Tower Hill Claim Notes Work Product; underwriting
file materials.
-12-16.
CASE NO. 21-CA-000098
All documents, including, but not limited to, prior claims documentation submitted
to you by other insureds, which were consulted to assist you in determining whether
there have been any other investigations for wind/rain/hail and/or hurricane
damages to the Property.
RESPONSE: Objection. Information concerning the processing, acceptance, or denial
of any portion of Plaintiffs’ claim of coverage is premature, irrelevant, and otherwise
privileged. Discovery concerning the insurer’s claims handling process in a first-party
dispute such as this is privileged. Old Republic Nat. Title Ins. Co. v. HomeAmerican
Credit, Inc., 844 So. 2d 818 (Fla. Sth DCA 2003). Indeed, “claim files, investigative
reports, adjuster notes, underwriting files, company policies and manuals, training
materials, [and] certain personnel files . . .” are either irrelevant in first-party disputes
such as this or are privileged work product. State Farm Fla. Ins. Co. v. Gallmon, 835 So.
2d 389, 390 (Fla. 2d DCA 2003); see also State Farm Fire & Cas. Co. v. Valido, 662 So.
2d 1012, 1013 (Fla. 3d DCA 1995). Further, such claims-related discovery absent a
coverage determination is premature at this time. See Quadomain Condominium Ass’n,
Inc. v. QBE Ins. Corp., 2007 WL 1424596 (S.D. Fla. May 14, 2007); Portofini South
Condominium Ass’n of West Palm Beach, Inc. v. QBE Ins. Corp., 664 F. Supp. 2d 1265
(S.D. Fla. 2009); Nirvana Condo. Ass’n, Inc. v. QBE Ins. Corp., 589 F. Supp. 2d 1336
(S.D. Fla. 2008); Isola Condo. Ass’n, Inc. v. QBE Ins. Corp., 2008 WL 5169458 (S.D.
Fla. Dec. 8, 2008); Buckley Towers Condo., Inc. v. QBE Ins. Corp., 2008 WL 2490450
(S.D. Fla. June 18, 2008).
Subject to and without waiving the foregoing objections, and in accordance with the
Florida Rules of Civil Procedures, Defendant provides the following privilege log.
Furthermore, please see the report generated by AirSpec. With respect to the request for
documents related to prior claims submitted to Defendant by other insureds, None.
Date
Description Privilege
10/13/2020 First Notice of Loss Report Work Product; underwriting
prepared by Tower Hill file materials.
10/21/2020 Full report prepared by | Work product; underwriting
Ladder Now Maestro for | file materials.
Tower Hill based on
10/21/2020 inspection,
including 66 color
photographs
10/13/2020 ISO ClaimSearch Report Work Product; underwriting
file materials.
02/20/2020- 06/16/2020 Tower Hill Claim Notes Work Product; underwriting
file materials.
-13-17.
CASE NO. 21-CA-000098
All documents which support, refute, or otherwise relate to Defendant's claims or
defenses in this action.
RESPONSE: Objection. Information concerning the processing, acceptance, or denial
of any portion of Plaintiffs’ claim of coverage is premature, irrelevant, and otherwise
privileged. Discovery concerning the insurer’s claims handling process in a first-party
dispute such as this is privileged. Old Republic Nat. Title Ins. Co. v. HomeAmerican
Credit, Inc., 844 So. 2d 818 (Fla. 5th DCA 2003). Indeed, “claim files, investigative
reports, adjuster notes, underwriting files, company policies and manuals, training
materials, [and] certain personnel files . . .” are either irrelevant in first-party disputes
such as this or are privileged work product. State Farm Fla. Ins. Co. v. Gallmon, 835 So.
2d 389, 390 (Fla. 2d DCA 2003); see also State Farm Fire & Cas. Co. v. Valido, 662 So.
2d 1012, 1013 (Fla. 3d DCA 1995). Further, such claims-related discovery absent a
coverage determination is premature at this time. See Quadomain Condominium Ass’n,
Inc. v. QBE Ins. Corp., 2007 WL 1424596 (S.D. Fla. May 14, 2007); Portofini South
Condominium Ass’n of West Palm Beach, Inc. v. QBE Ins. Corp., 664 F. Supp. 2d 1265
(S.D. Fla. 2009); Nirvana Condo. Ass’n, Inc. v. QBE Ins. Corp., 589 F. Supp. 2d 1336
(S.D. Fla. 2008); Isola Condo. Ass’n, Inc. v. QBE Ins. Corp., 2008 WL 5169458 (S.D.
Fla. Dec. 8, 2008); Buckley Towers Condo., Inc. v. QBE Ins. Corp., 2008 WL 2490450
(S.D. Fla. June 18, 2008).
Subject to and without waiving the foregoing objections, and in accordance with the
Florida Rules of Civil Procedures, Defendant provides the following privilege log.
Furthermore, please see the report generated by AirSpec. With respect to the request for
documents related to prior claims submitted to Defendant by other insureds, None.
Date
Description Privilege
10/13/2020 First Notice of Loss Report Work Product; underwriting
prepared by Tower Hill file materials.
10/21/2020 Full report prepared by | Work product; underwriting
Ladder Now Maestro for | file materials.
Tower Hill based on
10/21/2020 inspection,
including 66 color
photographs
10/13/2020 ISO ClaimSearch Report Work Product; underwriting
file materials.
02/20/2020- 06/16/2020 Tower Hill Claim Notes Work Product; underwriting
file materials.
-14-18.
CASE NO. 21-CA-000098
All documents relating to or referencing any communication by Defendant, to any
testing laboratory, consultant, engineer or engineering firm, building contractor, or
any expert, including but not limited to, correspondence, memoranda and notes
prepared in connection with these claims.
RESPONSE: Objection. Information concerning the processing, acceptance, or denial
of any portion of Plaintiffs’ claim of coverage is premature, irrelevant, and otherwise
privileged. Discovery concerning the insurer’s claims handling process in a first-party
dispute such as this is privileged. Old Republic Nat. Title Ins. Co. v. HomeAmerican
Credit, Inc., 844 So. 2d 818 (Fla. Sth DCA 2003). Indeed, “claim files, investigative
reports, adjuster notes, underwriting files, company policies and manuals, training
materials, [and] certain personnel files . . .” are either irrelevant in first-party disputes
such as this or are privileged work product. State Farm Fla. Ins. Co. v. Gallmon, 835 So.
2d 389, 390 (Fla. 2d DCA 2003); see also State Farm Fire & Cas. Co. v. Valido, 662 So.
2d 1012, 1013 (Fla. 3d DCA 1995). Further, such claims-related discovery absent a
coverage determination is premature at this time. See Quadomain Condominium Ass’n,
Inc. v. QBE Ins. Corp., 2007 WL 1424596 (S.D. Fla. May 14, 2007); Portofini South
Condominium Ass’n of West Palm Beach, Inc. v. QBE Ins. Corp., 664 F. Supp. 2d 1265
(S.D. Fla. 2009); Nirvana Condo. Ass’n, Inc. v. QBE Ins. Corp., 589 F. Supp. 2d 1336
(S.D. Fla. 2008); Isola Condo. Ass’n, Inc. v. QBE Ins. Corp., 2008 WL 5169458 (S.D.
Fla. Dec. 8, 2008); Buckley Towers Condo., Inc. v. QBE Ins. Corp., 2008 WL 2490450
(S.D. Fla. June 18, 2008).
Subject to and without waiving the foregoing objections, and in accordance with the
Florida Rules of Civil Procedures, Defendant provides the following privilege log.
Furthermore, please see the report generated by AirSpec. With respect to the request for
documents related to prior claims submitted to Defendant by other insureds, None.
Date
Description Privilege
10/13/2020 First Notice of Loss Report Work Product; underwriting
prepared by Tower Hill file materials.
10/21/2020 Full report prepared by | Work product; underwriting
Ladder Now Maestro for | file materials.
Tower Hill based on
10/21/2020 inspection,
including 66 color
photographs
10/13/2020 ISO ClaimSearch Report Work Product; underwriting
file materials.
02/20/2020- 06/16/2020 Tower Hill Claim Notes Work Product; underwriting
file materials.
-15-19.
CASE NO. 21-CA-000098
All documents for any construction/repair estimates or construction/repair
proposals regarding the Property.
RESPONSE: Objection. Information concerning the processing, acceptance, or denial
of any portion of Plaintiffs’ claim of coverage is premature, irrelevant, and otherwise
privileged. Discovery concerning the insurer’s claims handling process in a first-party
dispute such as this is privileged. Old Republic Nat. Title Ins. Co. v. HomeAmerican
Credit, Inc., 844 So. 2d 818 (Fla. 5th DCA 2003). Indeed, “claim files, investigative
reports, adjuster notes, underwriting files, company policies and manuals, training
materials, [and] certain personnel files . . .” are either irrelevant in first-party disputes
such as this or are privileged work product. State Farm Fla. Ins. Co. v. Gallmon, 835 So.
2d 389, 390 (Fla. 2d DCA 2003); see also State Farm Fire & Cas. Co. v. Valido, 662 So.
2d 1012, 1013 (Fla. 3d DCA 1995). Further, such claims-related discovery absent a
coverage determination is premature at this time. See Quadomain Condominium Ass’n,
Inc. v. QBE Ins. Corp., 2007 WL 1424596 (S.D. Fla. May 14, 2007); Portofini South
Condominium Ass’n of West Palm Beach, Inc. v. QBE Ins. Corp., 664 F. Supp. 2d 1265
(S.D. Fla. 2009); Nirvana Condo. Ass’n, Inc. v. QBE Ins. Corp., 589 F. Supp. 2d 1336
(S.D. Fla. 2008); Isola Condo. Ass’n, Inc. v. QBE Ins. Corp., 2008 WL 5169458 (S.D.
Fla. Dec. 8, 2008); Buckley Towers Condo., Inc. v. QBE Ins. Corp., 2008 WL 2490450
(S.D. Fla. June 18, 2008).
Subject to and not waiving the foregoing objections, see attached Allied Restoration &
Construction estimate dated 10/12/2020.
Subject to and without waiving the foregoing objections, and in accordance with the
Florida Rules of Civil Procedures, Defendant provides the following privilege log.
Furthermore, please see the report generated by AirSpec. With respect to the request for
documents related to prior claims submitted to Defendant by other insureds, None.
Date
Description Privilege
10/13/2020 First Notice of Loss Report Work Product; underwriting
prepared by Tower Hill file materials.
10/21/2020 Full report prepared by | Work product; underwriting
Ladder Now Maestro for | file materials.
Tower Hill based on
10/21/2020 inspection,
including 66 color
photographs
10/13/2020 ISO ClaimSearch Report Work Product; underwriting
file materials.
02/20/2020- 06/16/2020 Tower Hill Claim Notes Work Product; underwriting
file materials.
-16-20.
CASE NO. 21-CA-000098
All claims file documents regarding Plaintiffs' claims generated prior to your denial
of Plaintiffs' claims.
RESPONSE: Objection. Information concerning the processing, acceptance, or denial
of any portion of Plaintiffs’ claim of coverage is premature, irrelevant, and otherwise
privileged. Discovery concerning the insurer’s claims handling process in a first-party
dispute such as this is privileged. Old Republic Nat. Title Ins. Co. v. HomeAmerican
Credit, Inc., 844 So. 2d 818 (Fla. 5th DCA 2003). Indeed, “claim files, investigative
reports, adjuster notes, underwriting files, company policies and manuals, training
materials, [and] certain personnel files . . .” are either irrelevant in first-party disputes
such as this or are privileged work product. State Farm Fla. Ins. Co. v. Gallmon, 835 So.
2d 389, 390 (Fla. 2d DCA 2003); see also State Farm Fire & Cas. Co. v. Valido, 662 So.
2d 1012, 1013 (Fla. 3d DCA 1995). Further, such claims-related discovery absent a
coverage determination is premature at this time. See Quadomain Condominium Ass’n,
Inc. v. QBE Ins. Corp., 2007 WL 1424596 (S.D. Fla. May 14, 2007); Portofini South
Condominium Ass’n of West Palm Beach, Inc. v. QBE Ins. Corp., 664 F. Supp. 2d 1265
(S.D. Fla. 2009); Nirvana Condo. Ass’n, Inc. v. QBE Ins. Corp., 589 F. Supp. 2d 1336
(S.D. Fla. 2008); Isola Condo. Ass’n, Inc. v. QBE Ins. Corp., 2008 WL 5169458 (S.D.
Fla. Dec. 8, 2008); Buckley Towers Condo., Inc. v. QBE Ins. Corp., 2008 WL 2490450
(S.D. Fla. June 18, 2008).
Subject to and not waiving the foregoing objections, see attached Claim
Acknowledgement/Notice of Mediation Letter from Tower Hill to Insured dated
10/14/2020, Reservation of Rights Letter from Tower Hill to Insured dated 10/14/2020,
Denial Letter dated 11/12/2020, AirSpec report prepared for Tower Hill dated 11/11/2020
and Allied Restoration & Construction estimate dated 10/12/2020.
Subject to and without waiving the foregoing objections, and in accordance with the
Florida Rules of Civil Procedures, Defendant provides the following privilege log.
Furthermore, please see the report generated by AirSpec. With respect to the request for
documents related to prior claims submitted to Defendant by other insureds, None.
Date
Description Privilege
10/13/2020 First Notice of Loss Report Work Product; underwriting
prepared by Tower Hill file materials.
10/21/2020 Full report prepared by | Work product; underwriting
Ladder Now Maestro for | file materials.
Tower Hill based on
10/21/2020 inspection,
including 66 color
photographs
10/13/2020 ISO ClaimSearch Report Work Product; underwriting
-17-CASE NO. 21-CA-000098
file materials.
02/20/2020- 06/16/2020 Tower Hill Claim Notes Work Product; underwriting
file materials.
21.
22.
23.
24.
All documents evidencing the reserve amount set aside for Plaintiffs’ claims.
RESPONSE: Objection. Information concerning the processing, acceptance, or denial
of any portion of Plaintiffs’ claim of coverage is premature, irrelevant, and otherwise
privileged. Discovery concerning the insurer’s claims handling process in a first-party
dispute such as this is privileged. Old Republic Nat. Title Ins. Co. v. HomeAmerican
Credit, Inc., 844 So. 2d 818 (Fla. 5th DCA 2003). Indeed, “claim files, investigative
reports, adjuster notes, underwriting files, company policies and manuals, training
materials, [and] certain personnel files . . .” are either irrelevant in first-party disputes
such as this or are privileged work product. State Farm Fla. Ins. Co. v. Gallmon, 835 So.
2d 389, 390 (Fla. 2d DCA 2003); see also State Farm Fire & Cas. Co. v. Valido, 662 So.
2d 1012, 1013 (Fla. 3d DCA 1995). Further, such claims-related discovery absent a
coverage determination is premature at this time. See Quadomain Condominium Ass’n,
Inc. v. QBE Ins. Corp., 2007 WL 1424596 (S.D. Fla. May 14, 2007); Portofini South
Condominium Ass’n of West Palm Beach, Inc. v. QBE Ins. Corp., 664 F. Supp. 2d 1265
(S.D. Fla. 2009); Nirvana Condo. Ass’n, Inc. v. QBE Ins. Corp., 589 F. Supp. 2d 1336
(S.D. Fla. 2008); Isola Condo. Ass’n, Inc. v. QBE Ins. Corp., 2008 WL 5169458 (S.D.
Fla. Dec. 8, 2008); Buckley Towers Condo., Inc. v. QBE Ins. Corp., 2008 WL 2490450
(S.D. Fla. June 18, 2008).
All documents identified or referred to in Plaintiffs' First Set of Interrogatories.
RESPONSE: Objection. This request is vague and ambiguous as it is unclear if Plaintiff
is seeking documents they referred to in their own Interrogatories or those documents
referenced in Defendant’s Responses. Subject to the prior objection, Defendant is unable
to answer this Request to Produce and reserves the right to object based on additional
grounds once this ambiguity is clarified.
All documents that relate to the interpretation or application of the subject language
at issue in Plaintiffs' claims.
RESPONSE: Objection. This request is vague and ambiguous with respect to “subject
language.” Defendant is unaware of what subject language Plaintiff is referring to and is
therefore unable to respond to this Request to Produce. Defendant reserves the right to
object based on additional grounds once this ambiguity is clarified.
All documents relating to your past and present document destruction policies.
RESPONSE: Objection. This Request is overly broad, unduly burdensome, irrelevant,
immaterial and unlikely to lead to admissible evidence.
-18-25.
26.
CASE NO. 21-CA-000098
All documents relating to premiums that Plaintiffs paid you for policies issued.
RESPONSE: Objection. This Request is overly broad, unduly burdensome, irrelevant,
immaterial and unlikely to lead to admissible evidence as Defendant has already admitted
that Plaintiff's Policy Premiums were paid in full at the applicable times of both claimed
losses.
All documents relating to Plaintiffs or the Property, which you obtained from any
source other than Plaintiffs.
RESPONSE: Objection. This Request is overly broad, unduly burdensome and vague as
it pertains to “relating to.” Information concerning the processing, acceptance, or denial
of any portion of Plaintiffs’ claim of coverage is premature, irrelevant, and otherwise
privileged. Discovery concerning the insurer’s claims handling process in a first-party
dispute such as this is privileged. Old Republic Nat. Title Ins. Co. v. HomeAmerican
Credit, Inc., 844 So. 2d 818 (Fla. Sth DCA 2003). Indeed, “claim files, investigative
reports, adjuster notes, underwriting files, company policies and manuals, training
materials, [and] certain personnel files . . .” are either irrelevant in first-party disputes
such as this or are privileged work product. State Farm Fla. Ins. Co. v. Gallmon, 835 So.
2d 389, 390 (Fla. 2d DCA 2003); see also State Farm Fire & Cas. Co. v. Valido, 662 So.
2d 1012, 1013 (Fla. 3d DCA 1995). Further, such claims-related discovery absent a
coverage determination is premature at this time. See Quadomain Condominium Ass’n,
Inc. v. QBE Ins. Corp., 2007 WL 1424596 (S.D. Fla. May 14, 2007); Portofini South
Condominium Ass’n of West Palm Beach, Inc. v. QBE Ins. Corp., 664 F. Supp. 2d 1265
(S.D. Fla. 2009); Nirvana Condo. Ass’n, Inc. v. QBE Ins. Corp., 589 F. Supp. 2d 1336
(S.D. Fla. 2008); Isola Condo. Ass’n, Inc. v. QBE Ins. Corp., 2008 WL 5169458 (S.D.
Fla. Dec. 8, 2008); Buckley Towers Condo., Inc. v. QBE Ins. Corp., 2008 WL 2490450
(S.D. Fla. June 18, 2008).
Subject to and without waiving the foregoing objections, and in accordance with the
Florida Rules of Civil Procedures, Defendant provides the following privilege log.
Furthermore, please see the report generated by AirSpec.
Date
Description Privilege
10/13/2020 First Notice of Loss Report Work Product; underwriting
prepared by Tower Hill file materials.
10/21/2020 Full report prepared by | Work product; underwriting
Ladder Now Maestro for | file materials.
Tower Hill based on
10/21/2020 inspection,
including 66 color
photographs
10/13/2020 ISO ClaimSearch Report Work Product; underwriting
-19-CASE NO. 21-CA-000098
file materials.
02/20/2020- 06/16/2020 Tower Hill Claim Notes Work Product; underwriting
file materials.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a copy hereof has been electronically served via Florida
ePortal to: James S. Jenkins, III, Esquire , jim@jenkinslawpl.com,
derek@jenkinslawpl.com, ron@jenkinslawpl.com, eservice@jenkinslawpl.com; on this 8" day
of March, 2021.
/s/ Gabriela M. Trabazo
Brandon M. Nichols, Esquire
Florida Bar No. 51307
Gabriela M. Trabazo, Esquire
Florida Bar No. 1012344
WICKER SMITH O'HARA MCCOY & FORD, P.A.
Attorneys for Tower Hill Signature Insurance
Company
9132 Strada Pl., Suite 400
Naples, FL 34108
Phone: (239) 552-5300
Fax: (239) 552-5399
NAPertpleadings@wickersmith.com
-20-
Preview
Filing # 122689295 E-Filed 03/08/2021 03:10:06 PM 99508-8 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, DARREN & JENNIFER VOGT, CIRCUIT CIVIL DIVISION Plaintiffs, CASE NO. 21-CA-000098 vs. TOWER HILL SIGNATURE INSURANCE COMPANY, Defendant. / DEFENDANT’S RESPONSES AND OBJECTIONS TO PLAINTIFF’S FIRST REQUEST TO PRODUCE Defendant, TOWER HILL SIGNATURE INSURANCE COMPANY, by and through the undersigned attorneys, and pursuant to the applicable Fla. R. Civ. P., responds to Plaintiffs’, DARREN AND JENNIFER VOGT, Request to Produce as follows: GENERAL OBJECTIONS 1. Defendant objects to each Request to the extent the request requires production of privileged documents including documents protected by the claims-file privilege, work-product privilege, attorney-client privilege, information protected by the attorney work-product doctrine, and/or other documents and information that is otherwise not subject to discovery under the Florida Rules of Civil Procedure or the Florida Rules of Evidence. Defendant has produced all of the discoverable documents for this claim; however, Defendant has also described the privileged documents in its Privilege Logs. 2. Defendant objects to each Request to the extent the request requires production of confidential and proprietary documents and information. 3. Further, Defendant objects to each Request/requesting production of personal information, including information as to which disclosure is prohibited by law and information as to which employees or other individuals have a reasonable expectation of privacy. 4. Defendant objects to each Request seeking production of documents and information not in Defendant's possession, custody or control, or documents and information that was previously requested to be produced. FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, CLERK, 03/08/2021 03:10:06 PMCASE NO. 21-CA-000098 5. Defendant objects to those requests which seek information neither relevant to the issues in this lawsuit nor reasonably calculated to lead to the discovery of admissible evidence. 6. Defendant has not completed discovery and has not completed preparation for trial so that additional evidence may be discovered that could impact Defendant's responses. Defendant has provided Plaintiff with documents exemplifying the best information available at the time; however, Defendant does not intend for the initial discovery responses to be its final production of documents and information. 7. Defendant expressly reserves its right to amend or supplement its responses to these Requests as discovery progresses or further information and documents become known or available to Defendant. 8. Defendant responds to each Request with the accompanying objections, without waiving and expressly preserving any and all objections including, but not limited to: (a) the right to object to the relevancy, competency, and admissibility in this action or any other related action; (b) the right to object to the use of any information or documents produced in any subsequent proceeding or trial of this or any other action on any grounds; (c) the right to object on any ground at any time to a demand for further response to each Request; (d) the right to further supplement and/or amend these responses based upon discovery of additional information or documents; and (e) the attorney-client and work-product privileges. | Any inadvertent production of any privileged information or documents is not a waiver of these privileges. 9. Defendant produced all discoverable documents in this Response to Plaintiff's Request(s) to Produce. Defendant conducted a thorough investigation of the claim to the extent Plaintiff cooperated; therefore, in its document production, Defendant produced all of the discoverable, requested documents. Defendant objects to Plaintiff?s Request to Produce because it is unduly burdensome to request Defendant to duplicate and re-organize the requested documents. SPECIFIC RESPONSES DOCUMENTS TO PRODUCE 1. All reports, drafts, charts, drawings, diagrams, or memoranda showing or intending to show the cause of damage to Plaintiffs' real property located at 9625 Six Street North, Naples, FL 34108,, (hereinafter referred to as the "Property") or the potential methods of repair in connection therewith. RESPONSE: Objection. Information concerning the processing, acceptance, or denial of any portion of Plaintiffs’ claim of coverage is premature, irrelevant, and otherwise privileged. Discovery concerning the insurer’s claims handling process in a first-party dispute such as this is privileged. Old Republic Nat. Title Ins. Co. v. HomeAmerican Credit, Inc., 844 So. 2d 818 (Fla. Sth DCA 2003). Indeed, “claim files, investigative reports, adjuster notes, underwriting files, company policies and manuals, trainingCASE NO. 21-CA-000098 materials, [and] certain personnel files . . .” are either irrelevant in first-party disputes such as this or are privileged work product. State Farm Fla. Ins. Co. v. Gallmon, 835 So. 2d 389, 390 (Fla. 2d DCA 2003); see also State Farm Fire & Cas. Co. v. Valido, 662 So. 2d 1012, 1013 (Fla. 3d DCA 1995). Further, such claims-related discovery absent a coverage determination is premature at this time. See Quadomain Condominium Ass’n, Inc. v. QBE Ins. Corp., 2007 WL 1424596 (S.D. Fla. May 14, 2007); Portofini South Condominium Ass’n of West Palm Beach, Inc. v. QBE Ins. Corp., 664 F. Supp. 2d 1265 (S.D. Fla. 2009); Nirvana Condo. Ass’n, Inc. v. QBE Ins. Corp., 589 F. Supp. 2d 1336 (S.D. Fla. 2008); Isola Condo. Ass’n, Inc. v. QBE Ins. Corp., 2008 WL 5169458 (S.D. Fla. Dec. 8, 2008); Buckley Towers Condo., Inc. v. QBE Ins. Corp., 2008 WL 2490450 (S.D. Fla. June 18, 2008). Subject to and not waiving the foregoing objections, see attached Claim Acknowledgement/Notice of Mediation Letter from Tower Hill to Insured dated 10/14/2020, Reservation of Rights Letter from Tower Hill to Insured dated 10/14/2020, Denial Letter dated 11/12/2020, AirSpec report prepared for Tower Hill dated 11/11/2020 and Allied Restoration & Construction estimate dated 10/12/2020. Subject to and without waiving the foregoing objections, and in accordance with the Florida Rules of Civil Procedures, Defendant provides the following privilege log. Date Description Privilege 10/13/2020 First Notice of Loss Report | Work Product; prepared by Tower Hill underwriting file materials. 10/21/2020 Full report prepared by | Work product; Ladder Now Maestro for | underwriting file materials. Tower Hill based on 10/21/2020 inspection, including 66 color photographs 10/13/2020 ISO ClaimSearch Report Work Product; underwriting file materials. 02/20/2020- 06/16/2020 Tower Hill Claim Notes Work Product; underwriting file materials. 2. A certified copy of the Plaintiffs' all-risk insurance policy that was in effect at the time Plaintiffs' claims were made. RESPONSE: See attached.CASE NO. 21-CA-000098 All applications for insurance or corresponding documents that relate to Plaintiffs' procurement of the subject policy. RESPONSE: Objection. Information concerning the processing, acceptance, or denial of any portion of Plaintiffs’ claim of coverage is premature, irrelevant, and otherwise privileged. Discovery concerning the insurer’s claims handling process in a first-party dispute such as this is privileged. Old Republic Nat. Title Ins. Co. v. HomeAmerican Credit, Inc., 844 So. 2d 818 (Fla. 5th DCA 2003). Indeed, “claim files, investigative reports, adjuster notes, underwriting files, company policies and manuals, training materials, [and] certain personnel files . . .” are either irrelevant in first-party disputes such as this or are privileged work product. State Farm Fla. Ins. Co. v. Gallmon, 835 So. 2d 389, 390 (Fla. 2d DCA 2003); see also State Farm Fire & Cas. Co. v. Valido, 662 So. 2d 1012, 1013 (Fla. 3d DCA 1995). Further, such claims-related discovery absent a coverage determination is premature at this time. See Quadomain Condominium Ass’n, Inc. v. QBE Ins. Corp., 2007 WL 1424596 (S.D. Fla. May 14, 2007); Portofini South Condominium Ass’n of West Palm Beach, Inc. v. QBE Ins. Corp., 664 F. Supp. 2d 1265 (S.D. Fla. 2009); Nirvana Condo. Ass’n, Inc. v. QBE Ins. Corp., 589 F. Supp. 2d 1336 (S.D. Fla. 2008); Isola Condo. Ass’n, Inc. v. QBE Ins. Corp., 2008 WL 5169458 (S.D. Fla. Dec. 8, 2008); Buckley Towers Condo., Inc. v. QBE Ins. Corp., 2008 WL 2490450 (S.D. Fla. June 18, 2008). Subject to and without waiving the foregoing objections, and in accordance with the Florida Rules of Civil Procedures, Defendant provides the following privilege log: Date Description Privilege 09/25/2014 | Insured’s Tower Hill Application Work Product; underwriting file materials. The entire underwriting file. RESPONSE: Objection. Information concerning the processing, acceptance, or denial of any portion of Plaintiffs’ claim of coverage is premature, irrelevant, and otherwise privileged. Discovery concerning the insurer’s claims handling process in a first-party dispute such as this is privileged. Old Republic Nat. Title Ins. Co. v. HomeAmerican Credit, Inc., 844 So. 2d 818 (Fla. Sth DCA 2003). Indeed, “claim files, investigative reports, adjuster notes, underwriting files, company policies and manuals, training materials, [and] certain personnel files . . .” are either irrelevant in first-party disputes such as this or are privileged work product. State Farm Fla. Ins. Co. v. Gallmon, 835 So. 2d 389, 390 (Fla. 2d DCA 2003); see also State Farm Fire & Cas. Co. v. Valido, 662 So. 2d 1012, 1013 (Fla. 3d DCA 1995). Further, such claims-related discovery absent a coverage determination is premature at this time. See Quadomain Condominium Ass’n, Inc. v. QBE Ins. Corp., 2007 WL 1424596 (S.D. Fla. May 14, 2007); Portofini South Condominium Ass’n of West Palm Beach, Inc. v. QBE Ins. Corp., 664 F. Supp. 2d 1265 (S.D. Fla. 2009); Nirvana Condo. Ass’n, Inc. v. QBE Ins. Corp., 589 F. Supp. 2d 1336 (S.D. Fla. 2008); Isola Condo. Ass’n, Inc. v. QBE Ins. Corp., 2008 WL 5169458 (S.D. -4-CASE NO. 21-CA-000098 Fla. Dec. 8, 2008); Buckley Towers Condo., Inc. v. QBE Ins. Corp., 2008 WL 2490450 (S.D. Fla. June 18, 2008). Subject to and without waiving the foregoing objections, and in accordance with the Florida Rules of Civil Procedures, Defendant provides the following privilege log: Date Description Privilege 09/25/2014 | Insured’s Tower Hill Application Work Product; underwriting file materials. 02/20/2020- | Tower Hill Claim Notes Work Product; underwriting file 06/16/2020 materials. All notices of cancellation for any policy issued to Plaintiffs by Defendant. RESPONSE: None. All notices of non-renewal for any policy issued to Plaintiffs by Defendant. RESPONSE: None. All field logs, notes, or other memoranda relating to or referencing any engineering or geological consultant's findings or recommendations in connection with the Property. RESPONSE: Objection. Information concerning the processing, acceptance, or denial of any portion of Plaintiffs’ claim of coverage is premature, irrelevant, and otherwise privileged. Discovery concerning the insurer’s claims handling process in a first-party dispute such as this is privileged. Old Republic Nat. Title Ins. Co. v. HomeAmerican Credit, Inc., 844 So. 2d 818 (Fla. Sth DCA 2003). Indeed, “claim files, investigative reports, adjuster notes, underwriting files, company policies and manuals, training materials, [and] certain personnel files . . .” are either irrelevant in first-party disputes such as this or are privileged work product. State Farm Fla. Ins. Co. v. Gallmon, 835 So. 2d 389, 390 (Fla. 2d DCA 2003); see also State Farm Fire & Cas. Co. v. Valido, 662 So. 2d 1012, 1013 (Fla. 3d DCA 1995). Further, such claims-related discovery absent a coverage determination is premature at this time. See Quadomain Condominium Ass’n, Inc. v. QBE Ins. Corp., 2007 WL 1424596 (S.D. Fla. May 14, 2007); Portofini South Condominium Ass’n of West Palm Beach, Inc. v. QBE Ins. Corp., 664 F. Supp. 2d 1265 (S.D. Fla. 2009); Nirvana Condo. Ass’n, Inc. v. QBE Ins. Corp., 589 F. Supp. 2d 1336 (S.D. Fla. 2008); Isola Condo. Ass’n, Inc. v. QBE Ins. Corp., 2008 WL 5169458 (S.D. Fla. Dec. 8, 2008); Buckley Towers Condo., Inc. v. QBE Ins. Corp., 2008 WL 2490450 (S.D. Fla. June 18, 2008).CASE NO. 21-CA-000098 Subject to and without waiving the foregoing objections, and in accordance with the Florida Rules of Civil Procedures, Defendant provides the following privilege log. Furthermore, please see the report generated by AirSpec. Date Description Privilege 10/13/2020 First Notice of Loss Report | Work Product; prepared by Tower Hill underwriting file materials. 10/21/2020 Full report prepared by | Work product; Ladder Now Maestro for | underwriting file materials. Tower Hill based on 10/21/2020 inspection, including 66 color photographs 10/13/2020 ISO ClaimSearch Report Work Product; underwriting file materials. 02/20/2020- 06/16/2020 Tower Hill Claim Notes Work Product; underwriting file materials. 8. All documents relating to or referencing the damage to the Property, which were considered by any individual or entity, and any related cost estimates in connection therewith. RESPONSE: Objection. Information concerning the processing, acceptance, or denial of any portion of Plaintiffs’ claim of coverage is premature, irrelevant, and otherwise privileged. Discovery concerning the insurer’s claims handling process in a first-party dispute such as this is privileged. Old Republic Nat. Title Ins. Co. v. HomeAmerican Credit, Inc., 844 So. 2d 818 (Fla. Sth DCA 2003). Indeed, “claim files, investigative reports, adjuster notes, underwriting files, company policies and manuals, training materials, [and] certain personnel files . . .” are either irrelevant in first-party disputes such as this or are privileged work product. State Farm Fla. Ins. Co. v. Gallmon, 835 So. 2d 389, 390 (Fla. 2d DCA 2003); see also State Farm Fire & Cas. Co. v. Valido, 662 So. 2d 1012, 1013 (Fla. 3d DCA 1995). Further, such claims-related discovery absent a coverage determination is premature at this time. See Quadomain Condominium Ass’n, Inc. v. QBE Ins. Corp., 2007 WL 1424596 (S.D. Fla. May 14, 2007); Portofini South Condominium Ass’n of West Palm Beach, Inc. v. QBE Ins. Corp., 664 F. Supp. 2d 1265 (S.D. Fla. 2009); Nirvana Condo. Ass’n, Inc. v. QBE Ins. Corp., 589 F. Supp. 2d 1336 (S.D. Fla. 2008); Isola Condo. Ass’n, Inc. v. QBE Ins. Corp., 2008 WL 5169458 (S.D. Fla. Dec. 8, 2008); Buckley Towers Condo., Inc. v. QBE Ins. Corp., 2008 WL 2490450 (S.D. Fla. June 18, 2008).CASE NO. 21-CA-000098 Subject to and without waiving the foregoing objections, and in accordance with the Florida Rules of Civil Procedures, Defendant provides the following privilege log. Furthermore, please see the report generated by AirSpec. Date Description Privilege 10/13/2020 First Notice of Loss Report | Work Product; prepared by Tower Hill underwriting file materials. 10/21/2020 Full report prepared by | Work product; Ladder Now Maestro for | underwriting file materials. Tower Hill based on 10/21/2020 inspection, including 66 color photographs 10/13/2020 ISO ClaimSearch Report Work Product; underwriting file materials. 02/20/2020- 06/16/2020 Tower Hill Claim Notes Work Product; underwriting file materials. 9. All photographs, logs, and/or videos taken of the Property with regard to any inspection or testing performed at the request of Defendant or at the request of any of Defendant's representatives. RESPONSE: Objection. Information concerning the processing, acceptance, or denial of any portion of Plaintiffs’ claim of coverage is premature, irrelevant, and otherwise privileged. Discovery concerning the insurer’s claims handling process in a first-party dispute such as this is privileged. Old Republic Nat. Title Ins. Co. v. HomeAmerican Credit, Inc., 844 So. 2d 818 (Fla. Sth DCA 2003). Indeed, “claim files, investigative reports, adjuster notes, underwriting files, company policies and manuals, training materials, [and] certain personnel files . . .” are either irrelevant in first-party disputes such as this or are privileged work product. State Farm Fla. Ins. Co. v. Gallmon, 835 So. 2d 389, 390 (Fla. 2d DCA 2003); see also State Farm Fire & Cas. Co. v. Valido, 662 So. 2d 1012, 1013 (Fla. 3d DCA 1995). Further, such claims-related discovery absent a coverage determination is premature at this time. See Quadomain Condominium Ass’n, Inc. v. QBE Ins. Corp., 2007 WL 1424596 (S.D. Fla. May 14, 2007); Portofini South Condominium Ass’n of West Palm Beach, Inc. v. QBE Ins. Corp., 664 F. Supp. 2d 1265 (S.D. Fla. 2009); Nirvana Condo. Ass’n, Inc. v. QBE Ins. Corp., 589 F. Supp. 2d 1336 (S.D. Fla. 2008); Isola Condo. Ass’n, Inc. v. QBE Ins. Corp., 2008 WL 5169458 (S.D. Fla. Dec. 8, 2008); Buckley Towers Condo., Inc. v. QBE Ins. Corp., 2008 WL 2490450 (S.D. Fla. June 18, 2008).CASE NO. 21-CA-000098 Subject to and without waiving the foregoing objections, and in accordance with the Florida Rules of Civil Procedures, Defendant provides the following privilege log. Furthermore, please see the report generated by AirSpec. Date Description Privilege 10/21/2020 Full report prepared by | Work product; underwriting Ladder Now Maestro for | file materials. Tower Hill based on 10/21/2020 inspection, including 66 color photographs 10. All documents relating to or referencing any communication between Plaintiffs and ll. Defendant, including, but not limited to, correspondence or notices in connection with Plaintiffs' claims. RESPONSE: Objection. This Request is overly broad, unduly burdensome and vague with respect to the term “referencing.” Furthermore, because the aforementioned term is vague Defendant must object to the extent that this request seeks documents which are protected work-product. Subject to and without waving the aforementioned objection, Defendant will provide all written communications sent to Defendant from Plaintiff and/or their Public Adjuster. Further, see attached Claim Acknowledgement/Notice of Mediation Letter from Tower Hill to Insured dated 10/14/2020, Reservation of Rights Letter from Tower Hill to Insured dated 10/14/2020, Denial Letter dated 11/12/2020, AirSpec report prepared for Tower Hill dated 11/11/2020 and Allied Restoration & Construction estimate dated 10/12/2020. All documents signed by Plaintiffs and relating to this action. RESPONSE: Objection. Information concerning the processing, acceptance, or denial of any portion of Plaintiffs’ claim of coverage is premature, irrelevant, and otherwise privileged. Discovery concerning the insurer’s claims handling process in a first-party dispute such as this is privileged. Old Republic Nat. Title Ins. Co. v. HomeAmerican Credit, Inc., 844 So. 2d 818 (Fla. 5th DCA 2003). Indeed, “claim files, investigative reports, adjuster notes, underwriting files, company policies and manuals, training materials, [and] certain personnel files . . .” are either irrelevant in first-party disputes such as this or are privileged work product. State Farm Fla. Ins. Co. v. Gallmon, 835 So. 2d 389, 390 (Fla. 2d DCA 2003); see also State Farm Fire & Cas. Co. v. Valido, 662 So. 2d 1012, 1013 (Fla. 3d DCA 1995). Further, such claims-related discovery absent a coverage determination is premature at this time. See Quadomain Condominium Ass’n, Inc. v. QBE Ins. Corp., 2007 WL 1424596 (S.D. Fla. May 14, 2007); Portofini South -8-12. CASE NO. 21-CA-000098 Condominium Ass’n of West Palm Beach, Inc. v. QBE Ins. Corp., 664 F. Supp. 2d 1265 (S.D. Fla. 2009); Nirvana Condo. Ass’n, Inc. v. QBE Ins. Corp., 589 F. Supp. 2d 1336 (S.D. Fla. 2008); Isola Condo. Ass’n, Inc. v. QBE Ins. Corp., 2008 WL 5169458 (S.D. Fla. Dec. 8, 2008); Buckley Towers Condo., Inc. v. QBE Ins. Corp., 2008 WL 2490450 (S.D. Fla. June 18, 2008). Subject to and without waiving the aforementioned objections, none. Any documents, notes, memoranda, diaries, reports, photographs, and/or videos of any person who visited the Property and/or spoke with Plaintiff on behalf of Defendant, at the request of Defendant, or at the request of any Defendant's representatives. RESPONSE: Objection. Information concerning the processing, acceptance, or denial of any portion of Plaintiffs’ claim of coverage is premature, irrelevant, and otherwise privileged. Discovery concerning the insurer’s claims handling process in a first-party dispute such as this is privileged. Old Republic Nat. Title Ins. Co. v. HomeAmerican Credit, Inc., 844 So. 2d 818 (Fla. 5th DCA 2003). Indeed, “claim files, investigative reports, adjuster notes, underwriting files, company policies and manuals, training materials, [and] certain personnel files . . .” are either irrelevant in first-party disputes such as this or are privileged work product. State Farm Fla. Ins. Co. v. Gallmon, 835 So. 2d 389, 390 (Fla. 2d DCA 2003); see also State Farm Fire & Cas. Co. v. Valido, 662 So. 2d 1012, 1013 (Fla. 3d DCA 1995). Further, such claims-related discovery absent a coverage determination is premature at this time. See Quadomain Condominium Ass’n, Inc. v. QBE Ins. Corp., 2007 WL 1424596 (S.D. Fla. May 14, 2007); Portofini South Condominium Ass’n of West Palm Beach, Inc. v. QBE Ins. Corp., 664 F. Supp. 2d 1265 (S.D. Fla. 2009); Nirvana Condo. Ass’n, Inc. v. QBE Ins. Corp., 589 F. Supp. 2d 1336 (S.D. Fla. 2008); Isola Condo. Ass’n, Inc. v. QBE Ins. Corp., 2008 WL 5169458 (S.D. Fla. Dec. 8, 2008); Buckley Towers Condo., Inc. v. QBE Ins. Corp., 2008 WL 2490450 (S.D. Fla. June 18, 2008). Subject to and without waiving the foregoing objections, and in accordance with the Florida Rules of Civil Procedures, Defendant provides the following privilege log. Furthermore, please see the report generated by AirSpec Date Description Privilege 10/13/2020 First Notice of Loss Report Work Product; underwriting prepared by Tower Hill file materials. 10/21/2020 Full report prepared by | Work product; underwriting Ladder Now Maestro for | file materials. Tower Hill based on 10/21/2020 inspection, including 66 color photographsCASE NO. 21-CA-000098 10/13/2020 ISO ClaimSearch Report Work Product; underwriting file materials. 02/20/2020- 06/16/2020 Tower Hill Claim Notes Work Product; underwriting file materials. 13. All documents used by you in making the decision to tender or to offer to tender any amount to Plaintiff in connection with Plaintiffs’ claims. RESPONSE: Objection. Information concerning the processing, acceptance, or denial of any portion of Plaintiffs’ claim of coverage is premature, irrelevant, and otherwise privileged. Discovery concerning the insurer’s claims handling process in a first-party dispute such as this is privileged. Old Republic Nat. Title Ins. Co. v. HomeAmerican Credit, Inc., 844 So. 2d 818 (Fla. 5th DCA 2003). Indeed, “claim files, investigative reports, adjuster notes, underwriting files, company policies and manuals, training materials, [and] certain personnel files . . .” are either irrelevant in first-party disputes such as this or are privileged work product. State Farm Fla. Ins. Co. v. Gallmon, 835 So. 2d 389, 390 (Fla. 2d DCA 2003); see also State Farm Fire & Cas. Co. v. Valido, 662 So. 2d 1012, 1013 (Fla. 3d DCA 1995). Further, such claims-related discovery absent a coverage determination is premature at this time. See Quadomain Condominium Ass’n, Inc. v. QBE Ins. Corp., 2007 WL 1424596 (S.D. Fla. May 14, 2007); Portofini South Condominium Ass’n of West Palm Beach, Inc. v. QBE Ins. Corp., 664 F. Supp. 2d 1265 (S.D. Fla. 2009); Nirvana Condo. Ass’n, Inc. v. QBE Ins. Corp., 589 F. Supp. 2d 1336 (S.D. Fla. 2008); Isola Condo. Ass’n, Inc. v. QBE Ins. Corp., 2008 WL 5169458 (S.D. Fla. Dec. 8, 2008); Buckley Towers Condo., Inc. v. QBE Ins. Corp., 2008 WL 2490450 (S.D. Fla. June 18, 2008). Subject to and without waiving the foregoing objections, and in accordance with the Florida Rules of Civil Procedures, Defendant provides the following privilege log. Furthermore, please see the report generated by AirSpec. Date Description Privilege 10/13/2020 First Notice of Loss Report Work Product; underwriting prepared by Tower Hill file materials. 10/21/2020 Full report prepared by | Work product; underwriting Ladder Now Maestro for | file materials. Tower Hill based on 10/21/2020 inspection, including 66 color photographs 10/13/2020 ISO ClaimSearch Report Work Product; underwriting -10-CASE NO. 21-CA-000098 file materials. 02/20/2020- 06/16/2020 Tower Hill Claim Notes Work Product; underwriting file materials. 14. All documents used by you in making the decision whether coverage would be provided with respect to Plaintiffs’ claims. RESPONSE: Objection. Information concerning the processing, acceptance, or denial of any portion of Plaintiffs’ claim of coverage is premature, irrelevant, and otherwise privileged. Discovery concerning the insurer’s claims handling process in a first-party dispute such as this is privileged. Old Republic Nat. Title Ins. Co. v. HomeAmerican Credit, Inc., 844 So. 2d 818 (Fla. Sth DCA 2003). Indeed, “claim files, investigative reports, adjuster notes, underwriting files, company policies and manuals, training materials, [and] certain personnel files . . .” are either irrelevant in first-party disputes such as this or are privileged work product. State Farm Fla. Ins. Co. v. Gallmon, 835 So. 2d 389, 390 (Fla. 2d DCA 2003); see also State Farm Fire & Cas. Co. v. Valido, 662 So. 2d 1012, 1013 (Fla. 3d DCA 1995). Further, such claims-related discovery absent a coverage determination is premature at this time. See Quadomain Condominium Ass’n, Inc. v. QBE Ins. Corp., 2007 WL 1424596 (S.D. Fla. May 14, 2007); Portofini South Condominium Ass’n of West Palm Beach, Inc. v. QBE Ins. Corp., 664 F. Supp. 2d 1265 (S.D. Fla. 2009); Nirvana Condo. Ass’n, Inc. v. QBE Ins. Corp., 589 F. Supp. 2d 1336 (S.D. Fla. 2008); Isola Condo. Ass’n, Inc. v. QBE Ins. Corp., 2008 WL 5169458 (S.D. Fla. Dec. 8, 2008); Buckley Towers Condo., Inc. v. QBE Ins. Corp., 2008 WL 2490450 (S.D. Fla. June 18, 2008). Subject to and without waiving the foregoing objections, and in accordance with the Florida Rules of Civil Procedures, Defendant provides the following privilege log. Furthermore, please see the report generated by AirSpec. Date Description Privilege 10/13/2020 First Notice of Loss Report Work Product; underwriting prepared by Tower Hill file materials. 10/21/2020 Full report prepared by | Work product; underwriting Ladder Now Maestro for | file materials. Tower Hill based on 10/21/2020 inspection, including 66 color photographs 10/13/2020 ISO ClaimSearch Report Work Product; underwriting file materials. -li-CASE NO. 21-CA-000098 02/20/2020- 06/16/2020 Tower Hill Claim Notes Work Product; underwriting file materials. 15. All documents used by you unmaking the decision whether coverage would be provided with respect to Plaintiffs' claims. RESPONSE: Objection. Information concerning the processing, acceptance, or denial of any portion of Plaintiffs’ claim of coverage is premature, irrelevant, and otherwise privileged. Discovery concerning the insurer’s claims handling process in a first-party dispute such as this is privileged. Old Republic Nat. Title Ins. Co. v. HomeAmerican Credit, Inc., 844 So. 2d 818 (Fla. Sth DCA 2003). Indeed, “claim files, investigative reports, adjuster notes, underwriting files, company policies and manuals, training materials, [and] certain personnel files . . .” are either irrelevant in first-party disputes such as this or are privileged work product. State Farm Fla. Ins. Co. v. Gallmon, 835 So. 2d 389, 390 (Fla. 2d DCA 2003); see also State Farm Fire & Cas. Co. v. Valido, 662 So. 2d 1012, 1013 (Fla. 3d DCA 1995). Further, such claims-related discovery absent a coverage determination is premature at this time. See Quadomain Condominium Ass’n, Inc. v. QBE Ins. Corp., 2007 WL 1424596 (S.D. Fla. May 14, 2007); Portofini South Condominium Ass’n of West Palm Beach, Inc. v. QBE Ins. Corp., 664 F. Supp. 2d 1265 (S.D. Fla. 2009); Nirvana Condo. Ass’n, Inc. v. QBE Ins. Corp., 589 F. Supp. 2d 1336 (S.D. Fla. 2008); Isola Condo. Ass’n, Inc. v. QBE Ins. Corp., 2008 WL 5169458 (S.D. Fla. Dec. 8, 2008); Buckley Towers Condo., Inc. v. QBE Ins. Corp., 2008 WL 2490450 (S.D. Fla. June 18, 2008). Subject to and without waiving the foregoing objections, and in accordance with the Florida Rules of Civil Procedures, Defendant provides the following privilege log. Furthermore, please see the report generated by AirSpec. Date Description Privilege 10/13/2020 First Notice of Loss Report Work Product; underwriting prepared by Tower Hill file materials. 10/21/2020 Full report prepared by | Work product; underwriting Ladder Now Maestro for | file materials. Tower Hill based on 10/21/2020 inspection, including 66 color photographs 10/13/2020 ISO ClaimSearch Report Work Product; underwriting file materials. 02/20/2020- 06/16/2020 Tower Hill Claim Notes Work Product; underwriting file materials. -12-16. CASE NO. 21-CA-000098 All documents, including, but not limited to, prior claims documentation submitted to you by other insureds, which were consulted to assist you in determining whether there have been any other investigations for wind/rain/hail and/or hurricane damages to the Property. RESPONSE: Objection. Information concerning the processing, acceptance, or denial of any portion of Plaintiffs’ claim of coverage is premature, irrelevant, and otherwise privileged. Discovery concerning the insurer’s claims handling process in a first-party dispute such as this is privileged. Old Republic Nat. Title Ins. Co. v. HomeAmerican Credit, Inc., 844 So. 2d 818 (Fla. Sth DCA 2003). Indeed, “claim files, investigative reports, adjuster notes, underwriting files, company policies and manuals, training materials, [and] certain personnel files . . .” are either irrelevant in first-party disputes such as this or are privileged work product. State Farm Fla. Ins. Co. v. Gallmon, 835 So. 2d 389, 390 (Fla. 2d DCA 2003); see also State Farm Fire & Cas. Co. v. Valido, 662 So. 2d 1012, 1013 (Fla. 3d DCA 1995). Further, such claims-related discovery absent a coverage determination is premature at this time. See Quadomain Condominium Ass’n, Inc. v. QBE Ins. Corp., 2007 WL 1424596 (S.D. Fla. May 14, 2007); Portofini South Condominium Ass’n of West Palm Beach, Inc. v. QBE Ins. Corp., 664 F. Supp. 2d 1265 (S.D. Fla. 2009); Nirvana Condo. Ass’n, Inc. v. QBE Ins. Corp., 589 F. Supp. 2d 1336 (S.D. Fla. 2008); Isola Condo. Ass’n, Inc. v. QBE Ins. Corp., 2008 WL 5169458 (S.D. Fla. Dec. 8, 2008); Buckley Towers Condo., Inc. v. QBE Ins. Corp., 2008 WL 2490450 (S.D. Fla. June 18, 2008). Subject to and without waiving the foregoing objections, and in accordance with the Florida Rules of Civil Procedures, Defendant provides the following privilege log. Furthermore, please see the report generated by AirSpec. With respect to the request for documents related to prior claims submitted to Defendant by other insureds, None. Date Description Privilege 10/13/2020 First Notice of Loss Report Work Product; underwriting prepared by Tower Hill file materials. 10/21/2020 Full report prepared by | Work product; underwriting Ladder Now Maestro for | file materials. Tower Hill based on 10/21/2020 inspection, including 66 color photographs 10/13/2020 ISO ClaimSearch Report Work Product; underwriting file materials. 02/20/2020- 06/16/2020 Tower Hill Claim Notes Work Product; underwriting file materials. -13-17. CASE NO. 21-CA-000098 All documents which support, refute, or otherwise relate to Defendant's claims or defenses in this action. RESPONSE: Objection. Information concerning the processing, acceptance, or denial of any portion of Plaintiffs’ claim of coverage is premature, irrelevant, and otherwise privileged. Discovery concerning the insurer’s claims handling process in a first-party dispute such as this is privileged. Old Republic Nat. Title Ins. Co. v. HomeAmerican Credit, Inc., 844 So. 2d 818 (Fla. 5th DCA 2003). Indeed, “claim files, investigative reports, adjuster notes, underwriting files, company policies and manuals, training materials, [and] certain personnel files . . .” are either irrelevant in first-party disputes such as this or are privileged work product. State Farm Fla. Ins. Co. v. Gallmon, 835 So. 2d 389, 390 (Fla. 2d DCA 2003); see also State Farm Fire & Cas. Co. v. Valido, 662 So. 2d 1012, 1013 (Fla. 3d DCA 1995). Further, such claims-related discovery absent a coverage determination is premature at this time. See Quadomain Condominium Ass’n, Inc. v. QBE Ins. Corp., 2007 WL 1424596 (S.D. Fla. May 14, 2007); Portofini South Condominium Ass’n of West Palm Beach, Inc. v. QBE Ins. Corp., 664 F. Supp. 2d 1265 (S.D. Fla. 2009); Nirvana Condo. Ass’n, Inc. v. QBE Ins. Corp., 589 F. Supp. 2d 1336 (S.D. Fla. 2008); Isola Condo. Ass’n, Inc. v. QBE Ins. Corp., 2008 WL 5169458 (S.D. Fla. Dec. 8, 2008); Buckley Towers Condo., Inc. v. QBE Ins. Corp., 2008 WL 2490450 (S.D. Fla. June 18, 2008). Subject to and without waiving the foregoing objections, and in accordance with the Florida Rules of Civil Procedures, Defendant provides the following privilege log. Furthermore, please see the report generated by AirSpec. With respect to the request for documents related to prior claims submitted to Defendant by other insureds, None. Date Description Privilege 10/13/2020 First Notice of Loss Report Work Product; underwriting prepared by Tower Hill file materials. 10/21/2020 Full report prepared by | Work product; underwriting Ladder Now Maestro for | file materials. Tower Hill based on 10/21/2020 inspection, including 66 color photographs 10/13/2020 ISO ClaimSearch Report Work Product; underwriting file materials. 02/20/2020- 06/16/2020 Tower Hill Claim Notes Work Product; underwriting file materials. -14-18. CASE NO. 21-CA-000098 All documents relating to or referencing any communication by Defendant, to any testing laboratory, consultant, engineer or engineering firm, building contractor, or any expert, including but not limited to, correspondence, memoranda and notes prepared in connection with these claims. RESPONSE: Objection. Information concerning the processing, acceptance, or denial of any portion of Plaintiffs’ claim of coverage is premature, irrelevant, and otherwise privileged. Discovery concerning the insurer’s claims handling process in a first-party dispute such as this is privileged. Old Republic Nat. Title Ins. Co. v. HomeAmerican Credit, Inc., 844 So. 2d 818 (Fla. Sth DCA 2003). Indeed, “claim files, investigative reports, adjuster notes, underwriting files, company policies and manuals, training materials, [and] certain personnel files . . .” are either irrelevant in first-party disputes such as this or are privileged work product. State Farm Fla. Ins. Co. v. Gallmon, 835 So. 2d 389, 390 (Fla. 2d DCA 2003); see also State Farm Fire & Cas. Co. v. Valido, 662 So. 2d 1012, 1013 (Fla. 3d DCA 1995). Further, such claims-related discovery absent a coverage determination is premature at this time. See Quadomain Condominium Ass’n, Inc. v. QBE Ins. Corp., 2007 WL 1424596 (S.D. Fla. May 14, 2007); Portofini South Condominium Ass’n of West Palm Beach, Inc. v. QBE Ins. Corp., 664 F. Supp. 2d 1265 (S.D. Fla. 2009); Nirvana Condo. Ass’n, Inc. v. QBE Ins. Corp., 589 F. Supp. 2d 1336 (S.D. Fla. 2008); Isola Condo. Ass’n, Inc. v. QBE Ins. Corp., 2008 WL 5169458 (S.D. Fla. Dec. 8, 2008); Buckley Towers Condo., Inc. v. QBE Ins. Corp., 2008 WL 2490450 (S.D. Fla. June 18, 2008). Subject to and without waiving the foregoing objections, and in accordance with the Florida Rules of Civil Procedures, Defendant provides the following privilege log. Furthermore, please see the report generated by AirSpec. With respect to the request for documents related to prior claims submitted to Defendant by other insureds, None. Date Description Privilege 10/13/2020 First Notice of Loss Report Work Product; underwriting prepared by Tower Hill file materials. 10/21/2020 Full report prepared by | Work product; underwriting Ladder Now Maestro for | file materials. Tower Hill based on 10/21/2020 inspection, including 66 color photographs 10/13/2020 ISO ClaimSearch Report Work Product; underwriting file materials. 02/20/2020- 06/16/2020 Tower Hill Claim Notes Work Product; underwriting file materials. -15-19. CASE NO. 21-CA-000098 All documents for any construction/repair estimates or construction/repair proposals regarding the Property. RESPONSE: Objection. Information concerning the processing, acceptance, or denial of any portion of Plaintiffs’ claim of coverage is premature, irrelevant, and otherwise privileged. Discovery concerning the insurer’s claims handling process in a first-party dispute such as this is privileged. Old Republic Nat. Title Ins. Co. v. HomeAmerican Credit, Inc., 844 So. 2d 818 (Fla. 5th DCA 2003). Indeed, “claim files, investigative reports, adjuster notes, underwriting files, company policies and manuals, training materials, [and] certain personnel files . . .” are either irrelevant in first-party disputes such as this or are privileged work product. State Farm Fla. Ins. Co. v. Gallmon, 835 So. 2d 389, 390 (Fla. 2d DCA 2003); see also State Farm Fire & Cas. Co. v. Valido, 662 So. 2d 1012, 1013 (Fla. 3d DCA 1995). Further, such claims-related discovery absent a coverage determination is premature at this time. See Quadomain Condominium Ass’n, Inc. v. QBE Ins. Corp., 2007 WL 1424596 (S.D. Fla. May 14, 2007); Portofini South Condominium Ass’n of West Palm Beach, Inc. v. QBE Ins. Corp., 664 F. Supp. 2d 1265 (S.D. Fla. 2009); Nirvana Condo. Ass’n, Inc. v. QBE Ins. Corp., 589 F. Supp. 2d 1336 (S.D. Fla. 2008); Isola Condo. Ass’n, Inc. v. QBE Ins. Corp., 2008 WL 5169458 (S.D. Fla. Dec. 8, 2008); Buckley Towers Condo., Inc. v. QBE Ins. Corp., 2008 WL 2490450 (S.D. Fla. June 18, 2008). Subject to and not waiving the foregoing objections, see attached Allied Restoration & Construction estimate dated 10/12/2020. Subject to and without waiving the foregoing objections, and in accordance with the Florida Rules of Civil Procedures, Defendant provides the following privilege log. Furthermore, please see the report generated by AirSpec. With respect to the request for documents related to prior claims submitted to Defendant by other insureds, None. Date Description Privilege 10/13/2020 First Notice of Loss Report Work Product; underwriting prepared by Tower Hill file materials. 10/21/2020 Full report prepared by | Work product; underwriting Ladder Now Maestro for | file materials. Tower Hill based on 10/21/2020 inspection, including 66 color photographs 10/13/2020 ISO ClaimSearch Report Work Product; underwriting file materials. 02/20/2020- 06/16/2020 Tower Hill Claim Notes Work Product; underwriting file materials. -16-20. CASE NO. 21-CA-000098 All claims file documents regarding Plaintiffs' claims generated prior to your denial of Plaintiffs' claims. RESPONSE: Objection. Information concerning the processing, acceptance, or denial of any portion of Plaintiffs’ claim of coverage is premature, irrelevant, and otherwise privileged. Discovery concerning the insurer’s claims handling process in a first-party dispute such as this is privileged. Old Republic Nat. Title Ins. Co. v. HomeAmerican Credit, Inc., 844 So. 2d 818 (Fla. 5th DCA 2003). Indeed, “claim files, investigative reports, adjuster notes, underwriting files, company policies and manuals, training materials, [and] certain personnel files . . .” are either irrelevant in first-party disputes such as this or are privileged work product. State Farm Fla. Ins. Co. v. Gallmon, 835 So. 2d 389, 390 (Fla. 2d DCA 2003); see also State Farm Fire & Cas. Co. v. Valido, 662 So. 2d 1012, 1013 (Fla. 3d DCA 1995). Further, such claims-related discovery absent a coverage determination is premature at this time. See Quadomain Condominium Ass’n, Inc. v. QBE Ins. Corp., 2007 WL 1424596 (S.D. Fla. May 14, 2007); Portofini South Condominium Ass’n of West Palm Beach, Inc. v. QBE Ins. Corp., 664 F. Supp. 2d 1265 (S.D. Fla. 2009); Nirvana Condo. Ass’n, Inc. v. QBE Ins. Corp., 589 F. Supp. 2d 1336 (S.D. Fla. 2008); Isola Condo. Ass’n, Inc. v. QBE Ins. Corp., 2008 WL 5169458 (S.D. Fla. Dec. 8, 2008); Buckley Towers Condo., Inc. v. QBE Ins. Corp., 2008 WL 2490450 (S.D. Fla. June 18, 2008). Subject to and not waiving the foregoing objections, see attached Claim Acknowledgement/Notice of Mediation Letter from Tower Hill to Insured dated 10/14/2020, Reservation of Rights Letter from Tower Hill to Insured dated 10/14/2020, Denial Letter dated 11/12/2020, AirSpec report prepared for Tower Hill dated 11/11/2020 and Allied Restoration & Construction estimate dated 10/12/2020. Subject to and without waiving the foregoing objections, and in accordance with the Florida Rules of Civil Procedures, Defendant provides the following privilege log. Furthermore, please see the report generated by AirSpec. With respect to the request for documents related to prior claims submitted to Defendant by other insureds, None. Date Description Privilege 10/13/2020 First Notice of Loss Report Work Product; underwriting prepared by Tower Hill file materials. 10/21/2020 Full report prepared by | Work product; underwriting Ladder Now Maestro for | file materials. Tower Hill based on 10/21/2020 inspection, including 66 color photographs 10/13/2020 ISO ClaimSearch Report Work Product; underwriting -17-CASE NO. 21-CA-000098 file materials. 02/20/2020- 06/16/2020 Tower Hill Claim Notes Work Product; underwriting file materials. 21. 22. 23. 24. All documents evidencing the reserve amount set aside for Plaintiffs’ claims. RESPONSE: Objection. Information concerning the processing, acceptance, or denial of any portion of Plaintiffs’ claim of coverage is premature, irrelevant, and otherwise privileged. Discovery concerning the insurer’s claims handling process in a first-party dispute such as this is privileged. Old Republic Nat. Title Ins. Co. v. HomeAmerican Credit, Inc., 844 So. 2d 818 (Fla. 5th DCA 2003). Indeed, “claim files, investigative reports, adjuster notes, underwriting files, company policies and manuals, training materials, [and] certain personnel files . . .” are either irrelevant in first-party disputes such as this or are privileged work product. State Farm Fla. Ins. Co. v. Gallmon, 835 So. 2d 389, 390 (Fla. 2d DCA 2003); see also State Farm Fire & Cas. Co. v. Valido, 662 So. 2d 1012, 1013 (Fla. 3d DCA 1995). Further, such claims-related discovery absent a coverage determination is premature at this time. See Quadomain Condominium Ass’n, Inc. v. QBE Ins. Corp., 2007 WL 1424596 (S.D. Fla. May 14, 2007); Portofini South Condominium Ass’n of West Palm Beach, Inc. v. QBE Ins. Corp., 664 F. Supp. 2d 1265 (S.D. Fla. 2009); Nirvana Condo. Ass’n, Inc. v. QBE Ins. Corp., 589 F. Supp. 2d 1336 (S.D. Fla. 2008); Isola Condo. Ass’n, Inc. v. QBE Ins. Corp., 2008 WL 5169458 (S.D. Fla. Dec. 8, 2008); Buckley Towers Condo., Inc. v. QBE Ins. Corp., 2008 WL 2490450 (S.D. Fla. June 18, 2008). All documents identified or referred to in Plaintiffs' First Set of Interrogatories. RESPONSE: Objection. This request is vague and ambiguous as it is unclear if Plaintiff is seeking documents they referred to in their own Interrogatories or those documents referenced in Defendant’s Responses. Subject to the prior objection, Defendant is unable to answer this Request to Produce and reserves the right to object based on additional grounds once this ambiguity is clarified. All documents that relate to the interpretation or application of the subject language at issue in Plaintiffs' claims. RESPONSE: Objection. This request is vague and ambiguous with respect to “subject language.” Defendant is unaware of what subject language Plaintiff is referring to and is therefore unable to respond to this Request to Produce. Defendant reserves the right to object based on additional grounds once this ambiguity is clarified. All documents relating to your past and present document destruction policies. RESPONSE: Objection. This Request is overly broad, unduly burdensome, irrelevant, immaterial and unlikely to lead to admissible evidence. -18-25. 26. CASE NO. 21-CA-000098 All documents relating to premiums that Plaintiffs paid you for policies issued. RESPONSE: Objection. This Request is overly broad, unduly burdensome, irrelevant, immaterial and unlikely to lead to admissible evidence as Defendant has already admitted that Plaintiff's Policy Premiums were paid in full at the applicable times of both claimed losses. All documents relating to Plaintiffs or the Property, which you obtained from any source other than Plaintiffs. RESPONSE: Objection. This Request is overly broad, unduly burdensome and vague as it pertains to “relating to.” Information concerning the processing, acceptance, or denial of any portion of Plaintiffs’ claim of coverage is premature, irrelevant, and otherwise privileged. Discovery concerning the insurer’s claims handling process in a first-party dispute such as this is privileged. Old Republic Nat. Title Ins. Co. v. HomeAmerican Credit, Inc., 844 So. 2d 818 (Fla. Sth DCA 2003). Indeed, “claim files, investigative reports, adjuster notes, underwriting files, company policies and manuals, training materials, [and] certain personnel files . . .” are either irrelevant in first-party disputes such as this or are privileged work product. State Farm Fla. Ins. Co. v. Gallmon, 835 So. 2d 389, 390 (Fla. 2d DCA 2003); see also State Farm Fire & Cas. Co. v. Valido, 662 So. 2d 1012, 1013 (Fla. 3d DCA 1995). Further, such claims-related discovery absent a coverage determination is premature at this time. See Quadomain Condominium Ass’n, Inc. v. QBE Ins. Corp., 2007 WL 1424596 (S.D. Fla. May 14, 2007); Portofini South Condominium Ass’n of West Palm Beach, Inc. v. QBE Ins. Corp., 664 F. Supp. 2d 1265 (S.D. Fla. 2009); Nirvana Condo. Ass’n, Inc. v. QBE Ins. Corp., 589 F. Supp. 2d 1336 (S.D. Fla. 2008); Isola Condo. Ass’n, Inc. v. QBE Ins. Corp., 2008 WL 5169458 (S.D. Fla. Dec. 8, 2008); Buckley Towers Condo., Inc. v. QBE Ins. Corp., 2008 WL 2490450 (S.D. Fla. June 18, 2008). Subject to and without waiving the foregoing objections, and in accordance with the Florida Rules of Civil Procedures, Defendant provides the following privilege log. Furthermore, please see the report generated by AirSpec. Date Description Privilege 10/13/2020 First Notice of Loss Report Work Product; underwriting prepared by Tower Hill file materials. 10/21/2020 Full report prepared by | Work product; underwriting Ladder Now Maestro for | file materials. Tower Hill based on 10/21/2020 inspection, including 66 color photographs 10/13/2020 ISO ClaimSearch Report Work Product; underwriting -19-CASE NO. 21-CA-000098 file materials. 02/20/2020- 06/16/2020 Tower Hill Claim Notes Work Product; underwriting file materials. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a copy hereof has been electronically served via Florida ePortal to: James S. Jenkins, III, Esquire , jim@jenkinslawpl.com, derek@jenkinslawpl.com, ron@jenkinslawpl.com, eservice@jenkinslawpl.com; on this 8" day of March, 2021. /s/ Gabriela M. Trabazo Brandon M. Nichols, Esquire Florida Bar No. 51307 Gabriela M. Trabazo, Esquire Florida Bar No. 1012344 WICKER SMITH O'HARA MCCOY & FORD, P.A. Attorneys for Tower Hill Signature Insurance Company 9132 Strada Pl., Suite 400 Naples, FL 34108 Phone: (239) 552-5300 Fax: (239) 552-5399 NAPertpleadings@wickersmith.com -20-