Preview
Filing # 128179160 E-Filed 06/06/2021 10:45:11 PM
IN THE CIRCUIT COURT OF THE 2ND
JUDICIAL CIRCUIT IN AND FOR
GADSDEN COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO.:
RONIKA R. BLAKE,
Plaintiff,
vs.
VOYAGER INDEMNITY
INSURANCE COMPANY,
Defendant,
/
PLAINTIFF’S NOTICE OF SERVING INITIAL INTERROGATORIES TO
DEFENDANT
COMES NOW, the Plaintiff, RONIKA R. BLAKE, by and through her undersigned counsel,
pursuant to Rule 1.340 of the Florida Rules of Civil Procedure, serves the attached interrogatories to the
Defendant, VOYAGER INDEMNITY INSURANCE COMPANY, to be answered, under oath, within
45 days.
I HEREBY CERTIFY that a true and correct copy of the foregoing was served along with
Summons and Complaint to VOYAGER INDEMNITY INSURANCE COMPANY.
Respectfully Submitted.
M.S.P.G. LAW GROUP, PA
Attorney for the Plaintiff
770 Ponce de Leon Blvd., Suite 101
Coral Gables, FL 33134
Telephone: 305-444-1887
Facsimile: 305-666-8427
By: _/s/Leo A. Manzanilla
LEO A. MANZANILLA, ESQ.
FLA BAR NO.: 0652921
For Service Document Only:
Service @mspglawgroup.com
Page 1INSTRUCTIONS
)
2)
3)
4)
5)
6)
You are instructed either to produce documents as they are kept in the ordinary course of business
or to produce documents organized and labeled to correspond with the categories. In addition,
documents are to be produced in full and unexpurgated form.
This request shall be deemed continuing so as to require further and supplemental production in
the event that the party requested to produce, or any of his or her attorneys, agents or
representatives, obtains or discovers additional information or documents between the time of the
initial production and the time of hearing or trial.
If any document covered is withheld by reason of a claim of privilege, work product immunity or
other ground of non-production, a list is to be furnished at the time that documents are produced
identifying each such document not produced specifically by its nature (e.g., letter, memorandum,
etc.) together with the following information with respect to any such document withheld:
Author(s); recipient(s); sender(s); indicated or blind copies; date; subject matter, basis for non-
production; number of pages; and the paragraph(s) to which such document relates.
If portion of an otherwise responsive document contains information that is subject to a claim of
privilege, only those portions of the document subject to the claim of privilege shall be deleted or
redacted from the document and the rest of the document shall be produced.
In the event that any document called for has been destroyed, lost, discarded or otherwise
disposed of, each document is to be identified as completely as possible, including, without
limitation, the following information: Author(s); recipient(s); sender(s); subject matter; date
prepared or received; date of disposal; person(s) currently in possession of the document; and
person disposing of the document.
All objections to any category of documents to be produced pursuant to this request or to any
definition or instruction it contains shall be in writing and delivered to plaintiff's counsel at or
before the time of production.
Page 2))
2)
3)
4)
5)
6)
7)
8)
DEFINITIONS
The term “communication” shall mean any transmission of information by any means, including,
without limitation, by spoken language, electronic transmission of data or any other means. The
term “communication” shall include, without limitation, any copies of written information received
by the person or entity responding to this request, even if such person or entity is not the primary or
direct addressee of such written information.
The term “document” or “documents” is used in its broadest sense and includes, without limitation,
drafts, documents whether printed, recorded, stored or reproduced by any mechanical or electronic
process, or written or produced by hand, and including computer tapes (including backup tapes) and
all other computer-related documents, within your possession, custody or control. “Documents”
shall also include (1) each copy that is not identical to the original or to any other copy, and (2) any
tangible thing that is called for by or identified in response to any request. “Document” as used
herein shall be construed broadly to include all documents and things within the scope of the Florida
Rules of Civil Procedure and refers to all writings or other graphic matter, as well as any other
medium by which information is stored or recorded. It includes originals, drafts, copies an
reproductions; and it includes, without limiting the generality of the forgoing, letters; memoranda;
reports and/or summaries of investigations; police reports; accident reports; opinions or reports of
consultants; diagrams; marginal comments appearing on any documents; accounts; telegrams;
studies; lists of persons attending meetings or conferences; records of memoranda of telephone
conversations; specifications; drawings; advertisements; circulars; trade letters; press releases;
prints; recordings; positive or negative films, slides or photographs; magnetic, electronic or video
tapes; computer tapes, cards or printouts, and all other things of like nature; and any and all
containers, boxes or other receptacles or repositories housing or containing such “documents.”
“Person” means a natural person, firm, association, partnership, corporation, or other firm of legal
or business entity, public or private.
The term “referring” or “relating” shall mean showing, disclosing, averting to, comprising,
evidencing, constituting or reviewing.
The term “representative” as used herein with regard to a person or entity means and includes each
and every present and former director, officer, partner, employee, agent, independent consultant or
expert or other person (including attorneys) acting or purporting to act on behalf of the person or
entity.
“Subject damages” means any property loss or damage for which the plaintiff contends that the
defendant must pay under the terms and conditions of the subject insurance contract with the
parties.
The singular includes the plural and vice versa; the words “and” and “or” shall be both conjunctive;
the word “all” means “any and all”; the word “any” means “any and all”; the word “including”
means “including, without limitation.”
All other words have their plain and ordinary meaning.
Page 3)
2)
3)
4)
5)
6)
PLAINTIFF’S FIRST SET OF INTERROGATORIES TO DEFENDANT.
Please identify yourself fully by stating your full name, employment address and position and job
that you hold with the Defendant.
Please state
benefits un
Identify eac!
the date that Defendant first received any notice for Plaintiff(s) concerning a claim for
ler the Policy for property damages as described in the Complaint in the lawsuit.
h document sent from Defendant to Plaintiff(s) in reference to the subject loss involved
herein, including the date sent, the name of the individual who sent said communication.
Identify eac!
in reference
date of each
person who on behalf of Defendant inspected the property described in the complaint
to the claim described in the Complaint including his or her field of expertise and the
inspection.
Identify any and all engineers on behalf of the Defendant who inspected the property in reference to
the claim described in the Complaint including his or her field of expertise and the date of each
inspection.
Identify each written estimate of repair or replacement including the amount set forth in each said
estimate, which has been provided to Defendant by Plaintiff(s) in reference to the claim described in
the Complaint.
Page 4D
8)
9)
10)
Identify all persons (other than Defendant) believed or known by you, your agents or attorneys to
have any knowledge concerning any of the issues raised by the pleadings, specifying the subject
matter about which the witnesses have knowledge and state whether you have obtained any
statements (oral, written and/or recorded) from any of said witnesses, list the dates any such witness
statements were taken by whom any such witness statements were taken and who has present
possession, custody and control of any such statements.
Did the Defendant request Plaintiff to perform any post loss duties for the subject claim, including
submitting to an examination under oath, to submit a sworn proof of loss, to conduct an inspection,
etc.
If your answer to the preceding interrogatory was “YES”, please state for each request:
i) the exact request made
ii) the date of the request
iii) whether the request was written or oral
iv) what did Plaintiff do in response to said request
With reference of each of your affirmative defenses raised in the lawsuit, please describe each and
every fact upon which you rely to substantiate such affirmative defense, including identification of
all witnesses to each such fact.
Page 511) Please identify all persons you intend to call as witnesses or for any evidentiary hearing of this
matter and provide a brief summary of the witnesses expected to testify, including the topics on
which witness is expected to testify.
12) Please identify each and every line item contained in the public adjusters estimate to the complaint
that you do not agree should be included in the loss.
13) If you identified any line item as requested in the preceding interrogatory, please state for each line
item:
i.) specifically why said line item should not be included in the loss which is the subject of this
law suit
14) Please identify any line item contained in the public adjusters estimate to the complaint that you
believe is not properly priced.
15) If you identified any line item as requested in the preceding interrogatory, please state with
specificity what you believe the correct pricing should be as per each identified line item.
16) Please state what estimating software you derive your pricing information from.
17) Please identify any line item contained in the public adjusters estimate to the complaint that you
believe is not covered under the existing insurance policy that is the subject of this law suit.
18) If you identified any line item as requested in the preceding interrogatory, please state with
specificity the policy language which specifically excludes the above mentioned line items.
Page 6STATE OF FLORIDA )
COUNTY OF )
BEFORE ME, the undersigned officer, authorized by law to administer oaths and take
acknowledgments, personally appeared ;who is personally
known to me or produced sufficient identification of (type of
identification) and after being by me duly sworn, deposes and says that the answers to the
above and foregoing Plaintiff's First Set of Interrogatories to Defendant (Numbered 1 — 18)
are true and correct to the best of his/her knowledge and belief.
Affiant
SWORN TO AND SUBSCRIBED before me this day of
2021.
NOTARY PUBLIC, State of Florida
Print, Type or Stamp Commissioned Name of Notary
Page 7
Preview
Filing # 128179160 E-Filed 06/06/2021 10:45:11 PM IN THE CIRCUIT COURT OF THE 2ND JUDICIAL CIRCUIT IN AND FOR GADSDEN COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO.: RONIKA R. BLAKE, Plaintiff, vs. VOYAGER INDEMNITY INSURANCE COMPANY, Defendant, / PLAINTIFF’S NOTICE OF SERVING INITIAL INTERROGATORIES TO DEFENDANT COMES NOW, the Plaintiff, RONIKA R. BLAKE, by and through her undersigned counsel, pursuant to Rule 1.340 of the Florida Rules of Civil Procedure, serves the attached interrogatories to the Defendant, VOYAGER INDEMNITY INSURANCE COMPANY, to be answered, under oath, within 45 days. I HEREBY CERTIFY that a true and correct copy of the foregoing was served along with Summons and Complaint to VOYAGER INDEMNITY INSURANCE COMPANY. Respectfully Submitted. M.S.P.G. LAW GROUP, PA Attorney for the Plaintiff 770 Ponce de Leon Blvd., Suite 101 Coral Gables, FL 33134 Telephone: 305-444-1887 Facsimile: 305-666-8427 By: _/s/Leo A. Manzanilla LEO A. MANZANILLA, ESQ. FLA BAR NO.: 0652921 For Service Document Only: Service @mspglawgroup.com Page 1INSTRUCTIONS ) 2) 3) 4) 5) 6) You are instructed either to produce documents as they are kept in the ordinary course of business or to produce documents organized and labeled to correspond with the categories. In addition, documents are to be produced in full and unexpurgated form. This request shall be deemed continuing so as to require further and supplemental production in the event that the party requested to produce, or any of his or her attorneys, agents or representatives, obtains or discovers additional information or documents between the time of the initial production and the time of hearing or trial. If any document covered is withheld by reason of a claim of privilege, work product immunity or other ground of non-production, a list is to be furnished at the time that documents are produced identifying each such document not produced specifically by its nature (e.g., letter, memorandum, etc.) together with the following information with respect to any such document withheld: Author(s); recipient(s); sender(s); indicated or blind copies; date; subject matter, basis for non- production; number of pages; and the paragraph(s) to which such document relates. If portion of an otherwise responsive document contains information that is subject to a claim of privilege, only those portions of the document subject to the claim of privilege shall be deleted or redacted from the document and the rest of the document shall be produced. In the event that any document called for has been destroyed, lost, discarded or otherwise disposed of, each document is to be identified as completely as possible, including, without limitation, the following information: Author(s); recipient(s); sender(s); subject matter; date prepared or received; date of disposal; person(s) currently in possession of the document; and person disposing of the document. All objections to any category of documents to be produced pursuant to this request or to any definition or instruction it contains shall be in writing and delivered to plaintiff's counsel at or before the time of production. Page 2)) 2) 3) 4) 5) 6) 7) 8) DEFINITIONS The term “communication” shall mean any transmission of information by any means, including, without limitation, by spoken language, electronic transmission of data or any other means. The term “communication” shall include, without limitation, any copies of written information received by the person or entity responding to this request, even if such person or entity is not the primary or direct addressee of such written information. The term “document” or “documents” is used in its broadest sense and includes, without limitation, drafts, documents whether printed, recorded, stored or reproduced by any mechanical or electronic process, or written or produced by hand, and including computer tapes (including backup tapes) and all other computer-related documents, within your possession, custody or control. “Documents” shall also include (1) each copy that is not identical to the original or to any other copy, and (2) any tangible thing that is called for by or identified in response to any request. “Document” as used herein shall be construed broadly to include all documents and things within the scope of the Florida Rules of Civil Procedure and refers to all writings or other graphic matter, as well as any other medium by which information is stored or recorded. It includes originals, drafts, copies an reproductions; and it includes, without limiting the generality of the forgoing, letters; memoranda; reports and/or summaries of investigations; police reports; accident reports; opinions or reports of consultants; diagrams; marginal comments appearing on any documents; accounts; telegrams; studies; lists of persons attending meetings or conferences; records of memoranda of telephone conversations; specifications; drawings; advertisements; circulars; trade letters; press releases; prints; recordings; positive or negative films, slides or photographs; magnetic, electronic or video tapes; computer tapes, cards or printouts, and all other things of like nature; and any and all containers, boxes or other receptacles or repositories housing or containing such “documents.” “Person” means a natural person, firm, association, partnership, corporation, or other firm of legal or business entity, public or private. The term “referring” or “relating” shall mean showing, disclosing, averting to, comprising, evidencing, constituting or reviewing. The term “representative” as used herein with regard to a person or entity means and includes each and every present and former director, officer, partner, employee, agent, independent consultant or expert or other person (including attorneys) acting or purporting to act on behalf of the person or entity. “Subject damages” means any property loss or damage for which the plaintiff contends that the defendant must pay under the terms and conditions of the subject insurance contract with the parties. The singular includes the plural and vice versa; the words “and” and “or” shall be both conjunctive; the word “all” means “any and all”; the word “any” means “any and all”; the word “including” means “including, without limitation.” All other words have their plain and ordinary meaning. Page 3) 2) 3) 4) 5) 6) PLAINTIFF’S FIRST SET OF INTERROGATORIES TO DEFENDANT. Please identify yourself fully by stating your full name, employment address and position and job that you hold with the Defendant. Please state benefits un Identify eac! the date that Defendant first received any notice for Plaintiff(s) concerning a claim for ler the Policy for property damages as described in the Complaint in the lawsuit. h document sent from Defendant to Plaintiff(s) in reference to the subject loss involved herein, including the date sent, the name of the individual who sent said communication. Identify eac! in reference date of each person who on behalf of Defendant inspected the property described in the complaint to the claim described in the Complaint including his or her field of expertise and the inspection. Identify any and all engineers on behalf of the Defendant who inspected the property in reference to the claim described in the Complaint including his or her field of expertise and the date of each inspection. Identify each written estimate of repair or replacement including the amount set forth in each said estimate, which has been provided to Defendant by Plaintiff(s) in reference to the claim described in the Complaint. Page 4D 8) 9) 10) Identify all persons (other than Defendant) believed or known by you, your agents or attorneys to have any knowledge concerning any of the issues raised by the pleadings, specifying the subject matter about which the witnesses have knowledge and state whether you have obtained any statements (oral, written and/or recorded) from any of said witnesses, list the dates any such witness statements were taken by whom any such witness statements were taken and who has present possession, custody and control of any such statements. Did the Defendant request Plaintiff to perform any post loss duties for the subject claim, including submitting to an examination under oath, to submit a sworn proof of loss, to conduct an inspection, etc. If your answer to the preceding interrogatory was “YES”, please state for each request: i) the exact request made ii) the date of the request iii) whether the request was written or oral iv) what did Plaintiff do in response to said request With reference of each of your affirmative defenses raised in the lawsuit, please describe each and every fact upon which you rely to substantiate such affirmative defense, including identification of all witnesses to each such fact. Page 511) Please identify all persons you intend to call as witnesses or for any evidentiary hearing of this matter and provide a brief summary of the witnesses expected to testify, including the topics on which witness is expected to testify. 12) Please identify each and every line item contained in the public adjusters estimate to the complaint that you do not agree should be included in the loss. 13) If you identified any line item as requested in the preceding interrogatory, please state for each line item: i.) specifically why said line item should not be included in the loss which is the subject of this law suit 14) Please identify any line item contained in the public adjusters estimate to the complaint that you believe is not properly priced. 15) If you identified any line item as requested in the preceding interrogatory, please state with specificity what you believe the correct pricing should be as per each identified line item. 16) Please state what estimating software you derive your pricing information from. 17) Please identify any line item contained in the public adjusters estimate to the complaint that you believe is not covered under the existing insurance policy that is the subject of this law suit. 18) If you identified any line item as requested in the preceding interrogatory, please state with specificity the policy language which specifically excludes the above mentioned line items. Page 6STATE OF FLORIDA ) COUNTY OF ) BEFORE ME, the undersigned officer, authorized by law to administer oaths and take acknowledgments, personally appeared ;who is personally known to me or produced sufficient identification of (type of identification) and after being by me duly sworn, deposes and says that the answers to the above and foregoing Plaintiff's First Set of Interrogatories to Defendant (Numbered 1 — 18) are true and correct to the best of his/her knowledge and belief. Affiant SWORN TO AND SUBSCRIBED before me this day of 2021. NOTARY PUBLIC, State of Florida Print, Type or Stamp Commissioned Name of Notary Page 7