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Filing # 163854904 E-Filed 12/29/2022 06:06:47 PM
IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT
IN AND FOR BREVARD COUNTY, FLORIDA
JAMES COLLINS and MARY COLLINS,
CASE NO.:
DIV:
Plaintiffs,
vs.
FIRST PROTECTIVE INSURANCE COMPANY
d/b/a FRONTLINE INSURANCE,
Defendant.
PLAINTIFFS’ REQUEST FOR PRODUCTION TO DEFENDANT
Plaintiffs, JAMES COLLINS and MARY COLLINS, by and through the undersigned
counsel, and pursuant to Rule 1.350 of the Florida Rules of Civil Procedure, propound this Request
for Production to Defendant, FIRST PROTECTIVE INSURANCE COMPANY d/b/a
FRONTLINE ISURANCE, to produce the items and materials hereinafter set forth on or before
the applicable time prescribed by said rule for inspection and/or copying at the office of the
undersigned attomey, the following items and/or documents:
DEFINITIONS
a. “Plaintiffs” or “Insureds” means JAMES COLLINS and MARY COLLINS, their
agents and/or representatives.
b. “Defendant” or “Defendants” or “You” and “Your” mean Defendant, FIRST
PROTECTIVE INSURANCE COMPANY d/b/a FRONTLINE INSURANCE, individually, or
any representatives or agents authorized to act on their behalf.
c. “Insured Property” means the property located at 4285 Turtle Mound Road,
Melbourne, Florida 32934.
d. “The Policy” means the insurance policy, Policy No. FPH3-000177682 issued by
Defendant, covering the Insured Property.
Filing 163854904 VS 05-2022-CA-058194-XXXX-XXe. “Document” or “documents” mean any and all information in tangible form and
shall include, without limiting the generality of the foregoing, all letters, telegrams, telexes,
teletypes, correspondence, contracts, drafts, agreements, notes to file, reports, memoranda,
mechanical or electronic recordings or transcripts of such recordings, blueprints, flow sheets,
calendar or diary entries, memoranda of telephone or personal conversations, memoranda of
meetings or conferences, studies, reports, inter-office and intra-office communications, quotations,
offers, inquiries, bulletins, circulars, statements, manuals, summaries, newsletters, compilations,
maps, etc.
f. “Communication” means the transmission, sharing or exchange of information or
knowledge in any form, by one with another.
g. “Person” means any individual, corporation, partnership, joint venture, group,
association, governmental agency, unit or other organization.
h. To “identify a document” shall mean to state with respect thereto:
1. The identity of the person who prepared it;
2. The identity of the person who signed it or in whose name it was issued;
3. The identity of each person whom it was addressed or distributed;
4. The nature or substance of the document with sufficient particularity to enable it
to be identified;
5. Its date, and if it bears no date, the date when it was prepared; and
6. The physical location of the document and the custodian or custodians thereof.
i. To “identify a person” with reference to a natural person means to give his name,
his last known address and if employed, the name and address of his employer and his job
title or position. To identify a person who is not an individual, means to state the name
and principle office of such person.
DOCUMENTS TO BE PRODUCED
1. Any and all estimates, reports and/or payments issued by Defendant and/or its
representatives to Plaintiffs and/or their representatives regarding any and all insurance
claims made within the last five (5) years.
2. Any and all correspondence between Plaintiffs, including persons acting on behalf of
Plaintiffs, and the Defendant, including its agents, regarding the subject matter of the
instant litigation.
3. Any and all photographs or video reproductions of the insured property whether taken
before or after the loss which is subject matter of this litigation (PLEASE PRODUCE
Filing 163854904 VS 05-2022-CA-058194-XXXX-XXCOLOR PHOTOGRAPHS IN RESPONSE TO THIS REQUEST).
4. Any and all statements, in whatever form or media, and transcripts of all statements given
by Plaintiffs to Defendant.
5. Any and all statements, in whatever form or media, taken by Defendant regarding the loss
which is the subject matter of this litigation.
6. Copies of any and all investigative reports by any person or organization regarding the loss,
made prior to the filing of the lawsuit.
7. Any and all experts’ reports pertaining to the cause of the subject loss.
8. Any materials, documents or tangible things provided to Defendant or its agents by
Plaintiffs, or persons acting on behalf of Plaintiffs, following the loss.
9. Any and all photographs or inspection reports of the insured property within Defendant’s
underwriting file or that were obtained as part of the issuance and//or renewal of the policy
of insurance.
0. Any materials, documents or tangible things obtained as the “agency file” or agent’s file.
1. Allappraisals of loss or value of loss prepared by, for, or on behalf of Defendant regarding
the subject losses of Plaintiffs.
2. All estimates of loss pertaining to real or personal property of Plaintiffs.
3. Copies of any diagrams, models, drawings, sketches, blueprints or any other reproduction
of the subject risk made before or after the subject loss.
4. Copies of any and all Proof of Loss forms with supporting documents, if any.
5. The complete claims file pertaining to the claims of Plaintiffs from the date of the loss to
the time of the filing of the lawsuit. If any portion of the claims file is withheld under a
claim of privilege, produce a detailed privilege log containing sufficient information
to identify each document or item withheld and the privilege claimed with respect to
each document or item withheld.
16. — Any and all written communication between Defendant and any third-party concerning
Plaintiffs’ claim.
17. All investigative reports concerning Plaintiffs’ claim and all written communications
between Defendant and any third party concerning said report(s).
18. All investigative reports of Defendant concerning Plaintiffs, taken by or on behalf of
Defendant, concerning any portion of Plaintiffs’ claim.
19. Any and all materials received from Plaintiffs, or persons acting on behalf of Plaintiffs,
regarding the subject matter of the instant litigation that has not been produced in response
Filing 163854904 VS 05-2022-CA-058194-XXXX-XX20.
21.
22.
23.
to any other Request to Produce from Plaintiffs.
Copy of the insurance policy, certified as true and accurate as of the date of loss.
Copies of all payments, in whatever form or media, made to or on behalf of Plaintiffs.
Any and all photographs of the alleged damaged property taken as part of the investigation
into or evaluation of claim number 01000055501. (PLEASE PRODUCE COLOR
PHOTOGRAPHS IN RESPONSE TO THIS REQUEST)
Those documents which Defendant contends constitute an evidentiary basis to support each
of its Affirmative Defenses.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing Request for
Production has been served contemporaneously with Plaintiffs’ Complaint.
Filing 163854904
/s/ Christopher B. Fauntleroy
CHRISTOPHER B. FAUNTLEROY
Florida Bar No.: 0126442
JACQUELYN R. SATMARY
Florida Bar No.: 0119601
Attorneys for Plaintiffs
Fauntleroy & Satmary, P.A.
100 S Ashley Drive, Suite 600
Tampa, Florida 33602
Tel. No.: 813-320-0550
Fax. No.: 813-200-8410
E -Service: cfauntleroy@fsatlaw.com,
jsatmary@fsatlaw.com
efile@fsatlaw.com
VS 05-2022-CA-058194-XXXX-XX
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Filing # 163854904 E-Filed 12/29/2022 06:06:47 PM IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA JAMES COLLINS and MARY COLLINS, CASE NO.: DIV: Plaintiffs, vs. FIRST PROTECTIVE INSURANCE COMPANY d/b/a FRONTLINE INSURANCE, Defendant. PLAINTIFFS’ REQUEST FOR PRODUCTION TO DEFENDANT Plaintiffs, JAMES COLLINS and MARY COLLINS, by and through the undersigned counsel, and pursuant to Rule 1.350 of the Florida Rules of Civil Procedure, propound this Request for Production to Defendant, FIRST PROTECTIVE INSURANCE COMPANY d/b/a FRONTLINE ISURANCE, to produce the items and materials hereinafter set forth on or before the applicable time prescribed by said rule for inspection and/or copying at the office of the undersigned attomey, the following items and/or documents: DEFINITIONS a. “Plaintiffs” or “Insureds” means JAMES COLLINS and MARY COLLINS, their agents and/or representatives. b. “Defendant” or “Defendants” or “You” and “Your” mean Defendant, FIRST PROTECTIVE INSURANCE COMPANY d/b/a FRONTLINE INSURANCE, individually, or any representatives or agents authorized to act on their behalf. c. “Insured Property” means the property located at 4285 Turtle Mound Road, Melbourne, Florida 32934. d. “The Policy” means the insurance policy, Policy No. FPH3-000177682 issued by Defendant, covering the Insured Property. Filing 163854904 VS 05-2022-CA-058194-XXXX-XXe. “Document” or “documents” mean any and all information in tangible form and shall include, without limiting the generality of the foregoing, all letters, telegrams, telexes, teletypes, correspondence, contracts, drafts, agreements, notes to file, reports, memoranda, mechanical or electronic recordings or transcripts of such recordings, blueprints, flow sheets, calendar or diary entries, memoranda of telephone or personal conversations, memoranda of meetings or conferences, studies, reports, inter-office and intra-office communications, quotations, offers, inquiries, bulletins, circulars, statements, manuals, summaries, newsletters, compilations, maps, etc. f. “Communication” means the transmission, sharing or exchange of information or knowledge in any form, by one with another. g. “Person” means any individual, corporation, partnership, joint venture, group, association, governmental agency, unit or other organization. h. To “identify a document” shall mean to state with respect thereto: 1. The identity of the person who prepared it; 2. The identity of the person who signed it or in whose name it was issued; 3. The identity of each person whom it was addressed or distributed; 4. The nature or substance of the document with sufficient particularity to enable it to be identified; 5. Its date, and if it bears no date, the date when it was prepared; and 6. The physical location of the document and the custodian or custodians thereof. i. To “identify a person” with reference to a natural person means to give his name, his last known address and if employed, the name and address of his employer and his job title or position. To identify a person who is not an individual, means to state the name and principle office of such person. DOCUMENTS TO BE PRODUCED 1. Any and all estimates, reports and/or payments issued by Defendant and/or its representatives to Plaintiffs and/or their representatives regarding any and all insurance claims made within the last five (5) years. 2. Any and all correspondence between Plaintiffs, including persons acting on behalf of Plaintiffs, and the Defendant, including its agents, regarding the subject matter of the instant litigation. 3. Any and all photographs or video reproductions of the insured property whether taken before or after the loss which is subject matter of this litigation (PLEASE PRODUCE Filing 163854904 VS 05-2022-CA-058194-XXXX-XXCOLOR PHOTOGRAPHS IN RESPONSE TO THIS REQUEST). 4. Any and all statements, in whatever form or media, and transcripts of all statements given by Plaintiffs to Defendant. 5. Any and all statements, in whatever form or media, taken by Defendant regarding the loss which is the subject matter of this litigation. 6. Copies of any and all investigative reports by any person or organization regarding the loss, made prior to the filing of the lawsuit. 7. Any and all experts’ reports pertaining to the cause of the subject loss. 8. Any materials, documents or tangible things provided to Defendant or its agents by Plaintiffs, or persons acting on behalf of Plaintiffs, following the loss. 9. Any and all photographs or inspection reports of the insured property within Defendant’s underwriting file or that were obtained as part of the issuance and//or renewal of the policy of insurance. 0. Any materials, documents or tangible things obtained as the “agency file” or agent’s file. 1. Allappraisals of loss or value of loss prepared by, for, or on behalf of Defendant regarding the subject losses of Plaintiffs. 2. All estimates of loss pertaining to real or personal property of Plaintiffs. 3. Copies of any diagrams, models, drawings, sketches, blueprints or any other reproduction of the subject risk made before or after the subject loss. 4. Copies of any and all Proof of Loss forms with supporting documents, if any. 5. The complete claims file pertaining to the claims of Plaintiffs from the date of the loss to the time of the filing of the lawsuit. If any portion of the claims file is withheld under a claim of privilege, produce a detailed privilege log containing sufficient information to identify each document or item withheld and the privilege claimed with respect to each document or item withheld. 16. — Any and all written communication between Defendant and any third-party concerning Plaintiffs’ claim. 17. All investigative reports concerning Plaintiffs’ claim and all written communications between Defendant and any third party concerning said report(s). 18. All investigative reports of Defendant concerning Plaintiffs, taken by or on behalf of Defendant, concerning any portion of Plaintiffs’ claim. 19. Any and all materials received from Plaintiffs, or persons acting on behalf of Plaintiffs, regarding the subject matter of the instant litigation that has not been produced in response Filing 163854904 VS 05-2022-CA-058194-XXXX-XX20. 21. 22. 23. to any other Request to Produce from Plaintiffs. Copy of the insurance policy, certified as true and accurate as of the date of loss. Copies of all payments, in whatever form or media, made to or on behalf of Plaintiffs. Any and all photographs of the alleged damaged property taken as part of the investigation into or evaluation of claim number 01000055501. (PLEASE PRODUCE COLOR PHOTOGRAPHS IN RESPONSE TO THIS REQUEST) Those documents which Defendant contends constitute an evidentiary basis to support each of its Affirmative Defenses. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing Request for Production has been served contemporaneously with Plaintiffs’ Complaint. Filing 163854904 /s/ Christopher B. Fauntleroy CHRISTOPHER B. FAUNTLEROY Florida Bar No.: 0126442 JACQUELYN R. SATMARY Florida Bar No.: 0119601 Attorneys for Plaintiffs Fauntleroy & Satmary, P.A. 100 S Ashley Drive, Suite 600 Tampa, Florida 33602 Tel. No.: 813-320-0550 Fax. No.: 813-200-8410 E -Service: cfauntleroy@fsatlaw.com, jsatmary@fsatlaw.com efile@fsatlaw.com VS 05-2022-CA-058194-XXXX-XX