Preview
Filing # 156937068 E-Filed 09/07/2022 03:59:58 PM
22-467/akr/bth
IN THE COUNTY COURT OF THE
NINETEENTH JUDICIAL CIRCUIT
IN AND FOR ST. LUCIE COUNTY, FLORIDA
CASE NO.: 22-CC-001535
JEREMIAH GIVINGS,
Plaintiff,
vs.
CITIZENS PROPERTY INSURANCE
CORPORATION,
Defendant.
______________________________/
DEFENDANT’S RESPONSE TO PLAINTIFF’S FIRST REQUEST FOR PRODUCTION
Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, by and through
undersigned counsel, hereby files this Response to the Request for Production filed by Plaintiffs
on June 24, 2022, by stating:
1. Copy of the insurance policy, certified as true and accurate as of the date of loss.
Response: Documents responsive to this Request and in Citizens’ possession
have been produced herewith.
2. Any and all correspondence between the Plaintiff, including persons acting on behalf of
Plaintiff, and the Insurance Company, including its agents, regarding the subject matter of the
instant litigation.
Response: Documents responsive to this Request and in Citizens’ possession
have been produced herewith.
~ this space intentionally left blank~
1
3. Any and all correspondence between the Insured, including persons acting on behalf of
Insured, and the Insurance Company, including its agents, regarding the subject matter of the
instant litigation.
Response: Documents responsive to this Request and in Citizens’ possession
have been produced herewith.
4. Any and all photographs or video reproductions of the insured property which is the
subject matter of this litigation.
Response: Objection; this Request seeks information which may be attorney-
client, work-product, or insurance claims privileged.
As it pertains to claim number 001-00-285236 & 001-00-285238,
see privileged log below.
PRIVILEGED LOG:
ITEM: DATED: AUTHOR: IN POSSESSION OF:
Notes on Citizens 11/18/2021 Brian Dail Citizens/RRBT
Photographs
As it pertains to claim number 001-00-287943, see privileged log
below.
PRIVILEGED LOG:
ITEM: DATED: AUTHOR: IN POSSESSION OF:
Notes on Citizens 12/13/2021 Brian Dail Citizens/RRBT
Photographs
Without waiver of said objection, all non-privileged documents
responsive to this Request and in Citizens’ possession have been
produced herewith.
5. Any and all statements, in whatever form or media, taken by the Insurance Company
regarding the loss which is the subject matter of this litigation.
Response: Citizens did not obtain any statements, for any of the three claims
asserted in Plaintiff’s Complaint.
2
6. Any and all statements, in whatever format or media, and transcripts of all statements,
given by the Insured and Plaintiff to the Insurance Company.
Response: Citizens did not obtain any statements, for any of three claims
asserted in Plaintiff’s Complaint.
7. Copies of any and all investigative reports by any person or organization regarding the
loss, made prior to the filing of the lawsuit.
Response: None for any of three claims asserted in Plaintiff’s Complaint.
8. Any and all expert reports pertaining to the cause of the subject loss.
Response: Objection; Discovery in this matter has just begun, and this matter
is not noticed for trial. Upon notice of this matter for trial, Citizens
will make the necessary disclosures to Plaintiff.
9. All inter-office memoranda or other form of written communication of any employee of
the Insurance Company relating to the continued processing of the insurance claim made prior to
the filing of the lawsuit.
Response: Objection; this Request seeks information which may be attorney-
client, work-product, or insurance claims privileged.
As it pertains to claim number 001-00-285236 & 001-00-285238,
see privileged log below.
PRIVILEGED LOG:
ITEM: DATED: AUTHOR: IN POSSESSION OF:
Citizens Claim Notes Various Various Citizens/RRBT
As it pertains to claim number 001-00-287943, see privileged log
below.
PRIVILEGED LOG:
ITEM: DATED: AUTHOR: IN POSSESSION OF:
Citizens Claim Notes Various Various Citizens/RRBT
Without waiver of said objection, all non-privileged documents
responsive to this Request and in Citizens’ possession have been
produced herewith.
3
10. Any materials, documents or tangible things provided to the Insurance Company or its
agents by the Insured and Plaintiff, or persons acting on behalf of Insured and Plaintiff, following
the loss.
Response: Documents responsive to this Request and in Citizens’ possession
have been produced herewith.
11. The underwriting file pertaining to the subject risk and the subject policy of insurance
to the present time, including but not limited to the file folder or file folders themselves, exhibit
folder, all papers, documents and investigative reports directly pertaining to the aforementioned
insurance policy of the subject risk, including but not limited to inter-office memoranda or those
pertaining to the above-mentioned policy of insurance or any and all written communications or
statements made between the Insurance Company and other parties, which directly pertain to the
subject policy of insurance to the Insured.
Response: Documents responsive to this Request and in Citizens’ possession
have been produced herewith.
12. Any materials, documents or tangible things obtained as the "agency file" or agent's
file.
Response: Objection; this Request seeks information which may be attorney-
client, work-product, or insurance claims privileged.
As it pertains to claim number 001-00-287943, see privileged log
below.
PRIVILEGE LOG
ITEM: DATED: AUTHOR: IN POSSESSION OF:
Citizens Claim Notes Various Citizens Adjusters Citizens/RRBT
Notes on Citizens 11/18/2021 Brian Dail Citizens/RRBT
Photographs
As it pertains to claim numbers: 001-00-287943, see Privilege Log
below:
PRIVILEGE LOG
ITEM: DATED: AUTHOR: IN POSSESSION OF:
Citizens Claim Notes Various Citizens Adjusters Citizens/RRBT
Citizens Non-Covered 1/3/2022 Brian Dail Citizens/RRBT
Estimate
4
Notes on Citizens 12/13/2021 Brian Dail Citizens/RRBT
Photographs
Without waiver of said objection, all non-privileged documents
responsive to this Request and in Citizens’ possession have been
produced herewith.
13. All appraisals of loss or value of loss prepared by, for, or on behalf of the Insurance
Company regarding the subject losses of the Insured.
Response: Objection; this Request seeks information which may be attorney-
client, work-product, or insurance claims privileged.
As it pertains to claim number 001-00-287943, see privileged log
below.
PRIVILEGED LOG:
ITEM: DATED: AUTHOR: IN POSSESSION OF:
Citizens Non-Covered 1/3/2022 Brian Dail Citizens/RRBT
Without waiver of said objection, all non-privileged documents
responsive to this Request and in Citizens’ possession have been
produced herewith.
14. All estimates of loss pertaining to real or personal property of the Insured.
Response: Objection; this Request seeks information which may be attorney-
client, work-product, or insurance claims privileged.
As it pertains to claim number 001-00-287943 see privileged log
below.
PRIVILEGED LOG:
ITEM: DATED: AUTHOR: IN POSSESSION OF:
Citizens Non-Covered 1/3/2022 Brian Dail Citizens/RRBT
Without waiver of said objection, all non-privileged documents
responsive to this Request and in Citizens’ possession have been
produced herewith.
5
15. Copies of any diagrams, models, drawings, sketches, blueprints or any other
reproduction of the subject risk made before or after the subject loss.
Response: Objection; this Request seeks information which may be attorney-
client, work-product, or insurance claims privileged.
As it pertains to claim number 001-00-287943, see privileged log
below.
PRIVILEGED LOG:
ITEM: DATED: AUTHOR: IN POSSESSION OF:
Citizens Non-Covered 1/3/2022 Brian Dail Citizens/RRBT
Estimate
Without waiver of said objection, all non-privileged documents
responsive to this Request and in Citizens’ possession have been
produced herewith.
16. Copies of any and all property claims manuals of the Insurance Company which in any
way pertain to the handling of property losses and any manuals or portions thereof which would
pertain to the methods, procedures and practices of the Insurance Company regarding the handling
of the Insured’s insurance claim with the Insurance Company.
Response: Objection as this Request seeks information, which is irrelevant,
immaterial, impertinent, and not reasonably calculated to lead to the
discovery of admissible evidence.
17. Copies of any and all Proof of Loss forms with supporting documents, if any.
Response: None for any of the claim asserted in Plaintiff’s Complaint.
~ this space intentionally left blank~
6
18. The complete claims file pertaining to the claims of the Insured from the date of the
loss to the closing or payment of the claim. 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.
Response: Objection. Citizens’ claim file and the materials contained therein
are not subject to production because this is a first-party action for
breach of contract brought only under the subject insurance policy,
therefore its contents are not relevant to the only issues involved,
coverage and damages. See Allstate Indemnity Co. v. Ruiz, 899
So.2d 1121 (Fla. 2005). The insured is seeking relief for an alleged
breach of contract rather than pursuing a claim for alleged bad faith,
therefore it is a departure from the essential requirements of law to
compel disclosure of the contents of an insurer’s claim file when the
issue of coverage is in dispute and has not been resolved. See
Homeowners Choice Property and Cas. Ins. Co. v. Avila, 248 So.
3d 180 (Fla. 3rd DCA 2018). Until the obligation of the insurer to
provide coverage and damages has been determined, a party is not
entitled to discovery related to the claims file. See State Farm v.
O’Hearn, 975 So.2d 633 (Fla. 2d DCA 2008), Homeowners Choice
Property v. Mahady, 284 So. 3d 582 (Fla. 4th DCA 2019), and State
Farm v. Tranchese, 49 So. 3d 809 (Fla. 4th DCA 2010). In addition,
the claim file and the materials contained therein constitute work
product and are protected from production. See Liberty Mutual v.
Kaufman, 885 So.2d 905 (Fla. 3d DCA 2004), Illinois National
Insurance Company v. Bolen, 997 So. 2d 1194 Fla. (5th DCA 2008),
and State Farm Florida Insurance Co. v Aloni, 101 So. 3d 412 (Fla.
4th DCA 2012).
As it pertains to claim numbers: 001-00-285236 & 001-00-285238,
see Privilege Log below.
PRIVILEGE LOG
ITEM: DATED: AUTHOR: IN POSSESSION OF:
Citizens Claim Notes Various Citizens Adjusters Citizens/RRBT
Notes on Citizens 11/18/2021 Brian Dail Citizens/RRBT
Photographs
As it pertains to claim numbers: 001-00-287943, see Privilege Log
below:
PRIVILEGE LOG
ITEM: DATED: AUTHOR: IN POSSESSION OF:
Citizens Claim Notes Various Citizens Adjusters Citizens/RRBT
7
Citizens Non-Covered 1/3/2022 Brian Dail Citizens/RRBT
Estimate
Notes on Citizens 12/13/2021 Brian Dail Citizens/RRBT
Photographs
Without waiver of said objection, all non-privileged documents
responsive to this Request and in Citizens’ possession have been
produced herewith.
19. Any and all inter-office memoranda or other forms of written communication of any
employee of the Insurance Company relating to the initial processing of the Insured’s insurance
claim when the Insurance Company first received said claim.
Response: Objection; this Request seeks information which may be attorney-
client, work-product, or insurance claims privileged.
As it pertains to claim number 001-00-285236 & 001-00-285238,
see privileged log below.
PRIVILEGED LOG:
ITEM: DATED: AUTHOR: IN POSSESSION OF:
Citizens Claim Notes Various Various Citizens/RRBT
As it pertains to claim number 001-00-287943, see privileged log
below.
PRIVILEGED LOG:
ITEM: DATED: AUTHOR: IN POSSESSION OF:
Citizens Claim Notes Various Various Citizens/RRBT
Without waiver of said objection, all non-privileged documents
responsive to this Request and in Citizens’ possession have been
produced herewith.
~ this space intentionally left blank~
8
20. Any and all written communication between the Insurance Company and any third
party concerning the processing of the Insured’s insurance claim.
Response: Objection; this Request seeks information which may be attorney-
client, work-product, or insurance claims privileged.
As it pertains to claim number 001-00-285236 & 001-00-285238,
see privileged log below.
PRIVILEGED LOG:
ITEM: DATED: AUTHOR: IN POSSESSION OF:
Citizens Claim Notes Various Various Citizens/RRBT
As it pertains to claim number 001-00-287943 see privileged log
below.
PRIVILEGED LOG:
ITEM: DATED: AUTHOR: IN POSSESSION OF:
Citizens Claim Notes Various Various Citizens/RRBT
Without waiver of said objection, all non-privileged documents
responsive to this Request and in Citizens’ possession have been
produced herewith.
21. All investigative reports concerning the Insured’s insurance claim and all written
communications between the Insurance Company and any third party concerning said report(s).
Response: Objection; this Request seeks information which may be attorney-
client, work-product, or insurance claims privileged.
As it pertains to claim number 001-00-285236 & 001-00-285238,
see privileged log below.
PRIVILEGED LOG:
ITEM: DATED: AUTHOR: IN POSSESSION OF:
Citizens Claim Notes Various Various Citizens/RRBT
As it pertains to claim number 001-00-287943 see privileged log
below.
PRIVILEGED LOG:
ITEM: DATED: AUTHOR: IN POSSESSION OF:
9
Citizens Claim Notes Various Various Citizens/RRBT
Without waiver of said objection, all non-privileged documents
responsive to this Request and in Citizens’ possession have been
produced herewith.
22. All inter-office memoranda or other form of written communication of any employee
of the Insurance Company concerning any portion of the Insured’s claim.
Response: Objection; this Request seeks information which may be attorney-
client, work-product, or insurance claims privileged.
As it pertains to claim number 001-00-285236 & 001-00-285238,
see privileged log below.
PRIVILEGED LOG:
ITEM: DATED: AUTHOR: IN POSSESSION OF:
Citizens Claim Notes Various Various Citizens/RRBT
As it pertains to claim number 001-00-287943 see privileged log
below.
PRIVILEGED LOG:
ITEM: DATED: AUTHOR: IN POSSESSION OF:
Citizens Claim Notes Various Various Citizens/RRBT
Without waiver of said objection, all non-privileged documents
responsive to this Request and in Citizens’ possession have been
produced herewith.
23. All investigative reports of the Insurance Company concerning the Insured, taken by
or on behalf of the Insurance Company, concerning any portion of Insured’s claim.
Response: Objection; this Request seeks information which may be attorney-
client, work-product, or insurance claims privileged.
As it pertains to claim number 001-00-285236 & 001-00-285238,
see privileged log below.
PRIVILEGED LOG:
ITEM: DATED: AUTHOR: IN POSSESSION OF:
10
Citizens Claim Notes Various Various Citizens/RRBT
As it pertains to claim number 001-00-287943 see privileged log
below.
PRIVILEGED LOG:
ITEM: DATED: AUTHOR: IN POSSESSION OF:
Citizens Claim Notes Various Various Citizens/RRBT
Without waiver of said objection, all non-privileged documents
responsive to this Request and in Citizens’ possession have been
produced herewith.
24. Any and all property underwriting manuals which, in any way, pertain to methods,
rules, processes, procedures or practices of the Insurance Company regarding underwriting of
Insured’s insurance.
Response: Objection as this Request seeks information, which is irrelevant,
immaterial, impertinent, and not reasonably calculated to lead to the
discovery of admissible evidence.
25. Any and all materials received from the Insured or Plaintiff, or persons acting on behalf
of Insured or Plaintiff, regarding the subject matter of the instant litigation that has not been
produced in response to any other Request to Produce from Plaintiff.
Response: Documents responsive to this Request and in Citizens’ possession
have been produced herewith.
26. Copies of all payments, in whatever form or media, made to or on behalf of Insured.
Response: Documents responsive to this Request and in Citizens’ possession
have been produced herewith.
~ this space intentionally left blank~
11
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy hereof has been furnished by e-service
to all parties on the attached Counsel List this 7th day of September, 2022.
ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC
470 Columbia Dr., Bldg. C101
West Palm Beach, FL 33409
Phone: 561-688-6560/Fax: 561-688-2343
E-Service: service LHR@rrbpa.com
Email: lreynolds@rrbpa.com
Counsel for Defendant Citizens
s/Lyman H. Reynolds Jr., Esq.
LYMAN H. REYNOLDS, JR.
Florida Bar No: 380687
12
STYLE: GIVINGS v. CITIZENS PROPERTY INS. CORP.
CASE NO.: 22-CC-001535
OUR FILE NO.: 22-467
COUNSEL LIST
MATTHEW I. BERNSTEIN, ESQ.
Bernstein Law Firm, LLC
500 S. Australian Ave., Suite 500
West Palm Beach, Florida 33401
Counsel for Plaintiff
PHONE: 561-689-5100
E-SERVICE: matt@bernsteinfl.com
eservice@bernsteinfl.com
EMAIL: matt@bernsteinfl.com
eservice@bernsteinfl.com
FBN: 55418
LYMAN H. REYNOLDS, JR., ESQ.
Roberts, Reynolds, Bedard & Tuzzio, PLLC
470 Columbia Dr., Bldg. C101
West Palm Beach, FL 33409
Counsel for Defendant Citizens
PHONE: 561-688-6560
FAX: 561-688-6560
E-SERVICE: service LHR@rrbpa.com
EMAIL: lreynolds@rrbpa.com
bsmith@rrbpa.com
cstephenson@rrbpa.com
llewis@rrbpa.com
FBN: 380687
13
Preview
Filing # 156937068 E-Filed 09/07/2022 03:59:58 PM 22-467/akr/bth IN THE COUNTY COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR ST. LUCIE COUNTY, FLORIDA CASE NO.: 22-CC-001535 JEREMIAH GIVINGS, Plaintiff, vs. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. ______________________________/ DEFENDANT’S RESPONSE TO PLAINTIFF’S FIRST REQUEST FOR PRODUCTION Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, by and through undersigned counsel, hereby files this Response to the Request for Production filed by Plaintiffs on June 24, 2022, by stating: 1. Copy of the insurance policy, certified as true and accurate as of the date of loss. Response: Documents responsive to this Request and in Citizens’ possession have been produced herewith. 2. Any and all correspondence between the Plaintiff, including persons acting on behalf of Plaintiff, and the Insurance Company, including its agents, regarding the subject matter of the instant litigation. Response: Documents responsive to this Request and in Citizens’ possession have been produced herewith. ~ this space intentionally left blank~ 1 3. Any and all correspondence between the Insured, including persons acting on behalf of Insured, and the Insurance Company, including its agents, regarding the subject matter of the instant litigation. Response: Documents responsive to this Request and in Citizens’ possession have been produced herewith. 4. Any and all photographs or video reproductions of the insured property which is the subject matter of this litigation. Response: Objection; this Request seeks information which may be attorney- client, work-product, or insurance claims privileged. As it pertains to claim number 001-00-285236 & 001-00-285238, see privileged log below. PRIVILEGED LOG: ITEM: DATED: AUTHOR: IN POSSESSION OF: Notes on Citizens 11/18/2021 Brian Dail Citizens/RRBT Photographs As it pertains to claim number 001-00-287943, see privileged log below. PRIVILEGED LOG: ITEM: DATED: AUTHOR: IN POSSESSION OF: Notes on Citizens 12/13/2021 Brian Dail Citizens/RRBT Photographs Without waiver of said objection, all non-privileged documents responsive to this Request and in Citizens’ possession have been produced herewith. 5. Any and all statements, in whatever form or media, taken by the Insurance Company regarding the loss which is the subject matter of this litigation. Response: Citizens did not obtain any statements, for any of the three claims asserted in Plaintiff’s Complaint. 2 6. Any and all statements, in whatever format or media, and transcripts of all statements, given by the Insured and Plaintiff to the Insurance Company. Response: Citizens did not obtain any statements, for any of three claims asserted in Plaintiff’s Complaint. 7. Copies of any and all investigative reports by any person or organization regarding the loss, made prior to the filing of the lawsuit. Response: None for any of three claims asserted in Plaintiff’s Complaint. 8. Any and all expert reports pertaining to the cause of the subject loss. Response: Objection; Discovery in this matter has just begun, and this matter is not noticed for trial. Upon notice of this matter for trial, Citizens will make the necessary disclosures to Plaintiff. 9. All inter-office memoranda or other form of written communication of any employee of the Insurance Company relating to the continued processing of the insurance claim made prior to the filing of the lawsuit. Response: Objection; this Request seeks information which may be attorney- client, work-product, or insurance claims privileged. As it pertains to claim number 001-00-285236 & 001-00-285238, see privileged log below. PRIVILEGED LOG: ITEM: DATED: AUTHOR: IN POSSESSION OF: Citizens Claim Notes Various Various Citizens/RRBT As it pertains to claim number 001-00-287943, see privileged log below. PRIVILEGED LOG: ITEM: DATED: AUTHOR: IN POSSESSION OF: Citizens Claim Notes Various Various Citizens/RRBT Without waiver of said objection, all non-privileged documents responsive to this Request and in Citizens’ possession have been produced herewith. 3 10. Any materials, documents or tangible things provided to the Insurance Company or its agents by the Insured and Plaintiff, or persons acting on behalf of Insured and Plaintiff, following the loss. Response: Documents responsive to this Request and in Citizens’ possession have been produced herewith. 11. The underwriting file pertaining to the subject risk and the subject policy of insurance to the present time, including but not limited to the file folder or file folders themselves, exhibit folder, all papers, documents and investigative reports directly pertaining to the aforementioned insurance policy of the subject risk, including but not limited to inter-office memoranda or those pertaining to the above-mentioned policy of insurance or any and all written communications or statements made between the Insurance Company and other parties, which directly pertain to the subject policy of insurance to the Insured. Response: Documents responsive to this Request and in Citizens’ possession have been produced herewith. 12. Any materials, documents or tangible things obtained as the "agency file" or agent's file. Response: Objection; this Request seeks information which may be attorney- client, work-product, or insurance claims privileged. As it pertains to claim number 001-00-287943, see privileged log below. PRIVILEGE LOG ITEM: DATED: AUTHOR: IN POSSESSION OF: Citizens Claim Notes Various Citizens Adjusters Citizens/RRBT Notes on Citizens 11/18/2021 Brian Dail Citizens/RRBT Photographs As it pertains to claim numbers: 001-00-287943, see Privilege Log below: PRIVILEGE LOG ITEM: DATED: AUTHOR: IN POSSESSION OF: Citizens Claim Notes Various Citizens Adjusters Citizens/RRBT Citizens Non-Covered 1/3/2022 Brian Dail Citizens/RRBT Estimate 4 Notes on Citizens 12/13/2021 Brian Dail Citizens/RRBT Photographs Without waiver of said objection, all non-privileged documents responsive to this Request and in Citizens’ possession have been produced herewith. 13. All appraisals of loss or value of loss prepared by, for, or on behalf of the Insurance Company regarding the subject losses of the Insured. Response: Objection; this Request seeks information which may be attorney- client, work-product, or insurance claims privileged. As it pertains to claim number 001-00-287943, see privileged log below. PRIVILEGED LOG: ITEM: DATED: AUTHOR: IN POSSESSION OF: Citizens Non-Covered 1/3/2022 Brian Dail Citizens/RRBT Without waiver of said objection, all non-privileged documents responsive to this Request and in Citizens’ possession have been produced herewith. 14. All estimates of loss pertaining to real or personal property of the Insured. Response: Objection; this Request seeks information which may be attorney- client, work-product, or insurance claims privileged. As it pertains to claim number 001-00-287943 see privileged log below. PRIVILEGED LOG: ITEM: DATED: AUTHOR: IN POSSESSION OF: Citizens Non-Covered 1/3/2022 Brian Dail Citizens/RRBT Without waiver of said objection, all non-privileged documents responsive to this Request and in Citizens’ possession have been produced herewith. 5 15. Copies of any diagrams, models, drawings, sketches, blueprints or any other reproduction of the subject risk made before or after the subject loss. Response: Objection; this Request seeks information which may be attorney- client, work-product, or insurance claims privileged. As it pertains to claim number 001-00-287943, see privileged log below. PRIVILEGED LOG: ITEM: DATED: AUTHOR: IN POSSESSION OF: Citizens Non-Covered 1/3/2022 Brian Dail Citizens/RRBT Estimate Without waiver of said objection, all non-privileged documents responsive to this Request and in Citizens’ possession have been produced herewith. 16. Copies of any and all property claims manuals of the Insurance Company which in any way pertain to the handling of property losses and any manuals or portions thereof which would pertain to the methods, procedures and practices of the Insurance Company regarding the handling of the Insured’s insurance claim with the Insurance Company. Response: Objection as this Request seeks information, which is irrelevant, immaterial, impertinent, and not reasonably calculated to lead to the discovery of admissible evidence. 17. Copies of any and all Proof of Loss forms with supporting documents, if any. Response: None for any of the claim asserted in Plaintiff’s Complaint. ~ this space intentionally left blank~ 6 18. The complete claims file pertaining to the claims of the Insured from the date of the loss to the closing or payment of the claim. 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. Response: Objection. Citizens’ claim file and the materials contained therein are not subject to production because this is a first-party action for breach of contract brought only under the subject insurance policy, therefore its contents are not relevant to the only issues involved, coverage and damages. See Allstate Indemnity Co. v. Ruiz, 899 So.2d 1121 (Fla. 2005). The insured is seeking relief for an alleged breach of contract rather than pursuing a claim for alleged bad faith, therefore it is a departure from the essential requirements of law to compel disclosure of the contents of an insurer’s claim file when the issue of coverage is in dispute and has not been resolved. See Homeowners Choice Property and Cas. Ins. Co. v. Avila, 248 So. 3d 180 (Fla. 3rd DCA 2018). Until the obligation of the insurer to provide coverage and damages has been determined, a party is not entitled to discovery related to the claims file. See State Farm v. O’Hearn, 975 So.2d 633 (Fla. 2d DCA 2008), Homeowners Choice Property v. Mahady, 284 So. 3d 582 (Fla. 4th DCA 2019), and State Farm v. Tranchese, 49 So. 3d 809 (Fla. 4th DCA 2010). In addition, the claim file and the materials contained therein constitute work product and are protected from production. See Liberty Mutual v. Kaufman, 885 So.2d 905 (Fla. 3d DCA 2004), Illinois National Insurance Company v. Bolen, 997 So. 2d 1194 Fla. (5th DCA 2008), and State Farm Florida Insurance Co. v Aloni, 101 So. 3d 412 (Fla. 4th DCA 2012). As it pertains to claim numbers: 001-00-285236 & 001-00-285238, see Privilege Log below. PRIVILEGE LOG ITEM: DATED: AUTHOR: IN POSSESSION OF: Citizens Claim Notes Various Citizens Adjusters Citizens/RRBT Notes on Citizens 11/18/2021 Brian Dail Citizens/RRBT Photographs As it pertains to claim numbers: 001-00-287943, see Privilege Log below: PRIVILEGE LOG ITEM: DATED: AUTHOR: IN POSSESSION OF: Citizens Claim Notes Various Citizens Adjusters Citizens/RRBT 7 Citizens Non-Covered 1/3/2022 Brian Dail Citizens/RRBT Estimate Notes on Citizens 12/13/2021 Brian Dail Citizens/RRBT Photographs Without waiver of said objection, all non-privileged documents responsive to this Request and in Citizens’ possession have been produced herewith. 19. Any and all inter-office memoranda or other forms of written communication of any employee of the Insurance Company relating to the initial processing of the Insured’s insurance claim when the Insurance Company first received said claim. Response: Objection; this Request seeks information which may be attorney- client, work-product, or insurance claims privileged. As it pertains to claim number 001-00-285236 & 001-00-285238, see privileged log below. PRIVILEGED LOG: ITEM: DATED: AUTHOR: IN POSSESSION OF: Citizens Claim Notes Various Various Citizens/RRBT As it pertains to claim number 001-00-287943, see privileged log below. PRIVILEGED LOG: ITEM: DATED: AUTHOR: IN POSSESSION OF: Citizens Claim Notes Various Various Citizens/RRBT Without waiver of said objection, all non-privileged documents responsive to this Request and in Citizens’ possession have been produced herewith. ~ this space intentionally left blank~ 8 20. Any and all written communication between the Insurance Company and any third party concerning the processing of the Insured’s insurance claim. Response: Objection; this Request seeks information which may be attorney- client, work-product, or insurance claims privileged. As it pertains to claim number 001-00-285236 & 001-00-285238, see privileged log below. PRIVILEGED LOG: ITEM: DATED: AUTHOR: IN POSSESSION OF: Citizens Claim Notes Various Various Citizens/RRBT As it pertains to claim number 001-00-287943 see privileged log below. PRIVILEGED LOG: ITEM: DATED: AUTHOR: IN POSSESSION OF: Citizens Claim Notes Various Various Citizens/RRBT Without waiver of said objection, all non-privileged documents responsive to this Request and in Citizens’ possession have been produced herewith. 21. All investigative reports concerning the Insured’s insurance claim and all written communications between the Insurance Company and any third party concerning said report(s). Response: Objection; this Request seeks information which may be attorney- client, work-product, or insurance claims privileged. As it pertains to claim number 001-00-285236 & 001-00-285238, see privileged log below. PRIVILEGED LOG: ITEM: DATED: AUTHOR: IN POSSESSION OF: Citizens Claim Notes Various Various Citizens/RRBT As it pertains to claim number 001-00-287943 see privileged log below. PRIVILEGED LOG: ITEM: DATED: AUTHOR: IN POSSESSION OF: 9 Citizens Claim Notes Various Various Citizens/RRBT Without waiver of said objection, all non-privileged documents responsive to this Request and in Citizens’ possession have been produced herewith. 22. All inter-office memoranda or other form of written communication of any employee of the Insurance Company concerning any portion of the Insured’s claim. Response: Objection; this Request seeks information which may be attorney- client, work-product, or insurance claims privileged. As it pertains to claim number 001-00-285236 & 001-00-285238, see privileged log below. PRIVILEGED LOG: ITEM: DATED: AUTHOR: IN POSSESSION OF: Citizens Claim Notes Various Various Citizens/RRBT As it pertains to claim number 001-00-287943 see privileged log below. PRIVILEGED LOG: ITEM: DATED: AUTHOR: IN POSSESSION OF: Citizens Claim Notes Various Various Citizens/RRBT Without waiver of said objection, all non-privileged documents responsive to this Request and in Citizens’ possession have been produced herewith. 23. All investigative reports of the Insurance Company concerning the Insured, taken by or on behalf of the Insurance Company, concerning any portion of Insured’s claim. Response: Objection; this Request seeks information which may be attorney- client, work-product, or insurance claims privileged. As it pertains to claim number 001-00-285236 & 001-00-285238, see privileged log below. PRIVILEGED LOG: ITEM: DATED: AUTHOR: IN POSSESSION OF: 10 Citizens Claim Notes Various Various Citizens/RRBT As it pertains to claim number 001-00-287943 see privileged log below. PRIVILEGED LOG: ITEM: DATED: AUTHOR: IN POSSESSION OF: Citizens Claim Notes Various Various Citizens/RRBT Without waiver of said objection, all non-privileged documents responsive to this Request and in Citizens’ possession have been produced herewith. 24. Any and all property underwriting manuals which, in any way, pertain to methods, rules, processes, procedures or practices of the Insurance Company regarding underwriting of Insured’s insurance. Response: Objection as this Request seeks information, which is irrelevant, immaterial, impertinent, and not reasonably calculated to lead to the discovery of admissible evidence. 25. Any and all materials received from the Insured or Plaintiff, or persons acting on behalf of Insured or Plaintiff, regarding the subject matter of the instant litigation that has not been produced in response to any other Request to Produce from Plaintiff. Response: Documents responsive to this Request and in Citizens’ possession have been produced herewith. 26. Copies of all payments, in whatever form or media, made to or on behalf of Insured. Response: Documents responsive to this Request and in Citizens’ possession have been produced herewith. ~ this space intentionally left blank~ 11 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy hereof has been furnished by e-service to all parties on the attached Counsel List this 7th day of September, 2022. ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Dr., Bldg. C101 West Palm Beach, FL 33409 Phone: 561-688-6560/Fax: 561-688-2343 E-Service: service LHR@rrbpa.com Email: lreynolds@rrbpa.com Counsel for Defendant Citizens s/Lyman H. Reynolds Jr., Esq. LYMAN H. REYNOLDS, JR. Florida Bar No: 380687 12 STYLE: GIVINGS v. CITIZENS PROPERTY INS. CORP. CASE NO.: 22-CC-001535 OUR FILE NO.: 22-467 COUNSEL LIST MATTHEW I. BERNSTEIN, ESQ. Bernstein Law Firm, LLC 500 S. Australian Ave., Suite 500 West Palm Beach, Florida 33401 Counsel for Plaintiff PHONE: 561-689-5100 E-SERVICE: matt@bernsteinfl.com eservice@bernsteinfl.com EMAIL: matt@bernsteinfl.com eservice@bernsteinfl.com FBN: 55418 LYMAN H. REYNOLDS, JR., ESQ. Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Dr., Bldg. C101 West Palm Beach, FL 33409 Counsel for Defendant Citizens PHONE: 561-688-6560 FAX: 561-688-6560 E-SERVICE: service LHR@rrbpa.com EMAIL: lreynolds@rrbpa.com bsmith@rrbpa.com cstephenson@rrbpa.com llewis@rrbpa.com FBN: 380687 13