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Filing # 151968778 E-Filed 06/22/2022 12:38:11 PM
IN THE COUNTY COURT OF THE 19TH JUDICIAL CIRCUIT
IN AND FOR ST. LUCIE COUNTY, FLORIDA
CASE NO.:
JEREMIAH GIVINGS,
PLAINTIFF,
vs.
CITIZENS PROPERTY INSURANCE
CORPORATION,
DEFENDANT.
________________________________/
PLAINITFF’S REQUEST TO PRODUCE TO DEFENDANT
PLAINTIFF, JEREMIAH GIVINGS, by and through undersigned counsel, requests the
DEFENDANT, CITIZENS PROPERTY INSURANCE CORPORATION, to produce for
inspection and copying the following documents, at the offices of the undersigned, or in the
alternative, that Defendant mail copies of the same to the undersigned within the time prescribed
by the Florida Rules of Civil Procedure.
DEFINITION OF TERMS
As used in this Request for Production, the following terms and definitions are intended
to apply:
A. As used herein the term “Plaintiff” or “Plaintiffs” means Plaintiff, JEREMIAH
GIVINGS.
B. As used herein the term “Insured” or “Insureds” means Insured, JEREMIAH
GIVINGS.
C. As used herein the term, “Insurance Company,” means Defendant, CITIZENS
PROPERTY INSURANCE CORPORATION, including all of its past and present affiliates,
subsidiaries, and parent, and all their respective officers, directors, shareholders, partners,
BERNSTEIN LAW FIRM, LLC, 500 S. AUSTRALIAN AVE., SUITE 500, WEST PALM BEACH, FL 33401
employees, agents, representatives, attorneys, and any other person acting or purporting to act on
any of their behalf.
D. When used herein "you" or "your" shall mean CITIZENS PROPERTY
INSURANCE CORPORATION, its partners, agents, servants, employees, attorneys, expert
witnesses, accountants, auditors and all persons over whom it has control or who have been hired,
retained or employed for any purpose by it, whether directly by it or through any other person or
entity.
E. As used herein the term "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 or 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. As used herein "communication" means the transmission, sharing or exchange of
information or knowledge in any form, by one with another.
G. As used herein the term "person" means any individual, corporation, partnership,
joint venture, group, association, body politic, government agency, unit or other organization.
H. To "identify a document" shall mean to state with respect thereto:
a. The identity of the person who prepared it;
b. The identity of the person who signed it or in whose name it was issued;
c. The identity of each person to whom it was addressed or distributed;
BERNSTEIN LAW FIRM, LLC, 500 S. AUSTRALIAN AVE., SUITE 500, WEST PALM BEACH, FL 33401
d. The nature or substance of the document with sufficient particularity to enable it
to be identified;
e. Its date, and if it bears no date, the date when it was prepared; and
f. 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 principal
office of such person.
INSTRUCTIONS FOR USE
1. All information to be divulged which is in the possession, custody or control of
the individual party, its attorney, investigators, agents, employees or other representatives of the
named party and its attorney. If the party does not physically have a copy of the documents, but
the party has a right to request a copy of the documents from the person or entity that has a copy
of the documents, the party must obtain a copy and produce the document.
2. If any attorney/client privilege or any other privilege is claimed as to any
document called for by this request, the response shall state the date of the document, the name
and address of the person who prepared it and the person to whom it was directed or circulated
and the name and address of the person now in possession of the document, a description of the
subject matter of the document, and the specific nature of the privilege claimed with respect to
the document.
DOCUMENTS TO BE PRODUCED
1. Copy of the insurance policy, certified as true and accurate as of the date of loss.
BERNSTEIN LAW FIRM, LLC, 500 S. AUSTRALIAN AVE., SUITE 500, WEST PALM BEACH, FL 33401
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.
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.
4. Any and all photographs or video reproductions of the insured property which is the subject
matter of this litigation.
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.
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.
7. Copies of any and all investigative reports by any person or organization regarding the loss,
made prior to the filing of the lawsuit.
8. Any and all expert reports pertaining to the cause of the subject loss.
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.
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.
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
BERNSTEIN LAW FIRM, LLC, 500 S. AUSTRALIAN AVE., SUITE 500, WEST PALM BEACH, FL 33401
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.
12. Any materials, documents or tangible things obtained as the "agency file" or agent's file.
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.
14. All estimates of loss pertaining to real or personal property of the Insured.
15. Copies of any diagrams, models, drawings, sketches, blueprints or any other reproduction of
the subject risk made before or after the subject loss.
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.
17. Copies of any and all Proof of Loss forms with supporting documents, if any.
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.
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
BERNSTEIN LAW FIRM, LLC, 500 S. AUSTRALIAN AVE., SUITE 500, WEST PALM BEACH, FL 33401
insurance claim when the Insurance Company first received said claim.
20. Any and all written communication between the Insurance Company and any third party
concerning the processing of the Insured’s insurance claim.
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).
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.
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.
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.
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.
26. Copies of all payments, in whatever form or media, made to or on behalf of Insured.
CERTIFICATE OF SERVICE
IT IS HEREBY CERTIFIED, that a true and correct copy of the foregoing was furnished
to SAFEPOINT INSURANCE COMPANY with the Summons and Complaint.
BERNSTEIN LAW FIRM, LLC
Attorneys for Plaintiff
500 S. Australian Ave., Suite 500
West Palm Beach, Florida 33401
Telephone: (561)-689-5100
BERNSTEIN LAW FIRM, LLC, 500 S. AUSTRALIAN AVE., SUITE 500, WEST PALM BEACH, FL 33401
Facsimile: (561)-360-3306
By____/s/ Matthew I. Bernstein__
MATTHEW I. BERNSTEIN, ESQ.
Florida Bar. No. 55418
For service of pleadings:
matt@bernsteinfl.com
eservice@bernsteinfl.com
BERNSTEIN LAW FIRM, LLC, 500 S. AUSTRALIAN AVE., SUITE 500, WEST PALM BEACH, FL 33401
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Filing # 151968778 E-Filed 06/22/2022 12:38:11 PM IN THE COUNTY COURT OF THE 19TH JUDICIAL CIRCUIT IN AND FOR ST. LUCIE COUNTY, FLORIDA CASE NO.: JEREMIAH GIVINGS, PLAINTIFF, vs. CITIZENS PROPERTY INSURANCE CORPORATION, DEFENDANT. ________________________________/ PLAINITFF’S REQUEST TO PRODUCE TO DEFENDANT PLAINTIFF, JEREMIAH GIVINGS, by and through undersigned counsel, requests the DEFENDANT, CITIZENS PROPERTY INSURANCE CORPORATION, to produce for inspection and copying the following documents, at the offices of the undersigned, or in the alternative, that Defendant mail copies of the same to the undersigned within the time prescribed by the Florida Rules of Civil Procedure. DEFINITION OF TERMS As used in this Request for Production, the following terms and definitions are intended to apply: A. As used herein the term “Plaintiff” or “Plaintiffs” means Plaintiff, JEREMIAH GIVINGS. B. As used herein the term “Insured” or “Insureds” means Insured, JEREMIAH GIVINGS. C. As used herein the term, “Insurance Company,” means Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, including all of its past and present affiliates, subsidiaries, and parent, and all their respective officers, directors, shareholders, partners, BERNSTEIN LAW FIRM, LLC, 500 S. AUSTRALIAN AVE., SUITE 500, WEST PALM BEACH, FL 33401 employees, agents, representatives, attorneys, and any other person acting or purporting to act on any of their behalf. D. When used herein "you" or "your" shall mean CITIZENS PROPERTY INSURANCE CORPORATION, its partners, agents, servants, employees, attorneys, expert witnesses, accountants, auditors and all persons over whom it has control or who have been hired, retained or employed for any purpose by it, whether directly by it or through any other person or entity. E. As used herein the term "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 or 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. As used herein "communication" means the transmission, sharing or exchange of information or knowledge in any form, by one with another. G. As used herein the term "person" means any individual, corporation, partnership, joint venture, group, association, body politic, government agency, unit or other organization. H. To "identify a document" shall mean to state with respect thereto: a. The identity of the person who prepared it; b. The identity of the person who signed it or in whose name it was issued; c. The identity of each person to whom it was addressed or distributed; BERNSTEIN LAW FIRM, LLC, 500 S. AUSTRALIAN AVE., SUITE 500, WEST PALM BEACH, FL 33401 d. The nature or substance of the document with sufficient particularity to enable it to be identified; e. Its date, and if it bears no date, the date when it was prepared; and f. 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 principal office of such person. INSTRUCTIONS FOR USE 1. All information to be divulged which is in the possession, custody or control of the individual party, its attorney, investigators, agents, employees or other representatives of the named party and its attorney. If the party does not physically have a copy of the documents, but the party has a right to request a copy of the documents from the person or entity that has a copy of the documents, the party must obtain a copy and produce the document. 2. If any attorney/client privilege or any other privilege is claimed as to any document called for by this request, the response shall state the date of the document, the name and address of the person who prepared it and the person to whom it was directed or circulated and the name and address of the person now in possession of the document, a description of the subject matter of the document, and the specific nature of the privilege claimed with respect to the document. DOCUMENTS TO BE PRODUCED 1. Copy of the insurance policy, certified as true and accurate as of the date of loss. BERNSTEIN LAW FIRM, LLC, 500 S. AUSTRALIAN AVE., SUITE 500, WEST PALM BEACH, FL 33401 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. 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. 4. Any and all photographs or video reproductions of the insured property which is the subject matter of this litigation. 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. 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. 7. Copies of any and all investigative reports by any person or organization regarding the loss, made prior to the filing of the lawsuit. 8. Any and all expert reports pertaining to the cause of the subject loss. 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. 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. 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 BERNSTEIN LAW FIRM, LLC, 500 S. AUSTRALIAN AVE., SUITE 500, WEST PALM BEACH, FL 33401 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. 12. Any materials, documents or tangible things obtained as the "agency file" or agent's file. 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. 14. All estimates of loss pertaining to real or personal property of the Insured. 15. Copies of any diagrams, models, drawings, sketches, blueprints or any other reproduction of the subject risk made before or after the subject loss. 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. 17. Copies of any and all Proof of Loss forms with supporting documents, if any. 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. 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 BERNSTEIN LAW FIRM, LLC, 500 S. AUSTRALIAN AVE., SUITE 500, WEST PALM BEACH, FL 33401 insurance claim when the Insurance Company first received said claim. 20. Any and all written communication between the Insurance Company and any third party concerning the processing of the Insured’s insurance claim. 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). 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. 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. 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. 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. 26. Copies of all payments, in whatever form or media, made to or on behalf of Insured. CERTIFICATE OF SERVICE IT IS HEREBY CERTIFIED, that a true and correct copy of the foregoing was furnished to SAFEPOINT INSURANCE COMPANY with the Summons and Complaint. BERNSTEIN LAW FIRM, LLC Attorneys for Plaintiff 500 S. Australian Ave., Suite 500 West Palm Beach, Florida 33401 Telephone: (561)-689-5100 BERNSTEIN LAW FIRM, LLC, 500 S. AUSTRALIAN AVE., SUITE 500, WEST PALM BEACH, FL 33401 Facsimile: (561)-360-3306 By____/s/ Matthew I. Bernstein__ MATTHEW I. BERNSTEIN, ESQ. Florida Bar. No. 55418 For service of pleadings: matt@bernsteinfl.com eservice@bernsteinfl.com BERNSTEIN LAW FIRM, LLC, 500 S. AUSTRALIAN AVE., SUITE 500, WEST PALM BEACH, FL 33401