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JUERGEN LANGNICKEL
IN THE CIRCUIT COURT OF THE
Plaintiff, TWENTIETH JUDICIAL CIRCUIT IN AND
vs. FOR CHARLOTTE COUNTY, FLORIDA
AMERICAN INTEGRITY INSURANCE CIVIL DIVISION
COMPANY OF FLORIDA
CASE NO.:
Defendant.
___________________________________/
PLAINTIFF NOTICE OF FIRST REQUEST FORTAKING
THE DEPOSITION DUCES TECUMOF DEFENDANT’S
DESIGNATED CORPORATE REPRESENTATIVE(S)
PLEASE TAKE NOTICE that Plaintiff by and through the undersigned counsel, hereby
request to take the deposition by oral examination of the following person(s) per Rule 1.310(b)(6)
for purpose of discovery and all other purposes permitted by applicable statutes and/or the Florida
Rules of Civil Procedure without limitation, before a court reporter, Notary Public, or before some
other officer authorized by law to administer oaths, who is not a relative, employee, attorney, or
counsel of any of the parties, or a relative, or employee of such attorney or counsel, or financially
interested in the action, and pursuant to adjournments, if any, by said office until said testimony
shall be completed:
Name Date and Time Location
Defendant’s designated TBD please provide at least Deposition to occur via Zoom
corporate representative five (5) dates and times. video conferencing.
pursuant to Rule 1.310(b)(6)
regarding the topics and
subjects listed on Schedule
The oral examination will continue from day to day until completed. This deposition is
being taken for the purposes of discovery, for use at trial, or both of the foregoing, or for such
other purposes as are permitted under the applicable and governing rules.
The deponent(s) is/are directed to produce for inspection or copying at the time of
deposition the documents requested in Schedule “B” attached hereto, and, as to any
documents over which a claim of privilege is asserted, a privilege log pursuant to Rule
1.280(b)(5).
In an effort to expedite the deposition(s), Plaintiff counsel requests that the requested
documents in Schedule “B” be produced via email at least ten (10) days before the date of the
deposition(s), to allow the parties reasonable time to conduct the deposition quickly and efficiently.
This will eliminate the need for Plaintiff counsel having to review the documents for the first
time at the deposition(s) with the deponent(s). Plaintiff will reimburse deponent(s) for all
reasonable costs associated with producing the requested documents prior to the deposition(s).
Further, to the extent any privilege or confidentiality is claimed to apply to the requested
documents, the deponent(s) are directed to bring such responsive documents to the deposition(s)
so that they can fully answer all questioning. However, a privilege log pursuant to Florida Rule of
Civil Procedure 1.280(b)(5) may be produced prior to the deposition(s) in lieu of the actual
documents over which such claim(s) is/are asserted. Any such privileged document are nonetheless
requested to be available at the deposition(s) for the deponent(s) to review during the deposition(s)
in order to fully answer all questions. Such review will not be deemed a waiver of any claimed
privilege.
DATED: ___May 9, 2023___ ________________________________________________________________________________________
DAVID A. DUBE, ESQ.
Florida Bar No.: 1021678
TAMARA BRAZ, ESQ.
Florida Bar No.: 95073
The Lawgical Firm
8865 Commodity Circle, Suite 12
Orlando, FL 32819
Telephone: (407) 433 4131
rimary email: ddube@thelawgicalfirm.com
tbraz@thelawgicalfirm.com
crystal.kantzas@thelawgicalfirm.com
Secondary emails: eservice@thelawgicalfirm.com
MATTER: 2023020008
SCHEDULE “A”
The Corporate Representative who can identify by full name and company title and
licensure of all those persons who participated in making the decisions by or on behalf of
Defendant in determining the value of Plaintiff’s claim, to pay Plaintiff’s claim, or to withhold any
payment(s) of insurance proceeds to the Plaintiff for their claim under the insurance policy.
The Corporate Representative who can identify and explain Defendant’s
investigation, adjustment, and valuation of Plaintiff’s claim.
The Corporate Representative who can identify and explain the factual basis and
all policy language upon which Defendant’s Answer and any Affirmative Defenses raised in
response to the allegations to the Complaint are based, including all denials and affirmative
defenses thatmay be raised by Defendant in this tion .
The Corporate Representative who can identify and explain how the events which
occurred to cause Plaintiff’s damages constitute events excluded from the coverage provided by
any applicable policy of insurance issued by Defendant to the Plaintiff, or why Plaintiff’s claim
for damages are not otherwise covered under said policies.
The Corporate Representative who can describe comprehensively and in detail
Defendant’s investigation, adjustment and handling of Plaintiff claim from the date it was
initially reported to Defendant until the date of this lawsuit.
The Corporate Representative who can describe, comprehensively and in detail,
any and all decisions made on behalf of Defendant with regard to the adjustment, investigation,
and payment or failure to pay the Plaintiff’s claim which is the subject of this lawsuit and the basis
for those decisions.
The Corporate Representative who can testify regarding the date Defendant
reasonably anticipated litigation with the Plaintiff for the subject claim and all circumstances
which gave rise to the Defendant’s reasonable expectation or belief that litigation would ensue,
result or arise regarding Plaintiff’s claim at issue in this lawsuit.
The Corporate Representative who can identify and explain Defendant’s responses
to Plaintiff discovery requests and all facts and applicable policy language which support
Defendant’s responses to Plaintiff’s discovery requests.
The Corporate Representative who can testify regarding the cause of loss that
Defendant attributed to Plaintiff claim and all reasons for Defendant’s determination of that
cause of loss.
To the extent Defendant has or intends to allege that any portion of the subject loss
predates the alleged date of loss or issuance of the subject policy, the Corporate Representative
who can testify regarding insurance policies issued by Defendant to Plaintiff nce the Plaintiff
insurance coverage began.
The Corporate Representative who can testify regarding Defendant’s position and
understanding as to how specific provisions of the policies apply to the facts and circumstances of
the subject claim.
To the extent Defendant has or intends to allege that any portion of the subject loss
predates the alleged date of loss or issuance of the subject policy, the Corporate Representative
who can testify regarding any prior claims made by the Plaintiff with respect to the subject property
that involve similar damages or involved the same areas of the subject property
The Corporate Representative who can demonstrate sufficient familiarity with
Defendant’s record keeping practices to authenticate Defendant’s business records pursuant to Fla.
Stat. § 90.803(6).
The Corporate Representative who can identify and explain how any actions or
omissions on behalf of the Plaintiff voided or excluded coverage
To the extent Defendant has or intends to allege that any portion of the subject loss
predates the alleged date of loss or issuance of the subject policy, the Corporate Representative
who can testify regarding Plaintiff’s application for insurance and relevant portions of the
underwriting file.
The nature, substance, and location of all physical and electronic records in
Defendant’s possession, custody, care, or control, including expert reports, which pertain to the
Subject Loss and Subject Claim
To the extent Defendant has or intends to raise defenses relating to rescission,
misrepresentation, or fraud, the Corporate Representative who can testify regarding the entire
underwriting file for the subject property.
SCHEDULE “B"
All documents the Corporate Representative reviewed in preparation for their
deposition.
All documents the Corporate Representative will rely on in responding to the topics
in Schedule “A” during their deposition.
For any documents withheld from paragraphs 1 and 2 above due to a claim of
attorney client privilege, work product privilege or any other claimed right of privilege, provide a
privilege log pursuant to Florida Rule of Civil Procedure 1.280(b)(5).
The complete original written, printed, and electronic claim file(s) of Defendant
and its adjuster including all independent or third party adjusters involved in adjusting, inspecting,
and handling Plaintiff’s claim or loss from the home office, regional office and local office for the
subject claim, including but not limited to:
All letters, memoranda, and forms of written or computerized communication to or
from any employee of Defendant that concern, refer, or related in any way to the adjusting,
processing, or handling of the claim at issue in this action.
All written or computerized records of all oral communication, whether in person
or by telephone, to or from any employee of Defendant that concern, refer, or relate in any
way to the processing of the subject claim.
All written or computerized communications and written or computerized records
of oral communications, whether in person or by telephone, between any employee,
representative or agent of Defendant and the Plaintiff, or their representatives or agents that
concern, refer, or relate in any way to the subject claim(s).
All written or computerized communications and written or computerized records
of oral communications, whether in person or by telephone, between any employee of
Defendant and any adjuster that concern, refer, or relate in any way to the subject claim(s).
All written or computerized records of any investigation or adjustment activities by
Defendant and its adjusters, from the date of loss through the earlier of the date of this
lawsuit or the date litigation was first anticipated by Defendant with regard to the subject
claim.
All written or computerized communications and written or computerized records
of oral communications, whether in person or by telephone, to or from any employee of
Defendant and its adjusters that concern, refer, or related in any way to the decision to pay,
deny, withhold, delay payment, or conditionally or partial pay Plaintiff’s claim.
All written or computerized communications and written or computerized records
of oral communications, whether in person or by telephone, between Plaintiff and any
employee of Defendant and its adjusters that concern, refer, or relate in any way to the
decision by any employee of Defendant to pay, deny, withhold, delay payment, or partially
pay Plaintiff’s claim.
All written or computerized communications and written or computerized records
of oral communications, whether in person or by telephone, between any employee of
Defendant and any third party that concern, refer, or relate in any way to the decision by
any employee or agent of Defendant to pay, deny, withhold, delay payment or conditionally
or partially pay Plaintiff’s claim.
All activity logs, diaries, claim notes or log notes created by any adjuster, claim
representative, manager, or supervisor of Defendant or any third parties during the
adjustment of Plaintiff’s claim up until the date of this lawsuit or the date Defendant
reasonably anticipated litigation in connection with the claim issue in this action.
The file folders in which the preceding documents are kept.
All reports and correspondence.
Tapes video and audio.
Photographs and original negatives.
Copies of all documentation of whatever kind or nature in Defendant’s possession,
custody or control concerning the subject loss and all files relating the Plaintiff and the claim for
damages to the insured property, including but not limited to, certified copies of any applicable
insurance policies, recorded statements, documentation of the claim such as proofs of loss, damage
estimates, reports or memoranda by Defendant’s adjuster(s) regarding the extent of damage and
the reasons for payment, delay of payment, withholding of payment or denial of payment on the
subject clai
All checks reflecting payment made to the Plaintiff to date as a result of the loss
referred to in the Complaint.
A certified copy of the policy of insurance in effect on the subject date of loss.
Copies of all summaries of statements made by the Plaintiff and their agents, and
all recorded or transcribed statements taken by Defendant its agents of the Plaintiff and their
agents
Copies of all correspondence, notices, reports or other communications between
Defendant and agents and the Plaintiff and any of Plaintiff’s representatives regarding the
subject loss.
Copies of all letters from Defendant that make payment, deny payment, authorize
payment or withhold payment for the subject claim.
Copies of all documents in Defendant’s possession, custody or control relating to
the insured property, including by nit limited to: photographs, video tapes, estimates, sketched,
drawings, field notes, estimates for damages, reports relied upon by Defendant, reports prepared
Defendant or reports prepared for Defendant or on Defendant’s behalf or on behalf of the
Plaintiff regarding the loss at the insured property.
Copies of all property damage inventories, estimates or reports prepared and
received by Defendant, and upon which Defendant relied in reaching its conclusions concerning
valuation of the loss.
Copies of all other documents relied upon by Defendant in reaching any
conclusions regarding the Plaintiff’ insurance claim and the coverage and payment decisions
made on Plaintiff’ claim, including books, tables, depreciation tables, guides, price lists,
whatsoever used by Defendant in determining the valuation of the property or property damages
sustained by the Plaintiff the methods of computation used by Defendant in arriving at valuation
igures for the property, all reports, calculations, estimates and the like relied upon by Defendant
in arriving at any and all figures used in determining the damage to the property.
Any and all documents, statements, notes, measurements, test result and related
materials relied upon by Defendant in reaching its conclusion to make payment, deny payment,
authorize payment or withhold payment of the subject claim.
All documents which indicate or support the date when Defendant contends it first
reasonably expected or anticipated litigation with the Plaintiff and the reasons and factual
circumstances which gave rise to the expectation or belief.
Defendant’s Privilege Log prepared pursuant to Florida Rule of Civil Procedure
1.280(b)(5) identifying with particularity and all documents withheld from Defendant’s response
to the proceeding paragraphs as privileged, confidential or otherwise protected from discovery.
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JUERGEN LANGNICKEL IN THE CIRCUIT COURT OF THE Plaintiff, TWENTIETH JUDICIAL CIRCUIT IN AND vs. FOR CHARLOTTE COUNTY, FLORIDA AMERICAN INTEGRITY INSURANCE CIVIL DIVISION COMPANY OF FLORIDA CASE NO.: Defendant. ___________________________________/ PLAINTIFF NOTICE OF FIRST REQUEST FORTAKING THE DEPOSITION DUCES TECUMOF DEFENDANT’S DESIGNATED CORPORATE REPRESENTATIVE(S) PLEASE TAKE NOTICE that Plaintiff by and through the undersigned counsel, hereby request to take the deposition by oral examination of the following person(s) per Rule 1.310(b)(6) for purpose of discovery and all other purposes permitted by applicable statutes and/or the Florida Rules of Civil Procedure without limitation, before a court reporter, Notary Public, or before some other officer authorized by law to administer oaths, who is not a relative, employee, attorney, or counsel of any of the parties, or a relative, or employee of such attorney or counsel, or financially interested in the action, and pursuant to adjournments, if any, by said office until said testimony shall be completed: Name Date and Time Location Defendant’s designated TBD please provide at least Deposition to occur via Zoom corporate representative five (5) dates and times. video conferencing. pursuant to Rule 1.310(b)(6) regarding the topics and subjects listed on Schedule The oral examination will continue from day to day until completed. This deposition is being taken for the purposes of discovery, for use at trial, or both of the foregoing, or for such other purposes as are permitted under the applicable and governing rules. The deponent(s) is/are directed to produce for inspection or copying at the time of deposition the documents requested in Schedule “B” attached hereto, and, as to any documents over which a claim of privilege is asserted, a privilege log pursuant to Rule 1.280(b)(5). In an effort to expedite the deposition(s), Plaintiff counsel requests that the requested documents in Schedule “B” be produced via email at least ten (10) days before the date of the deposition(s), to allow the parties reasonable time to conduct the deposition quickly and efficiently. This will eliminate the need for Plaintiff counsel having to review the documents for the first time at the deposition(s) with the deponent(s). Plaintiff will reimburse deponent(s) for all reasonable costs associated with producing the requested documents prior to the deposition(s). Further, to the extent any privilege or confidentiality is claimed to apply to the requested documents, the deponent(s) are directed to bring such responsive documents to the deposition(s) so that they can fully answer all questioning. However, a privilege log pursuant to Florida Rule of Civil Procedure 1.280(b)(5) may be produced prior to the deposition(s) in lieu of the actual documents over which such claim(s) is/are asserted. Any such privileged document are nonetheless requested to be available at the deposition(s) for the deponent(s) to review during the deposition(s) in order to fully answer all questions. Such review will not be deemed a waiver of any claimed privilege. DATED: ___May 9, 2023___ ________________________________________________________________________________________ DAVID A. DUBE, ESQ. Florida Bar No.: 1021678 TAMARA BRAZ, ESQ. Florida Bar No.: 95073 The Lawgical Firm 8865 Commodity Circle, Suite 12 Orlando, FL 32819 Telephone: (407) 433 4131 rimary email: ddube@thelawgicalfirm.com tbraz@thelawgicalfirm.com crystal.kantzas@thelawgicalfirm.com Secondary emails: eservice@thelawgicalfirm.com MATTER: 2023020008 SCHEDULE “A” The Corporate Representative who can identify by full name and company title and licensure of all those persons who participated in making the decisions by or on behalf of Defendant in determining the value of Plaintiff’s claim, to pay Plaintiff’s claim, or to withhold any payment(s) of insurance proceeds to the Plaintiff for their claim under the insurance policy. The Corporate Representative who can identify and explain Defendant’s investigation, adjustment, and valuation of Plaintiff’s claim. The Corporate Representative who can identify and explain the factual basis and all policy language upon which Defendant’s Answer and any Affirmative Defenses raised in response to the allegations to the Complaint are based, including all denials and affirmative defenses thatmay be raised by Defendant in this tion . The Corporate Representative who can identify and explain how the events which occurred to cause Plaintiff’s damages constitute events excluded from the coverage provided by any applicable policy of insurance issued by Defendant to the Plaintiff, or why Plaintiff’s claim for damages are not otherwise covered under said policies. The Corporate Representative who can describe comprehensively and in detail Defendant’s investigation, adjustment and handling of Plaintiff claim from the date it was initially reported to Defendant until the date of this lawsuit. The Corporate Representative who can describe, comprehensively and in detail, any and all decisions made on behalf of Defendant with regard to the adjustment, investigation, and payment or failure to pay the Plaintiff’s claim which is the subject of this lawsuit and the basis for those decisions. The Corporate Representative who can testify regarding the date Defendant reasonably anticipated litigation with the Plaintiff for the subject claim and all circumstances which gave rise to the Defendant’s reasonable expectation or belief that litigation would ensue, result or arise regarding Plaintiff’s claim at issue in this lawsuit. The Corporate Representative who can identify and explain Defendant’s responses to Plaintiff discovery requests and all facts and applicable policy language which support Defendant’s responses to Plaintiff’s discovery requests. The Corporate Representative who can testify regarding the cause of loss that Defendant attributed to Plaintiff claim and all reasons for Defendant’s determination of that cause of loss. To the extent Defendant has or intends to allege that any portion of the subject loss predates the alleged date of loss or issuance of the subject policy, the Corporate Representative who can testify regarding insurance policies issued by Defendant to Plaintiff nce the Plaintiff insurance coverage began. The Corporate Representative who can testify regarding Defendant’s position and understanding as to how specific provisions of the policies apply to the facts and circumstances of the subject claim. To the extent Defendant has or intends to allege that any portion of the subject loss predates the alleged date of loss or issuance of the subject policy, the Corporate Representative who can testify regarding any prior claims made by the Plaintiff with respect to the subject property that involve similar damages or involved the same areas of the subject property The Corporate Representative who can demonstrate sufficient familiarity with Defendant’s record keeping practices to authenticate Defendant’s business records pursuant to Fla. Stat. § 90.803(6). The Corporate Representative who can identify and explain how any actions or omissions on behalf of the Plaintiff voided or excluded coverage To the extent Defendant has or intends to allege that any portion of the subject loss predates the alleged date of loss or issuance of the subject policy, the Corporate Representative who can testify regarding Plaintiff’s application for insurance and relevant portions of the underwriting file. The nature, substance, and location of all physical and electronic records in Defendant’s possession, custody, care, or control, including expert reports, which pertain to the Subject Loss and Subject Claim To the extent Defendant has or intends to raise defenses relating to rescission, misrepresentation, or fraud, the Corporate Representative who can testify regarding the entire underwriting file for the subject property. SCHEDULE “B" All documents the Corporate Representative reviewed in preparation for their deposition. All documents the Corporate Representative will rely on in responding to the topics in Schedule “A” during their deposition. For any documents withheld from paragraphs 1 and 2 above due to a claim of attorney client privilege, work product privilege or any other claimed right of privilege, provide a privilege log pursuant to Florida Rule of Civil Procedure 1.280(b)(5). The complete original written, printed, and electronic claim file(s) of Defendant and its adjuster including all independent or third party adjusters involved in adjusting, inspecting, and handling Plaintiff’s claim or loss from the home office, regional office and local office for the subject claim, including but not limited to: All letters, memoranda, and forms of written or computerized communication to or from any employee of Defendant that concern, refer, or related in any way to the adjusting, processing, or handling of the claim at issue in this action. All written or computerized records of all oral communication, whether in person or by telephone, to or from any employee of Defendant that concern, refer, or relate in any way to the processing of the subject claim. All written or computerized communications and written or computerized records of oral communications, whether in person or by telephone, between any employee, representative or agent of Defendant and the Plaintiff, or their representatives or agents that concern, refer, or relate in any way to the subject claim(s). All written or computerized communications and written or computerized records of oral communications, whether in person or by telephone, between any employee of Defendant and any adjuster that concern, refer, or relate in any way to the subject claim(s). All written or computerized records of any investigation or adjustment activities by Defendant and its adjusters, from the date of loss through the earlier of the date of this lawsuit or the date litigation was first anticipated by Defendant with regard to the subject claim. All written or computerized communications and written or computerized records of oral communications, whether in person or by telephone, to or from any employee of Defendant and its adjusters that concern, refer, or related in any way to the decision to pay, deny, withhold, delay payment, or conditionally or partial pay Plaintiff’s claim. All written or computerized communications and written or computerized records of oral communications, whether in person or by telephone, between Plaintiff and any employee of Defendant and its adjusters that concern, refer, or relate in any way to the decision by any employee of Defendant to pay, deny, withhold, delay payment, or partially pay Plaintiff’s claim. All written or computerized communications and written or computerized records of oral communications, whether in person or by telephone, between any employee of Defendant and any third party that concern, refer, or relate in any way to the decision by any employee or agent of Defendant to pay, deny, withhold, delay payment or conditionally or partially pay Plaintiff’s claim. All activity logs, diaries, claim notes or log notes created by any adjuster, claim representative, manager, or supervisor of Defendant or any third parties during the adjustment of Plaintiff’s claim up until the date of this lawsuit or the date Defendant reasonably anticipated litigation in connection with the claim issue in this action. The file folders in which the preceding documents are kept. All reports and correspondence. Tapes video and audio. Photographs and original negatives. Copies of all documentation of whatever kind or nature in Defendant’s possession, custody or control concerning the subject loss and all files relating the Plaintiff and the claim for damages to the insured property, including but not limited to, certified copies of any applicable insurance policies, recorded statements, documentation of the claim such as proofs of loss, damage estimates, reports or memoranda by Defendant’s adjuster(s) regarding the extent of damage and the reasons for payment, delay of payment, withholding of payment or denial of payment on the subject clai All checks reflecting payment made to the Plaintiff to date as a result of the loss referred to in the Complaint. A certified copy of the policy of insurance in effect on the subject date of loss. Copies of all summaries of statements made by the Plaintiff and their agents, and all recorded or transcribed statements taken by Defendant its agents of the Plaintiff and their agents Copies of all correspondence, notices, reports or other communications between Defendant and agents and the Plaintiff and any of Plaintiff’s representatives regarding the subject loss. Copies of all letters from Defendant that make payment, deny payment, authorize payment or withhold payment for the subject claim. Copies of all documents in Defendant’s possession, custody or control relating to the insured property, including by nit limited to: photographs, video tapes, estimates, sketched, drawings, field notes, estimates for damages, reports relied upon by Defendant, reports prepared Defendant or reports prepared for Defendant or on Defendant’s behalf or on behalf of the Plaintiff regarding the loss at the insured property. Copies of all property damage inventories, estimates or reports prepared and received by Defendant, and upon which Defendant relied in reaching its conclusions concerning valuation of the loss. Copies of all other documents relied upon by Defendant in reaching any conclusions regarding the Plaintiff’ insurance claim and the coverage and payment decisions made on Plaintiff’ claim, including books, tables, depreciation tables, guides, price lists, whatsoever used by Defendant in determining the valuation of the property or property damages sustained by the Plaintiff the methods of computation used by Defendant in arriving at valuation igures for the property, all reports, calculations, estimates and the like relied upon by Defendant in arriving at any and all figures used in determining the damage to the property. Any and all documents, statements, notes, measurements, test result and related materials relied upon by Defendant in reaching its conclusion to make payment, deny payment, authorize payment or withhold payment of the subject claim. All documents which indicate or support the date when Defendant contends it first reasonably expected or anticipated litigation with the Plaintiff and the reasons and factual circumstances which gave rise to the expectation or belief. Defendant’s Privilege Log prepared pursuant to Florida Rule of Civil Procedure 1.280(b)(5) identifying with particularity and all documents withheld from Defendant’s response to the proceeding paragraphs as privileged, confidential or otherwise protected from discovery.