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IN THE CIRCUIT COURT OF THE
TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE
COUNTY, FLORIDA
CASE NUMBER:
GARY MOORMAN AND REBECCA
MOORMAN,
Plaintiffs,
vs.
EDISON INSURANCE COMPANY,
Defendant.
_________________________________________/
PLAINTIFFS’ FIRST REQUEST TO PRODUCE TO DEFENDANT
COME NOW the Plaintiffs, GARY MOORMAN AND REBECCA MOORMAN, by and
through their undersigned counsel, pursuant to Rules 1.350 and 1.280(a) of the Florida Rules of
Civil Procedure, and hereby requests the Defendant, EDISON INSURANCE COMPANY, to
furnish copies to the Plaintiff at PAYNE LAW, PLLC, 126 E. JEFFERSON STREET,
ORLANDO, FLORIDA, 32801 or via E Mail, within forty five (45) days of service of the
Complaint herein.
DEFINITIONS AND INSTRUCTIONS
For purposes of this Request for Production, the following terms and definitions are
provided:
Plaintiffs: The term “Plaintiffs” as used herein shall mean GARY MOORMAN AND
REBECCA MOORMAN and their representatives as defined in Paragraph 4 hereof.
Insureds: The term “Insureds” as used herein shall mean GARY MOORMAN AND
REBECCA MOORMAN and their representatives as defined in Paragraph 4 hereof.
efendant:The term “Defendant” shall mean EDISON INSURANCE COMPANY whether
by that name or any other, and its representatives as defined in Paragraph 4 hereof.
Representatives:The term "representatives" shall mean any and all present or former partners,
agents, employees, servants, officers, directors, attorneys, consultants, sureties,
indemnificators, insurers, independent contractors and other persons acting or purporting to
act on behalf of the entity referred to.
You and Your: The terms "you" and "your" shall refer to Defendant (defined above) and any
other person or entity acting or purporting to act on its behalf.
ocument: The term "document" shall mean any written, printed, typed or other graphic or
photographic matter (including without limitation, photographs, charts, graphs, microfiche,
microfilm, videotapes, recordings and motion pictures and data stored on a computer disc or
computer hard drive) and shall include the originals, identical copies and all non identical
copies, whether different from the original by reason of any notation made on each copy or
otherwise and shall include, without limiting the generality of the foregoing, all letters,
telegrams, teletypes, correspondence, contracts, agreements, notes, mechanical and electronic
sound recordings and transcripts thereof (including, without limitation, tapes, cassettes and
discs), computer records, computer printouts, other printed matter produced through
computers, calendar and diary entries, memoranda, notes and records of all telephone or
personal conversations, meetings and other communication, inter office and intra office
communications, statements, manuals, summaries and compilations, minutes of meetings,
charges, maps, reports, analysis, studies, graphs, prospectus, returns, statistics, pamphlets,
books, offers, bulletins, order papers, articles, catalogs, records, tables, books of account,
ledgers, vouchers, canceled checks, invoices, bills, receipts, tickets, worksheets and all drafts,
alterations, modifications and changes to any of the foregoing, as well as all digitally stored
and generated documents and notes.
Communication: The term "communication" as used herein shall mean any contact between or
among the parties indicated, including but not limited to, all documents (defined above),
telephone or personal conversations, meetings, e mails or electronic contacts, conferences and
discussions. Once identified, a communication may be subsequently identified by use of a
common description.
Identify: The term “identify” when used with reference to a person shall mean to:
State the fullname of the person;
State the fullname of the last known employer of the person;
State the last known occupation or of the person withsuch employer;
State the last known business telephone number the person;
State the last known home address the person; and
State the last known home telephone number of the person.
Once identified, a person may be subsequently identified by uniform use of a standard name.
Identify: The term “identify” when used with reference to a document shall mean to:
State a complete description of the document;
Identify the person who prepared the document;
State the datewhich the document wasprepared;
State the location which the document wasprepared; and
Identify the person who presentlyhas care, custody and control of the document.
Once identified, a document may be subsequently identified by uniform use of a standard
description.
Person: The term “person” as used herein shall mean a natural person other than an entity
and shall be construed to include groups of natural persons.
Instructions
Should Defendant object to a Request to Produce or not respond pursuant to a claim of
privilege, the Defendant is required to:
State the basis of the claim of privilege;
Identify the subjectmatter of the information which a claim of privilege made;
Identify all persons or entities who have had access or claimed be privileged or were
presentwhen the privileged information was discussed, and
Identify of all persons or entities which the privileg information has been disclosed.
PLAINTIFFS’FIRST REQUESTS PRODUCE
A true and correct copy of all DEC pages and the full and complete insurance policy(s)
referenced in Plaintiffs’ Complaint and a sworn statement of a corporate officer of Defendant
attesting to the coverage and authenticity of the policy.
RESPONSE:
A copy of any and all other DEC pages and insurance policy(s) which may provide coverage
to either Plaintiffs or Insureds for the damages claimed in Plaintiffs’ Complaint.
RESPONSE:
A copy of each and every document (defined above) which you reasonably anticipate may be
introduced into evidence at the trial of this matter.
RESPONSE:
A copy of any and all documents which you allege may support any affirmative defense which
you have raised in this matter.
RESPONSE:
A copy of any and all documents which you allege may support any Motion to Dismiss which
you may file in this matter.
RESPONSE:
Copies of any and all statements, and any transcripts from any person who has knowledge of
the facts in this matter including any expert witness or the Defendant (defined above) herein.
RESPONSE:
Copies of any and all recorded statement(s) and telephone conversations, as well as any
transcripts including but not limited to Examinations Under Oath, which were taken of or
provided by Insureds which are in your possession or control.
RESPONSE:
Copies of any and all recorded statement(s) and telephone conversations, as well as any
transcripts for the same which have been reduced to writing and/or transcribed, including but
not limited to Examinations Under Oath, which were taken of or provided by Plaintiffs or their
representatives (defined above) which are in your possession or control.
RESPONSE:
Copies of any and all recorded statement(s) and telephone conversations, as well as any
transcripts for the same which have been reduced to writing and/or transcribed, which were
taken of or provided by any witness to the September 29, 2022 damage event and/or work
performed or to be performed by Plaintiffs which are in your possession or control.
RESPONSE:
Each and every document, report, chart, graph, object, summary, compilation of data or other
thing relied upon by any of your experts, in whole or in part, in the formulation of any opinions
and conclusion in this case.
RESPONSE:
Copies of any photographs of Insureds’ Property located at 105 Westwind Drive, Placida, FL
which are in your possession or control.
RESPONSE:
Copies of any photographs which reflect any roof or interior damage done at Insureds’ Property
located at 105 Westwind Drive, Placida, FL 33946, which are in your possession or control.
RESPONSE:
Copies of any photographs of any work performed by Plaintiffs or their representatives
(defined above) at Insureds’ Property located at 105 Westwind Drive, Placida, FL 33946 which
are in your possession or control.
RESPONSE:
Copies of any and all estimates and damage appraisals and other documents (defined above)
referencing damage appraisals regarding Insureds’ Property located at 105 Westwind Drive,
Placida, FL 33946 which are in your possession or control.
RESPONSE:
Copies of any and all documents (defined above) upon which you based any denials of
homeowners’ insurance coverage for the incident described in Plaintiffs’ Complaint.
RESPONSE:
Copies of any and all documents (defined above) upon which you based any denials of all or
part of Plaintiffs’ invoices for work done or to be performed at Insureds’ Property located at
105 Westwind Drive, Placida, FL 33946 as a result of the windstorm event described in
Plaintiffs’ Complaint.
RESPONSE:
If there are any denials of insurance coverage being made by Defendant, then copies are
requested of any and all applications for insurance, insurance forms, data sheets,
correspondence, notices, facsimile, e mails and other documents (defined above) which
reference in any way any the insurance policy at issue in this matter.
RESPONSE:
Copies of any and all correspondence, facsimile, notices, e mails and other documents (defined
above) which reference in any way any notices which you provided to either Plaintiffs or
Insureds regarding cancellation of the insurance policy at issue in this matter.
RESPONSE:
Copies of all PORS, Proof of Mailing and other documents (defined above) which reflect in
any way mailings made by you to Plaintiffs and/or Insureds regarding cancellation of the policy
of insurance at issue in this matter.
RESPONSE:
All reports and current curriculum vitae from any expert(s) retained for any reason regarding
Plaintiffs’ claim.
RESPONSE:
Any and all e mails, letters, facsimile, and other correspondence regarding any claims made
by Plaintiffs and/or Insureds for homeowners’ insurance benefits as a result of the windstorm
event on September 29, 2022, including but not limited to, correspondence with experts,
independent adjusters, appraisers, inspectors, and any other third party.
RESPONSE:
All documents reflecting any payment made to any person (defined above) or entity for any
reason as a result of the windstorm event described in Plaintiffs’ Complaint on September 29,
RESPONSE:
All books, treaties or authority used by Defendant’s adjuster in determining what amount to
pay or deny regarding Plaintiffs’ invoices and bills.
RESPONSE:
All writings, memoranda, notes or other materials reflecting examination of the Insureds’
Property by Defendant or its agents.
RESPONSE:
All proofs of loss received by Defendant from Plaintiffs, Insureds or their representatives
(defined above).
RESPONSE:
All estimates received by Defendant from any source for repairs to Insureds’ Property located
at 105 Westwind Drive, Placida, FL 33946.
RESPONSE:
All Peer reviews or comparative estimates conducted on Plaintiffs’ bills and invoices at issue
in this matter.
RESPONSE:
Defendant’s latest claims manual or statement of policies and procedures on the processing or
handling of homeowner’s claims.
RESPONSE:
Any training manuals, guides and documents which Defendant has provided to its adjusters
regarding adjusting windstormdamage claims from September 29, 2022to present.
RESPONSE:
Copies of previous estimates by anyone conducting a peer review on Plaintiffs’ estimate
provided to the Defendant for the work in question in this matter.
RESPONSE:
All documents showing the total amount paid during the past three years to any third parties
providing services, analyses, or opinions with regard to the Insureds’claim.
RESPONSE:
A copy of the contract/agreement/document (if any) the Defendant has with any preferred
contractors or engineers providers who may provide testimony at the trial of this matter.
RESPONSE:
All documents that relate to the drafting, meaning, and interpretation of any subject language
as such terms or provisions are used in the policy at issue.
RESPONSE:
Pursuant to Fla. R. Civ. P. 1.310(b)(6), please produce three (3) earliest alternative dates for
the depositions of the corporate representative(s), field adjuster(s) and desk adjuster(s) with
the most knowledge of the claim asserted by the Plaintiffs’ Complaint as well as the individual
who was primarily responsible for the decision to deny Plaintiffs’ insurance claims. A
designation of the information upon which such examination will proceed will be provided
under separate cover.
RESPONSE:
Copies of any and all notices sent by you or your representatives (defined above) to Plaintiffs
and/or Insureds to participate in a mediation program under Fla. Stat.§ 627.7015 and copies of
any and all PORS, Proof of Mailing and other documents (defined above) which reflect in any
way mailings made by you to Plaintiffs and/or Insureds regarding the same.
RESPONSE:
Copies of any and all notices sent by you or your representatives (defined above) to Plaintiffs
and/or Insureds to participate in an appraisal process under Fla. Stat.§ 627.7015 and copies of
any and all PORS, Proof of Mailing and other documents (defined above) which reflect in any
way mailings made by you to Plaintiff and/or Insured regarding the same.
RESPONSE:
The complete underwriting file with regard to Defendant’s issuance of all renewals of
insurance on the subject property.
RESPONSE:
Defendant’s underwriting manual(s) and/or guidelines in effect at the time of the issuance
and/or renewals of all policies issued on the subject property.
RESPONSE:
(Certificate of Service next page)
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this document will be served on the
Defendant along with a copy of the Summons this action.
Dated:May 9, 2023
/s/Corey Justus
Corey Justus Esq.
Fla.Bar No. 113864
Payne Law,PLLC
Jefferson Street
Orlando, 32801
Phone: (407) 915-5447
corey@thepaynelaw.com
Attorney forPlaintiffs
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CASE NUMBER: GARY MOORMAN AND REBECCA MOORMAN, Plaintiffs, vs. EDISON INSURANCE COMPANY, Defendant. _________________________________________/ PLAINTIFFS’ FIRST REQUEST TO PRODUCE TO DEFENDANT COME NOW the Plaintiffs, GARY MOORMAN AND REBECCA MOORMAN, by and through their undersigned counsel, pursuant to Rules 1.350 and 1.280(a) of the Florida Rules of Civil Procedure, and hereby requests the Defendant, EDISON INSURANCE COMPANY, to furnish copies to the Plaintiff at PAYNE LAW, PLLC, 126 E. JEFFERSON STREET, ORLANDO, FLORIDA, 32801 or via E Mail, within forty five (45) days of service of the Complaint herein. DEFINITIONS AND INSTRUCTIONS For purposes of this Request for Production, the following terms and definitions are provided: Plaintiffs: The term “Plaintiffs” as used herein shall mean GARY MOORMAN AND REBECCA MOORMAN and their representatives as defined in Paragraph 4 hereof. Insureds: The term “Insureds” as used herein shall mean GARY MOORMAN AND REBECCA MOORMAN and their representatives as defined in Paragraph 4 hereof. efendant:The term “Defendant” shall mean EDISON INSURANCE COMPANY whether by that name or any other, and its representatives as defined in Paragraph 4 hereof. Representatives:The term "representatives" shall mean any and all present or former partners, agents, employees, servants, officers, directors, attorneys, consultants, sureties, indemnificators, insurers, independent contractors and other persons acting or purporting to act on behalf of the entity referred to. You and Your: The terms "you" and "your" shall refer to Defendant (defined above) and any other person or entity acting or purporting to act on its behalf. ocument: The term "document" shall mean any written, printed, typed or other graphic or photographic matter (including without limitation, photographs, charts, graphs, microfiche, microfilm, videotapes, recordings and motion pictures and data stored on a computer disc or computer hard drive) and shall include the originals, identical copies and all non identical copies, whether different from the original by reason of any notation made on each copy or otherwise and shall include, without limiting the generality of the foregoing, all letters, telegrams, teletypes, correspondence, contracts, agreements, notes, mechanical and electronic sound recordings and transcripts thereof (including, without limitation, tapes, cassettes and discs), computer records, computer printouts, other printed matter produced through computers, calendar and diary entries, memoranda, notes and records of all telephone or personal conversations, meetings and other communication, inter office and intra office communications, statements, manuals, summaries and compilations, minutes of meetings, charges, maps, reports, analysis, studies, graphs, prospectus, returns, statistics, pamphlets, books, offers, bulletins, order papers, articles, catalogs, records, tables, books of account, ledgers, vouchers, canceled checks, invoices, bills, receipts, tickets, worksheets and all drafts, alterations, modifications and changes to any of the foregoing, as well as all digitally stored and generated documents and notes. Communication: The term "communication" as used herein shall mean any contact between or among the parties indicated, including but not limited to, all documents (defined above), telephone or personal conversations, meetings, e mails or electronic contacts, conferences and discussions. Once identified, a communication may be subsequently identified by use of a common description. Identify: The term “identify” when used with reference to a person shall mean to: State the fullname of the person; State the fullname of the last known employer of the person; State the last known occupation or of the person withsuch employer; State the last known business telephone number the person; State the last known home address the person; and State the last known home telephone number of the person. Once identified, a person may be subsequently identified by uniform use of a standard name. Identify: The term “identify” when used with reference to a document shall mean to: State a complete description of the document; Identify the person who prepared the document; State the datewhich the document wasprepared; State the location which the document wasprepared; and Identify the person who presentlyhas care, custody and control of the document. Once identified, a document may be subsequently identified by uniform use of a standard description. Person: The term “person” as used herein shall mean a natural person other than an entity and shall be construed to include groups of natural persons. Instructions Should Defendant object to a Request to Produce or not respond pursuant to a claim of privilege, the Defendant is required to: State the basis of the claim of privilege; Identify the subjectmatter of the information which a claim of privilege made; Identify all persons or entities who have had access or claimed be privileged or were presentwhen the privileged information was discussed, and Identify of all persons or entities which the privileg information has been disclosed. PLAINTIFFS’FIRST REQUESTS PRODUCE A true and correct copy of all DEC pages and the full and complete insurance policy(s) referenced in Plaintiffs’ Complaint and a sworn statement of a corporate officer of Defendant attesting to the coverage and authenticity of the policy. RESPONSE: A copy of any and all other DEC pages and insurance policy(s) which may provide coverage to either Plaintiffs or Insureds for the damages claimed in Plaintiffs’ Complaint. RESPONSE: A copy of each and every document (defined above) which you reasonably anticipate may be introduced into evidence at the trial of this matter. RESPONSE: A copy of any and all documents which you allege may support any affirmative defense which you have raised in this matter. RESPONSE: A copy of any and all documents which you allege may support any Motion to Dismiss which you may file in this matter. RESPONSE: Copies of any and all statements, and any transcripts from any person who has knowledge of the facts in this matter including any expert witness or the Defendant (defined above) herein. RESPONSE: Copies of any and all recorded statement(s) and telephone conversations, as well as any transcripts including but not limited to Examinations Under Oath, which were taken of or provided by Insureds which are in your possession or control. RESPONSE: Copies of any and all recorded statement(s) and telephone conversations, as well as any transcripts for the same which have been reduced to writing and/or transcribed, including but not limited to Examinations Under Oath, which were taken of or provided by Plaintiffs or their representatives (defined above) which are in your possession or control. RESPONSE: Copies of any and all recorded statement(s) and telephone conversations, as well as any transcripts for the same which have been reduced to writing and/or transcribed, which were taken of or provided by any witness to the September 29, 2022 damage event and/or work performed or to be performed by Plaintiffs which are in your possession or control. RESPONSE: Each and every document, report, chart, graph, object, summary, compilation of data or other thing relied upon by any of your experts, in whole or in part, in the formulation of any opinions and conclusion in this case. RESPONSE: Copies of any photographs of Insureds’ Property located at 105 Westwind Drive, Placida, FL which are in your possession or control. RESPONSE: Copies of any photographs which reflect any roof or interior damage done at Insureds’ Property located at 105 Westwind Drive, Placida, FL 33946, which are in your possession or control. RESPONSE: Copies of any photographs of any work performed by Plaintiffs or their representatives (defined above) at Insureds’ Property located at 105 Westwind Drive, Placida, FL 33946 which are in your possession or control. RESPONSE: Copies of any and all estimates and damage appraisals and other documents (defined above) referencing damage appraisals regarding Insureds’ Property located at 105 Westwind Drive, Placida, FL 33946 which are in your possession or control. RESPONSE: Copies of any and all documents (defined above) upon which you based any denials of homeowners’ insurance coverage for the incident described in Plaintiffs’ Complaint. RESPONSE: Copies of any and all documents (defined above) upon which you based any denials of all or part of Plaintiffs’ invoices for work done or to be performed at Insureds’ Property located at 105 Westwind Drive, Placida, FL 33946 as a result of the windstorm event described in Plaintiffs’ Complaint. RESPONSE: If there are any denials of insurance coverage being made by Defendant, then copies are requested of any and all applications for insurance, insurance forms, data sheets, correspondence, notices, facsimile, e mails and other documents (defined above) which reference in any way any the insurance policy at issue in this matter. RESPONSE: Copies of any and all correspondence, facsimile, notices, e mails and other documents (defined above) which reference in any way any notices which you provided to either Plaintiffs or Insureds regarding cancellation of the insurance policy at issue in this matter. RESPONSE: Copies of all PORS, Proof of Mailing and other documents (defined above) which reflect in any way mailings made by you to Plaintiffs and/or Insureds regarding cancellation of the policy of insurance at issue in this matter. RESPONSE: All reports and current curriculum vitae from any expert(s) retained for any reason regarding Plaintiffs’ claim. RESPONSE: Any and all e mails, letters, facsimile, and other correspondence regarding any claims made by Plaintiffs and/or Insureds for homeowners’ insurance benefits as a result of the windstorm event on September 29, 2022, including but not limited to, correspondence with experts, independent adjusters, appraisers, inspectors, and any other third party. RESPONSE: All documents reflecting any payment made to any person (defined above) or entity for any reason as a result of the windstorm event described in Plaintiffs’ Complaint on September 29, RESPONSE: All books, treaties or authority used by Defendant’s adjuster in determining what amount to pay or deny regarding Plaintiffs’ invoices and bills. RESPONSE: All writings, memoranda, notes or other materials reflecting examination of the Insureds’ Property by Defendant or its agents. RESPONSE: All proofs of loss received by Defendant from Plaintiffs, Insureds or their representatives (defined above). RESPONSE: All estimates received by Defendant from any source for repairs to Insureds’ Property located at 105 Westwind Drive, Placida, FL 33946. RESPONSE: All Peer reviews or comparative estimates conducted on Plaintiffs’ bills and invoices at issue in this matter. RESPONSE: Defendant’s latest claims manual or statement of policies and procedures on the processing or handling of homeowner’s claims. RESPONSE: Any training manuals, guides and documents which Defendant has provided to its adjusters regarding adjusting windstormdamage claims from September 29, 2022to present. RESPONSE: Copies of previous estimates by anyone conducting a peer review on Plaintiffs’ estimate provided to the Defendant for the work in question in this matter. RESPONSE: All documents showing the total amount paid during the past three years to any third parties providing services, analyses, or opinions with regard to the Insureds’claim. RESPONSE: A copy of the contract/agreement/document (if any) the Defendant has with any preferred contractors or engineers providers who may provide testimony at the trial of this matter. RESPONSE: All documents that relate to the drafting, meaning, and interpretation of any subject language as such terms or provisions are used in the policy at issue. RESPONSE: Pursuant to Fla. R. Civ. P. 1.310(b)(6), please produce three (3) earliest alternative dates for the depositions of the corporate representative(s), field adjuster(s) and desk adjuster(s) with the most knowledge of the claim asserted by the Plaintiffs’ Complaint as well as the individual who was primarily responsible for the decision to deny Plaintiffs’ insurance claims. A designation of the information upon which such examination will proceed will be provided under separate cover. RESPONSE: Copies of any and all notices sent by you or your representatives (defined above) to Plaintiffs and/or Insureds to participate in a mediation program under Fla. Stat.§ 627.7015 and copies of any and all PORS, Proof of Mailing and other documents (defined above) which reflect in any way mailings made by you to Plaintiffs and/or Insureds regarding the same. RESPONSE: Copies of any and all notices sent by you or your representatives (defined above) to Plaintiffs and/or Insureds to participate in an appraisal process under Fla. Stat.§ 627.7015 and copies of any and all PORS, Proof of Mailing and other documents (defined above) which reflect in any way mailings made by you to Plaintiff and/or Insured regarding the same. RESPONSE: The complete underwriting file with regard to Defendant’s issuance of all renewals of insurance on the subject property. RESPONSE: Defendant’s underwriting manual(s) and/or guidelines in effect at the time of the issuance and/or renewals of all policies issued on the subject property. RESPONSE: (Certificate of Service next page) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this document will be served on the Defendant along with a copy of the Summons this action. Dated:May 9, 2023 /s/Corey Justus Corey Justus Esq. Fla.Bar No. 113864 Payne Law,PLLC Jefferson Street Orlando, 32801 Phone: (407) 915-5447 corey@thepaynelaw.com Attorney forPlaintiffs