Preview
Filing # 166789073 E-Filed 02/14/2023 03:21:19 PM
IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT
DUVAL COUNTY, FLORIDA
ANGELA JORDAN & KETERYNA
SHEREMET CASE NO. 16-2022-CA-006036
Plaintiffs,
vs.
SECURITY FIRST INSURANCE
COMPANY,
Defendant.
____________________________________/
DEFENDANT MOTION TO COMPEL DISCOVERY RESPONSE
Defendant, SECURITY FIRST INSURANCE COMPANY, by and through the
undersigned counsel, moves this Court for entry of an Order compelling Plaintiffs, ANGELA
JORDAN and KETERYN SHEREMENT to immediately produce the documents requested by
Defendant’s Request for Production of Documents and Interrogatories propounded December 8,
2022, and in support thereof would show:
1. Plaintiff has failed to respond to the Request for Production and Interrogatories
served on Plaintiff December 8, 2022. A copy of the production request is attached hereto as
Exhibit “A”
2. Plaintiff has failed to object to the Request for Production within the time provided
by the Florida Rules of Civil Procedure and any possible objection should be deemed waived by
this Court.
3. Defendant sent correspondence requesting for the responses to be delivered within
10-days of the email on January 30, 2023. To date, Plaintiff’s counsel has not responded to the
correspondence requesting an extension nor filed its responses. See 10-day letter sent to Plaintiff’s
counsel attached as Exhibit “B”.
4. Plaintiff’s failure to respond to the email and more recent failure to respond to a
proper production request has delayed Defendant’s ability to properly investigate and properly
review the fact of the case.
ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 02/15/2023 01:28:01 PM
5. Counsel for the Defendant certifies that a bona fide effort has been made with
opposing counsel in an effort to resolve this matter before the filing of this motion.
6. Defendant requests that it be awarded reasonable attorney fees and cost relating
to this motion and any subsequent related hearing.
CERTIFICATE OF SERVICE
The document contains no confidential or sensitive information or that any such
confidential or sensitive language has been properly protected by complying with the provisions
of Rules 2.420 and 2.425.
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
Electronic Filing to Attorney for Plaintiff(s), using the Florida Courts e-Filing Portal, which will
send an automatic e-mail message to the listed parties registered with the e-Filing Portal system
on the 14 day of February, 2023.
Attorney for Plaintiff
David R. Heil, Esq. FBN: 435422
DAVID R. HEIL, P.A.
2324 Lee Road
Winter Park, FL 32789
(407) 599-2100
Email: pleadings@heil-law.com david@heil-law.com
By/s/ David. G. Marcus.
David G. Marcus, Esquire
1001 Broadway Avenue
Ormond Beach, Florida 32174
Florida Bar No. 1017428
Primary E-Mail: David.Marcus@securityfirstflorida.com
Secondary E-Mail: Cathy.Myers@securityfirstflorida.com
Alternate E-Mail: Veronica.Hatch@securityfirstflorida.com
Attorney for Defendant
SECURITY FIRST INSURANCE COMPANY
EXHIBIT “A”
Filing # 162651162 E-Filed 12/08/2022 12:28:14 PM
IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT
DUVAL COUNTY, FLORIDA
ANGELA JORDAN & KETERYNA
SHEREMET CASE NO. 16-2022-CA-006036
Plaintiffs,
vs.
SECURITY FIRST INSURANCE
COMPANY,
Defendant.
____________________________________/
DEFENDANT’S REQUEST FOR PRODUCTION TO PLAINTIFFS’
Defendant, SECURITY FIRST INSURANCE COMPANY (hereinafter “Defendant”),
through counsel and pursuant to Rule 1.350 of the Florida Rules of Civil Procedure, propounds
this Request for Production upon Plaintiff. Plaintiff is to respond to this Request for Production
in writing and to produce for inspection, copying, and/or photographing certain documents
requested within thirty (30) days:
DEFINITIONS
1. “Calendar Year” means that period of time that begins at 12:01 a.m. on January 1 of any
given year and ends at 11:59 pm. on December 31 of that year.
2. “Claim” means the insurance claim that Plaintiff(s) (as defined herein) reported to
Defendant (as defined herein) and that serves as a basis for any causes of action asserted against
Defendant in this action.
3. “Claimed Cause of Loss” means the event and/or reason that You (as defined herein)
are claiming that the Property (as defined herein) was damaged.
4. “Concerning”, “concern,” or any other derivative thereof as used herein, shall be
construed as referring to, responding to, relating to, pertaining to, connected with, comprising,
memorializing, commenting on, substantiating, regarding, discussing, showing, describing,
reflecting, analyzing, and constituting.
5. “Control” means having possession of and/or the power and/or authority to request
possession of the subject matter or a copy thereof, or direct the possession, movement, transfer or
other disposition of the subject property or document.
Page 2 of 5
6. “Date” means the exact date (including day, month, and year). If the exact day, month,
and year is not ascertainable, then the best available approximation of the exact day, month, and
year.
7. “Defendant” means Security First Insurance Company.
8. “Document” or “documents” means anything which may be considered to be a document
or tangible thing within the meaning of Fla. R. Civ. P. 1.350 and means any and all correspondence,
records, reports, memoranda, notes, letters, telegrams, emails, voicemails, telexes, texts, messages
(including, but not limited to, memos, notes and/or reports of telephone conversations and
conferences), studies, analyses, books, magazines, newspapers, publications, booklets, pamphlets,
circulars, bulletins, instructions, minutes, or other communications (including, but not limited to,
interoffice and intra-office communications), questionnaires, surveys, contracts, memoranda of
agreements, assignments, books of account, journals, ledgers, summaries, opinions, estimates,
reports, evaluations, financial statements and all records of or reflecting business operations,
mortgages, evaluations, orders, working papers, bills of lading, shipping lists, load sheets,
warehouse receipts, letters of credit, insurance policies, records of summaries of personal interviews
or conversations, appointment calendars, diaries, schedules, printouts, drawings, specifications,
patents, patent applications, certificates of registration, applications for registration, graphs, charts,
studies, planning materials, statistical statements and compilations, forecasts, work papers, invoices,
statements, bills, checks, bank books, bank statements, forms, vouchers, notebooks, data sheets,
microfilm, microfiche, photographic negatives, audio tape, video tape, compact disks, blueprints,
specifications, architectural diagrams, schematics, logic diagrams, timing diagrams, pictures,
photographs, microscopically obtained photographs, test results, belts, tapes, magnetic tapes, paper
tapes, plotter output recordings, discs, data cards, films, data processing files, computer files and
other computer readable records or programs and all other written, printed or recorded matter of any
kind, and all other data compilations from which information can be obtained, and translated, if
necessary, and all originals, drafts and copies thereof. Any documents bearing any marks
including, but not limited to, initials, stamped indicia, comments, or notations, of any kind that
are not a part of the original text or photographic reproduction thereof are to be considered and
identified as separate documents.
9. “Dwelling” means the physical dwelling located at the Property (as defined herein).
10. “Property” means the real property specifically listed on the declarations page of the
Policy (as defined herein).
11. “Other Structures” means any structures located at the Property that are set apart from
and/or not connected to the Dwelling including, but not limited to, those structures connected
only by a fence, utility line, and/or similar connection.
12. “Person” or “Persons” shall mean any natural person or any legal entity including, but not
limited to, a corporation, partnership and unincorporated association, firm, joint venture,
proprietorship, and/or any other entity or group of natural persons or such entities, singular or plural,
male, female, or neuter gender, as the context may require, and any officer.
13. “Plaintiff(s)” means any person and/or entity named as a plaintiff(s) in this action.
Page 3 of 5
14. “Policy” means the insurance policy that serves as a basis for any causes of action
asserted against Defendant in this lawsuit.
15. “Related to”, “relating to”, and “relate to” shall include pertaining to, referring to,
relevant to, supporting, contradicting, mentioning, evidencing, discussing or otherwise involving,
whether directly or indirectly, the subject matter of the specified request.
16. “Written Communication” or “correspondence” means the conveyance of information
by a writing, whether by letters, e-mails, memoranda, handwritten notes and/or faxes, text
messages and direct messages.
17. “Witness Statement” or “Statement” means a statement of any person with knowledge
of relevant facts, regardless of when the statement was made, and is either (i) a written statement
signed or otherwise adopted and/or approved in writing by the person making it; or, (ii) a
stenographic, mechanical, electrical, and/or other type of recording of a person’s oral statement
and/or any substantially verbatim transcript of such recording.
18. “You” or “Your” means the specific party responding to these requests and/or any person
and/or entity named as a Plaintiff in this action.
19. “Your Counsel” means the attorney or attorneys who are representing or have
represented you either with regard to the claim or in this lawsuit.
REQUEST FOR PRODUCTION
1. Copies of all reports, drafts, charts, drawings, diagrams, and memoranda and/or results
of any testing showing or intending to show the cause for the alleged damage to the
property as asserted in the Complaint.
2. Copies of all repair estimates, contracts and invoices with respect to the alleged damages
to the property as claimed in the Complaint.
3. Copies of all photographs or videotape taken of any alleged damaged property (both
interior and exterior) that Plaintiffs refer to in their Complaint for the property for the
five (5) years prior to the alleged date of loss.
4. Copies of all invoices, receipts, cancelled checks, documents or other proofs of payment
for repairs or renovations made to the property for the seven (7) years prior to the date of
loss as referenced in the Complaint.
5. Copies of all documents pertaining to any and any insurance claims filed with respect to
the property for ten (10) years prior to the date of loss.
6. Copies of all photographs or videotape taken of any alleged damaged property (both
interior and exterior) that Plaintiffs refer to in the Complaint for the property which were
taken after the alleged date of loss.
7. Copies of all correspondence Plaintiffs sent to Defendant with regard to Plaintiffs claim
Page 4 of 5
or the allegations contained within Plaintiffs Complaint.
8. Copies of all correspondence and documents exchanged between Plaintiffs and any and
all public adjuster(s) retained to inspect, examine or survey the property since the date of
loss.
9. Copies of all correspondence and documents exchanged between Plaintiffs and any and
all experts retained to inspect, examine or survey the Property since the alleged date of
loss.
10. Copies of any and all documents or correspondence between Plaintiffs and any other
party regarding the damages claimed, including any and all State and Federal agencies,
programs or departments including, but not limited to, the Property’s County Permit
Department, Building Services, and/or Zoning.
11. Copies of all correspondence or documents exchanged between Plaintiffs and any
person identifying the cause of the damages alleged in Plaintiffs Complaint.
12. Any and all copies invoices, cancelled checks or other evidence of payment for
repairs or renovations made by any person or entity to Plaintiffs for damages to the
property after the alleged date of loss.
13. Copies of all documents related to inspections, appraisals and investigations for the
Property prior to the date of purchase.
14. Copies of all applications and documents related to permit requests and approvals
for any renovation or repair work to be performed at Property since the time Plaintiffs
acquired said property.
15. Copies of documents supporting Plaintiffs claim for damages to the Property pursuant to
the Policy set forth in this matter that have not already been produced in response to the
requests above.
16. Copies of any records showing efforts taken since the date of loss to prevent further
damage to the property.
17. Copies of any Sworn proof of loss provided by Plaintiff to Defendant for the subject
claim.
18. A copy of the retainer agreement and/or other agreement for compensation between You
and any general contractor that You retained in connection with this action.
19. Copies of any permits, permit applications, architectural drawings and/or renderings,
engineering reports, contracts, change orders, invoices, status updates, and evidence of
payment for any repairs and/or renovations to the Property from the Date of the Claimed
Cause of Loss to the Date of responding to these production requests.
Page 5 of 5
20. Copies of all inspections, estimates, appraisals, due diligence reports, and/or
investigation records concerning and/or relating to the Property from the Date that You
purchased the Property to the Date of the Claimed Cause of Loss.
21. Copies of any permits, permit applications, architectural drawings and/or renderings,
engineering reports, contracts, change orders, invoices, status updates, and evidence of
payment for any repairs and/or renovations to the Property from the Date that You
purchased the Property to the Date of the Claimed Cause of Loss.
22. A copy of the retainer agreement and/or other agreement for compensation between You
and any emergency mitigation services individual and/or company that You retained in
connection with this action.
23. Copies of all correspondences and/or documents exchanged between Plaintiff and any
public adjuster; general contractor; mold testing individual and/or company; mold
remediation individual and/or company; emergency mitigation services individual
and/or company; and/or, expert witness retained to inspect, examine, survey, and/or
perform services at the Property from the Date of the Claimed Cause of Loss to the Date
of responding to these production requests.
CERTIFICATE OF SERVICE
The document contains no confidential or sensitive information or that any such
confidential or sensitive language has been properly protected by complying with the provisions
of Rule 2.420 and 2.425.
I HEREBY CERTIFY that a true and correct copy of the foregoing Defendant’s First
Request for Production of Documents has been furnished by Electronic Filing to Attorney for
Plaintiff using the Florida Courts e-Filing Portal, which will send an automatic e-mail message to
the listed parties registered with the e-Filing Portal system on the 8 day of December, 2022.
Attorney for Plaintiff
David R. Heil, Esq. FBN: 435422
DAVID R. HEIL, P.A.
2324 Lee Road
Winter Park, FL 32789
(407) 599-2100
Email: pleadings@heil-law.com david@heil-law.com
By/s/ David. G. Marcus.
David G. Marcus, Esquire
1001 Broadway Avenue
Ormond Beach, Florida 32174
Florida Bar No. 1017428
Primary E-Mail: David.Marcus@securityfirstflorida.com
Secondary E-Mail: Cathy.Myers@securityfirstflorida.com
Alternate E-Mail: Veronica.Hatch@securityfirstflorida.com
Attorney for Defendant
SECURITY FIRST INSURANCE COMPANY
Filing # 162651162 E-Filed 12/08/2022 12:28:14 PM
IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT
DUVAL COUNTY, FLORIDA
ANGELA JORDAN & KETERYNA
SHEREMET CASE NO. 16-2022-CA-006036
Plaintiffs,
vs.
SECURITY FIRST INSURANCE
COMPANY,
Defendant.
____________________________________/
DEFENDANT’S FIRST SET OF INTERROGATORIES TO PLAINTIFFS’
Defendant, SECURITY FIRST INSURANCE COMPANY (hereinafter “Defendant”),
through counsel and pursuant to Rule 1.340 of the Florida Rules of Civil Procedure, propounds
this set of Interrogatories upon Plaintiffs. Plaintiffs are to answer this set of Interrogatories in
writing, under oath, within the time specified under the Florida Rules of Civil Procedure.
CERTIFICATE OF SERVICE
The document contains no confidential or sensitive information or that any such
confidential or sensitive language has been properly protected by complying with the provisions
of Rule 2.420 and 2.425.
I HEREBY CERTIFY that a true and correct copy of the foregoing Defendant’s First
Request for Production of Documents has been furnished by Electronic Filing to Attorney for
Plaintiff using the Florida Courts e-Filing Portal, which will send an automatic e-mail message to
the listed parties registered with the e-Filing Portal system on the 8 day of December, 2022.
Attorney for Plaintiff
David R. Heil, Esq. FBN: 435422
DAVID R. HEIL, P.A.
2324 Lee Road
Winter Park, FL 32789
(407) 599-2100
Email: pleadings@heil-law.com david@heil-law.com
By: /s/ David G. Marcus
Rolanda Nicolas, Esquire
Florida Bar No.: 117428
Primary Email: David.Marcus@securityfirstflorida.com
Secondary Email: Cathy.Myers@SecurityFirstFlorida.com
Alternate Email: Veronica.Hatch@SecurityFirstFlorida.com
Attorney for Defendant
Page 2 of 8
DEFINITIONS
1. “Calendar Year” means that period of time that begins at 12:01 a.m. on January 1 of any
given year and ends at 11:59 pm. on December 31 of that year.
2. “Claim” means the insurance claim that Plaintiff(s) (as defined herein) reported to
Defendant (as defined herein) and that serves as a basis for any causes of action asserted against
Defendant in this action.
3. “Claimed Cause of Loss” means the event and/or reason that You (as defined herein)
are claiming that the Property (as defined herein) was damaged.
4. “Concerning”, “concern,” or any other derivative thereof as used herein, shall be
construed as referring to, responding to, relating to, pertaining to, connected with, comprising,
memorializing, commenting on, substantiating, regarding, discussing, showing, describing,
reflecting, analyzing, and constituting.
5. “Control” means having possession of and/or the power and/or authority to request
possession of the subject matter or a copy thereof, or direct the possession, movement, transfer or
other disposition of the subject property or document.
6. “Date” means the exact date (including day, month, and year). If the exact day, month,
and year is not ascertainable, then the best available approximation of the exact day, month, and
year.
7. “Defendant” means Security First Insurance Company.
8. “Document” or “documents” means anything which may be considered to be a document
or tangible thing within the meaning of Fla. R. Civ. P. 1.350 and means any and all correspondence,
records, reports, memoranda, notes, letters, telegrams, emails, voicemails, telexes, texts, messages
(including, but not limited to, memos, notes and/or reports of telephone conversations and
conferences), studies, analyses, books, magazines, newspapers, publications, booklets, pamphlets,
circulars, bulletins, instructions, minutes, or other communications (including, but not limited to,
interoffice and intra-office communications), questionnaires, surveys, contracts, memoranda of
agreements, assignments, books of account, journals, ledgers, summaries, opinions, reports,
evaluations, financial statements and all records of or reflecting business operations, mortgages,
evaluations, orders, working papers, bills of lading, shipping lists, load sheets, warehouse receipts,
letters of credit, insurance policies, records of summaries of personal interviews or conversations,
appointment calendars, diaries, schedules, printouts, drawings, specifications, patents, patent
applications, certificates of registration, applications for registration, graphs, charts, studies,
planning materials, statistical statements and compilations, forecasts, work papers, invoices,
statements, bills, checks, bank books, bank statements, forms, vouchers, notebooks, data sheets,
microfilm, microfiche, photographic negatives, audio tape, video tape, compact disks, blueprints,
specifications, architectural diagrams, schematics, logic diagrams, timing diagrams, pictures,
photographs, microscopically obtained photographs, test results, belts, tapes, magnetic tapes, paper
tapes, plotter output recordings, discs, data cards, films, data processing files, computer files and
other computer readable records or programs and all other written, printed or recorded matter of any
Page 3 of 8
kind, and all other data compilations from which information can be obtained, and translated, if
necessary, and all originals, drafts and copies thereof. Any documents bearing any marks
including, but not limited to, initials, stamped indicia, comments, or notations, of any kind that
are not a part of the original text or photographic reproduction thereof are to be considered and
identified as separate documents.
9. “Dwelling” means the physical dwelling located at the Property (as defined herein).
10. “Property” means the real property specifically listed on the declarations page of the
Policy (as defined herein).
11. “Other Structures” means any structures located at the Property that are set apart from
and/or not connected to the Dwelling including, but not limited to, those structures connected
only by a fence, utility line, and/or similar connection.
12. “Person” or “Persons” shall mean any natural person or any legal entity including, but not
limited to, a corporation, partnership and unincorporated association, firm, joint venture,
proprietorship, and/or any other entity or group of natural persons or such entities, singular or plural,
male, female, or neuter gender, as the context may require, and any officer.
13. “Plaintiff(s)” means any person and/or entity named as a plaintiff(s) in this action.
14. “Policy” means the insurance policy that serves as a basis for any causes of action
asserted against Defendant in this lawsuit.
15. “Related to”, “relating to”, and “relate to” shall include pertaining to, referring to,
relevant to, supporting, contradicting, mentioning, evidencing, discussing or otherwise involving,
whether directly or indirectly, the subject matter of the specified request.
16. “Written Communication” or “correspondence” means the conveyance of information
by a writing, whether by letters, e-mails, memoranda, handwritten notes and/or faxes, text
messages and direct messages.
17. “Witness Statement” or “Statement” means a statement of any person with knowledge
of relevant facts, regardless of when the statement was made, and is either (i) a written statement
signed or otherwise adopted and/or approved in writing by the person making it; or, (ii) a
stenographic, mechanical, electrical, and/or other type of recording of a person’s oral statement
and/or any substantially verbatim transcript of such recording.
18. “You” or “Your” means the specific party responding to these requests and/or any person
and/or entity named as a Plaintiff in this action.
19. “Your Counsel” means the attorney or attorneys who are representing or have
represented you either with regard to the claim or in this lawsuit.
Page 4 of 8
INTERROGATORIES
In accordance with Rule 1.340(e) of the Fla. R. Civ. P., space has been provided after each
interrogatory for a response to be inserted. However, if more space is needed, “the answering
party may attach additional documents with answers and refer to them in the space provided
in the interrogatories.” See, Fla. R. Civ. P. 1.340(e).
1. Please state the name and address of the person answering these Interrogatories and the
name and address of any person assisting in preparing responses to these Interrogatories.
RESPONSE:
2. Please state all facts upon which you base the contention that the damage(s) sustained to
the Plaintiff’s property is covered under the subject insurance policy.
RESPONSE:
3. Please provide the name, address, telephone number, email, place of employment, and
job title of any person who has, claims to have, or whom You, Your agents, and/or Your
Counsel believe to have knowledge and/or information relating to any fact and/or
allegation in the lawsuit that You filed against Security First Insurance Company or
relating to any fact underlying the subject matter of this action.
RESPONSE:
4. Please state the name and address of every person known to you, your agents or your
attorneys, who have knowledge about or possession, custody or control of any model,
plat, map, drawing, motion picture, videotape, or photograph pertaining to any fact or
issue involved in this controversy; please describe as each what items such individual(s)
have, the name and address of the party who took or prepared it and the date it was taken
or prepared.
RESPONSE:
5. Please state the name and address of every individual who has conducted an
investigation, adjustment or evaluation of the property alleged to be damaged in your
Complaint, to determine the cause of the alleged damage for which you seek insurance
coverage.
RESPONSE:
6. Please state the amount for each item of damage to the dwelling, contents or for
additional living expenses that you are claiming in the Complaint and provide an
explanation for the computation of each item of damage.
Page 5 of 8
RESPONSE:
7. Please state if the property is within and/or part of an organization, subdivision, and/or
planned community such as a homeowner’s association that makes and enforces rules for
the properties and resident? Is yes, please provide the name(s) of said HOA.
RESPONSE:
8. Please indicate whether you have ever filed any insurance claims up to the last ten (10)
years before the date of loss and after the loss and before the filing of the subject lawsuit,
to recover for damages to repair or replace any part of the Property. If so, please identify
the nature of the claim(s), including the scope of areas damaged, and the insurer and
date(s) of the claim.
RESPONSE:
9. Please indicate if any of the damages you claim recovery for in your Complaint were
insured by you pursuant to any other insurance policies prior to the issuance of the
Security First Insurance Company policy at issue. If so, please name the insurance
carrier and the applicable policy periods.
RESPONSE:
10. Please identify the initial date and time that the alleged damage(s) claimed in the lawsuit
occurred to the Property, including a description of the nature of the damage.
RESPONSE:
11. Please list all damages discovered on the date referenced in Interrogatory 10 and identify
the individual that discovered the damage.
RESPONSE:
12. Please identify all repairs, renovations or maintenance work on the areas of the Property
that you are claiming were damaged, since the time Plaintiff(s) purchased the property,
including the nature of the work and the party performing the work.
RESPONSE:
13. Please identify when the roof on the Property was installed, including the cost and who
did the installation prior to the date of loss as referenced in Plaintiff(s) Complaint.
RESPONSE:
14. Please state all actions or measures taken by you or anyone on your behalf to protect the
Property you claim was damaged from further damage between the date of loss and
reporting said loss to the Defendant.
Page 6 of 8
RESPONSE:
15. Please identify all companies or individuals that inspected the Property after the date of
loss as alleged in the Complaint.
RESPONSE:
16. Please identify all persons/companies that inspected and/or appraised the Property at the
time of, or before your purchase of the Property.
RESPONSE:
17. Please describe all documents, including correspondences, received by Plaintiff or
Plaintiff’s representatives from Security First Insurance Company before the date of loss
during the policy period of when the date of loss occurred.
RESPONSE:
18. Please describe all damages that existed at the Property at the time of purchase.
RESPONSE:
19. Please state which, if any of the damages listed in response to number 18 above were
repaired after purchase of the Property, including the name of the person or company
who performed the repair(s).
RESPONSE:
20. Please state the dates you, including your representatives, received requests from Security
First Insurance Company to provide any type of documents or records for the insurance
claim related to the subject lawsuit; and include the dates and manner in which you
responded to Security First Insurance Company’s requests to provide documents or
records for the insurance claim related to the subject lawsuit.
RESPONSE:
21. Please describe all repairs or renovations done to any property you claim was damaged as
a result of the loss described in your Complaint, including the date the repairs or
renovations were done and the name of the person(s) completing the repairs or
renovations. The time period for this request is from the date you purchased the Property
to present.
RESPONSE:
22. Please list all areas in the interior of the subject property that were affected by water
damage from the roof, window(s), or door(s) of the property and describe any documents
or photos Plaintiff(s) provided to Defendant to show such damage.
Page 7 of 8
RESPONSE:
23. Please provide the name(s) of all persons who have resided at the Property from one year
prior to date of loss and up to said date of loss.
RESPONSE:
Page 8 of 8
VERIFICATION OF RESPONSES TO INTERROGATORIES
I have read and reviewed the foregoing responses to the above-listed interrogatories in
their entirety. I understand that I am swearing or affirming under oath to the truthfulness of the
foregoing responses to the above-listed interrogatories and that the punishment for knowingly
making a false statement includes fines and/or imprisonment.
By: ____________________________________
Name: ____________________________________
Title: ____________________________________
STATE OF FLORIDA }
}
COUNTY OF }
BEFORE ME, the undersigned authority, personally appeared
______________________
who is personally known to me being first duly sworn according to law, deposes and says that
she/he executed the foregoing Verified Answers to Defendant’s First Set of Interrogatories and
that they are true and correct to the best of his/her knowledge and belief.
IN WITNESS WHEREORE, I have hereunto set my hand and affixed the seal of my
office; in the County and State last aforesaid, this ____ day of ___________________, 2022.
________________________________
NOTARY PUBLIC
State of Florida
My Commission expires:
EXHIBIT “B”
Staff Counsel Office
1001 Broadway Avenue
Ormond Beach, Florida 32174
January 30, 2023
VIA EMAIL
David R. Heil, Esq.
david@heil-law.com
pleadings@heil-law.com
Re: Angela Jordan & Keteryna Sheremet v. Security First Insurance Company
Case # 1-2022-CA-006036
Claim # 231233
Dear Mr. Heil:
In reviewing our file, it appears that we have not received Plaintiffs responses to Defendant’s
Interrogatories, Request for Production served to Plaintiff on or around December 8, 2022.
Kindly provide responses to this request within ten (10) days to avoid the necessity of Defendant
filing a motion to compel. Please consider this correspondence as a good faith attempt to resolve this
discovery dispute. Should you have any questions or concerns, or if you feel that this letter was sent in
error, please do not hesitate to contact my office.
Thank you in advance for your anticipated cooperation.
David Marcus, Esq.
Managing Attorney
Security First Insurance Company
1001 Broadway Avenue
Ormond Beach, Florida 32714
David.Marcus@securityfirstflorida.com
Cathy.Myers@SecurityFirstFlorida.com
Veronica.Hatch@SecurityFirstFlorida.com
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Filing # 166789073 E-Filed 02/14/2023 03:21:19 PM IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT DUVAL COUNTY, FLORIDA ANGELA JORDAN & KETERYNA SHEREMET CASE NO. 16-2022-CA-006036 Plaintiffs, vs. SECURITY FIRST INSURANCE COMPANY, Defendant. ____________________________________/ DEFENDANT MOTION TO COMPEL DISCOVERY RESPONSE Defendant, SECURITY FIRST INSURANCE COMPANY, by and through the undersigned counsel, moves this Court for entry of an Order compelling Plaintiffs, ANGELA JORDAN and KETERYN SHEREMENT to immediately produce the documents requested by Defendant’s Request for Production of Documents and Interrogatories propounded December 8, 2022, and in support thereof would show: 1. Plaintiff has failed to respond to the Request for Production and Interrogatories served on Plaintiff December 8, 2022. A copy of the production request is attached hereto as Exhibit “A” 2. Plaintiff has failed to object to the Request for Production within the time provided by the Florida Rules of Civil Procedure and any possible objection should be deemed waived by this Court. 3. Defendant sent correspondence requesting for the responses to be delivered within 10-days of the email on January 30, 2023. To date, Plaintiff’s counsel has not responded to the correspondence requesting an extension nor filed its responses. See 10-day letter sent to Plaintiff’s counsel attached as Exhibit “B”. 4. Plaintiff’s failure to respond to the email and more recent failure to respond to a proper production request has delayed Defendant’s ability to properly investigate and properly review the fact of the case. ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 02/15/2023 01:28:01 PM 5. Counsel for the Defendant certifies that a bona fide effort has been made with opposing counsel in an effort to resolve this matter before the filing of this motion. 6. Defendant requests that it be awarded reasonable attorney fees and cost relating to this motion and any subsequent related hearing. CERTIFICATE OF SERVICE The document contains no confidential or sensitive information or that any such confidential or sensitive language has been properly protected by complying with the provisions of Rules 2.420 and 2.425. I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by Electronic Filing to Attorney for Plaintiff(s), using the Florida Courts e-Filing Portal, which will send an automatic e-mail message to the listed parties registered with the e-Filing Portal system on the 14 day of February, 2023. Attorney for Plaintiff David R. Heil, Esq. FBN: 435422 DAVID R. HEIL, P.A. 2324 Lee Road Winter Park, FL 32789 (407) 599-2100 Email: pleadings@heil-law.com david@heil-law.com By/s/ David. G. Marcus. David G. Marcus, Esquire 1001 Broadway Avenue Ormond Beach, Florida 32174 Florida Bar No. 1017428 Primary E-Mail: David.Marcus@securityfirstflorida.com Secondary E-Mail: Cathy.Myers@securityfirstflorida.com Alternate E-Mail: Veronica.Hatch@securityfirstflorida.com Attorney for Defendant SECURITY FIRST INSURANCE COMPANY EXHIBIT “A” Filing # 162651162 E-Filed 12/08/2022 12:28:14 PM IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT DUVAL COUNTY, FLORIDA ANGELA JORDAN & KETERYNA SHEREMET CASE NO. 16-2022-CA-006036 Plaintiffs, vs. SECURITY FIRST INSURANCE COMPANY, Defendant. ____________________________________/ DEFENDANT’S REQUEST FOR PRODUCTION TO PLAINTIFFS’ Defendant, SECURITY FIRST INSURANCE COMPANY (hereinafter “Defendant”), through counsel and pursuant to Rule 1.350 of the Florida Rules of Civil Procedure, propounds this Request for Production upon Plaintiff. Plaintiff is to respond to this Request for Production in writing and to produce for inspection, copying, and/or photographing certain documents requested within thirty (30) days: DEFINITIONS 1. “Calendar Year” means that period of time that begins at 12:01 a.m. on January 1 of any given year and ends at 11:59 pm. on December 31 of that year. 2. “Claim” means the insurance claim that Plaintiff(s) (as defined herein) reported to Defendant (as defined herein) and that serves as a basis for any causes of action asserted against Defendant in this action. 3. “Claimed Cause of Loss” means the event and/or reason that You (as defined herein) are claiming that the Property (as defined herein) was damaged. 4. “Concerning”, “concern,” or any other derivative thereof as used herein, shall be construed as referring to, responding to, relating to, pertaining to, connected with, comprising, memorializing, commenting on, substantiating, regarding, discussing, showing, describing, reflecting, analyzing, and constituting. 5. “Control” means having possession of and/or the power and/or authority to request possession of the subject matter or a copy thereof, or direct the possession, movement, transfer or other disposition of the subject property or document. Page 2 of 5 6. “Date” means the exact date (including day, month, and year). If the exact day, month, and year is not ascertainable, then the best available approximation of the exact day, month, and year. 7. “Defendant” means Security First Insurance Company. 8. “Document” or “documents” means anything which may be considered to be a document or tangible thing within the meaning of Fla. R. Civ. P. 1.350 and means any and all correspondence, records, reports, memoranda, notes, letters, telegrams, emails, voicemails, telexes, texts, messages (including, but not limited to, memos, notes and/or reports of telephone conversations and conferences), studies, analyses, books, magazines, newspapers, publications, booklets, pamphlets, circulars, bulletins, instructions, minutes, or other communications (including, but not limited to, interoffice and intra-office communications), questionnaires, surveys, contracts, memoranda of agreements, assignments, books of account, journals, ledgers, summaries, opinions, estimates, reports, evaluations, financial statements and all records of or reflecting business operations, mortgages, evaluations, orders, working papers, bills of lading, shipping lists, load sheets, warehouse receipts, letters of credit, insurance policies, records of summaries of personal interviews or conversations, appointment calendars, diaries, schedules, printouts, drawings, specifications, patents, patent applications, certificates of registration, applications for registration, graphs, charts, studies, planning materials, statistical statements and compilations, forecasts, work papers, invoices, statements, bills, checks, bank books, bank statements, forms, vouchers, notebooks, data sheets, microfilm, microfiche, photographic negatives, audio tape, video tape, compact disks, blueprints, specifications, architectural diagrams, schematics, logic diagrams, timing diagrams, pictures, photographs, microscopically obtained photographs, test results, belts, tapes, magnetic tapes, paper tapes, plotter output recordings, discs, data cards, films, data processing files, computer files and other computer readable records or programs and all other written, printed or recorded matter of any kind, and all other data compilations from which information can be obtained, and translated, if necessary, and all originals, drafts and copies thereof. Any documents bearing any marks including, but not limited to, initials, stamped indicia, comments, or notations, of any kind that are not a part of the original text or photographic reproduction thereof are to be considered and identified as separate documents. 9. “Dwelling” means the physical dwelling located at the Property (as defined herein). 10. “Property” means the real property specifically listed on the declarations page of the Policy (as defined herein). 11. “Other Structures” means any structures located at the Property that are set apart from and/or not connected to the Dwelling including, but not limited to, those structures connected only by a fence, utility line, and/or similar connection. 12. “Person” or “Persons” shall mean any natural person or any legal entity including, but not limited to, a corporation, partnership and unincorporated association, firm, joint venture, proprietorship, and/or any other entity or group of natural persons or such entities, singular or plural, male, female, or neuter gender, as the context may require, and any officer. 13. “Plaintiff(s)” means any person and/or entity named as a plaintiff(s) in this action. Page 3 of 5 14. “Policy” means the insurance policy that serves as a basis for any causes of action asserted against Defendant in this lawsuit. 15. “Related to”, “relating to”, and “relate to” shall include pertaining to, referring to, relevant to, supporting, contradicting, mentioning, evidencing, discussing or otherwise involving, whether directly or indirectly, the subject matter of the specified request. 16. “Written Communication” or “correspondence” means the conveyance of information by a writing, whether by letters, e-mails, memoranda, handwritten notes and/or faxes, text messages and direct messages. 17. “Witness Statement” or “Statement” means a statement of any person with knowledge of relevant facts, regardless of when the statement was made, and is either (i) a written statement signed or otherwise adopted and/or approved in writing by the person making it; or, (ii) a stenographic, mechanical, electrical, and/or other type of recording of a person’s oral statement and/or any substantially verbatim transcript of such recording. 18. “You” or “Your” means the specific party responding to these requests and/or any person and/or entity named as a Plaintiff in this action. 19. “Your Counsel” means the attorney or attorneys who are representing or have represented you either with regard to the claim or in this lawsuit. REQUEST FOR PRODUCTION 1. Copies of all reports, drafts, charts, drawings, diagrams, and memoranda and/or results of any testing showing or intending to show the cause for the alleged damage to the property as asserted in the Complaint. 2. Copies of all repair estimates, contracts and invoices with respect to the alleged damages to the property as claimed in the Complaint. 3. Copies of all photographs or videotape taken of any alleged damaged property (both interior and exterior) that Plaintiffs refer to in their Complaint for the property for the five (5) years prior to the alleged date of loss. 4. Copies of all invoices, receipts, cancelled checks, documents or other proofs of payment for repairs or renovations made to the property for the seven (7) years prior to the date of loss as referenced in the Complaint. 5. Copies of all documents pertaining to any and any insurance claims filed with respect to the property for ten (10) years prior to the date of loss. 6. Copies of all photographs or videotape taken of any alleged damaged property (both interior and exterior) that Plaintiffs refer to in the Complaint for the property which were taken after the alleged date of loss. 7. Copies of all correspondence Plaintiffs sent to Defendant with regard to Plaintiffs claim Page 4 of 5 or the allegations contained within Plaintiffs Complaint. 8. Copies of all correspondence and documents exchanged between Plaintiffs and any and all public adjuster(s) retained to inspect, examine or survey the property since the date of loss. 9. Copies of all correspondence and documents exchanged between Plaintiffs and any and all experts retained to inspect, examine or survey the Property since the alleged date of loss. 10. Copies of any and all documents or correspondence between Plaintiffs and any other party regarding the damages claimed, including any and all State and Federal agencies, programs or departments including, but not limited to, the Property’s County Permit Department, Building Services, and/or Zoning. 11. Copies of all correspondence or documents exchanged between Plaintiffs and any person identifying the cause of the damages alleged in Plaintiffs Complaint. 12. Any and all copies invoices, cancelled checks or other evidence of payment for repairs or renovations made by any person or entity to Plaintiffs for damages to the property after the alleged date of loss. 13. Copies of all documents related to inspections, appraisals and investigations for the Property prior to the date of purchase. 14. Copies of all applications and documents related to permit requests and approvals for any renovation or repair work to be performed at Property since the time Plaintiffs acquired said property. 15. Copies of documents supporting Plaintiffs claim for damages to the Property pursuant to the Policy set forth in this matter that have not already been produced in response to the requests above. 16. Copies of any records showing efforts taken since the date of loss to prevent further damage to the property. 17. Copies of any Sworn proof of loss provided by Plaintiff to Defendant for the subject claim. 18. A copy of the retainer agreement and/or other agreement for compensation between You and any general contractor that You retained in connection with this action. 19. Copies of any permits, permit applications, architectural drawings and/or renderings, engineering reports, contracts, change orders, invoices, status updates, and evidence of payment for any repairs and/or renovations to the Property from the Date of the Claimed Cause of Loss to the Date of responding to these production requests. Page 5 of 5 20. Copies of all inspections, estimates, appraisals, due diligence reports, and/or investigation records concerning and/or relating to the Property from the Date that You purchased the Property to the Date of the Claimed Cause of Loss. 21. Copies of any permits, permit applications, architectural drawings and/or renderings, engineering reports, contracts, change orders, invoices, status updates, and evidence of payment for any repairs and/or renovations to the Property from the Date that You purchased the Property to the Date of the Claimed Cause of Loss. 22. A copy of the retainer agreement and/or other agreement for compensation between You and any emergency mitigation services individual and/or company that You retained in connection with this action. 23. Copies of all correspondences and/or documents exchanged between Plaintiff and any public adjuster; general contractor; mold testing individual and/or company; mold remediation individual and/or company; emergency mitigation services individual and/or company; and/or, expert witness retained to inspect, examine, survey, and/or perform services at the Property from the Date of the Claimed Cause of Loss to the Date of responding to these production requests. CERTIFICATE OF SERVICE The document contains no confidential or sensitive information or that any such confidential or sensitive language has been properly protected by complying with the provisions of Rule 2.420 and 2.425. I HEREBY CERTIFY that a true and correct copy of the foregoing Defendant’s First Request for Production of Documents has been furnished by Electronic Filing to Attorney for Plaintiff using the Florida Courts e-Filing Portal, which will send an automatic e-mail message to the listed parties registered with the e-Filing Portal system on the 8 day of December, 2022. Attorney for Plaintiff David R. Heil, Esq. FBN: 435422 DAVID R. HEIL, P.A. 2324 Lee Road Winter Park, FL 32789 (407) 599-2100 Email: pleadings@heil-law.com david@heil-law.com By/s/ David. G. Marcus. David G. Marcus, Esquire 1001 Broadway Avenue Ormond Beach, Florida 32174 Florida Bar No. 1017428 Primary E-Mail: David.Marcus@securityfirstflorida.com Secondary E-Mail: Cathy.Myers@securityfirstflorida.com Alternate E-Mail: Veronica.Hatch@securityfirstflorida.com Attorney for Defendant SECURITY FIRST INSURANCE COMPANY Filing # 162651162 E-Filed 12/08/2022 12:28:14 PM IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT DUVAL COUNTY, FLORIDA ANGELA JORDAN & KETERYNA SHEREMET CASE NO. 16-2022-CA-006036 Plaintiffs, vs. SECURITY FIRST INSURANCE COMPANY, Defendant. ____________________________________/ DEFENDANT’S FIRST SET OF INTERROGATORIES TO PLAINTIFFS’ Defendant, SECURITY FIRST INSURANCE COMPANY (hereinafter “Defendant”), through counsel and pursuant to Rule 1.340 of the Florida Rules of Civil Procedure, propounds this set of Interrogatories upon Plaintiffs. Plaintiffs are to answer this set of Interrogatories in writing, under oath, within the time specified under the Florida Rules of Civil Procedure. CERTIFICATE OF SERVICE The document contains no confidential or sensitive information or that any such confidential or sensitive language has been properly protected by complying with the provisions of Rule 2.420 and 2.425. I HEREBY CERTIFY that a true and correct copy of the foregoing Defendant’s First Request for Production of Documents has been furnished by Electronic Filing to Attorney for Plaintiff using the Florida Courts e-Filing Portal, which will send an automatic e-mail message to the listed parties registered with the e-Filing Portal system on the 8 day of December, 2022. Attorney for Plaintiff David R. Heil, Esq. FBN: 435422 DAVID R. HEIL, P.A. 2324 Lee Road Winter Park, FL 32789 (407) 599-2100 Email: pleadings@heil-law.com david@heil-law.com By: /s/ David G. Marcus Rolanda Nicolas, Esquire Florida Bar No.: 117428 Primary Email: David.Marcus@securityfirstflorida.com Secondary Email: Cathy.Myers@SecurityFirstFlorida.com Alternate Email: Veronica.Hatch@SecurityFirstFlorida.com Attorney for Defendant Page 2 of 8 DEFINITIONS 1. “Calendar Year” means that period of time that begins at 12:01 a.m. on January 1 of any given year and ends at 11:59 pm. on December 31 of that year. 2. “Claim” means the insurance claim that Plaintiff(s) (as defined herein) reported to Defendant (as defined herein) and that serves as a basis for any causes of action asserted against Defendant in this action. 3. “Claimed Cause of Loss” means the event and/or reason that You (as defined herein) are claiming that the Property (as defined herein) was damaged. 4. “Concerning”, “concern,” or any other derivative thereof as used herein, shall be construed as referring to, responding to, relating to, pertaining to, connected with, comprising, memorializing, commenting on, substantiating, regarding, discussing, showing, describing, reflecting, analyzing, and constituting. 5. “Control” means having possession of and/or the power and/or authority to request possession of the subject matter or a copy thereof, or direct the possession, movement, transfer or other disposition of the subject property or document. 6. “Date” means the exact date (including day, month, and year). If the exact day, month, and year is not ascertainable, then the best available approximation of the exact day, month, and year. 7. “Defendant” means Security First Insurance Company. 8. “Document” or “documents” means anything which may be considered to be a document or tangible thing within the meaning of Fla. R. Civ. P. 1.350 and means any and all correspondence, records, reports, memoranda, notes, letters, telegrams, emails, voicemails, telexes, texts, messages (including, but not limited to, memos, notes and/or reports of telephone conversations and conferences), studies, analyses, books, magazines, newspapers, publications, booklets, pamphlets, circulars, bulletins, instructions, minutes, or other communications (including, but not limited to, interoffice and intra-office communications), questionnaires, surveys, contracts, memoranda of agreements, assignments, books of account, journals, ledgers, summaries, opinions, reports, evaluations, financial statements and all records of or reflecting business operations, mortgages, evaluations, orders, working papers, bills of lading, shipping lists, load sheets, warehouse receipts, letters of credit, insurance policies, records of summaries of personal interviews or conversations, appointment calendars, diaries, schedules, printouts, drawings, specifications, patents, patent applications, certificates of registration, applications for registration, graphs, charts, studies, planning materials, statistical statements and compilations, forecasts, work papers, invoices, statements, bills, checks, bank books, bank statements, forms, vouchers, notebooks, data sheets, microfilm, microfiche, photographic negatives, audio tape, video tape, compact disks, blueprints, specifications, architectural diagrams, schematics, logic diagrams, timing diagrams, pictures, photographs, microscopically obtained photographs, test results, belts, tapes, magnetic tapes, paper tapes, plotter output recordings, discs, data cards, films, data processing files, computer files and other computer readable records or programs and all other written, printed or recorded matter of any Page 3 of 8 kind, and all other data compilations from which information can be obtained, and translated, if necessary, and all originals, drafts and copies thereof. Any documents bearing any marks including, but not limited to, initials, stamped indicia, comments, or notations, of any kind that are not a part of the original text or photographic reproduction thereof are to be considered and identified as separate documents. 9. “Dwelling” means the physical dwelling located at the Property (as defined herein). 10. “Property” means the real property specifically listed on the declarations page of the Policy (as defined herein). 11. “Other Structures” means any structures located at the Property that are set apart from and/or not connected to the Dwelling including, but not limited to, those structures connected only by a fence, utility line, and/or similar connection. 12. “Person” or “Persons” shall mean any natural person or any legal entity including, but not limited to, a corporation, partnership and unincorporated association, firm, joint venture, proprietorship, and/or any other entity or group of natural persons or such entities, singular or plural, male, female, or neuter gender, as the context may require, and any officer. 13. “Plaintiff(s)” means any person and/or entity named as a plaintiff(s) in this action. 14. “Policy” means the insurance policy that serves as a basis for any causes of action asserted against Defendant in this lawsuit. 15. “Related to”, “relating to”, and “relate to” shall include pertaining to, referring to, relevant to, supporting, contradicting, mentioning, evidencing, discussing or otherwise involving, whether directly or indirectly, the subject matter of the specified request. 16. “Written Communication” or “correspondence” means the conveyance of information by a writing, whether by letters, e-mails, memoranda, handwritten notes and/or faxes, text messages and direct messages. 17. “Witness Statement” or “Statement” means a statement of any person with knowledge of relevant facts, regardless of when the statement was made, and is either (i) a written statement signed or otherwise adopted and/or approved in writing by the person making it; or, (ii) a stenographic, mechanical, electrical, and/or other type of recording of a person’s oral statement and/or any substantially verbatim transcript of such recording. 18. “You” or “Your” means the specific party responding to these requests and/or any person and/or entity named as a Plaintiff in this action. 19. “Your Counsel” means the attorney or attorneys who are representing or have represented you either with regard to the claim or in this lawsuit. Page 4 of 8 INTERROGATORIES In accordance with Rule 1.340(e) of the Fla. R. Civ. P., space has been provided after each interrogatory for a response to be inserted. However, if more space is needed, “the answering party may attach additional documents with answers and refer to them in the space provided in the interrogatories.” See, Fla. R. Civ. P. 1.340(e). 1. Please state the name and address of the person answering these Interrogatories and the name and address of any person assisting in preparing responses to these Interrogatories. RESPONSE: 2. Please state all facts upon which you base the contention that the damage(s) sustained to the Plaintiff’s property is covered under the subject insurance policy. RESPONSE: 3. Please provide the name, address, telephone number, email, place of employment, and job title of any person who has, claims to have, or whom You, Your agents, and/or Your Counsel believe to have knowledge and/or information relating to any fact and/or allegation in the lawsuit that You filed against Security First Insurance Company or relating to any fact underlying the subject matter of this action. RESPONSE: 4. Please state the name and address of every person known to you, your agents or your attorneys, who have knowledge about or possession, custody or control of any model, plat, map, drawing, motion picture, videotape, or photograph pertaining to any fact or issue involved in this controversy; please describe as each what items such individual(s) have, the name and address of the party who took or prepared it and the date it was taken or prepared. RESPONSE: 5. Please state the name and address of every individual who has conducted an investigation, adjustment or evaluation of the property alleged to be damaged in your Complaint, to determine the cause of the alleged damage for which you seek insurance coverage. RESPONSE: 6. Please state the amount for each item of damage to the dwelling, contents or for additional living expenses that you are claiming in the Complaint and provide an explanation for the computation of each item of damage. Page 5 of 8 RESPONSE: 7. Please state if the property is within and/or part of an organization, subdivision, and/or planned community such as a homeowner’s association that makes and enforces rules for the properties and resident? Is yes, please provide the name(s) of said HOA. RESPONSE: 8. Please indicate whether you have ever filed any insurance claims up to the last ten (10) years before the date of loss and after the loss and before the filing of the subject lawsuit, to recover for damages to repair or replace any part of the Property. If so, please identify the nature of the claim(s), including the scope of areas damaged, and the insurer and date(s) of the claim. RESPONSE: 9. Please indicate if any of the damages you claim recovery for in your Complaint were insured by you pursuant to any other insurance policies prior to the issuance of the Security First Insurance Company policy at issue. If so, please name the insurance carrier and the applicable policy periods. RESPONSE: 10. Please identify the initial date and time that the alleged damage(s) claimed in the lawsuit occurred to the Property, including a description of the nature of the damage. RESPONSE: 11. Please list all damages discovered on the date referenced in Interrogatory 10 and identify the individual that discovered the damage. RESPONSE: 12. Please identify all repairs, renovations or maintenance work on the areas of the Property that you are claiming were damaged, since the time Plaintiff(s) purchased the property, including the nature of the work and the party performing the work. RESPONSE: 13. Please identify when the roof on the Property was installed, including the cost and who did the installation prior to the date of loss as referenced in Plaintiff(s) Complaint. RESPONSE: 14. Please state all actions or measures taken by you or anyone on your behalf to protect the Property you claim was damaged from further damage between the date of loss and reporting said loss to the Defendant. Page 6 of 8 RESPONSE: 15. Please identify all companies or individuals that inspected the Property after the date of loss as alleged in the Complaint. RESPONSE: 16. Please identify all persons/companies that inspected and/or appraised the Property at the time of, or before your purchase of the Property. RESPONSE: 17. Please describe all documents, including correspondences, received by Plaintiff or Plaintiff’s representatives from Security First Insurance Company before the date of loss during the policy period of when the date of loss occurred. RESPONSE: 18. Please describe all damages that existed at the Property at the time of purchase. RESPONSE: 19. Please state which, if any of the damages listed in response to number 18 above were repaired after purchase of the Property, including the name of the person or company who performed the repair(s). RESPONSE: 20. Please state the dates you, including your representatives, received requests from Security First Insurance Company to provide any type of documents or records for the insurance claim related to the subject lawsuit; and include the dates and manner in which you responded to Security First Insurance Company’s requests to provide documents or records for the insurance claim related to the subject lawsuit. RESPONSE: 21. Please describe all repairs or renovations done to any property you claim was damaged as a result of the loss described in your Complaint, including the date the repairs or renovations were done and the name of the person(s) completing the repairs or renovations. The time period for this request is from the date you purchased the Property to present. RESPONSE: 22. Please list all areas in the interior of the subject property that were affected by water damage from the roof, window(s), or door(s) of the property and describe any documents or photos Plaintiff(s) provided to Defendant to show such damage. Page 7 of 8 RESPONSE: 23. Please provide the name(s) of all persons who have resided at the Property from one year prior to date of loss and up to said date of loss. RESPONSE: Page 8 of 8 VERIFICATION OF RESPONSES TO INTERROGATORIES I have read and reviewed the foregoing responses to the above-listed interrogatories in their entirety. I understand that I am swearing or affirming under oath to the truthfulness of the foregoing responses to the above-listed interrogatories and that the punishment for knowingly making a false statement includes fines and/or imprisonment. By: ____________________________________ Name: ____________________________________ Title: ____________________________________ STATE OF FLORIDA } } COUNTY OF } BEFORE ME, the undersigned authority, personally appeared ______________________ who is personally known to me being first duly sworn according to law, deposes and says that she/he executed the foregoing Verified Answers to Defendant’s First Set of Interrogatories and that they are true and correct to the best of his/her knowledge and belief. IN WITNESS WHEREORE, I have hereunto set my hand and affixed the seal of my office; in the County and State last aforesaid, this ____ day of ___________________, 2022. ________________________________ NOTARY PUBLIC State of Florida My Commission expires: EXHIBIT “B” Staff Counsel Office 1001 Broadway Avenue Ormond Beach, Florida 32174 January 30, 2023 VIA EMAIL David R. Heil, Esq. david@heil-law.com pleadings@heil-law.com Re: Angela Jordan & Keteryna Sheremet v. Security First Insurance Company Case # 1-2022-CA-006036 Claim # 231233 Dear Mr. Heil: In reviewing our file, it appears that we have not received Plaintiffs responses to Defendant’s Interrogatories, Request for Production served to Plaintiff on or around December 8, 2022. Kindly provide responses to this request within ten (10) days to avoid the necessity of Defendant filing a motion to compel. Please consider this correspondence as a good faith attempt to resolve this discovery dispute. Should you have any questions or concerns, or if you feel that this letter was sent in error, please do not hesitate to contact my office. Thank you in advance for your anticipated cooperation. David Marcus, Esq. Managing Attorney Security First Insurance Company 1001 Broadway Avenue Ormond Beach, Florida 32714 David.Marcus@securityfirstflorida.com Cathy.Myers@SecurityFirstFlorida.com Veronica.Hatch@SecurityFirstFlorida.com