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16-2022-CA-005378-XXXX-MA Div: CV-D
Filing # 157047730 E-Filed 09/08/2022 11:57:49 PM
IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT,
IN AND FOR DUVAL COUNTY, FLORIDA
ANN PEARSON AND SAM PEARSON,
Plaintiffs,
v. CASE NO.:
STATE FARM FLORIDA INSURANCE
COMPANY,
Defendant.
/
PLAINTIFF’S NOTICE OF TAKING
DEPOSITION DUCES TECUM OF DEFENDANT’S DESIGNATED
CORPORATE REPRESENTATIVE(S) PURSUANT TO RULE 1.310(b)(6)
PLEASE TAKE NOTICE that Plaintiffs through the undersigned counsel will take the
deposition, by oral examination of the following person(s) per Rule 1.310(b)(6) as indicated below
or at such other location, time, and date as is mutually agreed upon by counsel or ordered by the
Court, before an associate or deputy court reporter who is not of counsel to the parties or interested
in the events of this cause.
Name Date Time Place
Any and all witnesses designated as | 01/23/2023 | 10:00am Weisser, Elazar & Kantor,
corporate representative(s) for PLLC
Defendant per Rule 1.310(b)(6) 800 E Broward Blvd, Suite
regarding the topics and subjects 510
listed on Schedule nan and Fort Lauderdale, FL 33301
documents listed on Schedule "B", T: (954) 486-2623
and regarding the subject insurance
claim bearing claim number 59-
33Z2-320.
The deponent(s) is/are directed to produce for inspection or copying at the time of
deposition the documents called for in the attached Schedule "B" [and as to any documents over
which a claim of privilege is asserted, a privilege log per Rule 1.280(b)(5)].
The deposition(s) is/are being taken for the purpose of discovery, for use at trial, or for
such other purposes as are permitted under the Florida Rules of Civil Procedure. The deposition
will continue from day to day until completed.
In an effort to expedite the deposition(s), Plaintiff's counsel requests that the requested
documents responsive to Schedule "B" be produced at least ten (10) days before the date of the
deposition(s), to allow the parties to conduct the deposition quickly and efficiently. This will
ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 09/16/2022 12:50:55 PM
eliminate the need for Plaintiff's 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 depositions.
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 of counsel’s questioning. However, a privilege log as contemplated
under Florida Rule of Civil Procedure 1.280(b)(5) may be produced prior to and at the
deposition(s) in lieu of the actual documents over which such claim(s) is asserted. Any such
privileged documents 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.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing was served upon
the Defendant in this action along with the Complaint.
By: /s/ Kevin Weisser
KEVIN WEISSER
Florida Bar No: 98828
WEISSER ELAZAR & KANTOR, PLLC
Attorneys for Plaintiff
800 East Broward Boulevard, Suite 510
Fort Lauderdale, FL 33301
T: (954) 486-2623
F: (954) 572-8695
Email: KW@WEKLaw.com
JK@WEKLaw.com
Service@WEKLaw.com
SCHEDULE “A”
The Corporate Representative who can identify by full name and company title all those
persons who participated in making the decisions by or on behalf of Defendant determining
the value of Plaintiff's claim, to pay Plaintiff's claim, or to withhold any payments(s) of
insurance proceeds to the Plaintiff for his/her claim under the insurance policy.
The Corporate Representative with knowledge of Defendant’s investigation, adjustment,
and valuation of Plaintiffs claim.
The Corporate Representative knowledgeable about the factual basis and all policy
language upon which Defendant’s Answer is based, including all denials and affirmative
defenses raised by Defendant in this cause.
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 the
policy of insurance or why Plaintiffs claim or damages are not otherwise covered under
the policy of insurance.
The Corporate Representative with knowledge who can describe comprehensively and in
detail Defendant’s investigation, adjustment and handling of the Plaintiff’s 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 Plaintiff’s claim which is the subject of this suit and the basis for
those decisions.
The Corporate Representative who can testify regarding the date Defendant reasonably
anticipated litigation with 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's discovery requests and all facts and 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 Plaintiffs claim and all reasons for Defendant’s assignment of that cause of
loss.
10 The Corporate Representative who can describe and state in detail and with specificity all
damages to Plaintiff's insured property, caused, directly or indirectly, by the subject
incident.
SCHEDULE “B”
All documents you reviewed in preparation for this deposition.
All documents you will rely on in responding to the topics in Schedule "A" during this
deposition.
For any documents withheld from paragraphs | 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
adjusters including all independent or third-party adjusters involved in adjusting,
inspecting, and handling Plaintiff’s claim or loss (cover-to-cover), from the home office,
regional office and local office for the subject claim, including but not limited to:
All letters, memoranda, and other forms of written or computerized communication
to or from any employee of Defendant that concern, refer, or relate in any way to
the adjusting, processing, or handling of the claim at issue in this action.
All written or computerized records of any 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 Plaintiff, or his/her 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 relate in any way to
the decision to pay, deny, withhold, delay payment, or conditionally 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 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 conditionally 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 logs created by any adjuster, claim
representative, manager, or supervisor of Defendant or third party adjusters 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 at issue in
this action.
The file folders in which the preceding documents are kept.
k. All reports and correspondence.
1 Tapes - video and audio.
m. Photographs and original negatives.
Copies of all documentation of whatever kind or nature in your possession, custody or
control concerning the subject loss, and all files relating to Plaintiff, and his/her 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 claim.
All checks reflecting payments made to Plaintiff to date.
A certified copy of the policy of insurance in effect on the subject date of loss.
Copies of all summaries of statements made by Plaintiff and all recorded or transcribed
statements taken by you, your representative(s) and/or your attorneys of Plaintiff.
Copies of all correspondence, notices, reports or other communications between you and
your representatives and Plaintiff and his representatives regarding the loss at the insured
property.
10. Copies of all letters from Defendant that make payment, deny payment, authorize payment
or withhold payment for the subject claim.
1. Copies of all documents in your possession, custody or control relating to the insured
property, including but not limited to: photographs, video tapes, estimates, sketches,
drawings, field notes, estimates for damage(s), reports relied upon by you, reports prepared
by you or reports prepared for you or on your behalf of the Plaintiff regarding the loss at
the insured property.
12. Copies of all property damage inventories, estimates or reports prepared and received by
you and upon which you relied in reaching your conclusions concerning valuation of the
loss.
13 Copies of all other documents relied upon by you in reaching any conclusions regarding
the Plaintiff’s insurance claim and the coverage and payment decisions made on Plaintiff's
claim, including all books, tables, depreciation tables, guides, price lists, whatsoever used
by you in determining the valuation of the property or property damage sustained by the
Plaintiff, the methods of computation used by you in arriving at valuation figures for the
property, all reports, calculations, estimates and the like relied upon by you in arriving at
any and all figures used in determining the damage to the property.
14 Any and all documents, statements, notes, measurements, test results and related materials
relied upon by you in reaching your conclusion to make payment, deny payment, authorize
payment or withhold payment of the subject claim.
15 All documents which indicate or support the date when Defendant contends it first
reasonably expected or anticipated litigation with Plaintiff and the reasons and factual
circumstances which gave rise to that expectation or belief.
16 Defendant’s Privilege Log prepared pursuant to Florida Rule of Civil Procedure
1.280(b)(5) identifying with particularity any and all documents withheld from
Defendant’s response to the preceding paragraphs as privileged, confidential, or otherwise
protected from discovery.
Preview
16-2022-CA-005378-XXXX-MA Div: CV-D Filing # 157047730 E-Filed 09/08/2022 11:57:49 PM IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA ANN PEARSON AND SAM PEARSON, Plaintiffs, v. CASE NO.: STATE FARM FLORIDA INSURANCE COMPANY, Defendant. / PLAINTIFF’S NOTICE OF TAKING DEPOSITION DUCES TECUM OF DEFENDANT’S DESIGNATED CORPORATE REPRESENTATIVE(S) PURSUANT TO RULE 1.310(b)(6) PLEASE TAKE NOTICE that Plaintiffs through the undersigned counsel will take the deposition, by oral examination of the following person(s) per Rule 1.310(b)(6) as indicated below or at such other location, time, and date as is mutually agreed upon by counsel or ordered by the Court, before an associate or deputy court reporter who is not of counsel to the parties or interested in the events of this cause. Name Date Time Place Any and all witnesses designated as | 01/23/2023 | 10:00am Weisser, Elazar & Kantor, corporate representative(s) for PLLC Defendant per Rule 1.310(b)(6) 800 E Broward Blvd, Suite regarding the topics and subjects 510 listed on Schedule nan and Fort Lauderdale, FL 33301 documents listed on Schedule "B", T: (954) 486-2623 and regarding the subject insurance claim bearing claim number 59- 33Z2-320. The deponent(s) is/are directed to produce for inspection or copying at the time of deposition the documents called for in the attached Schedule "B" [and as to any documents over which a claim of privilege is asserted, a privilege log per Rule 1.280(b)(5)]. The deposition(s) is/are being taken for the purpose of discovery, for use at trial, or for such other purposes as are permitted under the Florida Rules of Civil Procedure. The deposition will continue from day to day until completed. In an effort to expedite the deposition(s), Plaintiff's counsel requests that the requested documents responsive to Schedule "B" be produced at least ten (10) days before the date of the deposition(s), to allow the parties to conduct the deposition quickly and efficiently. This will ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 09/16/2022 12:50:55 PM eliminate the need for Plaintiff's 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 depositions. 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 of counsel’s questioning. However, a privilege log as contemplated under Florida Rule of Civil Procedure 1.280(b)(5) may be produced prior to and at the deposition(s) in lieu of the actual documents over which such claim(s) is asserted. Any such privileged documents 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. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing was served upon the Defendant in this action along with the Complaint. By: /s/ Kevin Weisser KEVIN WEISSER Florida Bar No: 98828 WEISSER ELAZAR & KANTOR, PLLC Attorneys for Plaintiff 800 East Broward Boulevard, Suite 510 Fort Lauderdale, FL 33301 T: (954) 486-2623 F: (954) 572-8695 Email: KW@WEKLaw.com JK@WEKLaw.com Service@WEKLaw.com SCHEDULE “A” The Corporate Representative who can identify by full name and company title all those persons who participated in making the decisions by or on behalf of Defendant determining the value of Plaintiff's claim, to pay Plaintiff's claim, or to withhold any payments(s) of insurance proceeds to the Plaintiff for his/her claim under the insurance policy. The Corporate Representative with knowledge of Defendant’s investigation, adjustment, and valuation of Plaintiffs claim. The Corporate Representative knowledgeable about the factual basis and all policy language upon which Defendant’s Answer is based, including all denials and affirmative defenses raised by Defendant in this cause. 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 the policy of insurance or why Plaintiffs claim or damages are not otherwise covered under the policy of insurance. The Corporate Representative with knowledge who can describe comprehensively and in detail Defendant’s investigation, adjustment and handling of the Plaintiff’s 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 Plaintiff’s claim which is the subject of this suit and the basis for those decisions. The Corporate Representative who can testify regarding the date Defendant reasonably anticipated litigation with 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's discovery requests and all facts and 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 Plaintiffs claim and all reasons for Defendant’s assignment of that cause of loss. 10 The Corporate Representative who can describe and state in detail and with specificity all damages to Plaintiff's insured property, caused, directly or indirectly, by the subject incident. SCHEDULE “B” All documents you reviewed in preparation for this deposition. All documents you will rely on in responding to the topics in Schedule "A" during this deposition. For any documents withheld from paragraphs | 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 adjusters including all independent or third-party adjusters involved in adjusting, inspecting, and handling Plaintiff’s claim or loss (cover-to-cover), from the home office, regional office and local office for the subject claim, including but not limited to: All letters, memoranda, and other forms of written or computerized communication to or from any employee of Defendant that concern, refer, or relate in any way to the adjusting, processing, or handling of the claim at issue in this action. All written or computerized records of any 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 Plaintiff, or his/her 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 relate in any way to the decision to pay, deny, withhold, delay payment, or conditionally 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 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 conditionally 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 logs created by any adjuster, claim representative, manager, or supervisor of Defendant or third party adjusters 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 at issue in this action. The file folders in which the preceding documents are kept. k. All reports and correspondence. 1 Tapes - video and audio. m. Photographs and original negatives. Copies of all documentation of whatever kind or nature in your possession, custody or control concerning the subject loss, and all files relating to Plaintiff, and his/her 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 claim. All checks reflecting payments made to Plaintiff to date. A certified copy of the policy of insurance in effect on the subject date of loss. Copies of all summaries of statements made by Plaintiff and all recorded or transcribed statements taken by you, your representative(s) and/or your attorneys of Plaintiff. Copies of all correspondence, notices, reports or other communications between you and your representatives and Plaintiff and his representatives regarding the loss at the insured property. 10. Copies of all letters from Defendant that make payment, deny payment, authorize payment or withhold payment for the subject claim. 1. Copies of all documents in your possession, custody or control relating to the insured property, including but not limited to: photographs, video tapes, estimates, sketches, drawings, field notes, estimates for damage(s), reports relied upon by you, reports prepared by you or reports prepared for you or on your behalf of the Plaintiff regarding the loss at the insured property. 12. Copies of all property damage inventories, estimates or reports prepared and received by you and upon which you relied in reaching your conclusions concerning valuation of the loss. 13 Copies of all other documents relied upon by you in reaching any conclusions regarding the Plaintiff’s insurance claim and the coverage and payment decisions made on Plaintiff's claim, including all books, tables, depreciation tables, guides, price lists, whatsoever used by you in determining the valuation of the property or property damage sustained by the Plaintiff, the methods of computation used by you in arriving at valuation figures for the property, all reports, calculations, estimates and the like relied upon by you in arriving at any and all figures used in determining the damage to the property. 14 Any and all documents, statements, notes, measurements, test results and related materials relied upon by you in reaching your conclusion to make payment, deny payment, authorize payment or withhold payment of the subject claim. 15 All documents which indicate or support the date when Defendant contends it first reasonably expected or anticipated litigation with Plaintiff and the reasons and factual circumstances which gave rise to that expectation or belief. 16 Defendant’s Privilege Log prepared pursuant to Florida Rule of Civil Procedure 1.280(b)(5) identifying with particularity any and all documents withheld from Defendant’s response to the preceding paragraphs as privileged, confidential, or otherwise protected from discovery.