Preview
16-2023-CA-000001-XXXX-MA Div: CV-D
Filing # 163907087 E-Filed 12/31/2022 11:42:20 AM
IN THE CIRCUIT COURT OF THE
FOURTH JUDICIAL CIRCUIT, IN AND
FOR DUVAL COUNTY, FLORIDA
VIJAY PATEL AND SIMABEN PATEL,
PLAINTIFFS, CASE NO.:
vs.
HERITAGE PROPERTY & CASUALTY
INSURANCE COMPANY,
DEFENDANT.
/
PLAINTIFF’S FIRST REQUEST TO PRODUCE TO DEFENDANT
COMES NOW, the Plaintiffs, Vijay Patel and Simaben Patel, (hereinafter “Plaintiff”
and/or “Insured”), by and through the undersigned Attorney, and pursuant to Rules 1.350 and
1.280(a) of the Florida Rules of Civil Procedure, and hereby requests HERITAGE PROPERTY
& CASUALTY INSURANCE COMPANY, (hereinafter “Defendant”), to produce copies to
Plaintiff at 1644 Blanding Blvd., Jacksonville, Florida 32210 or via email, within thirty (30) days
of service of the Complaint herein.
DEFINITIONS AND INSTRUCTIONS
For purposes of this First Request to Produce to Defendant, the following definitions and
instructions apply:
DEFINITIONS:
1 Plaintiff, The term “Plaintiff” or “Plaintiffs” as used herein shall mean Vijay Patel and
Simaben Patel and their representatives as defined in Paragraph 4 herein.
2. Insured. The term “Insured” as used herein shall mean the Plaintiff and Plaintiffs
representatives as defined in Paragraph 4 herein.
3 Defendant. The term “Defendant” shall mean HERITAGE PROPERTY & CASUALTY
INSURANCE COMPANY, whether by that name or any other, and its representatives as defined
in Paragraph 4 herein.
ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 01/03/2023 07:44:01 AM
4 Representatives. The term “representatives” shall mean any and all present or former
agents, employees, servants, officers, directors, attorneys, consultants, sureties, indemnificators,
insurers, and other persons acting or purporting to act on behalf of the entity referred to.
5 You and Your. The terms “you” and “your” shall refer to Defendant (defined above) and
any other person(s) or entit(y)(ies) acting or purporting to act on its behalf.
6 Document. 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, discs and
digital recordings), computer printouts and other printed matter produced through computers,
calendar and diary entries, memoranda, notes and records of all telephone or personal
conversations, meetings or any 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, computer and digital
records, as well as all digitally stored and generated documents and notes, and all drafts,
alterations, modifications and changes to any of the foregoing.
7
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 uniform use of a common description.
8 Identify. The term “identify” when used with reference to a person shall mean to:
a. State the full name of the person;
b State the full name of the last known employer of the person;
Cc. State the last known occupation or title of the person with such employer;
d. State the last known business telephone number of the person;
€. State the last known home address of the person; and
f. 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.
9 Identify. The term “identify” when used with reference to a document shall mean to:
a. State a complete description of the document;
b Identify the person who prepared the document;
Cc. State the date on which the document was prepared;
d. State the location at which the document was prepared; and
€. Identify the person who presently has care, custody and control of the document.
Once identified, a document may be subsequently identified by uniform use of a common
description.
10. 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, Defendant is required to:
a. State the basis of the claim of privilege; and
b Identify the subject matter of the information to which a claim of privilege is made;
and
Identify all persons or entities who have had access to, or claimed to be privileged, or
were present when the privileged information was discussed; and
Identify all persons or entities to whom the privileged information has been disclosed.
PLAINTIFF’S FIRST REQUEST TO PRODUCE TO DEFENDANT
1. A true and correct copy of all DEC pages and the full and complete insurance policy(s)
referenced in Plaintiff's Complaint and a sworn statement of a corporate officer of Defendant
attesting to the coverage and authenticity of the policy.
2. A true and correct copy of any and all other DEC pages and insurance policy(s) that may
provider coverage to the Insured for the damages claimed in Plaintiff's Complaint.
3. A copy of each and every Document that you reasonably anticipate may be introduced into
evidence at the trial of this matter.
4. A copy of any and all documents which you allege may support any affirmative defense(s)
that you have raised, or will likely raise, in this matter.
5. A copy of any and all documents which you allege may support any Motion to Dismiss that
you have filed, or will likely file, in this matter.
6. Copies of any and all statements, and any transcripts for the same which have been reduced to
writing and/or transcribed, from any person who has knowledge of the facts in this matter
including any expert witness or the Defendant herein.
7. 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 Plaintiff which
are in your possession or control.
8. 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 the Insured or
their Representatives that are in your possession or control.
9. 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 event that caused the loss subject to this litigation
that are in your possession or control.
10. 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.
11. Copies of any photographs of the Insured’s Property, located at 7880 Mount Ranier
Drive, Jacksonville, Florida 32256, which are in your possession or control.
12. Copies of any photographs that reflect any damage done at the Property, which are in
your possession or control.
13. Copies of any and all estimates and damage appraisals and other Documents referencing
damage appraisals regarding the Property which are in your possession or control.
14. Copies of any and all Documents upon which you based any denials of homeowners’
insurance coverage for the incident described in Plaintiff's Complaint.
15. 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 which reference in any way
the insurance policy at issue in this matter.
16. Copies of any and all correspondence, facsimile, notices, e-mails and other Documents
which reference in any way any notices which you provided to either Plaintiff or the Insured
regarding cancellation of the insurance policy at issue in this matter.
17. Copies of all PORS, Proof of Mailing and other Documents which reflect in any way
mailings made by you to either Plaintiff or the Insured regarding cancellation of the policy of
insurance at issue in this matter.
18. All reports and current curriculum vitae from any expert(s) retained for any reason
regarding Plaintiff's claim.
19. Any and all e-mails, letters, facsimile, and other correspondence regarding any claims
made by either Plaintiff or the Insured for homeowners’ insurance benefits as a result of the
event on the Date of Loss described in Plaintiff's Complaint, including but not limited to,
correspondence with experts, independent adjusters, appraisers, inspectors, and any other third
party.
20. All documents reflecting any payment made to any and all Person(s) and entit(y)(ies) for
any reason as a result of the event on the Date of Loss described in Plaintiff's Complaint.
21. All books, treaties or authority used by the adjustor in determining what amount to pay to
the Insured.
22. All Documents, writings, memoranda, notes or other materials reflecting examination of
the Property by Defendant or its representatives or agents.
23. All proofs of loss received by Defendant from Plaintiff, the Insured or Insured’s
Representatives.
24. All estimates received by Defendant from any source for repairs to the Property.
25. All Peer reviews or comparative estimates conducted in this matter.
26. Defendant’s latest claims manual or statement of policies and procedures on the
processing or handling of homeowner’s claims.
27. Any training manuals, guides and documents which Defendant has provided to its
adjusters regarding adjusting hurricane or wind or rain damage claims from January 2013 to
present.
28. Copies of previous estimates by anyone conducting a peer review on Plaintiff's estimate
provided to Defendant for the work in question in this matter.
29. 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 Insured’s claim.
30. A copy of the contract/agreement/document (if any) the Defendant has with any preferred
or recommended water remediation and/or restoration providers who may provide testimony or
evidence at the trial of this matter.
31. All documents that relate to the drafting, meaning and/or interpretation of any subject
language as such terms or provisions are used in the policy at issue.
32. Copies of any and all notices sent by you or your Representatives to Plaintiff or the
Insured to participate in a mediation program under Fla. Stat. § 627.7015 and copies of any and
all PORS, Proof of Mailing and other Documents which reflect in any way mailings made by
you to either Plaintiff or the Insured regarding the same.
33. Copies of any and all notices sent by you or your Representatives to Plaintiff or the
Insured to participate in an appraisal process under Fla. Stat. § 627.7015 and copies of any and
all PORS, Proof of Mailing and other Documents which reflect in any way mailings made by
you to either Plaintiff or the Insured regarding the same.
34. A copy of all check(s) issued by Defendant relating to the claim referenced in Plaintiff's
Complaint.
CERTIFICATE OF SERVICE
I do hereby certify that a true and correct copy of this document will be served on
Defendant along with the Complaint and Summons in this action.
/s/Steven Croskey, Esq.
SETZLER, CROSKEY, OWENS &
BONDARYK, ATTORNEYS AT LAW
Steven M. Croskey, Esq.
Florida Bar No.: 0102571
1644 Blanding Blvd.,
Jacksonville, FL 32210
Telephone: (904) 515-2187
Facsimile: (904) 562-3350
Email: steven@croskeylaw.org
Attorney for Plaintiff
Preview
16-2023-CA-000001-XXXX-MA Div: CV-D Filing # 163907087 E-Filed 12/31/2022 11:42:20 AM IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA VIJAY PATEL AND SIMABEN PATEL, PLAINTIFFS, CASE NO.: vs. HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY, DEFENDANT. / PLAINTIFF’S FIRST REQUEST TO PRODUCE TO DEFENDANT COMES NOW, the Plaintiffs, Vijay Patel and Simaben Patel, (hereinafter “Plaintiff” and/or “Insured”), by and through the undersigned Attorney, and pursuant to Rules 1.350 and 1.280(a) of the Florida Rules of Civil Procedure, and hereby requests HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY, (hereinafter “Defendant”), to produce copies to Plaintiff at 1644 Blanding Blvd., Jacksonville, Florida 32210 or via email, within thirty (30) days of service of the Complaint herein. DEFINITIONS AND INSTRUCTIONS For purposes of this First Request to Produce to Defendant, the following definitions and instructions apply: DEFINITIONS: 1 Plaintiff, The term “Plaintiff” or “Plaintiffs” as used herein shall mean Vijay Patel and Simaben Patel and their representatives as defined in Paragraph 4 herein. 2. Insured. The term “Insured” as used herein shall mean the Plaintiff and Plaintiffs representatives as defined in Paragraph 4 herein. 3 Defendant. The term “Defendant” shall mean HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY, whether by that name or any other, and its representatives as defined in Paragraph 4 herein. ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 01/03/2023 07:44:01 AM 4 Representatives. The term “representatives” shall mean any and all present or former agents, employees, servants, officers, directors, attorneys, consultants, sureties, indemnificators, insurers, and other persons acting or purporting to act on behalf of the entity referred to. 5 You and Your. The terms “you” and “your” shall refer to Defendant (defined above) and any other person(s) or entit(y)(ies) acting or purporting to act on its behalf. 6 Document. 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, discs and digital recordings), computer printouts and other printed matter produced through computers, calendar and diary entries, memoranda, notes and records of all telephone or personal conversations, meetings or any 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, computer and digital records, as well as all digitally stored and generated documents and notes, and all drafts, alterations, modifications and changes to any of the foregoing. 7 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 uniform use of a common description. 8 Identify. The term “identify” when used with reference to a person shall mean to: a. State the full name of the person; b State the full name of the last known employer of the person; Cc. State the last known occupation or title of the person with such employer; d. State the last known business telephone number of the person; €. State the last known home address of the person; and f. 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. 9 Identify. The term “identify” when used with reference to a document shall mean to: a. State a complete description of the document; b Identify the person who prepared the document; Cc. State the date on which the document was prepared; d. State the location at which the document was prepared; and €. Identify the person who presently has care, custody and control of the document. Once identified, a document may be subsequently identified by uniform use of a common description. 10. 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, Defendant is required to: a. State the basis of the claim of privilege; and b Identify the subject matter of the information to which a claim of privilege is made; and Identify all persons or entities who have had access to, or claimed to be privileged, or were present when the privileged information was discussed; and Identify all persons or entities to whom the privileged information has been disclosed. PLAINTIFF’S FIRST REQUEST TO PRODUCE TO DEFENDANT 1. A true and correct copy of all DEC pages and the full and complete insurance policy(s) referenced in Plaintiff's Complaint and a sworn statement of a corporate officer of Defendant attesting to the coverage and authenticity of the policy. 2. A true and correct copy of any and all other DEC pages and insurance policy(s) that may provider coverage to the Insured for the damages claimed in Plaintiff's Complaint. 3. A copy of each and every Document that you reasonably anticipate may be introduced into evidence at the trial of this matter. 4. A copy of any and all documents which you allege may support any affirmative defense(s) that you have raised, or will likely raise, in this matter. 5. A copy of any and all documents which you allege may support any Motion to Dismiss that you have filed, or will likely file, in this matter. 6. Copies of any and all statements, and any transcripts for the same which have been reduced to writing and/or transcribed, from any person who has knowledge of the facts in this matter including any expert witness or the Defendant herein. 7. 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 Plaintiff which are in your possession or control. 8. 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 the Insured or their Representatives that are in your possession or control. 9. 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 event that caused the loss subject to this litigation that are in your possession or control. 10. 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. 11. Copies of any photographs of the Insured’s Property, located at 7880 Mount Ranier Drive, Jacksonville, Florida 32256, which are in your possession or control. 12. Copies of any photographs that reflect any damage done at the Property, which are in your possession or control. 13. Copies of any and all estimates and damage appraisals and other Documents referencing damage appraisals regarding the Property which are in your possession or control. 14. Copies of any and all Documents upon which you based any denials of homeowners’ insurance coverage for the incident described in Plaintiff's Complaint. 15. 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 which reference in any way the insurance policy at issue in this matter. 16. Copies of any and all correspondence, facsimile, notices, e-mails and other Documents which reference in any way any notices which you provided to either Plaintiff or the Insured regarding cancellation of the insurance policy at issue in this matter. 17. Copies of all PORS, Proof of Mailing and other Documents which reflect in any way mailings made by you to either Plaintiff or the Insured regarding cancellation of the policy of insurance at issue in this matter. 18. All reports and current curriculum vitae from any expert(s) retained for any reason regarding Plaintiff's claim. 19. Any and all e-mails, letters, facsimile, and other correspondence regarding any claims made by either Plaintiff or the Insured for homeowners’ insurance benefits as a result of the event on the Date of Loss described in Plaintiff's Complaint, including but not limited to, correspondence with experts, independent adjusters, appraisers, inspectors, and any other third party. 20. All documents reflecting any payment made to any and all Person(s) and entit(y)(ies) for any reason as a result of the event on the Date of Loss described in Plaintiff's Complaint. 21. All books, treaties or authority used by the adjustor in determining what amount to pay to the Insured. 22. All Documents, writings, memoranda, notes or other materials reflecting examination of the Property by Defendant or its representatives or agents. 23. All proofs of loss received by Defendant from Plaintiff, the Insured or Insured’s Representatives. 24. All estimates received by Defendant from any source for repairs to the Property. 25. All Peer reviews or comparative estimates conducted in this matter. 26. Defendant’s latest claims manual or statement of policies and procedures on the processing or handling of homeowner’s claims. 27. Any training manuals, guides and documents which Defendant has provided to its adjusters regarding adjusting hurricane or wind or rain damage claims from January 2013 to present. 28. Copies of previous estimates by anyone conducting a peer review on Plaintiff's estimate provided to Defendant for the work in question in this matter. 29. 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 Insured’s claim. 30. A copy of the contract/agreement/document (if any) the Defendant has with any preferred or recommended water remediation and/or restoration providers who may provide testimony or evidence at the trial of this matter. 31. All documents that relate to the drafting, meaning and/or interpretation of any subject language as such terms or provisions are used in the policy at issue. 32. Copies of any and all notices sent by you or your Representatives to Plaintiff or the Insured to participate in a mediation program under Fla. Stat. § 627.7015 and copies of any and all PORS, Proof of Mailing and other Documents which reflect in any way mailings made by you to either Plaintiff or the Insured regarding the same. 33. Copies of any and all notices sent by you or your Representatives to Plaintiff or the Insured to participate in an appraisal process under Fla. Stat. § 627.7015 and copies of any and all PORS, Proof of Mailing and other Documents which reflect in any way mailings made by you to either Plaintiff or the Insured regarding the same. 34. A copy of all check(s) issued by Defendant relating to the claim referenced in Plaintiff's Complaint. CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of this document will be served on Defendant along with the Complaint and Summons in this action. /s/Steven Croskey, Esq. SETZLER, CROSKEY, OWENS & BONDARYK, ATTORNEYS AT LAW Steven M. Croskey, Esq. Florida Bar No.: 0102571 1644 Blanding Blvd., Jacksonville, FL 32210 Telephone: (904) 515-2187 Facsimile: (904) 562-3350 Email: steven@croskeylaw.org Attorney for Plaintiff