Preview
Filing # 167210491 E-Filed 02/21/2023 12:06:40 PM
109232-10/17710424
IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT,
IN AND FOR DUVAL COUNTY, FLORIDA
VIJAY PATEL AND SIMABEN CASE NO. 2023-CA-000001
PATEL,
Plaintiffs,
v.
HERITAGE PROPERTY &
CASUALTY INSURANCE
COMPANY,
Defendant.
____________________________/
RESPONSE TO REQUEST TO PRODUCE
Defendant, Heritage Property & Casualty Insurance Company, by and through the
undersigned attorneys, and pursuant to the applicable Fla. R. Civ. P., responds to Plaintiffs’
Request to Produce as follows:
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.
RESPONSE: Defendant is requesting a certified copy of the subject policy of
insurance and will provide the same under separate cover as it is
received.
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.
RESPONSE: None.
3. A copy of each and every Document that you reasonably anticipate may be introduced into
evidence at the trial of this matter.
ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 02/21/2023 01:57:58 PM
CASE NO. 2023-CA-000001
RESPONSE: Defendant is not currently aware of what evidence it intends to
introduce at trial. Defendant will file exhibits in accordance with a Trial
Order.
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.
RESPONSE: See attached.
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.
RESPONSE: Defendant has not filed a Motion to Dismiss and has not made a
decision in if it will file such a Motion. Therefore, none.
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.
RESPONSE: None
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.
RESPONSE: See Attached.
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.
RESPONSE: See Response to Request to Produce #7.
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.
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CASE NO. 2023-CA-000001
RESPONSE: None.
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.
RESPONSE: Objection; Experts have not been determined. Any responsive and non-
privileged documentation will be produced in according with an Order
setting trial.
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.
RESPONSE: Defendant objects to this request to the extent that it seeks privileged
documents produced in the anticipation of litigation. See Defendant’s
Privilege Log. Subject to and without waiving said objection, see
attached for all non-privileged documentation in the possession and
control of defendant.
12. Copies of any photographs that reflect any damage done at the Property, which are in your
possession or control.
RESPONSE: See Response to Request to Produce #11
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.
RESPONSE: Defendant objects to this request to the extent that it seeks privileged
documents produced in the anticipation of litigation. See Defendant’s
Privilege Log. Subject to and without waiving said objection, see
attached for all non-privileged documentation in the possession and
control of defendant.
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CASE NO. 2023-CA-000001
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.
RESPONSE: See attached.
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.
RESPONSE: See attached.
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.
RESPONSE: None.
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.
RESPONSE: None.
18. All reports and current curriculum vitae from any expert(s) retained for any reason
regarding Plaintiff’s claim.
RESPONSE: None at this time.
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.
RESPONSE: Defendant objects to this request to the extent that it seeks privileged
documentation. See Defendant’s Privilege Log. See attached for non-
privileged, responsive documentation.
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.
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CASE NO. 2023-CA-000001
RESPONSE: None.
21. All books, treaties or authority used by the adjustor in determining what amount to pay to
the Insured.
RESPONSE: Defendant objects to this request on the grounds that it seeks
documents/records which are not relevant and/or constitute protected
work product. See e.g. State Farm Ins. Co. v. Gallmon, 835 So. 2d 389,
390 (Fla. 2d DCA 2003) (“During discovery, the circuit court issued a
wide-ranging order to State Farm to produce its claim files,
investigative reports, adjuster notes, underwriting files, company
policies and manuals, training materials, [etc.] . . . We quash the order
in its entirety. These materials are either irrelevant to the first-party
dispute that this case presents or are privileged work product.”)
22. All Documents, writings, memoranda, notes or other materials reflecting examination of
the Property by Defendant or its representatives or agents.
RESPONSE: Defendant objects to this request on the grounds that it is vague,
ambiguous, overbroad, and not reasonably calculated to lead to the
discovery of admissible evidence. In addition, this request seeks
information that is irrelevant to this action and not discoverable in a
first party breach of contract action and/or discovery of information
contained within Defendant’s claim file. See State Castle Key Ins. Co.
v. Benitez, 124 So. 3d 379 (Fla. 3d DCA 2013); State Farm Fire & Cas.
Co. v. Valido, 662 So. 2d 1012 (Fla. 3d DCA 1995); Scottsdale Ins. Co.
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CASE NO. 2023-CA-000001
v. Camara de Comercio Latino Americana de Los Estados Unidos, Inc.,
813 So. 2d 250 (Fla. 3d DCA 2002); State Farm Fla. Ins. Co. v. Galhnon,
835 So. 2d 389 (Fla. 2d DCA 2003); Florida Residential Property and
Casualty Join Underwriters Association v. Sanchez, 693 So. 2d 68 (Fla.
3d DCA 1997); American Reliance Insurance Company v. Rosemont
Condominium Homeowners Association, 671 So. 2d 250 (Fla. 3d DCA
1996); Utica Mutual Insurance Company vs. Croft, 432 So. 2d 196 (Fla.
1st DCA 1983); State Farm Fla. Ins. Co. v. Aloni, 101 So. 3d 412 (Fla.
4th DCA 2012). Without waiving said objection, see Defendant’s
Privilege Log.
23. All proofs of loss received by Defendant from Plaintiff, the Insured or Insured’s
Representatives.
RESPONSE: See attached.
24. All estimates received by Defendant from any source for repairs to the Property.
RESPONSE: Defendant objects to this request to the extent that it seeks
documentation prepared in anticipation of litigation. See Defendant’s
Privilege Log. Subject to and without waiving said objection, see
attached for all non-privileged, responsive documentation.
25. All Peer reviews or comparative estimates conducted in this matter.
RESPONSE: See attached.
26. Defendant’s latest claims manual or statement of policies and procedures on the processing
or handling of homeowner’s claims.
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CASE NO. 2023-CA-000001
RESPONSE: Defendant objects to this request on the grounds that it seeks
documents/records which are not relevant and/or constitute protected
work product. See e.g. State Farm Ins. Co. v. Gallmon, 835 So. 2d 389,
390 (Fla. 2d DCA 2003) (“During discovery, the circuit court issued a
wide-ranging order to State Farm to produce its claim files,
investigative reports, adjuster notes, underwriting files, company
policies and manuals, training materials, [etc.] . . . We quash the order
in its entirety. These materials are either irrelevant to the first-party
dispute that this case presents or are privileged work product.”).
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.
RESPONSE: Defendant objects to this request on the grounds that it seeks
documents/records which are not relevant and/or constitute protected
work product. See e.g. State Farm Ins. Co. v. Gallmon, 835 So. 2d 389,
390 (Fla. 2d DCA 2003) (“During discovery, the circuit court issued a
wide-ranging order to State Farm to produce its claim files,
investigative reports, adjuster notes, underwriting files, company
policies and manuals, training materials, [etc.] . . . We quash the order
in its entirety. These materials are either irrelevant to the first-party
dispute that this case presents or are privileged work product.”).
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.
RESPONSE: See Response to Request to Produce #25
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CASE NO. 2023-CA-000001
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.
RESPONSE: Objection, this request is overbroad, unduly burdensome, not
reasonably limited in time and scope, and seeks information that is
irrelevant to this action.
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.
RESPONSE: None. Defendant reserves the right to supplement and/or amend this
response.
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.
RESPONSE: See attached.
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.
RESPONSE: See attached.
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.
RESPONSE: None.
34. A copy of all check(s) issued by Defendant relating to the claim referenced in Plaintiff’s
Complaint.
RESPONSE: None.
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CASE NO. 2023-CA-000001
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a copy hereof has been electronically served via Florida
ePortal to: Steven M. Croskey, steven@croskeylaw.org; on this 21st day of February, 2023.
/s/ Kyle B. Davenport
Kyle B. Davenport, Esquire
Florida Bar No. 1039354
WICKER SMITH O'HARA MCCOY & FORD, P.A.
Attorneys for Heritage Property & Casualty
Insurance Company
50 N. Laura St., Suite 2700
Jacksonville, FL 32202
Phone: (904) 355-0225
Fax: (904) 355-0226
JAXcrtpleadings@wickersmith.com
9
Preview
Filing # 167210491 E-Filed 02/21/2023 12:06:40 PM 109232-10/17710424 IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA VIJAY PATEL AND SIMABEN CASE NO. 2023-CA-000001 PATEL, Plaintiffs, v. HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. ____________________________/ RESPONSE TO REQUEST TO PRODUCE Defendant, Heritage Property & Casualty Insurance Company, by and through the undersigned attorneys, and pursuant to the applicable Fla. R. Civ. P., responds to Plaintiffs’ Request to Produce as follows: 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. RESPONSE: Defendant is requesting a certified copy of the subject policy of insurance and will provide the same under separate cover as it is received. 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. RESPONSE: None. 3. A copy of each and every Document that you reasonably anticipate may be introduced into evidence at the trial of this matter. ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 02/21/2023 01:57:58 PM CASE NO. 2023-CA-000001 RESPONSE: Defendant is not currently aware of what evidence it intends to introduce at trial. Defendant will file exhibits in accordance with a Trial Order. 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. RESPONSE: See attached. 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. RESPONSE: Defendant has not filed a Motion to Dismiss and has not made a decision in if it will file such a Motion. Therefore, none. 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. RESPONSE: None 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. RESPONSE: See Attached. 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. RESPONSE: See Response to Request to Produce #7. 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. 2 CASE NO. 2023-CA-000001 RESPONSE: None. 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. RESPONSE: Objection; Experts have not been determined. Any responsive and non- privileged documentation will be produced in according with an Order setting trial. 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. RESPONSE: Defendant objects to this request to the extent that it seeks privileged documents produced in the anticipation of litigation. See Defendant’s Privilege Log. Subject to and without waiving said objection, see attached for all non-privileged documentation in the possession and control of defendant. 12. Copies of any photographs that reflect any damage done at the Property, which are in your possession or control. RESPONSE: See Response to Request to Produce #11 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. RESPONSE: Defendant objects to this request to the extent that it seeks privileged documents produced in the anticipation of litigation. See Defendant’s Privilege Log. Subject to and without waiving said objection, see attached for all non-privileged documentation in the possession and control of defendant. 3 CASE NO. 2023-CA-000001 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. RESPONSE: See attached. 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. RESPONSE: See attached. 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. RESPONSE: None. 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. RESPONSE: None. 18. All reports and current curriculum vitae from any expert(s) retained for any reason regarding Plaintiff’s claim. RESPONSE: None at this time. 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. RESPONSE: Defendant objects to this request to the extent that it seeks privileged documentation. See Defendant’s Privilege Log. See attached for non- privileged, responsive documentation. 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. 4 CASE NO. 2023-CA-000001 RESPONSE: None. 21. All books, treaties or authority used by the adjustor in determining what amount to pay to the Insured. RESPONSE: Defendant objects to this request on the grounds that it seeks documents/records which are not relevant and/or constitute protected work product. See e.g. State Farm Ins. Co. v. Gallmon, 835 So. 2d 389, 390 (Fla. 2d DCA 2003) (“During discovery, the circuit court issued a wide-ranging order to State Farm to produce its claim files, investigative reports, adjuster notes, underwriting files, company policies and manuals, training materials, [etc.] . . . We quash the order in its entirety. These materials are either irrelevant to the first-party dispute that this case presents or are privileged work product.”) 22. All Documents, writings, memoranda, notes or other materials reflecting examination of the Property by Defendant or its representatives or agents. RESPONSE: Defendant objects to this request on the grounds that it is vague, ambiguous, overbroad, and not reasonably calculated to lead to the discovery of admissible evidence. In addition, this request seeks information that is irrelevant to this action and not discoverable in a first party breach of contract action and/or discovery of information contained within Defendant’s claim file. See State Castle Key Ins. Co. v. Benitez, 124 So. 3d 379 (Fla. 3d DCA 2013); State Farm Fire & Cas. Co. v. Valido, 662 So. 2d 1012 (Fla. 3d DCA 1995); Scottsdale Ins. Co. 5 CASE NO. 2023-CA-000001 v. Camara de Comercio Latino Americana de Los Estados Unidos, Inc., 813 So. 2d 250 (Fla. 3d DCA 2002); State Farm Fla. Ins. Co. v. Galhnon, 835 So. 2d 389 (Fla. 2d DCA 2003); Florida Residential Property and Casualty Join Underwriters Association v. Sanchez, 693 So. 2d 68 (Fla. 3d DCA 1997); American Reliance Insurance Company v. Rosemont Condominium Homeowners Association, 671 So. 2d 250 (Fla. 3d DCA 1996); Utica Mutual Insurance Company vs. Croft, 432 So. 2d 196 (Fla. 1st DCA 1983); State Farm Fla. Ins. Co. v. Aloni, 101 So. 3d 412 (Fla. 4th DCA 2012). Without waiving said objection, see Defendant’s Privilege Log. 23. All proofs of loss received by Defendant from Plaintiff, the Insured or Insured’s Representatives. RESPONSE: See attached. 24. All estimates received by Defendant from any source for repairs to the Property. RESPONSE: Defendant objects to this request to the extent that it seeks documentation prepared in anticipation of litigation. See Defendant’s Privilege Log. Subject to and without waiving said objection, see attached for all non-privileged, responsive documentation. 25. All Peer reviews or comparative estimates conducted in this matter. RESPONSE: See attached. 26. Defendant’s latest claims manual or statement of policies and procedures on the processing or handling of homeowner’s claims. 6 CASE NO. 2023-CA-000001 RESPONSE: Defendant objects to this request on the grounds that it seeks documents/records which are not relevant and/or constitute protected work product. See e.g. State Farm Ins. Co. v. Gallmon, 835 So. 2d 389, 390 (Fla. 2d DCA 2003) (“During discovery, the circuit court issued a wide-ranging order to State Farm to produce its claim files, investigative reports, adjuster notes, underwriting files, company policies and manuals, training materials, [etc.] . . . We quash the order in its entirety. These materials are either irrelevant to the first-party dispute that this case presents or are privileged work product.”). 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. RESPONSE: Defendant objects to this request on the grounds that it seeks documents/records which are not relevant and/or constitute protected work product. See e.g. State Farm Ins. Co. v. Gallmon, 835 So. 2d 389, 390 (Fla. 2d DCA 2003) (“During discovery, the circuit court issued a wide-ranging order to State Farm to produce its claim files, investigative reports, adjuster notes, underwriting files, company policies and manuals, training materials, [etc.] . . . We quash the order in its entirety. These materials are either irrelevant to the first-party dispute that this case presents or are privileged work product.”). 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. RESPONSE: See Response to Request to Produce #25 7 CASE NO. 2023-CA-000001 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. RESPONSE: Objection, this request is overbroad, unduly burdensome, not reasonably limited in time and scope, and seeks information that is irrelevant to this action. 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. RESPONSE: None. Defendant reserves the right to supplement and/or amend this response. 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. RESPONSE: See attached. 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. RESPONSE: See attached. 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. RESPONSE: None. 34. A copy of all check(s) issued by Defendant relating to the claim referenced in Plaintiff’s Complaint. RESPONSE: None. 8 CASE NO. 2023-CA-000001 CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a copy hereof has been electronically served via Florida ePortal to: Steven M. Croskey, steven@croskeylaw.org; on this 21st day of February, 2023. /s/ Kyle B. Davenport Kyle B. Davenport, Esquire Florida Bar No. 1039354 WICKER SMITH O'HARA MCCOY & FORD, P.A. Attorneys for Heritage Property & Casualty Insurance Company 50 N. Laura St., Suite 2700 Jacksonville, FL 32202 Phone: (904) 355-0225 Fax: (904) 355-0226 JAXcrtpleadings@wickersmith.com 9