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Filing # 143746322 E-Filed 02/11/2022 10:28:43 AM
IN THE COUNTY COURT OF THE 9TH
JUDICIAL CIRCUIT IN AND FOR
OSCEOLA COUNTY, FLORIDA
ELR RESTORATION INC. A/A/O
GERMAN GUTIERREZ, CASE NO.: 2021-SC-001892-SP
Plaintiff(s),
vs.
UNIVERSAL PROPERTY AND CASUALTY
INSURANCE COMPANY,
Defendant.
_____________________________________/
DEFENDANT’S NOTICE OF SERVING FIRST SET OF INTERROGATORIES
Defendant UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, by and
through undersigned counsel, propounds the attached Interrogatories to Plaintiff, to be answered
under oath within thirty (30) days from receipt hereof in accordance with the applicable Florida
Rules of Civil Procedure.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via
Electronic Service to: Earl Higgs, Esq., (ehiggs@higgslawpa.com; ehenry@higgslawpa.com;
gsantos@higgslawpa.com ), counsel for Plaintiff, on this 11th day of February, 2022.
Attorney for Defendant
Universal Property & Casualty Ins. Co.
P.O. Box 9388
Fort Lauderdale, FL 33310
Telephone: 1-833-658-8594
Facsimile: 954-958-1262
By: /s/ Ryan Taub
Ryan Taub, Esq.
Florida Bar No. 112213
For Service of Court Documents only:
Primary:upciceservice04@universalproperty.com
Secondary: SC0820@universalproperty.com
Tertiary: RT0604@universalproperty.com
CASE NO.: 2021-SC-001892-SP
INTERROGATORIES
1. List the name, title, occupation, address and telephone number of any person who may have
knowledge of any fact relating to the subject insurance claim, any purported assignment of the
claim, or the lawsuit. As to each person listed, include a summary of his or her knowledge,
including the basis of it.
ANSWER:
2. Provide the factual basis for each allegation in the Complaint. Include the name, title,
occupation, address and telephone number of any person with knowledge, and identify all
documents and communications, relating to the allegations. As to each person listed, include a
summary of his or her knowledge, including the basis of it.
ANSWER:
3. Detail and explain the loss and/or damage referenced in the Complaint.
ANSWER:
CASE NO.: 2021-SC-001892-SP
4. Specify, in detail, all of the damages that you are claiming or seeking in this lawsuit, including,
but not limited to, compensatory damages, consequential damages, punitive damages, pre-
judgment interest. Your response should set forth the total amount claimed or sought, the type
of damages claimed or sought, the amount claimed or sought per type of damage, and a detailed
account of the calculations used to arrive at each amount.
ANSWER:
5. As it relates to the damages claimed in the prior interrogatory, please detail the policy
provision(s) that you claim provide coverage for payment. Please also detail any legislative
provisions purportedly requiring payment.
ANSWER:
6. Who prepared Plaintiff’s estimate(s) at issue in this lawsuit? What are the prices based on, and
who determined these prices?
ANSWER:
CASE NO.: 2021-SC-001892-SP
7. Provide the factual basis for your allegation that Universal has breached the insurance policy,
including the provision(s) purportedly breached.
ANSWER:
8. If you contend that the Insured, or anyone on his behalf, fully and completely satisfied all post-
loss obligations under the subject insurance policy, pursuant to Universal’s request or
otherwise, describe, in detail, all such compliance. Include the name, title, occupation, address
and telephone number of any person with knowledge, and identify all documents and
communications, relating to the purported compliance. As to each person listed, include a
summary of his or her knowledge, including the basis of it.
ANSWER:
9. If you contend that Universal was not prejudiced by noncompliance with policy conditions,
detail your contentions.
ANSWER:
CASE NO.: 2021-SC-001892-SP
10. State the name, title, address and telephone number of any workers or subcontractor(s) who
performed any work at the property, describing the specific work performed.
ANSWER:
11. State the dates when the work and/or services referenced in your Complaint was/were
performed, specifying the work done on each date.
ANSWER:
12. Describe, in detail, the circumstances relating to your involvement with the property. Include
the name, title, occupation, address and telephone number of any person with knowledge, and
identify all documents and communications, relating to the response. As to each person listed,
include a summary of his or her knowledge, including the basis of it.
ANSWER:
CASE NO.: 2021-SC-001892-SP
13. Who specifically asked Plaintiff to perform services at the subject property, and for what
reasons?
ANSWER:
14. List each payment made to you relating to the subject insurance claim, the property, and/or the
lawsuit. Include the identity of the individual/entity making the payment, the date the payment
was received, the amount of the payment, and the reason for the payment.
ANSWER:
15. Detail all work performed by you at the property, or that you anticipate performing in the
future, related to the subject claim.
ANSWER:
CASE NO.: 2021-SC-001892-SP
16. Identify and detail any and all contracts relating to the subject insurance claim, or, the lawsuit.
ANSWER:
17. Detail all inspections at the property. Be sure to identify the scope and purpose of the
inspection(s); whether or not reports were prepared; whether or not photographs or videotapes
were taken; and, the custodian of such reports, photographs, and/or videotapes.
ANSWER:
18. If coverage for the subject claim has been denied by Universal, please detail all facts and
information you currently know about to refute the reason(s) for the denial.
ANSWER:
CASE NO.: 2021-SC-001892-SP
I, ___________________________________, being duly sworn upon oath, state that the
foregoing Answers to Interrogatories are true and correct.
___________________________________
[Print name]
___________________________________
[Signature]
STATE OF FLORIDA )
S.S.)
COUNTY OF ___________ )
BEFORE ME, the foregoing instrument was acknowledged by _____________________
who is personally known to me or has produced identification in the form of ________________
and who executed the foregoing instrument for the purposes therein expressed.
IN WITNESS WHEREOF, I have hereto set my hand and official seal this _____ day of
__________________, 2022.
Signature of Notary Public
Name of Notary Typed, Printed or Stamped
Commission Number
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Filing # 143746322 E-Filed 02/11/2022 10:28:43 AM IN THE COUNTY COURT OF THE 9TH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA ELR RESTORATION INC. A/A/O GERMAN GUTIERREZ, CASE NO.: 2021-SC-001892-SP Plaintiff(s), vs. UNIVERSAL PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant. _____________________________________/ DEFENDANT’S NOTICE OF SERVING FIRST SET OF INTERROGATORIES Defendant UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, by and through undersigned counsel, propounds the attached Interrogatories to Plaintiff, to be answered under oath within thirty (30) days from receipt hereof in accordance with the applicable Florida Rules of Civil Procedure. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via Electronic Service to: Earl Higgs, Esq., (ehiggs@higgslawpa.com; ehenry@higgslawpa.com; gsantos@higgslawpa.com ), counsel for Plaintiff, on this 11th day of February, 2022. Attorney for Defendant Universal Property & Casualty Ins. Co. P.O. Box 9388 Fort Lauderdale, FL 33310 Telephone: 1-833-658-8594 Facsimile: 954-958-1262 By: /s/ Ryan Taub Ryan Taub, Esq. Florida Bar No. 112213 For Service of Court Documents only: Primary:upciceservice04@universalproperty.com Secondary: SC0820@universalproperty.com Tertiary: RT0604@universalproperty.com CASE NO.: 2021-SC-001892-SP INTERROGATORIES 1. List the name, title, occupation, address and telephone number of any person who may have knowledge of any fact relating to the subject insurance claim, any purported assignment of the claim, or the lawsuit. As to each person listed, include a summary of his or her knowledge, including the basis of it. ANSWER: 2. Provide the factual basis for each allegation in the Complaint. Include the name, title, occupation, address and telephone number of any person with knowledge, and identify all documents and communications, relating to the allegations. As to each person listed, include a summary of his or her knowledge, including the basis of it. ANSWER: 3. Detail and explain the loss and/or damage referenced in the Complaint. ANSWER: CASE NO.: 2021-SC-001892-SP 4. Specify, in detail, all of the damages that you are claiming or seeking in this lawsuit, including, but not limited to, compensatory damages, consequential damages, punitive damages, pre- judgment interest. Your response should set forth the total amount claimed or sought, the type of damages claimed or sought, the amount claimed or sought per type of damage, and a detailed account of the calculations used to arrive at each amount. ANSWER: 5. As it relates to the damages claimed in the prior interrogatory, please detail the policy provision(s) that you claim provide coverage for payment. Please also detail any legislative provisions purportedly requiring payment. ANSWER: 6. Who prepared Plaintiff’s estimate(s) at issue in this lawsuit? What are the prices based on, and who determined these prices? ANSWER: CASE NO.: 2021-SC-001892-SP 7. Provide the factual basis for your allegation that Universal has breached the insurance policy, including the provision(s) purportedly breached. ANSWER: 8. If you contend that the Insured, or anyone on his behalf, fully and completely satisfied all post- loss obligations under the subject insurance policy, pursuant to Universal’s request or otherwise, describe, in detail, all such compliance. Include the name, title, occupation, address and telephone number of any person with knowledge, and identify all documents and communications, relating to the purported compliance. As to each person listed, include a summary of his or her knowledge, including the basis of it. ANSWER: 9. If you contend that Universal was not prejudiced by noncompliance with policy conditions, detail your contentions. ANSWER: CASE NO.: 2021-SC-001892-SP 10. State the name, title, address and telephone number of any workers or subcontractor(s) who performed any work at the property, describing the specific work performed. ANSWER: 11. State the dates when the work and/or services referenced in your Complaint was/were performed, specifying the work done on each date. ANSWER: 12. Describe, in detail, the circumstances relating to your involvement with the property. Include the name, title, occupation, address and telephone number of any person with knowledge, and identify all documents and communications, relating to the response. As to each person listed, include a summary of his or her knowledge, including the basis of it. ANSWER: CASE NO.: 2021-SC-001892-SP 13. Who specifically asked Plaintiff to perform services at the subject property, and for what reasons? ANSWER: 14. List each payment made to you relating to the subject insurance claim, the property, and/or the lawsuit. Include the identity of the individual/entity making the payment, the date the payment was received, the amount of the payment, and the reason for the payment. ANSWER: 15. Detail all work performed by you at the property, or that you anticipate performing in the future, related to the subject claim. ANSWER: CASE NO.: 2021-SC-001892-SP 16. Identify and detail any and all contracts relating to the subject insurance claim, or, the lawsuit. ANSWER: 17. Detail all inspections at the property. Be sure to identify the scope and purpose of the inspection(s); whether or not reports were prepared; whether or not photographs or videotapes were taken; and, the custodian of such reports, photographs, and/or videotapes. ANSWER: 18. If coverage for the subject claim has been denied by Universal, please detail all facts and information you currently know about to refute the reason(s) for the denial. ANSWER: CASE NO.: 2021-SC-001892-SP I, ___________________________________, being duly sworn upon oath, state that the foregoing Answers to Interrogatories are true and correct. ___________________________________ [Print name] ___________________________________ [Signature] STATE OF FLORIDA ) S.S.) COUNTY OF ___________ ) BEFORE ME, the foregoing instrument was acknowledged by _____________________ who is personally known to me or has produced identification in the form of ________________ and who executed the foregoing instrument for the purposes therein expressed. IN WITNESS WHEREOF, I have hereto set my hand and official seal this _____ day of __________________, 2022. Signature of Notary Public Name of Notary Typed, Printed or Stamped Commission Number