Preview
Filing # 182253537 E-Filed 09/20/2023 02:53:24 PM
IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT.
IN AND FOR CHARLOTTE COUNTY, FLORIDA
CASE NO.: 23-001967-CA
RUTH RAPHAEL,
PLAINTIFF,
Vv.
UNIVERSAL PROPERTY & CASUALTY
INSURANCE COMPANY,
DEFENDANT.
/
PLAINTIFF’S NOTICE OF TAKING DEPOSITION
DUCES TECUM OF DEFENDANT’S FIELD ADJUSTER
PLEASE TAKE NOTICE that the undersigned attorneys will take the deposition of:
Deponent Date and Time Place
Monday, November
David Wale 6, 2023 Via Veritext Virtual
10:00 AM
Upon oral examination before a court reporter or any other Notary Public or officer authorized
by law to take depositions in the State of Florida. The oral examination will continue from hour
to hour and day to day until completed. This deposition is being taken for the purpose of
discovery, for use at trial or for such other purposes as are permitted under the Rules of Court.
YOU ARE REQUIRED TO HAVE WITH YOU ALL ORIGINAL DOCUMENTS THAT
YOU HAVE WHICH ARE LISTED IN THE ATTACHED SCHEDULE “A”.
In an effort to expedite the deposition(s), Plaintiff's counsel requests that the requested
documents responsive to Exhibit “A” be produced at least ten (10) days before the date of the
deposition(s) to allow the parties to conduct the depositions quickly and efficiently. This will
eliminate the need for Plaintiffs counsel to review the documents for the first time at the
deposition(s).
[IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, persons
with disabilities needing a special accommodation should contact the undersigned at (786)
529-0090 not later than seven (7) days prior to the proceedings.]
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on September 20, 2023 a true and correct copy of the
foregoing has been furnished via E-service to: Royce B. Badger, Jr, Esq.,
upciceservice0 1 @universalproperty.com. rh0322@universalproperty.com.
1b0503 @universalproperty.com, Samantha Ram, Esq., upciceservice01@universalproperty.com,
ag1130@universalproperty.com, sr0221@universalproperty.com, and Shannon M. West, Esq.,
sj0907@universalproperty.com, upciceservice0 1 @universalproperty.com,
kp1102@universalproperty.com.
By: s/ Oren Reich
Mordechai L. Breier, Esq.
Florida Bar No.: 0088186
Oren Reich, Esq.
Florida Bar No.: 0103371
CONSUMER LAW OFFICE, P.A.
16801 NE 6" Ave.
North Miami Beach, FL 33162
Phone: (305) 940-0924 | Fax: (305) 602-8204
E-service: service@myconsumerlawoffice.com
E-mail: oreich@myconsumerlawoffice.com
SCHEDULE “A”
You are requested to bring the following documents to your deposition:
Your entire file (including but not limited to written and electronic versions of all notes,
correspondence, e-mails, field notes, memoranda, reports, estimates, photographs,
videotapes, contracts, invoices, proposals and all other documents and things whatsoever in
the referenced file, whether written or electronic) in any way relating to: insurance claim
number FL22-0155757-A322 (the “Claim”)., which is associated with a date of loss of
September 28, 2022 and the property located at 26460 Rampart Blvd., Unit 212, Punta
Gorda, FL 33983, and any estimates and/or invoices produced by Plaintiff or any other
person and/or entity in relation to the Claim (the “Estimate”).
(For use in Schedule “A” of this deposition notice, the terms “You” and “Your” refer to the
deponent named in this deposition notice, as well as any entity whom the deponent was
employed by when the deponent was involved with the Claim, and any entity whom the
deponent was acting as an agent of when the deponent was involved with the Claim,
including but not limited to Defendant, as well as any entities, agents or third-party
contractors acting on Defendant’s behalf in relation to the Claim. In addition, the term
“and/or” shall be interpreted to mean “and.”)
Your entire file in any way relating to the Claim, including but not limited to written and
electronic versions of all notes, correspondence, emails, field notes, memoranda, reports,
estimates, photographs, videotapes, contracts, invoices, proposals and all other documents
and things whatsoever in the referenced file.
All correspondence, emails, and all other documents provided by the Insured or its
representatives to You, Your representatives, and/or the company you work for, in any way
related to the Claim and/or the Estimate.
All correspondence, emails, and all other documents provided by Plaintiff or its
representatives to You, Your representatives, and/or the company you work for, in any way
related to the Claim and/or the Estimate.
All correspondence, emails and all other documents provided by Defendant or its
representatives to You, Your representatives, and/or the company you work for, in any way
related to the Claim and/or the Estimate.
All correspondence, emails and all other documents provided by You, Your representatives,
and/or the company you work for, to Defendant or its representatives, in any way related to
the Claim and/or Estimate.
All correspondence, emails and all other documents provided by You, Your representatives
and/or the company you work for, to Plaintiff in any way related to the Claim and/or
Estimate.
All correspondence, emails and all other documents provided by You, Your representatives
and/or the company you work for, to the Insured in any way related to the Claim and/or
Estimate.
All documents indicating, showing and/or proving when the Claim and/or Estimate was
submitted to Defendant.
10. All documents indicating, showing and/or proving when the Claim and/or Estimate was first
submitted to You.
11 All documents supporting Defendant’s position that it does not have a current and/or
outstanding obligation to make payment to Plaintiff in relation to the Claim, including but
not limited to documents supporting the position that Defendant never had any obligation to
make payment to Plaintiff in relation to the Claim and/or Estimate.
12. All estimates prepared by You in any way related to the amount of payment being sought by
Plaintiff in relation to the Claim and/or Estimate.
13 All documents Defendant provided to You, Your representatives, and/or to the company you
work for in any way relating to the Claim and/or Estimate.
14 All documents indicating whether the Claim and/or Estimate may be related to damages
involving a prior claim made by the Insured or prior damage sustained by the Insured.
15 All documents indicating whether the Claim and/or Estimate may be related to damages
involving a subsequent claim made by the Insured or subsequent damage sustained by the
Insured.
16 All signed sworn proofs of loss submitted by the Insured to Defendant or You regarding the
Claim.
17 All building permits and all other records obtained from the county or other municipality,
applicable to the Property covering a five year span prior to the date of loss of the Claim.
18, All documents evidencing all payments made by Defendant involving any and all prior
and/or subsequent claims brought in relation to the Property in relation to claims which took
place before or after the loss associated with the Claim (the “Loss”).
19. All documents evidencing all payments made by Defendant in relation to the Claim and/or
Estimate.
20. All correspondence and/or documents between Defendant and any third parties (including
but not limited to You and/or anyone retained by Defendant such as loss consultants,
adjusters, engineers, plumbers, contractors, roofing contractors, water mitigation companies,
or any other professional or tradesman), excluding Defendant’s attorney, in any way related
to (1) the condition of the Property before Loss and/or (2) the damage to the Property
sustained during the Loss.
21 All documents showing or pertaining to any repairs made at the Property after the Loss.
22. All documents showing or pertaining to any repairs made at the Property before the Loss.
23 All written and electronic documents, written and computerized, memorializing the steps
taken by You, Your representatives and/or the company you work for, to investigate, process
and otherwise handle the Claim and/or Estimate.
24. All written and electronic records of all oral and non-oral communications between You,
Your representatives and/or the company you work for, and any employee and/or agent of
Defendant, that concern, refer to, relate to and/or pertain to: (a) the investigation, processing,
handling, and adjusting of the Claim and/or Estimate; (b) Defendant’s decision regarding
whether to pay and/or how much to pay in regard to the Claim and/or Estimate; and/or (c)
any decision by Defendant, and/or its agents and employees, to pay, deny payment, withhold
payment, conditionally make payment and/or make partial payment in regard to the Claim
and/or Estimate.
25 All written and electronic records of any investigation or adjustment activities by You, Your
representatives, and/or the company you work for, in any way related to the Claim and/or
Estimate.
26. All activity logs, reports, memoranda, damage estimates, diaries, claim notes and/or log notes
created, generated and/or prepared by You, Your representatives, and/or the company you
work for, relating and/or pertaining to: Defendant’s and/or Your investigation, handling,
evaluation and/or adjustment of the Claim and/or Estimate.
27. All activity logs, reports, memoranda, damage estimates, diaries, claim notes and/or log notes
created, generated and/or prepared by You, Your representatives, and/or the company you
work for, relating and/or pertaining to: the extent of damage and the reasons for payment,
denial of payment, withholding of payment, conditional payments and/or partial payments in
relation to the Claim and/or Estimate.
28. Copies of all photographs, video tapes, estimates, sketches, drawings, filed notes, estimates
for damages, reports created by You, Your representatives, and/or the company You work
regarding the Claim and/or Estimate.
29. All property damage inventories, estimates or reports prepared by You, Your representatives,
and/or the company you work for, concerning valuation of Claim and/or Estimate.
30. All documents, statements, notes, measurements, test results and related materials created by
You, Your representatives, and/or the company you work for, in any way relating to the
Claim and/or Estimate.
Preview
Filing # 182253537 E-Filed 09/20/2023 02:53:24 PM IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT. IN AND FOR CHARLOTTE COUNTY, FLORIDA CASE NO.: 23-001967-CA RUTH RAPHAEL, PLAINTIFF, Vv. UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, DEFENDANT. / PLAINTIFF’S NOTICE OF TAKING DEPOSITION DUCES TECUM OF DEFENDANT’S FIELD ADJUSTER PLEASE TAKE NOTICE that the undersigned attorneys will take the deposition of: Deponent Date and Time Place Monday, November David Wale 6, 2023 Via Veritext Virtual 10:00 AM Upon oral examination before a court reporter or any other Notary Public or officer authorized by law to take depositions in the State of Florida. The oral examination will continue from hour to hour and day to day until completed. This deposition is being taken for the purpose of discovery, for use at trial or for such other purposes as are permitted under the Rules of Court. YOU ARE REQUIRED TO HAVE WITH YOU ALL ORIGINAL DOCUMENTS THAT YOU HAVE WHICH ARE LISTED IN THE ATTACHED SCHEDULE “A”. In an effort to expedite the deposition(s), Plaintiff's counsel requests that the requested documents responsive to Exhibit “A” be produced at least ten (10) days before the date of the deposition(s) to allow the parties to conduct the depositions quickly and efficiently. This will eliminate the need for Plaintiffs counsel to review the documents for the first time at the deposition(s). [IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, persons with disabilities needing a special accommodation should contact the undersigned at (786) 529-0090 not later than seven (7) days prior to the proceedings.] CERTIFICATE OF SERVICE I HEREBY CERTIFY that on September 20, 2023 a true and correct copy of the foregoing has been furnished via E-service to: Royce B. Badger, Jr, Esq., upciceservice0 1 @universalproperty.com. rh0322@universalproperty.com. 1b0503 @universalproperty.com, Samantha Ram, Esq., upciceservice01@universalproperty.com, ag1130@universalproperty.com, sr0221@universalproperty.com, and Shannon M. West, Esq., sj0907@universalproperty.com, upciceservice0 1 @universalproperty.com, kp1102@universalproperty.com. By: s/ Oren Reich Mordechai L. Breier, Esq. Florida Bar No.: 0088186 Oren Reich, Esq. Florida Bar No.: 0103371 CONSUMER LAW OFFICE, P.A. 16801 NE 6" Ave. North Miami Beach, FL 33162 Phone: (305) 940-0924 | Fax: (305) 602-8204 E-service: service@myconsumerlawoffice.com E-mail: oreich@myconsumerlawoffice.com SCHEDULE “A” You are requested to bring the following documents to your deposition: Your entire file (including but not limited to written and electronic versions of all notes, correspondence, e-mails, field notes, memoranda, reports, estimates, photographs, videotapes, contracts, invoices, proposals and all other documents and things whatsoever in the referenced file, whether written or electronic) in any way relating to: insurance claim number FL22-0155757-A322 (the “Claim”)., which is associated with a date of loss of September 28, 2022 and the property located at 26460 Rampart Blvd., Unit 212, Punta Gorda, FL 33983, and any estimates and/or invoices produced by Plaintiff or any other person and/or entity in relation to the Claim (the “Estimate”). (For use in Schedule “A” of this deposition notice, the terms “You” and “Your” refer to the deponent named in this deposition notice, as well as any entity whom the deponent was employed by when the deponent was involved with the Claim, and any entity whom the deponent was acting as an agent of when the deponent was involved with the Claim, including but not limited to Defendant, as well as any entities, agents or third-party contractors acting on Defendant’s behalf in relation to the Claim. In addition, the term “and/or” shall be interpreted to mean “and.”) Your entire file in any way relating to the Claim, including but not limited to written and electronic versions of all notes, correspondence, emails, field notes, memoranda, reports, estimates, photographs, videotapes, contracts, invoices, proposals and all other documents and things whatsoever in the referenced file. All correspondence, emails, and all other documents provided by the Insured or its representatives to You, Your representatives, and/or the company you work for, in any way related to the Claim and/or the Estimate. All correspondence, emails, and all other documents provided by Plaintiff or its representatives to You, Your representatives, and/or the company you work for, in any way related to the Claim and/or the Estimate. All correspondence, emails and all other documents provided by Defendant or its representatives to You, Your representatives, and/or the company you work for, in any way related to the Claim and/or the Estimate. All correspondence, emails and all other documents provided by You, Your representatives, and/or the company you work for, to Defendant or its representatives, in any way related to the Claim and/or Estimate. All correspondence, emails and all other documents provided by You, Your representatives and/or the company you work for, to Plaintiff in any way related to the Claim and/or Estimate. All correspondence, emails and all other documents provided by You, Your representatives and/or the company you work for, to the Insured in any way related to the Claim and/or Estimate. All documents indicating, showing and/or proving when the Claim and/or Estimate was submitted to Defendant. 10. All documents indicating, showing and/or proving when the Claim and/or Estimate was first submitted to You. 11 All documents supporting Defendant’s position that it does not have a current and/or outstanding obligation to make payment to Plaintiff in relation to the Claim, including but not limited to documents supporting the position that Defendant never had any obligation to make payment to Plaintiff in relation to the Claim and/or Estimate. 12. All estimates prepared by You in any way related to the amount of payment being sought by Plaintiff in relation to the Claim and/or Estimate. 13 All documents Defendant provided to You, Your representatives, and/or to the company you work for in any way relating to the Claim and/or Estimate. 14 All documents indicating whether the Claim and/or Estimate may be related to damages involving a prior claim made by the Insured or prior damage sustained by the Insured. 15 All documents indicating whether the Claim and/or Estimate may be related to damages involving a subsequent claim made by the Insured or subsequent damage sustained by the Insured. 16 All signed sworn proofs of loss submitted by the Insured to Defendant or You regarding the Claim. 17 All building permits and all other records obtained from the county or other municipality, applicable to the Property covering a five year span prior to the date of loss of the Claim. 18, All documents evidencing all payments made by Defendant involving any and all prior and/or subsequent claims brought in relation to the Property in relation to claims which took place before or after the loss associated with the Claim (the “Loss”). 19. All documents evidencing all payments made by Defendant in relation to the Claim and/or Estimate. 20. All correspondence and/or documents between Defendant and any third parties (including but not limited to You and/or anyone retained by Defendant such as loss consultants, adjusters, engineers, plumbers, contractors, roofing contractors, water mitigation companies, or any other professional or tradesman), excluding Defendant’s attorney, in any way related to (1) the condition of the Property before Loss and/or (2) the damage to the Property sustained during the Loss. 21 All documents showing or pertaining to any repairs made at the Property after the Loss. 22. All documents showing or pertaining to any repairs made at the Property before the Loss. 23 All written and electronic documents, written and computerized, memorializing the steps taken by You, Your representatives and/or the company you work for, to investigate, process and otherwise handle the Claim and/or Estimate. 24. All written and electronic records of all oral and non-oral communications between You, Your representatives and/or the company you work for, and any employee and/or agent of Defendant, that concern, refer to, relate to and/or pertain to: (a) the investigation, processing, handling, and adjusting of the Claim and/or Estimate; (b) Defendant’s decision regarding whether to pay and/or how much to pay in regard to the Claim and/or Estimate; and/or (c) any decision by Defendant, and/or its agents and employees, to pay, deny payment, withhold payment, conditionally make payment and/or make partial payment in regard to the Claim and/or Estimate. 25 All written and electronic records of any investigation or adjustment activities by You, Your representatives, and/or the company you work for, in any way related to the Claim and/or Estimate. 26. All activity logs, reports, memoranda, damage estimates, diaries, claim notes and/or log notes created, generated and/or prepared by You, Your representatives, and/or the company you work for, relating and/or pertaining to: Defendant’s and/or Your investigation, handling, evaluation and/or adjustment of the Claim and/or Estimate. 27. All activity logs, reports, memoranda, damage estimates, diaries, claim notes and/or log notes created, generated and/or prepared by You, Your representatives, and/or the company you work for, relating and/or pertaining to: the extent of damage and the reasons for payment, denial of payment, withholding of payment, conditional payments and/or partial payments in relation to the Claim and/or Estimate. 28. Copies of all photographs, video tapes, estimates, sketches, drawings, filed notes, estimates for damages, reports created by You, Your representatives, and/or the company You work regarding the Claim and/or Estimate. 29. All property damage inventories, estimates or reports prepared by You, Your representatives, and/or the company you work for, concerning valuation of Claim and/or Estimate. 30. All documents, statements, notes, measurements, test results and related materials created by You, Your representatives, and/or the company you work for, in any way relating to the Claim and/or Estimate.