Preview
Filing # 174583911 E-Filed 06/05/2023 11:34:12 AM
IN THE CIRCUIT COURT OF THE 20
JUDICIAL CIRCUIT IN AND FOR
CHARLOTTE COUNTY, FLORIDA
RUTH RAPHAEL,
CASE NO.: 23-001967-
Plaintiff,
vs.
UNIVERSAL PROPERTY & CASUALTY
INSURANCE COMPANY,
Defendant.
_______________________________________/
DEFENDANT’S FIRST SET OF INTERROGATORIES TO PLAINTIFF
Defendant, UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY (the
“Insurance Company”) pursuant to Rule 1.340 of the Florida Rules of Civil Procedure, propounds
the following First Set of Interrogatories upon Plaintiff (the “Insured”), to be answered in writing,
under oath, within the time specified.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via E-
Service to: Oren Reich, Esq., Consumer Law Office, P.A. (service@consumerlawoffice.com
oreich@consumerlawoffice.com counsel for Plaintiff, on this 5 day of June, 2023.
Attorney for Defendant
Universal Property & Casualty Ins. Co.
P.O. Box 9388
Fort Lauderdale, FL 33310
Legal Assistant Telephone: (954) 958-1200 ext. 6902
Receptionist Telephone: (954)-958-3319
Toll-Fee: 1-833-658-8594 (Judges Only)
Facsimile: 954-958-1262
By: /s/ Samantha D. Ram
Samantha D. Ram, Esq.
Florida Bar No. 1019267
For Service of Court Documents only:
Primary: upciceservice01@universalproperty.com
Secondary: ag1130@universalproperty.com
Page 2
Tertiary: sr0221@universalproperty.com
For Scheduling Matters:
ag1130@universalproperty.com
*Please do not send any inquiries or scheduling matters to
upciceservice@universalproperty.com or upciceservice01@universalproperty.com
Page 3
DEFINITIONS
Calendar Year” means that period of time that begins at 12:01 a.m. on January 1 of any
given year and ends at 11:59 pm. on December 31 of that year.
2. ” means the insurance claim that Plaintiff (as defined herein) reported to Defendant
(as defined herein) and that serves as a basis for any causes of action asserted against Defendant
in this action.
3. Claimed Cause of Loss” means the event and/or reason that You (as defined herein) are
claiming that the Insured Property (as defined herein) was damaged.
4. Concerning”, “concern,” or any other derivative thereof as used herein, shall be
construed as referring to, responding to, relating to, pertaining to, connected with, comprising,
memorializing, commenting on, substantiating, regarding, discussing, showing, describing,
reflecting, analyzing, and constituting.
5. Control” means having possession of and/or the power and/or authority to request
possession of the subject matter or a copy thereof, or direct the possession, movement, transfer or
other disposition of the subject property or document.
6. Date” means the exact date (including day, month, and year). If the exact day, month, and
year is not ascertainable, then the best available approximation of the exact day, month, and year.
Defendant” means Universal Property & Casualty Insurance Company.
8. Document” or “documents” means anything which may be considered to be a document or
tangible thing within the meaning of Fla. R. Civ. P. 1.350 and means any and all correspondence,
records, reports, memoranda, notes, letters, telegrams, emails, voicemails, telexes, texts, messages
(including, but not limited to, memos, notes and/or reports of telephone conversations and
conferences), studies, analyses, books, magazines, newspapers, publications, booklets, pamphlets,
circulars, bulletins, instructions, minutes, or other communications (including, but not limited to,
interoffice and intra-office communications), questionnaires, surveys, contracts, memoranda of
agreements, assignments, books of account, journals, ledgers, summaries, opinions, reports,
evaluations, financial statements and all records of or reflecting business operations, mortgages,
evaluations, orders, working papers, bills of lading, shipping lists, load sheets, warehouse receipts,
letters of credit, insurance policies, records of summaries of personal interviews or conversations,
appointment calendars, diaries, schedules, printouts, drawings, specifications, patents, patent
applications, certificates of registration, applications for registration, graphs, charts, studies, planning
materials, statistical statements and compilations, forecasts, work papers, invoices, statements, bills,
checks, bank books, bank statements, forms, vouchers, notebooks, data sheets, microfilm, microfiche,
photographic negatives, audio tape, video tape, compact disks, blueprints, specifications, architectural
diagrams, schematics, logic diagrams, timing diagrams, pictures, photographs, microscopically
obtained photographs, test results, belts, tapes, magnetic tapes, paper tapes, plotter output recordings,
discs, data cards, films, data processing files, computer files and other computer readable records or
programs and all other written, printed or recorded matter of any kind, and all other data compilations
Page 4
from which information can be obtained, and translated, if necessary, and all originals, drafts and
copies thereof. Any documents bearing any marks including, but not limited to, initials, stamped
indicia, comments, or notations, of any kind that are not a part of the original text or photographic
reproduction thereof are to be considered and identified as separate documents.
9. Dwelling” means the physical dwelling located at the Insured Property (as defined
herein).
10. Insured Property” means the real property specifically listed on the declarations page of
the Policy (as defined herein).
11. Other Structures” means any structures located at the Insured Property that are set apart
from and/or not connected to the Dwelling including, but not limited to, those structures connected
only by a fence, utility line, and/or similar connection.
12. Person” or “Persons” shall mean any natural person or any legal entity including, but not
limited to, a corporation, partnership and unincorporated association, firm, joint venture,
proprietorship, and/or any other entity or group of natural persons or such entities, singular or plural,
male, female, or neuter gender, as the context may require, and any officer.
13. Plaintiff” means any person and/or entity named as a plaintiff in this action.
14. ” means the insurance policy that serves as a basis for any causes of action asserted
against Defendant in this lawsuit.
15. Related to”, “relating to”, and “relate to” shall include pertaining to, referring to, relevant
to, supporting, contradicting, mentioning, evidencing, discussing or otherwise involving, whether
directly or indirectly, the subject matter of the specified request.
Universal” means Defendant UNIVERSAL PROPERTY & CASUALTY INSURANCE
COMPANY
17. Written Communication” or “correspondence” means the conveyance of information
by a writing, whether by letters, e-mails, memoranda, handwritten notes and/or faxes.
18. Witness Statement” or “Statement” means a statement of any person with knowledge
of relevant facts, regardless of when the statement was made, and is either (i) a written statement
signed or otherwise adopted and/or approved in writing by the person making it; or, (ii) a
stenographic, mechanical, electrical, and/or other type of recording of a person’s oral statement
and/or any substantially verbatim transcript of such recording.
19. Your” means the specific party responding to these requests and/or any person
and/or entity named as a Plaintiff in this action.
20. Your Counsel” means the attorney or attorneys who are representing or have represented
you either with regard to the claim or in this lawsuit.
Page 5
INTERROGATORIES
In accordance with Rule 1.340(e) of the Fla. R. Civ. P., space has been provided after each
interrogatory for a response to be inserted. However, if more space is needed, “the answering
party may attach additional documents with answers and refer to them in the space provided in
the interrogatories.” See, Fla. R. Civ. P. 1.340(e).
Please state the name and address of the person answering these Interrogatories and the
name and address of any person assisting in preparing responses to these
Interrogatories.
ANSWER:
Please state all facts upon which you base the contention that the damage(s) sustained
to the Plaintiff’s property is covered under the subject insurance policy.
ANSWER:
Please state the name and address of all persons who are believed or known by you,
your agents or your attorneys to have any knowledge concerning any issues in this
lawsuit; please specify the subject matter about which each witness has knowledge.
ANSWER:
Please state the name and address of every person known to you, your agents or your
attorneys, who have knowledge about or possession, custody or control of any model,
plat, map, drawing, motion picture, videotape, or photograph pertaining to any fact or
issue involved in this controversy; please describe as each what items such
individual(s) have, the name and address of the party who took or prepared it and the
date it was taken or prepared.
ANSWER:
Page 6
Please state the name and address of every individual who has conducted an
investigation, adjustment or evaluation of the Plaintiff’s residence to determine the
cause of the alleged damage to which Plaintiff is seeking insurance coverage.
ANSWER:
Please state each item of damage to the dwelling, contents or for additional living
expenses that you are claiming and/or other damages that you are claiming and provide
an explanation for the computation of each item of damage.
ANSWER:
Please state if you have ever been a party, either plaintiff or defendant, in a lawsuit
other than the present matter and, if so, please state whether you were plaintiff or
defendant, the nature of the action and the date and court in which suit was filed.
ANSWER:
Please indicate whether you have filed any insurance claims in the last ten (10) years
prior to the subject claim or any claims subsequent to the aforementioned date. If so,
please identify the nature of the claim, the insurer and the date of the claim.
ANSWER:
Please indicate if the subject property was insured by you pursuant to any other
insurance policies prior to the issuance of the Universal policy at issue. If so, please
name the insurance carrier and the applicable policy periods.
Page 7
ANSWER:
Please identify the initial date and time that the alleged damage claimed in the lawsuit
occurred to the subject property and the nature of the damage.
ANSWER:
Please list all damages discovered on the date referenced in Interrogatory 10 and
identify the individual that discovered the damage.
ANSWER:
Please identify any and all repairs made to the subject property, that you are claiming
were damaged, within five (5) years prior to the loss at issue or anytime subsequent to
the claim at issue, as well as the nature of the repair(s) and the party making the repair.
ANSWER:
Please state any and all actions taken by you or anyone on your behalf to protect the
alleged damaged property from further damage.
ANSWER:
Please identify all persons/companies that inspected and/or appraised the subject
property at the time of or prior to your purchase of the property.
Page 8
ANSWER:
[THIS REMAINING SPACE INTENTIONALLY LEFT BLANK]
Page 9
_____________________________
RUTH RAPHAEL
STATE OF FLORIDA }
}
COUNTY OF CHARLOTTE }
BEFORE ME, the undersigned authority, personally appeared ______________________
who is personally known to me being first duly sworn according to law, deposes and says that she
executed the foregoing Verified Answers to Defendant’s First Set of Interrogatories and that they
are true and correct to the best of her knowledge and belief.
IN WITNESS WHEREORE, I have hereunto set my hand and affixed the seal of my office;
in the County and State last aforesaid, this ____ day of ___________________, 2023.
_________________________________________
NOTARY PUBLIC
State of Florida
My Commission expires:
___________________________________
Preview
Filing # 174583911 E-Filed 06/05/2023 11:34:12 AM IN THE CIRCUIT COURT OF THE 20 JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA RUTH RAPHAEL, CASE NO.: 23-001967- Plaintiff, vs. UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. _______________________________________/ DEFENDANT’S FIRST SET OF INTERROGATORIES TO PLAINTIFF Defendant, UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY (the “Insurance Company”) pursuant to Rule 1.340 of the Florida Rules of Civil Procedure, propounds the following First Set of Interrogatories upon Plaintiff (the “Insured”), to be answered in writing, under oath, within the time specified. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via E- Service to: Oren Reich, Esq., Consumer Law Office, P.A. (service@consumerlawoffice.com oreich@consumerlawoffice.com counsel for Plaintiff, on this 5 day of June, 2023. Attorney for Defendant Universal Property & Casualty Ins. Co. P.O. Box 9388 Fort Lauderdale, FL 33310 Legal Assistant Telephone: (954) 958-1200 ext. 6902 Receptionist Telephone: (954)-958-3319 Toll-Fee: 1-833-658-8594 (Judges Only) Facsimile: 954-958-1262 By: /s/ Samantha D. Ram Samantha D. Ram, Esq. Florida Bar No. 1019267 For Service of Court Documents only: Primary: upciceservice01@universalproperty.com Secondary: ag1130@universalproperty.com Page 2 Tertiary: sr0221@universalproperty.com For Scheduling Matters: ag1130@universalproperty.com *Please do not send any inquiries or scheduling matters to upciceservice@universalproperty.com or upciceservice01@universalproperty.com Page 3 DEFINITIONS Calendar Year” means that period of time that begins at 12:01 a.m. on January 1 of any given year and ends at 11:59 pm. on December 31 of that year. 2. ” means the insurance claim that Plaintiff (as defined herein) reported to Defendant (as defined herein) and that serves as a basis for any causes of action asserted against Defendant in this action. 3. Claimed Cause of Loss” means the event and/or reason that You (as defined herein) are claiming that the Insured Property (as defined herein) was damaged. 4. Concerning”, “concern,” or any other derivative thereof as used herein, shall be construed as referring to, responding to, relating to, pertaining to, connected with, comprising, memorializing, commenting on, substantiating, regarding, discussing, showing, describing, reflecting, analyzing, and constituting. 5. Control” means having possession of and/or the power and/or authority to request possession of the subject matter or a copy thereof, or direct the possession, movement, transfer or other disposition of the subject property or document. 6. Date” means the exact date (including day, month, and year). If the exact day, month, and year is not ascertainable, then the best available approximation of the exact day, month, and year. Defendant” means Universal Property & Casualty Insurance Company. 8. Document” or “documents” means anything which may be considered to be a document or tangible thing within the meaning of Fla. R. Civ. P. 1.350 and means any and all correspondence, records, reports, memoranda, notes, letters, telegrams, emails, voicemails, telexes, texts, messages (including, but not limited to, memos, notes and/or reports of telephone conversations and conferences), studies, analyses, books, magazines, newspapers, publications, booklets, pamphlets, circulars, bulletins, instructions, minutes, or other communications (including, but not limited to, interoffice and intra-office communications), questionnaires, surveys, contracts, memoranda of agreements, assignments, books of account, journals, ledgers, summaries, opinions, reports, evaluations, financial statements and all records of or reflecting business operations, mortgages, evaluations, orders, working papers, bills of lading, shipping lists, load sheets, warehouse receipts, letters of credit, insurance policies, records of summaries of personal interviews or conversations, appointment calendars, diaries, schedules, printouts, drawings, specifications, patents, patent applications, certificates of registration, applications for registration, graphs, charts, studies, planning materials, statistical statements and compilations, forecasts, work papers, invoices, statements, bills, checks, bank books, bank statements, forms, vouchers, notebooks, data sheets, microfilm, microfiche, photographic negatives, audio tape, video tape, compact disks, blueprints, specifications, architectural diagrams, schematics, logic diagrams, timing diagrams, pictures, photographs, microscopically obtained photographs, test results, belts, tapes, magnetic tapes, paper tapes, plotter output recordings, discs, data cards, films, data processing files, computer files and other computer readable records or programs and all other written, printed or recorded matter of any kind, and all other data compilations Page 4 from which information can be obtained, and translated, if necessary, and all originals, drafts and copies thereof. Any documents bearing any marks including, but not limited to, initials, stamped indicia, comments, or notations, of any kind that are not a part of the original text or photographic reproduction thereof are to be considered and identified as separate documents. 9. Dwelling” means the physical dwelling located at the Insured Property (as defined herein). 10. Insured Property” means the real property specifically listed on the declarations page of the Policy (as defined herein). 11. Other Structures” means any structures located at the Insured Property that are set apart from and/or not connected to the Dwelling including, but not limited to, those structures connected only by a fence, utility line, and/or similar connection. 12. Person” or “Persons” shall mean any natural person or any legal entity including, but not limited to, a corporation, partnership and unincorporated association, firm, joint venture, proprietorship, and/or any other entity or group of natural persons or such entities, singular or plural, male, female, or neuter gender, as the context may require, and any officer. 13. Plaintiff” means any person and/or entity named as a plaintiff in this action. 14. ” means the insurance policy that serves as a basis for any causes of action asserted against Defendant in this lawsuit. 15. Related to”, “relating to”, and “relate to” shall include pertaining to, referring to, relevant to, supporting, contradicting, mentioning, evidencing, discussing or otherwise involving, whether directly or indirectly, the subject matter of the specified request. Universal” means Defendant UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY 17. Written Communication” or “correspondence” means the conveyance of information by a writing, whether by letters, e-mails, memoranda, handwritten notes and/or faxes. 18. Witness Statement” or “Statement” means a statement of any person with knowledge of relevant facts, regardless of when the statement was made, and is either (i) a written statement signed or otherwise adopted and/or approved in writing by the person making it; or, (ii) a stenographic, mechanical, electrical, and/or other type of recording of a person’s oral statement and/or any substantially verbatim transcript of such recording. 19. Your” means the specific party responding to these requests and/or any person and/or entity named as a Plaintiff in this action. 20. Your Counsel” means the attorney or attorneys who are representing or have represented you either with regard to the claim or in this lawsuit. Page 5 INTERROGATORIES In accordance with Rule 1.340(e) of the Fla. R. Civ. P., space has been provided after each interrogatory for a response to be inserted. However, if more space is needed, “the answering party may attach additional documents with answers and refer to them in the space provided in the interrogatories.” See, Fla. R. Civ. P. 1.340(e). Please state the name and address of the person answering these Interrogatories and the name and address of any person assisting in preparing responses to these Interrogatories. ANSWER: Please state all facts upon which you base the contention that the damage(s) sustained to the Plaintiff’s property is covered under the subject insurance policy. ANSWER: Please state the name and address of all persons who are believed or known by you, your agents or your attorneys to have any knowledge concerning any issues in this lawsuit; please specify the subject matter about which each witness has knowledge. ANSWER: Please state the name and address of every person known to you, your agents or your attorneys, who have knowledge about or possession, custody or control of any model, plat, map, drawing, motion picture, videotape, or photograph pertaining to any fact or issue involved in this controversy; please describe as each what items such individual(s) have, the name and address of the party who took or prepared it and the date it was taken or prepared. ANSWER: Page 6 Please state the name and address of every individual who has conducted an investigation, adjustment or evaluation of the Plaintiff’s residence to determine the cause of the alleged damage to which Plaintiff is seeking insurance coverage. ANSWER: Please state each item of damage to the dwelling, contents or for additional living expenses that you are claiming and/or other damages that you are claiming and provide an explanation for the computation of each item of damage. ANSWER: Please state if you have ever been a party, either plaintiff or defendant, in a lawsuit other than the present matter and, if so, please state whether you were plaintiff or defendant, the nature of the action and the date and court in which suit was filed. ANSWER: Please indicate whether you have filed any insurance claims in the last ten (10) years prior to the subject claim or any claims subsequent to the aforementioned date. If so, please identify the nature of the claim, the insurer and the date of the claim. ANSWER: Please indicate if the subject property was insured by you pursuant to any other insurance policies prior to the issuance of the Universal policy at issue. If so, please name the insurance carrier and the applicable policy periods. Page 7 ANSWER: Please identify the initial date and time that the alleged damage claimed in the lawsuit occurred to the subject property and the nature of the damage. ANSWER: Please list all damages discovered on the date referenced in Interrogatory 10 and identify the individual that discovered the damage. ANSWER: Please identify any and all repairs made to the subject property, that you are claiming were damaged, within five (5) years prior to the loss at issue or anytime subsequent to the claim at issue, as well as the nature of the repair(s) and the party making the repair. ANSWER: Please state any and all actions taken by you or anyone on your behalf to protect the alleged damaged property from further damage. ANSWER: Please identify all persons/companies that inspected and/or appraised the subject property at the time of or prior to your purchase of the property. Page 8 ANSWER: [THIS REMAINING SPACE INTENTIONALLY LEFT BLANK] Page 9 _____________________________ RUTH RAPHAEL STATE OF FLORIDA } } COUNTY OF CHARLOTTE } BEFORE ME, the undersigned authority, personally appeared ______________________ who is personally known to me being first duly sworn according to law, deposes and says that she executed the foregoing Verified Answers to Defendant’s First Set of Interrogatories and that they are true and correct to the best of her knowledge and belief. IN WITNESS WHEREORE, I have hereunto set my hand and affixed the seal of my office; in the County and State last aforesaid, this ____ day of ___________________, 2023. _________________________________________ NOTARY PUBLIC State of Florida My Commission expires: ___________________________________