Preview
Filing # 148354482 E-Filed 04/25/2022 07:39:37 PM
IN THE COUNTY COURT OF THE FIRST JUDICIAL CIRCUIT
IN AND FOR ESCAMBIA COUNTY, FLORIDA
LAWRENCE WIGGINS AND LETHA WIGGINS,
Plaintiff,
Vv.
STATE FARM FLORIDA INSURANCE
COMPANY,
CASE NO: 2022-CA-000144
Defendant.
DEFENDANT’S RESPONSES TO PLAINTIFFS’ REQUEST OF PRODUCTION
Defendant, State Farm Florida Insurance Company (“State Farm”), by and through
undersigned counsel and pursuant to Florida Rules of Civil Procedure, hereby files its Responses
to Plaintiff's First Request for Production.
1) All insurance policies which you contend would provide or exclude coverage to the
Plaintiff, together with any declaration of coverage page.
RESPONSE:
A certified copy of Policy No. 808433690 (“Policy”) issued to Lawrence Wiggins
(“Plaintiff”) subject to all terms, conditions, definitions, limitations, exclusions and
endorsements contained within the Policy, for the property located at 1573 Kyle Dr,
Pensacola, FL 32505 (“insured property”), for the one-year policy period of July 15,
2020 through July 15, 2021, shall be produced under separate cover.
2) A sworn statement of a corporate officer of Defendant attesting to the coverage and
authenticity of the policy.
RESPONSE:
See State Farm’s response to Request number 1 above in its entirety.
Page 1 of 10
3) All documents (including but not limited to checks, statements, receipts, letters, emails or
other correspondence), reflecting any payment made to any person or entity for any reason
as a result of Plaintiff's claim.
RESPONSE:
Objection. The Request is overbroad in scope with respect to subject matter, time
and lacks specificity. The Request seeks information that is protected by the attorney-
client and/or work-product privileges. Further, an insurer’s claim file and/or an
insurer’s underwriting file and/or claim handling procedures and guidelines is/are
not within the scope of a first party claim for insurance benefits. See Avatar Prop. &
Cas. Ins, Co., v. Mitchell, 2021 WL 112751 (Fla. 3d DCA Jan. 13, 2021); Homeowner’s
Choice Property and Casualty Ins. Co. Inc. v. Avila, 248 So. 3d 180 (Fla. 3d DCA 2018);
State Farm Mut. Auto Ins. v. Premier Diagnostic Centers, LLC, 185 So. 3d 575 (Fla. 3d
DCA 2016), denied review, 2016 WL 3002460 (Fla. May 25, 2016); Castle Key Ins. Co.
vy. Benitez, 124 So. 3d 379 (Fla. 3d DCA 2013); State Farm Florida Ins. Co. v. Kramer,
41 So. 3d 313 (Fla. 4!" DCA 2010); State Farm Mutual Automobile Ins. Comp. v.
O’Hearn, 975 So. 2d 633 (Fla. 2d DCA 2008); State Farm Florida Ins., Co. v. Gallmon,
835 So. 2d 389 (Fla. 2d DCA 2003); Scottsdale Insurance Co. v. Camara De Comercio
Latino-Americana De Los Estados Unidos, Inc., 813 So. 2d 250 (Fla. 3d DCA 2002);
American Reliance Ins. Comp., v. Rosemont Condominium Homeowners Association,
671 So. 2d 250 (Fla. 3d DCA 1996); State Farm Fire and Cas. Co. v. Valido, 662 So. 2d
1012 (Fla. 3d DCA 1995); American Bankers Insurance of Florida v. Wheeler, 711 So.
2d 1347 (Fla. 5'* DCA 1998); Nationwide Insurance Company of Florida v. Demmo, 57
So. 3d 982 (Fla 2d DCA 2011); Homeowner’s Choice Property and Casualty Ins. Co.
Inc. v. Mahady, 2019 WL 3938885 (Fla. 4 DCA August 21, 2019).
Notwithstanding and without waiving any objections, all responsive non-privileged
documents regarding the subject claim will be provided under separate cover, if any.
4) All tapes and/or transcripts of statements taken of Plaintiffs, including but not limited to
Examinations Under Oath, affidavits and other statements of any kind regarding Plaintiffs'
claim.
RESPONSE:
None as no recorded statement nor an examination under oath of the Plaintiff was
obtained regarding the subject claim.
5) All documents and/or correspondence between Plaintiffs and/or any representative of
Plaintiffs, and any representative of Defendant regarding Plaintiff's claim.
RESPONSE:
All responsive, non-privileged correspondence between Plaintiff and Defendant
regarding the subject claim will be provided under separate cover.
Page 2 of 10
6) All documents which support any Affirmative Defense raised by the Defendant.
RESPONSE:
Objection. The Request is overbroad in scope with respect to subject matter, time and
lacks specificity. The Request seeks notes, mental impressions, conclusions, and
opinions of the attorney, which constitutes privileged opinion work product. See
Smith v. Fla, Power & Light Co., 632 So. 2d 696 (Fla. 3d DCA 1994); State v. Rabin,
495 So. 2d 257 (Fla. 3d DCA 1986). Additionally, these type of form Requests are
inappropriate as discovery is not intended to compel an adversary to investigate a
case on their behalf. See Cabrera v. Evans, 322 So. 2d 559, 560 (Fla. 4th DCA 1975).
Notwithstanding said objections and not waiving same, see State Farm’s Answer and
Affirmative Defenses and Policy, which will speak for themselves. In addition, all
relevant, non-privileged documents responsive to Plaintiffs’ request and regarding
the claim subject in this matter, if any, will be provided under separate cover.
7) All documents which support any of the Defendant’s denials of any allegations in the
complaint.
RESPONSE:
See State Farm’s response to Request number 6 above in its entirety.
8) All documents which you believe support the Plaintiffs’ claims.
RESPONSE:
Objection. The request seeks information within Plaintiff's knowledge and
possession. The Request seeks notes, mental impressions, conclusions, and opinions
of the attorney, which constitutes privileged opinion work product. See Smith v. Fla.
Power & Light Co., 632 So. 2d 696 (Fla. 3d DCA 1994); State v. Rabin, 495 So. 2d 257
(Fla. 3d DCA 1986). Additionally, these type of form Requests are inappropriate as
discovery is not intended to compel an adversary to investigate a case on their behalf.
See Cabrera vy. Evans, 322 So. 2d 559, 560 (Fla. 4th DCA 1975). Further, in this breach
of contract action, it is Plaintiff’s burden to prove a breach occurred and Plaintiff's
burden to present the facts upon which the breach is alleged.
Page 3 of 10
9) All reports and current curriculum vitae from any expert(s) retained for any reason
regarding Plaintiffs’ claim.
RESPONSE:
Unknown at this time as discovery is ongoing. A list of experts and trial exhibits to be
used at trial will be determined and provided pursuant to the Court’s Pre-Trial
Order, if issued.
10) All correspondence regarding the claim not contained within the claims file, including but
not limited to email or other written documents of any kind or correspondence with
Plaintiffs, Plaintiffs' counsel, experts, independent adjusters, appraisers, inspector, and any
other third party, or to anyone in the company for which the Adjuster works or provides
services.
RESPONSE:
None.
11) All correspondence regarding the claim contained within the claims file, including but not
limited to; email or other written documents of any kind or correspondence with Plaintiffs,
Plaintiffs' counsel, experts, independent adjusters, appraisers, inspectors, and any other
third party, or to anyone in the company for which the Adjuster works or provides services.
RESPONSE:
Objection. The Request is overbroad in scope with respect to subject matter, time and
lacks specificity. The Request seeks information that is protected by the attorney-
client and/or work-product privileges. The Request seeks information that is not
reasonably calculated to lead to the discovery of admissible evidence. The Request
seeks confidential-proprietary information/documents. Further, an insurer’s claim
file and/or an insurer’s underwriting file and/or claim handling procedures and
guidelines is/are not within the scope of a first party claim for insurance benefits. See
Avatar Prop. & Cas. Ins. Co., v. Mitchell, 2021 WL 112751 (Fla. 3d DCA Jan. 13, 2021);
Homeowner’s Choice Property and Casualty Ins. Co. Inc. v. Avila, 248 So. 3d 180 (Fla.
3d DCA 2018); State Farm Mut. Auto Ins. v. Premier Diagnostic Centers, LLC, 185 So.
3d 575 (Fla. 3d DCA 2016), denied review, 2016 WL 3002460 (Fla. May 25, 2016);
Castle Key Ins. Co. v. Benitez, 124 So. 3d 379 (Fla. 3d DCA 2013); State Farm Florida
Ins. Co. v. Kramer, 41 So. 3d 313 (Fla. 4 DCA 2010); State Farm Mutual Automobile
Ins. Comp. v. O’Hearn, 975 So. 2d 633 (Fla. 2d DCA 2008); State Farm Florida Ins.,
Co. v. Gallmon, 835 So. 2d 389 (Fla. 2d DCA 2003); Scottsdale Insurance Co. y.
Camara De Comercio Latino-Americana De Los Estados Unidos, Inc., 813 So. 2d 250
(Fla. 3d DCA 2002); American Reliance Ins. Comp., v. Rosemont Condominium
Homeowners Association, 671 So. 2d 250 (Fla. 3d DCA 1996); State Farm Fire and
Cas. Co. v. Valido, 662 So. 2d 1012 (Fla. 3d DCA 1995); American Bankers Insurance
of Florida v. Wheeler, 711 So. 2d 1347 (Fla. 5'" DCA 1998); Nationwide Insurance
Page 4 of 10
Company of Florida v. Demmo, 57 So. 3d 982 (Fla 2d DCA 2011); Homeowner’s Choice
Property and Casualty Ins. Co. Inc. v. Mahady, 2019 WL 3938885 (Fla. 4"* DCA August
21, 2019). See also Privilege Log for privileged documents.
Notwithstanding said objections and not waiving same, all relevant, non-privileged
documents responsive to Plaintiff's request and regarding the claim subject in this
matter, if any, will be provided under separate cover.
12) All writings, memoranda, notes, or other materials reflecting examination of Plaintiffs’
dwelling by Defendant or its agents, including before and after the subject date of loss as
set forth in the Complaint.
RESPONSE:
Objection. The request is overbroad in scope with respect to subject matter, time
and lacks specificity. The request seeks documents that are not reasonably calculated
to lead to the discovery of admissible evidence. The request seeks confidential-
propriety business information. The request seeks documents that are protected by
the attorney-client and/or work-product privileges. Further, an insurer’s claim file
and/or an insurer’s underwriting file are not within the scope of a first party claim
for insurance benefits. See Avatar Prop. & Cas. Ins. Co., v. Mitchell, 2021 WL 112751
(Fla. 3d DCA Jan. 13, 2021); Homeowner’s Choice Property and Casualty Ins. Co. Inc.
y. Avila, 248 So. 3d 180 (Fla. 3d DCA 2018); State Farm Mut. Auto Ins. v. Premier
Diagnostic Centers, LLC, 185 So. 3d 575 (Fla. 3d DCA 2016), denied review, 2016 WL
3002460 (Fla. May 25, 2016); Castle Key Ins. Co. v. Benitez, 124 So. 3d 379 (Fla. 3d
DCA 2013); State Farm Florida Ins. Co. v. Kramer, 41 So. 3d 313 (Fla. 4" DCA 2010);
State Farm Mutual Automobile Ins. Comp. v. O’Hearn, 975 So. 2d 633 (Fla. 2d DCA
2008); State Farm Florida Ins., Co. v. Gallmon, 835 So. 2d 389 (Fla. 2d DCA 2003);
Scottsdale Insurance Co. v. Camara De Comercio Latino-Americana De Los Estados
Unidos, Inc., 813 So. 2d 250 (Fla. 3d DCA 2002); American Reliance Ins. Comp., v.
Rosemont Condominium Homeowners Association, 671 So. 2d 250 (Fla. 3d DCA 1996);
State Farm Fire and Cas. Co. v. Valido, 662 So. 2d 1012 (Fla. 3d DCA 1995); American
Bankers Insurance of Florida vy. Wheeler, 711 So. 2d 1347 (Fla. 5 DCA 1998);
Nationwide Insurance Company of Florida v. Demmo, 57 So. 3d 982 (Fla 2d DCA
2011); Homeowner’s Choice Property and Casualty Ins. Co. Inc. v. Mahady, 2019 WL
3938885 (Fla. 4'* DCA August 21, 2019). See also Privilege Log for privileged
documents.
13) All photographs or video depiction of Plaintiffs’ property in the possession of the Defendant
or any agent of Defendant, both before and after the date of loss as set forth in the
Complaint.
RESPONSE:
Objection. The request is overbroad in scope with respect to subject matter, time
and lacks specificity. The request seeks confidential-propriety business information.
Page 5 of 10
The Request seeks information that is not reasonably calculated to lead to the
discovery of admissible evidence. The request seeks documents that are protected by
the attorney-client and/or work-product privileges. Further, an insurer’s claim file
and/or an insurer’s underwriting file are not within the scope of a first party claim
for insurance benefits. See Avatar Prop. & Cas. Ins. Co., v. Mitchell, 2021 WL 112751
(Fla. 3d DCA Jan. 13, 2021); Homeowner’s Choice Property and Casualty Ins. Co. Inc.
y. Avila, 248 So. 3d 180 (Fla. 3d DCA 2018); State Farm Mut. Auto Ins. v. Premier
Diagnostic Centers, LLC, 185 So. 3d 575 (Fla. 3d DCA 2016), denied review, 2016 WL
3002460 (Fla. May 25, 2016); Castle Key Ins. Co. v. Benitez, 124 So. 3d 379 (Fla. 3d
DCA 2013); State Farm Florida Ins. Co. y. Kramer, 41 So. 3d 313 (Fla. 4" DCA 2010);
State Farm Mutual Automobile Ins. Comp. v. O’Hearn, 975 So. 2d 633 (Fla. 2d DCA
2008); State Farm Florida Ins., Co. v. Gallmon, 835 So. 2d 389 (Fla. 2d DCA 2003);
Scottsdale Insurance Co. v. Camara De Comercio Latino-Americana De Los Estados
Unidos, Inc., 813 So. 2d 250 (Fla. 3d DCA 2002); American Reliance Ins. Comp., v.
Rosemont Condominium Homeowners Association, 671 So. 2d 250 (Fla. 3d DCA 1996);
State Farm Fire and Cas. Co. v. Valido, 662 So. 2d 1012 (Fla. 3d DCA 1995); American
Bankers Insurance of Florida v. Wheeler, 711 So. 2d 1347 (Fla. 5" DCA 1998);
Nationwide Insurance Company of Florida v. Demmo, 57 So. 3d 982 (Fla 2d DCA
2011); Homeowner’s Choice Property and Casualty Ins. Co. Inc. v. Mahady, 2019 WL
3938885 (Fla. 4" DCA August 21, 2019). See also Privilege Log for privileged
documents
Notwithstanding said objections and not waiving same, all relevant, non-privileged
documents responsive to Plaintiffs’ request and regarding the claim subject in this
matter, if any, will be provided under separate cover.
14) All proofs of loss received by Defendant from Plaintiffs or any representative of Plaintiff.
RESPONSE:
See all responsive, non-privileged proof of loss forms that were received by Defendant
from the Plaintiff pertaining to the subject claim, if any, will be provided under
separate cover.
15) All estimates received by Defendant from any source for repairs to Plaintiffs’ residence.
RESPONSE:
Objection. The Request is overbroad in scope with respect to subject matter, time and
lacks specificity. The Request seeks information that is not reasonably calculated to
lead to the discovery of admissible evidence. The Request seeks confidential-
proprietary information/documents. The Request seeks information that is protected
by the attorney-client and/or work-product privileges. Further, an insurer’s claim file
is not within the scope of a first party claim for insurance benefits. See Avatar Prop.
& Cas. Ins. Co., v. Mitchell, 2021 WL 112751 (Fla. 3d DCA Jan. 13, 2021);
Homeowner’s Choice Property and Casualty Ins. Co. Inc. v. Avila, 248 So. 3d 180 (Fla.
Page 6 of 10
3d DCA 2018); State Farm Mut. Auto Ins. v. Premier Diagnostic Centers, LLC, 185 So.
3d 575 (Fla. 3d DCA 2016), denied review, 2016 WL 3002460 (Fla. May 25, 2016);
Castle Key Ins. Co. v. Benitez, 124 So. 3d 379 (Fla. 3d DCA 2013); State Farm Florida
Ins. Co. v. Kramer, 41 So. 3d 313 (Fla. 4"" DCA 2010); State Farm Mutual Automobile
Ins. Comp. v. O’Hearn, 975 So. 2d 633 (Fla. 2d DCA 2008); State Farm Florida Ins.,
Co. v. Gallmon, 835 So. 2d 389 (Fla. 2d DCA 2003); Scottsdale Insurance Co. vy.
Camara De Comercio Latino-Americana De Los Estados Unidos, Inc., 813 So. 2d 250
(Fla. 3d DCA 2002); American Reliance Ins. Comp., v. Rosemont Condominium
Homeowners Association, 671 So. 2d 250 (Fla. 3d DCA 1996); State Farm Fire and
Cas. Co. v. Valido, 662 So. 2d 1012 (Fla. 3d DCA 1995); American Bankers Insurance
of Florida v. Wheeler, 711 So. 2d 1347 (Fla. 5 DCA 1998); Nationwide Insurance
Company of Florida v. Demmo, 57 So. 3d 982 (Fla 2d DCA 2011); Homeowner’s Choice
Property and Casualty Ins. Co. Inc. v. Mahady, 2019 WL 3938885 (Fla. 4"* DCA August
21, 2019). See also Privilege Log for privileged documents.
Notwithstanding said objections and not waiving same, all relevant, non-privileged
documents responsive to Plaintiffs’ request and regarding the claim subject in this
matter, if any, will be provided under separate cover.
16) All documents sent to any governmental agencies related to this claim, and/or the reason it
has not been fully settled or paid.
RESPONSE:
None.
17) All time sheets, or start/stop time indications for site visits at Plaintiffs’ property.
RESPONSE:
Objection. The Request is overbroad in scope with respect to subject matter, time and
lacks specificity as to the issues framed by the pleadings. The Request seeks
information that is protected by the attorney-client and/or work-product privileges.
Further, an insurer’s claim file and/or an insurer’s underwriting file is not within the
scope of a first party claim for insurance benefits. See Avatar Prop. & Cas. Ins. Co., v.
Mitchell, 2021 WL 112751 (Fla. 3d DCA Jan. 13, 2021); Homeowner’s Choice Property
and Casualty Ins. Co. Inc. v. Avila, 248 So. 3d 180 (Fla. 3d DCA 2018); State Farm Mut.
Auto Ins. v. Premier Diagnostic Centers, LLC, 185 So. 3d 575 (Fla. 3d DCA 2016),
denied review, 2016 WL 3002460 (Fla. May 25, 2016); Castle Key Ins. Co. v. Benitez,
124 So. 3d 379 (Fla. 3d DCA 2013); State Farm Florida Ins. Co. v. Kramer, 41 So. 3d
313 (Fla. 4"" DCA 2010); State Farm Mutual Automobile Ins. Comp. v. O’Hearn, 975
So. 2d 633 (Fla. 2d DCA 2008); State Farm Florida Ins., Co. v. Gallmon, 835 So. 2d
389 (Fla. 2d DCA 2003); Scottsdale Insurance Co. v. Camara De Comercio Latino-
Americana De Los Estados Unidos, Inc., 813 So. 2d 250 (Fla. 3d DCA 2002); American
Page 7 of 10
Reliance Ins. Comp., v. Rosemont Condominium Homeowners Association, 671 So. 2d
250 (Fla. 3d DCA 1996); State Farm Fire and Cas. Co. v. Valido, 662 So. 2d 1012 (Fla.
3d DCA 1995); American Bankers Insurance of Florida v. Wheeler, 711 So. 2d 1347
(Fla. 5'" DCA 1998); Nationwide Insurance Company of Florida v. Demmo, 57 So. 3d
982 (Fla 2d DCA 2011); Homeowner’s Choice Property and Casualty Ins. Co. Inc. v.
Mahady, 2019 WL 3938885 (Fla. 4" DCA August 21, 2019). See also Privilege Log for
privileged documents.
18) Any documents reflecting any scientific or other authority (e.g., treatises, books, studies,
software programs, etc.) relied upon by the Defendant in adjusting the claim or determining
any amount Defendant would or would not pay.
RESPONSE:
Objection. The request is overbroad in scope with respect to subject matter, time
and lacks specificity. The request seeks confidential-propriety business information.
The request seeks information that are not reasonably calculated to lead to the
discovery of admissible evidence. The request seeks information that is protected by
the attorney-client and/or work-product privileges. Further, an insurer’s claim
handling procedures and guidelines is not within the scope of a first party claim for
insurance benefits. See Avatar Prop. & Cas. Ins. Co., v. Mitchell, 2021 WL 112751 (Fla.
3d DCA Jan. 13, 2021); Homeowner’s Choice Property and Casualty Ins. Co. Inc. v.
Avila, 248 So. 3d 180 (Fla. 3d DCA 2018); State Farm Mut. Auto Ins. v. Premier
Diagnostic Centers, LLC, 185 So. 3d 575 (Fla. 3d DCA 2016), denied review, 2016 WL
3002460 (Fla. May 25, 2016); Castle Key Ins. Co. v. Benitez, 124 So. 3d 379 (Fla. 3d
DCA 2013); State Farm Florida Ins. Co. v. Kramer, 41 So. 3d 313 (Fla. 4!" DCA 2010);
State Farm Mutual Automobile Ins. Comp. v. O’Hearn, 975 So. 2d 633 (Fla. 2d DCA
2008); State Farm Florida Ins., Co. v. Gallmon, 835 So. 2d 389 (Fla. 2d DCA 2003);
Scottsdale Insurance Co. v. Camara De Comercio Latino-Americana De Los Estados
Unidos, Inc., 813 So. 2d 250 (Fla. 3d DCA 2002); American Reliance Ins. Comp., v.
Rosemont Condominium Homeowners Association, 671 So. 2d 250 (Fla. 3d DCA 1996);
State Farm Fire and Cas. Co. v. Valido, 662 So. 2d 1012 (Fla. 3d DCA 1995); American
Bankers Insurance of Florida v. Wheeler, 711 So. 2d 1347 (Fla. 5* DCA 1998);
Nationwide Insurance Company of Florida v. Demmo, 57 So. 3d 982 (Fla 2d DCA
2011); Homeowner’s Choice Property and Casualty Ins. Co. Inc. v. Mahady, 2019 WL
3938885 (Fla. 4" DCA August 21, 2019).
19) Any documents that would more fully explain why the Defendant has not paid this claim
in the amount requested by the Plaintiffs.
RESPONSE:
Not applicable as payments had been made to the Plaintiff regarding the subject
claim. Specifically, in compliance with all terms, conditions, definitions, limitations,
exclusions and endorsements contained within the Policy, and in accordance with
what had been reported and verified.
Page 8 of 10
20) Any lists of experts regularly utilized by the Adjuster with the accompanying information
showing the specific expertise sufficient to properly evaluate the claim, or that is directed
by Defendant to Adjuster for any kind of consideration in the selection of experts.
RESPONSE:
See State Farm’s response to Request number 9 above in its entirety.
21) Copies of all documents evidencing payments made to Plaintiffs relating to this claim,
including those that simply reference such payments or refusal to pay or any other kind of
payment or refusal to pay.
RESPONSE:
See State Farm’s response to Request number 3 above in its entirety.
22) A copy of any and all inspection reports of Plaintiffs' property.
RESPONSE:
Objection. The Request is overbroad in scope with respect to subject matter, time and
lacks specificity. The Request seeks information that is protected by the attorney-
client and/or work-product privileges. The Request seeks information that is not
reasonably calculated to lead to the discovery of admissible evidence. The Request
seeks confidential-proprietary information/documents. Further, an insurer’s claim
file and/or an insurer’s underwriting file and/or claim handling procedures and
guidelines is/are not within the scope of a first party claim for insurance benefits. See
Avatar Prop. & Cas. Ins. Co., v. Mitchell, 2021 WL 112751 (Fla. 3d DCA Jan. 13, 2021);
Homeowner’s Choice Property and Casualty Ins. Co. Inc. v. Avila, 248 So. 3d 180 (Fla.
3d DCA 2018); State Farm Mut. Auto Ins. v. Premier Diagnostic Centers, LLC, 185 So.
3d 575 (Fla. 3d DCA 2016), denied review, 2016 WL 3002460 (Fla. May 25, 2016);
Castle Key Ins. Co. v. Benitez, 124 So. 3d 379 (Fla. 3d DCA 2013); State Farm Florida
Ins. Co. v. Kramer, 41 So. 3d 313 (Fla. 4" DCA 2010); State Farm Mutual Automobile
Ins. Comp. v. O’Hearn, 975 So. 2d 633 (Fla. 2d DCA 2008); State Farm Florida Ins.,
Co. v. Gallmon, 835 So. 2d 389 (Fla. 2d DCA 2003); Scottsdale Insurance Co. y.
Camara De Comercio Latino-Americana De Los Estados Unidos, Inc., 813 So. 2d 250
(Fla. 3d DCA 2002); American Reliance Ins. Comp., v. Rosemont Condominium
Homeowners Association, 671 So. 2d 250 (Fla. 3d DCA 1996); State Farm Fire and
Cas. Co. v. Valido, 662 So. 2d 1012 (Fla. 3d DCA 1995); American Bankers Insurance
of Florida v. Wheeler, 711 So. 2d 1347 (Fla. 5 DCA 1998); Nationwide Insurance
Company of Florida v. Demmo, 57 So. 3d 982 (Fla 2d DCA 2011); Homeowner’s Choice
Property and Casualty Ins. Co. Inc. v. Mahady, 2019 WL 3938885 (Fla. 4‘* DCA August
21, 2019).
Page 9 of 10
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been sent to Leo
A. Manzanilla, Esquire, M.S.P.G. Law Group, PA, by electronic mail to designated email address
Service@msplawgroup.com: lam@msplawgroup.com on this 25" day of April 2022.
DUTTON LAW GROUP, PA
P.O. Box 260697
Tampa, Florida 33685
(813) 247-2222
service.ksh@duttonlawgroup.com
service.swd@duttonlawgroup.com
Attorneys for Defendant
/s/ Kelli Haralambis
KELLI HARALAMBIS, ESQUIRE
Florida Bar No. 1000466
SCOTT DUTTON, ESQUIRE
Florida Bar No. 486019
#50666
Page 10 of 10
Preview
Filing # 148354482 E-Filed 04/25/2022 07:39:37 PM IN THE COUNTY COURT OF THE FIRST JUDICIAL CIRCUIT IN AND FOR ESCAMBIA COUNTY, FLORIDA LAWRENCE WIGGINS AND LETHA WIGGINS, Plaintiff, Vv. STATE FARM FLORIDA INSURANCE COMPANY, CASE NO: 2022-CA-000144 Defendant. DEFENDANT’S RESPONSES TO PLAINTIFFS’ REQUEST OF PRODUCTION Defendant, State Farm Florida Insurance Company (“State Farm”), by and through undersigned counsel and pursuant to Florida Rules of Civil Procedure, hereby files its Responses to Plaintiff's First Request for Production. 1) All insurance policies which you contend would provide or exclude coverage to the Plaintiff, together with any declaration of coverage page. RESPONSE: A certified copy of Policy No. 808433690 (“Policy”) issued to Lawrence Wiggins (“Plaintiff”) subject to all terms, conditions, definitions, limitations, exclusions and endorsements contained within the Policy, for the property located at 1573 Kyle Dr, Pensacola, FL 32505 (“insured property”), for the one-year policy period of July 15, 2020 through July 15, 2021, shall be produced under separate cover. 2) A sworn statement of a corporate officer of Defendant attesting to the coverage and authenticity of the policy. RESPONSE: See State Farm’s response to Request number 1 above in its entirety. Page 1 of 10 3) All documents (including but not limited to checks, statements, receipts, letters, emails or other correspondence), reflecting any payment made to any person or entity for any reason as a result of Plaintiff's claim. RESPONSE: Objection. The Request is overbroad in scope with respect to subject matter, time and lacks specificity. The Request seeks information that is protected by the attorney- client and/or work-product privileges. Further, an insurer’s claim file and/or an insurer’s underwriting file and/or claim handling procedures and guidelines is/are not within the scope of a first party claim for insurance benefits. See Avatar Prop. & Cas. Ins, Co., v. Mitchell, 2021 WL 112751 (Fla. 3d DCA Jan. 13, 2021); Homeowner’s Choice Property and Casualty Ins. Co. Inc. v. Avila, 248 So. 3d 180 (Fla. 3d DCA 2018); State Farm Mut. Auto Ins. v. Premier Diagnostic Centers, LLC, 185 So. 3d 575 (Fla. 3d DCA 2016), denied review, 2016 WL 3002460 (Fla. May 25, 2016); Castle Key Ins. Co. vy. Benitez, 124 So. 3d 379 (Fla. 3d DCA 2013); State Farm Florida Ins. Co. v. Kramer, 41 So. 3d 313 (Fla. 4!" DCA 2010); State Farm Mutual Automobile Ins. Comp. v. O’Hearn, 975 So. 2d 633 (Fla. 2d DCA 2008); State Farm Florida Ins., Co. v. Gallmon, 835 So. 2d 389 (Fla. 2d DCA 2003); Scottsdale Insurance Co. v. Camara De Comercio Latino-Americana De Los Estados Unidos, Inc., 813 So. 2d 250 (Fla. 3d DCA 2002); American Reliance Ins. Comp., v. Rosemont Condominium Homeowners Association, 671 So. 2d 250 (Fla. 3d DCA 1996); State Farm Fire and Cas. Co. v. Valido, 662 So. 2d 1012 (Fla. 3d DCA 1995); American Bankers Insurance of Florida v. Wheeler, 711 So. 2d 1347 (Fla. 5'* DCA 1998); Nationwide Insurance Company of Florida v. Demmo, 57 So. 3d 982 (Fla 2d DCA 2011); Homeowner’s Choice Property and Casualty Ins. Co. Inc. v. Mahady, 2019 WL 3938885 (Fla. 4 DCA August 21, 2019). Notwithstanding and without waiving any objections, all responsive non-privileged documents regarding the subject claim will be provided under separate cover, if any. 4) All tapes and/or transcripts of statements taken of Plaintiffs, including but not limited to Examinations Under Oath, affidavits and other statements of any kind regarding Plaintiffs' claim. RESPONSE: None as no recorded statement nor an examination under oath of the Plaintiff was obtained regarding the subject claim. 5) All documents and/or correspondence between Plaintiffs and/or any representative of Plaintiffs, and any representative of Defendant regarding Plaintiff's claim. RESPONSE: All responsive, non-privileged correspondence between Plaintiff and Defendant regarding the subject claim will be provided under separate cover. Page 2 of 10 6) All documents which support any Affirmative Defense raised by the Defendant. RESPONSE: Objection. The Request is overbroad in scope with respect to subject matter, time and lacks specificity. The Request seeks notes, mental impressions, conclusions, and opinions of the attorney, which constitutes privileged opinion work product. See Smith v. Fla, Power & Light Co., 632 So. 2d 696 (Fla. 3d DCA 1994); State v. Rabin, 495 So. 2d 257 (Fla. 3d DCA 1986). Additionally, these type of form Requests are inappropriate as discovery is not intended to compel an adversary to investigate a case on their behalf. See Cabrera v. Evans, 322 So. 2d 559, 560 (Fla. 4th DCA 1975). Notwithstanding said objections and not waiving same, see State Farm’s Answer and Affirmative Defenses and Policy, which will speak for themselves. In addition, all relevant, non-privileged documents responsive to Plaintiffs’ request and regarding the claim subject in this matter, if any, will be provided under separate cover. 7) All documents which support any of the Defendant’s denials of any allegations in the complaint. RESPONSE: See State Farm’s response to Request number 6 above in its entirety. 8) All documents which you believe support the Plaintiffs’ claims. RESPONSE: Objection. The request seeks information within Plaintiff's knowledge and possession. The Request seeks notes, mental impressions, conclusions, and opinions of the attorney, which constitutes privileged opinion work product. See Smith v. Fla. Power & Light Co., 632 So. 2d 696 (Fla. 3d DCA 1994); State v. Rabin, 495 So. 2d 257 (Fla. 3d DCA 1986). Additionally, these type of form Requests are inappropriate as discovery is not intended to compel an adversary to investigate a case on their behalf. See Cabrera vy. Evans, 322 So. 2d 559, 560 (Fla. 4th DCA 1975). Further, in this breach of contract action, it is Plaintiff’s burden to prove a breach occurred and Plaintiff's burden to present the facts upon which the breach is alleged. Page 3 of 10 9) All reports and current curriculum vitae from any expert(s) retained for any reason regarding Plaintiffs’ claim. RESPONSE: Unknown at this time as discovery is ongoing. A list of experts and trial exhibits to be used at trial will be determined and provided pursuant to the Court’s Pre-Trial Order, if issued. 10) All correspondence regarding the claim not contained within the claims file, including but not limited to email or other written documents of any kind or correspondence with Plaintiffs, Plaintiffs' counsel, experts, independent adjusters, appraisers, inspector, and any other third party, or to anyone in the company for which the Adjuster works or provides services. RESPONSE: None. 11) All correspondence regarding the claim contained within the claims file, including but not limited to; email or other written documents of any kind or correspondence with Plaintiffs, Plaintiffs' counsel, experts, independent adjusters, appraisers, inspectors, and any other third party, or to anyone in the company for which the Adjuster works or provides services. RESPONSE: Objection. The Request is overbroad in scope with respect to subject matter, time and lacks specificity. The Request seeks information that is protected by the attorney- client and/or work-product privileges. The Request seeks information that is not reasonably calculated to lead to the discovery of admissible evidence. The Request seeks confidential-proprietary information/documents. Further, an insurer’s claim file and/or an insurer’s underwriting file and/or claim handling procedures and guidelines is/are not within the scope of a first party claim for insurance benefits. See Avatar Prop. & Cas. Ins. Co., v. Mitchell, 2021 WL 112751 (Fla. 3d DCA Jan. 13, 2021); Homeowner’s Choice Property and Casualty Ins. Co. Inc. v. Avila, 248 So. 3d 180 (Fla. 3d DCA 2018); State Farm Mut. Auto Ins. v. Premier Diagnostic Centers, LLC, 185 So. 3d 575 (Fla. 3d DCA 2016), denied review, 2016 WL 3002460 (Fla. May 25, 2016); Castle Key Ins. Co. v. Benitez, 124 So. 3d 379 (Fla. 3d DCA 2013); State Farm Florida Ins. Co. v. Kramer, 41 So. 3d 313 (Fla. 4 DCA 2010); State Farm Mutual Automobile Ins. Comp. v. O’Hearn, 975 So. 2d 633 (Fla. 2d DCA 2008); State Farm Florida Ins., Co. v. Gallmon, 835 So. 2d 389 (Fla. 2d DCA 2003); Scottsdale Insurance Co. y. Camara De Comercio Latino-Americana De Los Estados Unidos, Inc., 813 So. 2d 250 (Fla. 3d DCA 2002); American Reliance Ins. Comp., v. Rosemont Condominium Homeowners Association, 671 So. 2d 250 (Fla. 3d DCA 1996); State Farm Fire and Cas. Co. v. Valido, 662 So. 2d 1012 (Fla. 3d DCA 1995); American Bankers Insurance of Florida v. Wheeler, 711 So. 2d 1347 (Fla. 5'" DCA 1998); Nationwide Insurance Page 4 of 10 Company of Florida v. Demmo, 57 So. 3d 982 (Fla 2d DCA 2011); Homeowner’s Choice Property and Casualty Ins. Co. Inc. v. Mahady, 2019 WL 3938885 (Fla. 4"* DCA August 21, 2019). See also Privilege Log for privileged documents. Notwithstanding said objections and not waiving same, all relevant, non-privileged documents responsive to Plaintiff's request and regarding the claim subject in this matter, if any, will be provided under separate cover. 12) All writings, memoranda, notes, or other materials reflecting examination of Plaintiffs’ dwelling by Defendant or its agents, including before and after the subject date of loss as set forth in the Complaint. RESPONSE: Objection. The request is overbroad in scope with respect to subject matter, time and lacks specificity. The request seeks documents that are not reasonably calculated to lead to the discovery of admissible evidence. The request seeks confidential- propriety business information. The request seeks documents that are protected by the attorney-client and/or work-product privileges. Further, an insurer’s claim file and/or an insurer’s underwriting file are not within the scope of a first party claim for insurance benefits. See Avatar Prop. & Cas. Ins. Co., v. Mitchell, 2021 WL 112751 (Fla. 3d DCA Jan. 13, 2021); Homeowner’s Choice Property and Casualty Ins. Co. Inc. y. Avila, 248 So. 3d 180 (Fla. 3d DCA 2018); State Farm Mut. Auto Ins. v. Premier Diagnostic Centers, LLC, 185 So. 3d 575 (Fla. 3d DCA 2016), denied review, 2016 WL 3002460 (Fla. May 25, 2016); Castle Key Ins. Co. v. Benitez, 124 So. 3d 379 (Fla. 3d DCA 2013); State Farm Florida Ins. Co. v. Kramer, 41 So. 3d 313 (Fla. 4" DCA 2010); State Farm Mutual Automobile Ins. Comp. v. O’Hearn, 975 So. 2d 633 (Fla. 2d DCA 2008); State Farm Florida Ins., Co. v. Gallmon, 835 So. 2d 389 (Fla. 2d DCA 2003); Scottsdale Insurance Co. v. Camara De Comercio Latino-Americana De Los Estados Unidos, Inc., 813 So. 2d 250 (Fla. 3d DCA 2002); American Reliance Ins. Comp., v. Rosemont Condominium Homeowners Association, 671 So. 2d 250 (Fla. 3d DCA 1996); State Farm Fire and Cas. Co. v. Valido, 662 So. 2d 1012 (Fla. 3d DCA 1995); American Bankers Insurance of Florida vy. Wheeler, 711 So. 2d 1347 (Fla. 5 DCA 1998); Nationwide Insurance Company of Florida v. Demmo, 57 So. 3d 982 (Fla 2d DCA 2011); Homeowner’s Choice Property and Casualty Ins. Co. Inc. v. Mahady, 2019 WL 3938885 (Fla. 4'* DCA August 21, 2019). See also Privilege Log for privileged documents. 13) All photographs or video depiction of Plaintiffs’ property in the possession of the Defendant or any agent of Defendant, both before and after the date of loss as set forth in the Complaint. RESPONSE: Objection. The request is overbroad in scope with respect to subject matter, time and lacks specificity. The request seeks confidential-propriety business information. Page 5 of 10 The Request seeks information that is not reasonably calculated to lead to the discovery of admissible evidence. The request seeks documents that are protected by the attorney-client and/or work-product privileges. Further, an insurer’s claim file and/or an insurer’s underwriting file are not within the scope of a first party claim for insurance benefits. See Avatar Prop. & Cas. Ins. Co., v. Mitchell, 2021 WL 112751 (Fla. 3d DCA Jan. 13, 2021); Homeowner’s Choice Property and Casualty Ins. Co. Inc. y. Avila, 248 So. 3d 180 (Fla. 3d DCA 2018); State Farm Mut. Auto Ins. v. Premier Diagnostic Centers, LLC, 185 So. 3d 575 (Fla. 3d DCA 2016), denied review, 2016 WL 3002460 (Fla. May 25, 2016); Castle Key Ins. Co. v. Benitez, 124 So. 3d 379 (Fla. 3d DCA 2013); State Farm Florida Ins. Co. y. Kramer, 41 So. 3d 313 (Fla. 4" DCA 2010); State Farm Mutual Automobile Ins. Comp. v. O’Hearn, 975 So. 2d 633 (Fla. 2d DCA 2008); State Farm Florida Ins., Co. v. Gallmon, 835 So. 2d 389 (Fla. 2d DCA 2003); Scottsdale Insurance Co. v. Camara De Comercio Latino-Americana De Los Estados Unidos, Inc., 813 So. 2d 250 (Fla. 3d DCA 2002); American Reliance Ins. Comp., v. Rosemont Condominium Homeowners Association, 671 So. 2d 250 (Fla. 3d DCA 1996); State Farm Fire and Cas. Co. v. Valido, 662 So. 2d 1012 (Fla. 3d DCA 1995); American Bankers Insurance of Florida v. Wheeler, 711 So. 2d 1347 (Fla. 5" DCA 1998); Nationwide Insurance Company of Florida v. Demmo, 57 So. 3d 982 (Fla 2d DCA 2011); Homeowner’s Choice Property and Casualty Ins. Co. Inc. v. Mahady, 2019 WL 3938885 (Fla. 4" DCA August 21, 2019). See also Privilege Log for privileged documents Notwithstanding said objections and not waiving same, all relevant, non-privileged documents responsive to Plaintiffs’ request and regarding the claim subject in this matter, if any, will be provided under separate cover. 14) All proofs of loss received by Defendant from Plaintiffs or any representative of Plaintiff. RESPONSE: See all responsive, non-privileged proof of loss forms that were received by Defendant from the Plaintiff pertaining to the subject claim, if any, will be provided under separate cover. 15) All estimates received by Defendant from any source for repairs to Plaintiffs’ residence. RESPONSE: Objection. The Request is overbroad in scope with respect to subject matter, time and lacks specificity. The Request seeks information that is not reasonably calculated to lead to the discovery of admissible evidence. The Request seeks confidential- proprietary information/documents. The Request seeks information that is protected by the attorney-client and/or work-product privileges. Further, an insurer’s claim file is not within the scope of a first party claim for insurance benefits. See Avatar Prop. & Cas. Ins. Co., v. Mitchell, 2021 WL 112751 (Fla. 3d DCA Jan. 13, 2021); Homeowner’s Choice Property and Casualty Ins. Co. Inc. v. Avila, 248 So. 3d 180 (Fla. Page 6 of 10 3d DCA 2018); State Farm Mut. Auto Ins. v. Premier Diagnostic Centers, LLC, 185 So. 3d 575 (Fla. 3d DCA 2016), denied review, 2016 WL 3002460 (Fla. May 25, 2016); Castle Key Ins. Co. v. Benitez, 124 So. 3d 379 (Fla. 3d DCA 2013); State Farm Florida Ins. Co. v. Kramer, 41 So. 3d 313 (Fla. 4"" DCA 2010); State Farm Mutual Automobile Ins. Comp. v. O’Hearn, 975 So. 2d 633 (Fla. 2d DCA 2008); State Farm Florida Ins., Co. v. Gallmon, 835 So. 2d 389 (Fla. 2d DCA 2003); Scottsdale Insurance Co. vy. Camara De Comercio Latino-Americana De Los Estados Unidos, Inc., 813 So. 2d 250 (Fla. 3d DCA 2002); American Reliance Ins. Comp., v. Rosemont Condominium Homeowners Association, 671 So. 2d 250 (Fla. 3d DCA 1996); State Farm Fire and Cas. Co. v. Valido, 662 So. 2d 1012 (Fla. 3d DCA 1995); American Bankers Insurance of Florida v. Wheeler, 711 So. 2d 1347 (Fla. 5 DCA 1998); Nationwide Insurance Company of Florida v. Demmo, 57 So. 3d 982 (Fla 2d DCA 2011); Homeowner’s Choice Property and Casualty Ins. Co. Inc. v. Mahady, 2019 WL 3938885 (Fla. 4"* DCA August 21, 2019). See also Privilege Log for privileged documents. Notwithstanding said objections and not waiving same, all relevant, non-privileged documents responsive to Plaintiffs’ request and regarding the claim subject in this matter, if any, will be provided under separate cover. 16) All documents sent to any governmental agencies related to this claim, and/or the reason it has not been fully settled or paid. RESPONSE: None. 17) All time sheets, or start/stop time indications for site visits at Plaintiffs’ property. RESPONSE: Objection. The Request is overbroad in scope with respect to subject matter, time and lacks specificity as to the issues framed by the pleadings. The Request seeks information that is protected by the attorney-client and/or work-product privileges. Further, an insurer’s claim file and/or an insurer’s underwriting file is not within the scope of a first party claim for insurance benefits. See Avatar Prop. & Cas. Ins. Co., v. Mitchell, 2021 WL 112751 (Fla. 3d DCA Jan. 13, 2021); Homeowner’s Choice Property and Casualty Ins. Co. Inc. v. Avila, 248 So. 3d 180 (Fla. 3d DCA 2018); State Farm Mut. Auto Ins. v. Premier Diagnostic Centers, LLC, 185 So. 3d 575 (Fla. 3d DCA 2016), denied review, 2016 WL 3002460 (Fla. May 25, 2016); Castle Key Ins. Co. v. Benitez, 124 So. 3d 379 (Fla. 3d DCA 2013); State Farm Florida Ins. Co. v. Kramer, 41 So. 3d 313 (Fla. 4"" DCA 2010); State Farm Mutual Automobile Ins. Comp. v. O’Hearn, 975 So. 2d 633 (Fla. 2d DCA 2008); State Farm Florida Ins., Co. v. Gallmon, 835 So. 2d 389 (Fla. 2d DCA 2003); Scottsdale Insurance Co. v. Camara De Comercio Latino- Americana De Los Estados Unidos, Inc., 813 So. 2d 250 (Fla. 3d DCA 2002); American Page 7 of 10 Reliance Ins. Comp., v. Rosemont Condominium Homeowners Association, 671 So. 2d 250 (Fla. 3d DCA 1996); State Farm Fire and Cas. Co. v. Valido, 662 So. 2d 1012 (Fla. 3d DCA 1995); American Bankers Insurance of Florida v. Wheeler, 711 So. 2d 1347 (Fla. 5'" DCA 1998); Nationwide Insurance Company of Florida v. Demmo, 57 So. 3d 982 (Fla 2d DCA 2011); Homeowner’s Choice Property and Casualty Ins. Co. Inc. v. Mahady, 2019 WL 3938885 (Fla. 4" DCA August 21, 2019). See also Privilege Log for privileged documents. 18) Any documents reflecting any scientific or other authority (e.g., treatises, books, studies, software programs, etc.) relied upon by the Defendant in adjusting the claim or determining any amount Defendant would or would not pay. RESPONSE: Objection. The request is overbroad in scope with respect to subject matter, time and lacks specificity. The request seeks confidential-propriety business information. The request seeks information that are not reasonably calculated to lead to the discovery of admissible evidence. The request seeks information that is protected by the attorney-client and/or work-product privileges. Further, an insurer’s claim handling procedures and guidelines is not within the scope of a first party claim for insurance benefits. See Avatar Prop. & Cas. Ins. Co., v. Mitchell, 2021 WL 112751 (Fla. 3d DCA Jan. 13, 2021); Homeowner’s Choice Property and Casualty Ins. Co. Inc. v. Avila, 248 So. 3d 180 (Fla. 3d DCA 2018); State Farm Mut. Auto Ins. v. Premier Diagnostic Centers, LLC, 185 So. 3d 575 (Fla. 3d DCA 2016), denied review, 2016 WL 3002460 (Fla. May 25, 2016); Castle Key Ins. Co. v. Benitez, 124 So. 3d 379 (Fla. 3d DCA 2013); State Farm Florida Ins. Co. v. Kramer, 41 So. 3d 313 (Fla. 4!" DCA 2010); State Farm Mutual Automobile Ins. Comp. v. O’Hearn, 975 So. 2d 633 (Fla. 2d DCA 2008); State Farm Florida Ins., Co. v. Gallmon, 835 So. 2d 389 (Fla. 2d DCA 2003); Scottsdale Insurance Co. v. Camara De Comercio Latino-Americana De Los Estados Unidos, Inc., 813 So. 2d 250 (Fla. 3d DCA 2002); American Reliance Ins. Comp., v. Rosemont Condominium Homeowners Association, 671 So. 2d 250 (Fla. 3d DCA 1996); State Farm Fire and Cas. Co. v. Valido, 662 So. 2d 1012 (Fla. 3d DCA 1995); American Bankers Insurance of Florida v. Wheeler, 711 So. 2d 1347 (Fla. 5* DCA 1998); Nationwide Insurance Company of Florida v. Demmo, 57 So. 3d 982 (Fla 2d DCA 2011); Homeowner’s Choice Property and Casualty Ins. Co. Inc. v. Mahady, 2019 WL 3938885 (Fla. 4" DCA August 21, 2019). 19) Any documents that would more fully explain why the Defendant has not paid this claim in the amount requested by the Plaintiffs. RESPONSE: Not applicable as payments had been made to the Plaintiff regarding the subject claim. Specifically, in compliance with all terms, conditions, definitions, limitations, exclusions and endorsements contained within the Policy, and in accordance with what had been reported and verified. Page 8 of 10 20) Any lists of experts regularly utilized by the Adjuster with the accompanying information showing the specific expertise sufficient to properly evaluate the claim, or that is directed by Defendant to Adjuster for any kind of consideration in the selection of experts. RESPONSE: See State Farm’s response to Request number 9 above in its entirety. 21) Copies of all documents evidencing payments made to Plaintiffs relating to this claim, including those that simply reference such payments or refusal to pay or any other kind of payment or refusal to pay. RESPONSE: See State Farm’s response to Request number 3 above in its entirety. 22) A copy of any and all inspection reports of Plaintiffs' property. RESPONSE: Objection. The Request is overbroad in scope with respect to subject matter, time and lacks specificity. The Request seeks information that is protected by the attorney- client and/or work-product privileges. The Request seeks information that is not reasonably calculated to lead to the discovery of admissible evidence. The Request seeks confidential-proprietary information/documents. Further, an insurer’s claim file and/or an insurer’s underwriting file and/or claim handling procedures and guidelines is/are not within the scope of a first party claim for insurance benefits. See Avatar Prop. & Cas. Ins. Co., v. Mitchell, 2021 WL 112751 (Fla. 3d DCA Jan. 13, 2021); Homeowner’s Choice Property and Casualty Ins. Co. Inc. v. Avila, 248 So. 3d 180 (Fla. 3d DCA 2018); State Farm Mut. Auto Ins. v. Premier Diagnostic Centers, LLC, 185 So. 3d 575 (Fla. 3d DCA 2016), denied review, 2016 WL 3002460 (Fla. May 25, 2016); Castle Key Ins. Co. v. Benitez, 124 So. 3d 379 (Fla. 3d DCA 2013); State Farm Florida Ins. Co. v. Kramer, 41 So. 3d 313 (Fla. 4" DCA 2010); State Farm Mutual Automobile Ins. Comp. v. O’Hearn, 975 So. 2d 633 (Fla. 2d DCA 2008); State Farm Florida Ins., Co. v. Gallmon, 835 So. 2d 389 (Fla. 2d DCA 2003); Scottsdale Insurance Co. y. Camara De Comercio Latino-Americana De Los Estados Unidos, Inc., 813 So. 2d 250 (Fla. 3d DCA 2002); American Reliance Ins. Comp., v. Rosemont Condominium Homeowners Association, 671 So. 2d 250 (Fla. 3d DCA 1996); State Farm Fire and Cas. Co. v. Valido, 662 So. 2d 1012 (Fla. 3d DCA 1995); American Bankers Insurance of Florida v. Wheeler, 711 So. 2d 1347 (Fla. 5 DCA 1998); Nationwide Insurance Company of Florida v. Demmo, 57 So. 3d 982 (Fla 2d DCA 2011); Homeowner’s Choice Property and Casualty Ins. Co. Inc. v. Mahady, 2019 WL 3938885 (Fla. 4‘* DCA August 21, 2019). Page 9 of 10 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been sent to Leo A. Manzanilla, Esquire, M.S.P.G. Law Group, PA, by electronic mail to designated email address Service@msplawgroup.com: lam@msplawgroup.com on this 25" day of April 2022. DUTTON LAW GROUP, PA P.O. Box 260697 Tampa, Florida 33685 (813) 247-2222 service.ksh@duttonlawgroup.com service.swd@duttonlawgroup.com Attorneys for Defendant /s/ Kelli Haralambis KELLI HARALAMBIS, ESQUIRE Florida Bar No. 1000466 SCOTT DUTTON, ESQUIRE Florida Bar No. 486019 #50666 Page 10 of 10