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Filing # 172626980 E-Filed 05/08/2023 11:14:18 AM
IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
CASE NO.: 23001791CA
AURIANA LAUTURE,
Plaintiff,
VS.
EDISON INSURANCE COMPANY,
Defendant.
/
PLAINTIFF’S NOTICE OF SERVING FIRST SET OF
NTERROGATORIES TO DEFENDANT
Plaintiff, AURIANA LAUTURE, hereby gives Notice of Serving First Set of Interrogatories to
Defendant, EDISON INSURANCE COMPANY, pursuant to Fla. R. Civ. P. 1.280 and 1.340, to be
answered in accordance with the time and manner prescribed by said rules.
CERTIFICATE OF SERVICE
IHEREBY CERTIFY that a true and correct copy of the foregoing was included with a copy
of the Summons and Complaint under initial service of process upon the Defendant.
ALLIANCE LAW FIRM
Attorneys for Plaintiff
1665 Palm Beach Lakes Blvd., Suite 1001
West Palm Beach, FL 33401
Telephone: (561) 898-0351
Facsimile: (561) 335-1245
oberges@alliancelawfirm.org
jbendel@alliancelawfirm.org
service@alliancelawfirm.org
By:__/4/ he Laigés
Otto E. Bergés, Esq.
Florida Bar No.: 193380
Joseph Bendel, Esq.
Florida Bar No.: 111360
PLAINTIFF’S FIRST SET OF INTERROGATORIES TO DEFENDANT
In accordance with Rules 1.280 and 1.340 of the Florida Rules of Civil Procedure, the
Defendant is hereby required within forty-five (45) days after service hereof to answer the attached
Interrogatories numbered 1 through 18 in writing and under oath, to insert said answers upon the
original and copy served, and to serve copies to all counsel of record pursuant to the Rules.
DEFINITIONS
A When used herein the term “Plaintiff and/or Insured,” means Plaintiff, AURIANA
LAUTURE.
“You”, “your”, “yours”,
B When used herein the term, “yourselves”
and/or “Insurance Company,” means the Defendant to whom this discovery is directed,
and any attorney or consultant affiliated with Defendant, and any other or entity acting
or purporting to act on behalf of the Defendant.
Cc When used herein the term "document" or "documents" means any and all information
in tangible form and shall include, without limiting the generality of the foregoing, all letters,
telegrams, telexes, teletypes, correspondence, contracts, drafts, agreements, notes to file, reports,
memoranda, mechanical or electronic recordings or transcripts of such recordings, blueprints, flow
sheets, calendar or diary entries, memoranda or telephone or personal conversations, memoranda of
meetings or conferences, studies, reports, inter-office and intra-office communications, quotations,
offers, inquiries, bulletins, circulars, statements, manuals, summaries, newsletters, compilations,
maps, etc.
D. When used herein "communication" means the transmission, sharing or exchange of
information or knowledge in any form, by one with another.
E. When used herein the term "person" means any individual, corporation, partnership,
joint venture, group, association, body politic, government agency, unit or other organization.
F When used herein the term “insurance policy” shall mean the insurance
policy that was issued by the Insurance Company to the Plaintiff and is the subject of the
Complaint.
G When used herein the term “property” shall mean the Plaintiff's insured property.
H. When used herein the term “insurance claim” shall mean the Defendant’s
insurance claim number assigned to the Plaintiff's claim which is the subject of the Complaint.
I To “identify a document" shall mean to state with respect thereto:
a. The identity of the person who prepared it;
b. The identity of the person who signed it or in whose name it was issued;
c. The identity of each person to whom it was addressed or distributed;
d. The nature or substance of the document with sufficient particularity to enable it to
be identified;
e. Its date, and if it bears no date, the date when it was prepared; and
f. The physical location of the document and the custodian or custodians thereof.
J. To "identify a person" with reference to a natural person means to give his name, his
last known address and if employed, the name and address of his employer and his job title or position.
To identify a person who is not an individual, means to state the name and principal office of such
person.
K. If you claim that the attorney-client or other privilege or attorneys’ work product
doctrine is applicable to any document the identification of which is sought by these
interrogatories, then with respect to each such document, state its date, author(s), recipient(s),
present and all previous custodians, location, subject matter, and sufficient additional information
to explain the claim of privilege and to enable adjudication of the propriety of that claim.
L. If you claim that the attorney-client or other privilege or the attorneys’ work product
doctrine is applicable to any event or occurrence including any oral communication, the
identification of which is sought by these interrogatories, then with respect to each such event or
occurrence, state its date, place and length, identify all persons present at all or any part of the
event or occurrence; identify all documents that record, refer, or relate to the event or occurrence;
state the subject matter of the event or occurrence; and provide sufficient additional information
to explain the claim of privilege and to enable adjudication of the propriety of that claim.
M If any document the identification of which is sought by these interrogatories has
been destroyed, then state the date and circumstances of its destruction, and identify the person
who destroyed the documents and the person who ordered its destruction.
INTERROGATORIES
1 State the name, title, and address of each person(s) who assisted in the formulation of the
answers to these Interrogatories.
2. State the name, address, and title of each person(s) who had any role, whatsoever, in
analyzing or adjusting the insurance claim, giving a brief description of each person’s
responsibilities and actions regarding this matter.
3 State the names, addresses, phone numbers, and titles of the following:
a. Any person known to you or your attorneys who has any relevant knowledge of the
issues, which form the basis of this litigation, whether or not that knowledge supports
your position, and state the nature or general substance of each person(s) knowledge.
All persons believed or known by you to have heard or who is purported to have heard
anyone on behalf of Plaintiff make any communication concerning the subject matter
of the Complaint and state the substance of each communication.
All persons believed or known by you to have heard or who is purported to have heard
Plaintiff make any communication concerning the subject matter of the Complaint
and state the substance of each communication.
4 Identify each item of expense or damage presented to the Insurance Company that you
assert should not be included in payable damages, and for each such item, explain why such
damage or expense should not be included in payable damages.
5 Identify how much was paid on the subject claim and explain how any such payments were
calculated.
6. State whether Plaintiff made any previous claims to the Insurance Company on the insurance
policy that is the subject of this litigation, or any other policy with the Insurance Company, and for
each previous claim state:
a. The nature of the claim;
The date of the claim;
The amount claimed; and
The amount paid by the Insurance Company on this claim.
7 Identify by name, author and date of report, all reports, estimates, evaluations, appraisals, or
similar documents prepared by or on behalf of the Insurance Company concerning the insurance claim
and/or any aspect of the loss and damage that underlies this litigation.
8 Identify by name and address all persons participating in or assisting in the preparation of the
following:
a. Any inventory, lists, etc. of the real and/or personal property of Plaintiff damaged or
destroyed in the loss that underlies this litigation.
Any and all statements and/or proofs of loss filed with the Insurance Company by or on
behalf of the Plaintiff.
9. Identify all expert witnesses you have retained or consulted which you will or may call to
testify at the trial of this litigation and state the subject matter to which each is expected to testify.
10. Please list when, if at all, you or anyone on your behalf inspected the property. Your
answer should provide the name of the person or entity performing the inspection, the reason the
inspection was ordered, what part of the property was inspected, the date(s) of the inspection and
the results of the inspection, including whether a written report was prepared based upon the
inspection and the date of the report.
11. Disclose with specificity sufficient to effect service of process the identity of all information
bureaus and third-party sources from which the Insurance Company has sought information about
Plaintiff, and for each such information bureaus or third-party source, state the exact information
requested and the information obtained.
12. Disclose with specificity sufficient to effect service of process the identity of all information
bureaus and third-party sources to which the Insurance Company has provided any information about
Plaintiff, and for each such information bureau or third-party source, state the exact information
provided.
13. State factual basis for each affirmative defense to the Complaint.
14. Identify each and every document, paper, photograph, physical object, and other tangible
items and evidence that was given by Plaintiff to Defendant or any of the Defendant’s
representatives associated with the subject claim.
15. Set forth the provision of the insurance policy that you claim excludes or limits coverage
with the regard to the claim presented by Plaintiff.
16. If you contend that the estimate of the Plaintiff is excessive, set forth in detail the reason
for this contention and the amount you contend is necessary to repair or replace the damaged
property.
17. Set forth each post loss condition, condition precedent, or condition subsequent that
Defendant contends that the Plaintiff failed to comply with, and provide in detail the factual basis
and identity (names, address, email, and telephone) every person who has knowledge of the facts
of the non-compliance, and state specifically as to each how Defendant has been prejudiced.
18. Please identify the name, address, and telephone numbers of all witnesses who have
knowledge of the basis for or facts and circumstances giving rise to each of your defenses to the
insurance claim and any Affirmative Defenses raised or to be raised by you.
VERIFICATION
By:_
Authorized Corporate Representative Signature
Authorized Corporate Representative
Title
STATE OF
COUNTY OF
Sworn to and subscribed before me this day of , 2023 >
by. , who is personally known to me or who has
produced as identification.
Notary Public
Name of Notary (Typed, Printed or Stamped)
My Commission Expires:
Notary Seal
Preview
Filing # 172626980 E-Filed 05/08/2023 11:14:18 AM IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CASE NO.: 23001791CA AURIANA LAUTURE, Plaintiff, VS. EDISON INSURANCE COMPANY, Defendant. / PLAINTIFF’S NOTICE OF SERVING FIRST SET OF NTERROGATORIES TO DEFENDANT Plaintiff, AURIANA LAUTURE, hereby gives Notice of Serving First Set of Interrogatories to Defendant, EDISON INSURANCE COMPANY, pursuant to Fla. R. Civ. P. 1.280 and 1.340, to be answered in accordance with the time and manner prescribed by said rules. CERTIFICATE OF SERVICE IHEREBY CERTIFY that a true and correct copy of the foregoing was included with a copy of the Summons and Complaint under initial service of process upon the Defendant. ALLIANCE LAW FIRM Attorneys for Plaintiff 1665 Palm Beach Lakes Blvd., Suite 1001 West Palm Beach, FL 33401 Telephone: (561) 898-0351 Facsimile: (561) 335-1245 oberges@alliancelawfirm.org jbendel@alliancelawfirm.org service@alliancelawfirm.org By:__/4/ he Laigés Otto E. Bergés, Esq. Florida Bar No.: 193380 Joseph Bendel, Esq. Florida Bar No.: 111360 PLAINTIFF’S FIRST SET OF INTERROGATORIES TO DEFENDANT In accordance with Rules 1.280 and 1.340 of the Florida Rules of Civil Procedure, the Defendant is hereby required within forty-five (45) days after service hereof to answer the attached Interrogatories numbered 1 through 18 in writing and under oath, to insert said answers upon the original and copy served, and to serve copies to all counsel of record pursuant to the Rules. DEFINITIONS A When used herein the term “Plaintiff and/or Insured,” means Plaintiff, AURIANA LAUTURE. “You”, “your”, “yours”, B When used herein the term, “yourselves” and/or “Insurance Company,” means the Defendant to whom this discovery is directed, and any attorney or consultant affiliated with Defendant, and any other or entity acting or purporting to act on behalf of the Defendant. Cc When used herein the term "document" or "documents" means any and all information in tangible form and shall include, without limiting the generality of the foregoing, all letters, telegrams, telexes, teletypes, correspondence, contracts, drafts, agreements, notes to file, reports, memoranda, mechanical or electronic recordings or transcripts of such recordings, blueprints, flow sheets, calendar or diary entries, memoranda or telephone or personal conversations, memoranda of meetings or conferences, studies, reports, inter-office and intra-office communications, quotations, offers, inquiries, bulletins, circulars, statements, manuals, summaries, newsletters, compilations, maps, etc. D. When used herein "communication" means the transmission, sharing or exchange of information or knowledge in any form, by one with another. E. When used herein the term "person" means any individual, corporation, partnership, joint venture, group, association, body politic, government agency, unit or other organization. F When used herein the term “insurance policy” shall mean the insurance policy that was issued by the Insurance Company to the Plaintiff and is the subject of the Complaint. G When used herein the term “property” shall mean the Plaintiff's insured property. H. When used herein the term “insurance claim” shall mean the Defendant’s insurance claim number assigned to the Plaintiff's claim which is the subject of the Complaint. I To “identify a document" shall mean to state with respect thereto: a. The identity of the person who prepared it; b. The identity of the person who signed it or in whose name it was issued; c. The identity of each person to whom it was addressed or distributed; d. The nature or substance of the document with sufficient particularity to enable it to be identified; e. Its date, and if it bears no date, the date when it was prepared; and f. The physical location of the document and the custodian or custodians thereof. J. To "identify a person" with reference to a natural person means to give his name, his last known address and if employed, the name and address of his employer and his job title or position. To identify a person who is not an individual, means to state the name and principal office of such person. K. If you claim that the attorney-client or other privilege or attorneys’ work product doctrine is applicable to any document the identification of which is sought by these interrogatories, then with respect to each such document, state its date, author(s), recipient(s), present and all previous custodians, location, subject matter, and sufficient additional information to explain the claim of privilege and to enable adjudication of the propriety of that claim. L. If you claim that the attorney-client or other privilege or the attorneys’ work product doctrine is applicable to any event or occurrence including any oral communication, the identification of which is sought by these interrogatories, then with respect to each such event or occurrence, state its date, place and length, identify all persons present at all or any part of the event or occurrence; identify all documents that record, refer, or relate to the event or occurrence; state the subject matter of the event or occurrence; and provide sufficient additional information to explain the claim of privilege and to enable adjudication of the propriety of that claim. M If any document the identification of which is sought by these interrogatories has been destroyed, then state the date and circumstances of its destruction, and identify the person who destroyed the documents and the person who ordered its destruction. INTERROGATORIES 1 State the name, title, and address of each person(s) who assisted in the formulation of the answers to these Interrogatories. 2. State the name, address, and title of each person(s) who had any role, whatsoever, in analyzing or adjusting the insurance claim, giving a brief description of each person’s responsibilities and actions regarding this matter. 3 State the names, addresses, phone numbers, and titles of the following: a. Any person known to you or your attorneys who has any relevant knowledge of the issues, which form the basis of this litigation, whether or not that knowledge supports your position, and state the nature or general substance of each person(s) knowledge. All persons believed or known by you to have heard or who is purported to have heard anyone on behalf of Plaintiff make any communication concerning the subject matter of the Complaint and state the substance of each communication. All persons believed or known by you to have heard or who is purported to have heard Plaintiff make any communication concerning the subject matter of the Complaint and state the substance of each communication. 4 Identify each item of expense or damage presented to the Insurance Company that you assert should not be included in payable damages, and for each such item, explain why such damage or expense should not be included in payable damages. 5 Identify how much was paid on the subject claim and explain how any such payments were calculated. 6. State whether Plaintiff made any previous claims to the Insurance Company on the insurance policy that is the subject of this litigation, or any other policy with the Insurance Company, and for each previous claim state: a. The nature of the claim; The date of the claim; The amount claimed; and The amount paid by the Insurance Company on this claim. 7 Identify by name, author and date of report, all reports, estimates, evaluations, appraisals, or similar documents prepared by or on behalf of the Insurance Company concerning the insurance claim and/or any aspect of the loss and damage that underlies this litigation. 8 Identify by name and address all persons participating in or assisting in the preparation of the following: a. Any inventory, lists, etc. of the real and/or personal property of Plaintiff damaged or destroyed in the loss that underlies this litigation. Any and all statements and/or proofs of loss filed with the Insurance Company by or on behalf of the Plaintiff. 9. Identify all expert witnesses you have retained or consulted which you will or may call to testify at the trial of this litigation and state the subject matter to which each is expected to testify. 10. Please list when, if at all, you or anyone on your behalf inspected the property. Your answer should provide the name of the person or entity performing the inspection, the reason the inspection was ordered, what part of the property was inspected, the date(s) of the inspection and the results of the inspection, including whether a written report was prepared based upon the inspection and the date of the report. 11. Disclose with specificity sufficient to effect service of process the identity of all information bureaus and third-party sources from which the Insurance Company has sought information about Plaintiff, and for each such information bureaus or third-party source, state the exact information requested and the information obtained. 12. Disclose with specificity sufficient to effect service of process the identity of all information bureaus and third-party sources to which the Insurance Company has provided any information about Plaintiff, and for each such information bureau or third-party source, state the exact information provided. 13. State factual basis for each affirmative defense to the Complaint. 14. Identify each and every document, paper, photograph, physical object, and other tangible items and evidence that was given by Plaintiff to Defendant or any of the Defendant’s representatives associated with the subject claim. 15. Set forth the provision of the insurance policy that you claim excludes or limits coverage with the regard to the claim presented by Plaintiff. 16. If you contend that the estimate of the Plaintiff is excessive, set forth in detail the reason for this contention and the amount you contend is necessary to repair or replace the damaged property. 17. Set forth each post loss condition, condition precedent, or condition subsequent that Defendant contends that the Plaintiff failed to comply with, and provide in detail the factual basis and identity (names, address, email, and telephone) every person who has knowledge of the facts of the non-compliance, and state specifically as to each how Defendant has been prejudiced. 18. Please identify the name, address, and telephone numbers of all witnesses who have knowledge of the basis for or facts and circumstances giving rise to each of your defenses to the insurance claim and any Affirmative Defenses raised or to be raised by you. VERIFICATION By:_ Authorized Corporate Representative Signature Authorized Corporate Representative Title STATE OF COUNTY OF Sworn to and subscribed before me this day of , 2023 > by. , who is personally known to me or who has produced as identification. Notary Public Name of Notary (Typed, Printed or Stamped) My Commission Expires: Notary Seal