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Case Number: CACE-19-021327 Division: 14
Filing # 97279825 E-Filed 10/15/2019 10:55:52 AM
IN THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT IN
AND FOR BROWARD COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
CASE NO.:
IRENE GABRIEL,
Plaintiff,
Vv.
UNIVERSAL PROPERTY &
CASUALTY INSURANCE COMPANY,
Defendant.
/
PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT
PLEASE TAKE NOTICE that Defendant, UNIVERSAL PROPERTY & CASUALTY
INSURANCE COMPANY (hereinafter “Defendant”), is to produce the following for
inspection or photocopying at the offices of the undersigned, or produce legible copies by mail of
the same, within thirty (30) days of this request, pursuant to Florida Rules of Civil Procedure
1.350.
(a) Defendant’s written response shall state with respect to each item or category, that
inspection-related activities will be permitted as requested, unless request is refused, in which
event the reasons for refusal shall be stated. If the refusal relates to part of an item or category,
that part shall be specified.
(b) In accordance, the documents shall be produced as they are covered in the usual
course of business or you shall organize and label them to correspond with the categories in the
request.
#** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/15/2019 10:55:51 AM.*##*
(c) These requests shall encompass all items within your possession, custody or control.
(d) These requests are continuing in character so as to require you to promptly amend or
supplement your response if you obtain further material information.
(e) If in responding to these requests you encounter any ambiguity in construing any
request, instruction or definition, set forth the matter deemed ambiguous in the construction used,
in responding.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served upon
Defendant with a copy of the Complaint by the Insurance Commissioner of the State of Florida.
DATED this 15th day of October, 2019.
The Purnell Law Firm, P.A.
515 East Las Olas Boulevard, Suite 120
Fort Lauderdale, Florida 33301
Telephone: (954) 361-9545
Telecopier: (866) 610-5605
By. /s/ Angelia Baldwin Purnell
Angelia Baldwin Pumell, Esq.
Florida Bar No. 070599
Primary Email: apurnell@purnell-law.com
DEFINITIONS AND INSTRUCTIONS
1 The term "Defendant" shall be deemed to include UNIVERSAL PROPERTY &
CASUALTY INSURANCE COMPANY, and/or its employees, contractors, servants, agents,
attorneys, representatives or any other person acting on their behalf or on behalf of any one of
them.
2. The terms “document” or “documents” as used herein shall mean any recordation
of any information and includes without limitation: letters, correspondences, memorandum,
emails, facsimile transmissions, notes, reports, compilations, data notebooks, work papers,
graphs, charts, blueprints, books, ledgers, drawing, sketches, photographs, diaries, sales
literature, agreements, minutes of meetings, punch cards, magnetic tapes or wires, printout
sheets, and any other writings, typings, prints, drafts, copies, and/or mechanical or photographic
reproduction or recordation thereof in the possession, custody, or control of Defendant or any of
its representatives, or known to any of the foregoing whether or not prepared by Defendant.
“Document” or “documents” shall also include all copies, which are not identical with the
original.
3 Whenever a Request requires the identification of a document, the answer shall state
the following information with respect to each such document:
a. the date appearing of such document and if no date appears thereon, the answer shall
so state and shall give the date or approximate date such document was prepared;
b the identification or description, , file number, title or label of such document;
Cc. the general nature or description of such document (i.e. whether it is a letter,
memorandum, drawing, etc.) and the number of pages of which it consists;
d the name if the person by whom such document was prepared and if it was not
signed, the answer shall give the name of the person or persons who prepare it;
e. the name of the person to whom such document was addressed and the name of each
person other than such addressee to whom such document or copies thereof were given or
sent;
f. the name of the person having possession, custody, or control of such document;
g whether any draft, copy, or reproduction of such document contains or has been
subject to any postscript, notation, change, amendment, or addendum not appearing on said
document itself, and, if so, the answer shall identify as herein required each such draft, copy,
or reproduction;
h. the source of origin of said document and, if the document was not generated by
Defendants or its employees, specify from whom the document was obtained and identify
said person and his/her relationship to Defendant;
i) the basis on which the claim of privilege is asserted, and
ii) a general description of the content thereof.
4 When a Request requests the identification of an individual or natural person, state,
to the extent known, his or her:
a. full name;
b. present or last known home address;
Cc. present or last known business address;
d. present or last known title or occupation;
€. present or last known employer; and
f. if employed by Defendant at any time, the period of times so employed, and the
areas(s) of responsibility during such times.
5 The term “communication” means the transmittal of information (in the form of
facts, ideas, inquiries, or otherwise).
6. The term “document” is defined to be synonymous in the meaning and equal in
scope to the usage of this term in the Florida Rules of Civil Procedure. A draft of non-identical copy
is a separate document within the meaning of this term.
7
The term “person” is defined as any natural person or any business, legal, or
governmental entity or association.
8 The term “concerning” means relating to, referring to, or describing, evidencing, or
constituting.
9. The term “all” and “each” shall be construed as all and each.
10. The term “and/or” shall be construed to either disjunctively or conjunctively as
necessary to bring within the scope of the discovery request all response that might otherwise be
construed to be outside of its scope.
11. The term “loss” shall collectively refer to the alleged damages that occurred
throughout Plaintiff's property located at 6590 Northwest 27th Street, Sunrise, Florida 33313
on or about: (a) September 10, 2017; (b) June 11, 2019; and (c) June 15, 2019.
12. In the event that Defendant declines to produce any or any portion of any
production request on the claim of privilege, identify the document(s) which has/have a claim of
privilege, state each privilege claimed, and describe, in accordance with the requirements of
Florida law set out, all functional facts upon which such claim of privilege is based.
13. These requests for production shall be deemed to be continuing and, in the event that
Defendant becomes aware of additional responsive documents or other production after the return
date specified above, Defendant is requested to furnish such matters.
14. Each subsection of each Request should be answered separately where the
information available to Defendant permits, and documents produced in response to each Request
shall be specifically identified.
ITEMS TO BE PRODUCED
1 All documents, items and other tangible things upon which Defendant relies in
making any of the assertions contained in its answer and affirmative defenses.
2 A certified copy of the insurance policy in effect on the date(s) of loss together
with all declarations, riders, endorsements, amendments and other documents which make up the
policy. If the subject insurance policy contains counterparts or a master policy or the like in
Defendant’s possession, custody or control, please produce a copy of that, too.
3 All letters, notices, emails, faxes and other correspondences sent to the Plaintiff or
to the Plaintiff's representatives by Defendant or Defendant’s agents from the inception of the
subject insurance policy to the present that pertain to the subject claim(s).
4 All letters, correspondences, emails and faxes from Plaintiff or persons acting on
behalf of the Plaintiff's to the Defendant or to Defendant’s agents from the inception of the
policy to the present that pertain to the subject loss.
5 Color copies of all photos in Defendant’s possession corresponding to the loss.
6. All estimates, appraisals and reports prepared by persons engaged by Defendant to
evaluate or adjust Plaintiff’s loss.
7 Copies of all videos (whether recorded on tape or digitally) corresponding to any
aspect of Plaintiff's loss.
8 All statements made by Plaintiff, whether written, recorded or otherwise
memorialized, which pertain to Plaintiff's loss as alleged in the Complaint.
9. All notes made by the property adjusters who evaluated the Plaintiff's loss,
whether written on paper or recorded in any way, including email messages and computer
entries.
10. Any and all documents which refer to the date on which Plaintiff or anyone acting
on Plaintiff's behalf first notified Defendant of the loss complained of in this action.
11. The reports of any tradesperson (e.g., plumber, roofer, engineer, contractor, etc.)
hired or engaged by Defendant to evaluate or comment on any aspect of the loss.
12. All application(s) for insurance submitted by or on behalf of the Insured to
Defendant or Defendant’s representatives in connection with obtaining or renewing the subject
policy.
13. All inspection reports prepared by Defendant or Defendant’s representatives in
connection with the initial issuance or renewal of the subject policy at issue.
14. All photographs or video taken of the risk by or for Defendant’s representatives in
connection with the initial issuance or renewal of the subject policy at issue.
15. To the extent not already provide in response to preceding requests, all inspection
reports, appraisals, photographs, video or other documents or materials in Defendant’s
possession that evidence or pertain to the condition of the subject property or any portion thereof
prior to the subject date(s) of loss.
16. All Proof of Loss forms pertaining to the subject loss that were sent or received by
Defendant or Defendant’s representatives to or from the Insureds or Insureds’ representatives as
evidence of the Insureds’ compliance with post loss conditions.
17. All correspondence sent by Defendant or Defendant’s representatives to the
Insureds or the Insureds’ representatives advising of the Insureds’ right to participate in
mediation in accordance with Section 627.7015(2), Florida Statute.
18. All correspondence sent by Defendant or Defendant’s representatives to the
Insureds or Insureds’ representatives in response to a request for mediation or appraisal of the
subject loss.
19. Any and all documents and things which Defendant may reasonably expect to
offer into evidence at trial.
20. A privilege log accounting for all responsive materials being withheld from
production on the basis of privilege or protection, in accordance with Florida Rule of Civil
Procedure 1.280(b)(5).
21. Copies of any documents, reports, messages, memoranda, opinions, and/or notes
concerning the loss.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served upon
Defendant with a copy of the Complaint by the Insurance Commissioner of the State of Florida.
DATED this / 5th day of October, 2019.
The Purnell Law Firm, P.A.
515 East Las Olas Boulevard, Suite 120
Fort Lauderdale, Florida 33301
Telephone: (954) 361-9545
Telecopier: (866) 610-5605
By. /s/ Angelia Baldwin Purnell
Angelia Baldwin Purell, Esq.
Florida Bar No. 070599
Primary Email: apurnell@purnell-law.com
Preview
Case Number: CACE-19-021327 Division: 14 Filing # 97279825 E-Filed 10/15/2019 10:55:52 AM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CIRCUIT CIVIL DIVISION CASE NO.: IRENE GABRIEL, Plaintiff, Vv. UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. / PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT PLEASE TAKE NOTICE that Defendant, UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY (hereinafter “Defendant”), is to produce the following for inspection or photocopying at the offices of the undersigned, or produce legible copies by mail of the same, within thirty (30) days of this request, pursuant to Florida Rules of Civil Procedure 1.350. (a) Defendant’s written response shall state with respect to each item or category, that inspection-related activities will be permitted as requested, unless request is refused, in which event the reasons for refusal shall be stated. If the refusal relates to part of an item or category, that part shall be specified. (b) In accordance, the documents shall be produced as they are covered in the usual course of business or you shall organize and label them to correspond with the categories in the request. #** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/15/2019 10:55:51 AM.*##* (c) These requests shall encompass all items within your possession, custody or control. (d) These requests are continuing in character so as to require you to promptly amend or supplement your response if you obtain further material information. (e) If in responding to these requests you encounter any ambiguity in construing any request, instruction or definition, set forth the matter deemed ambiguous in the construction used, in responding. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served upon Defendant with a copy of the Complaint by the Insurance Commissioner of the State of Florida. DATED this 15th day of October, 2019. The Purnell Law Firm, P.A. 515 East Las Olas Boulevard, Suite 120 Fort Lauderdale, Florida 33301 Telephone: (954) 361-9545 Telecopier: (866) 610-5605 By. /s/ Angelia Baldwin Purnell Angelia Baldwin Pumell, Esq. Florida Bar No. 070599 Primary Email: apurnell@purnell-law.com DEFINITIONS AND INSTRUCTIONS 1 The term "Defendant" shall be deemed to include UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, and/or its employees, contractors, servants, agents, attorneys, representatives or any other person acting on their behalf or on behalf of any one of them. 2. The terms “document” or “documents” as used herein shall mean any recordation of any information and includes without limitation: letters, correspondences, memorandum, emails, facsimile transmissions, notes, reports, compilations, data notebooks, work papers, graphs, charts, blueprints, books, ledgers, drawing, sketches, photographs, diaries, sales literature, agreements, minutes of meetings, punch cards, magnetic tapes or wires, printout sheets, and any other writings, typings, prints, drafts, copies, and/or mechanical or photographic reproduction or recordation thereof in the possession, custody, or control of Defendant or any of its representatives, or known to any of the foregoing whether or not prepared by Defendant. “Document” or “documents” shall also include all copies, which are not identical with the original. 3 Whenever a Request requires the identification of a document, the answer shall state the following information with respect to each such document: a. the date appearing of such document and if no date appears thereon, the answer shall so state and shall give the date or approximate date such document was prepared; b the identification or description, , file number, title or label of such document; Cc. the general nature or description of such document (i.e. whether it is a letter, memorandum, drawing, etc.) and the number of pages of which it consists; d the name if the person by whom such document was prepared and if it was not signed, the answer shall give the name of the person or persons who prepare it; e. the name of the person to whom such document was addressed and the name of each person other than such addressee to whom such document or copies thereof were given or sent; f. the name of the person having possession, custody, or control of such document; g whether any draft, copy, or reproduction of such document contains or has been subject to any postscript, notation, change, amendment, or addendum not appearing on said document itself, and, if so, the answer shall identify as herein required each such draft, copy, or reproduction; h. the source of origin of said document and, if the document was not generated by Defendants or its employees, specify from whom the document was obtained and identify said person and his/her relationship to Defendant; i) the basis on which the claim of privilege is asserted, and ii) a general description of the content thereof. 4 When a Request requests the identification of an individual or natural person, state, to the extent known, his or her: a. full name; b. present or last known home address; Cc. present or last known business address; d. present or last known title or occupation; €. present or last known employer; and f. if employed by Defendant at any time, the period of times so employed, and the areas(s) of responsibility during such times. 5 The term “communication” means the transmittal of information (in the form of facts, ideas, inquiries, or otherwise). 6. The term “document” is defined to be synonymous in the meaning and equal in scope to the usage of this term in the Florida Rules of Civil Procedure. A draft of non-identical copy is a separate document within the meaning of this term. 7 The term “person” is defined as any natural person or any business, legal, or governmental entity or association. 8 The term “concerning” means relating to, referring to, or describing, evidencing, or constituting. 9. The term “all” and “each” shall be construed as all and each. 10. The term “and/or” shall be construed to either disjunctively or conjunctively as necessary to bring within the scope of the discovery request all response that might otherwise be construed to be outside of its scope. 11. The term “loss” shall collectively refer to the alleged damages that occurred throughout Plaintiff's property located at 6590 Northwest 27th Street, Sunrise, Florida 33313 on or about: (a) September 10, 2017; (b) June 11, 2019; and (c) June 15, 2019. 12. In the event that Defendant declines to produce any or any portion of any production request on the claim of privilege, identify the document(s) which has/have a claim of privilege, state each privilege claimed, and describe, in accordance with the requirements of Florida law set out, all functional facts upon which such claim of privilege is based. 13. These requests for production shall be deemed to be continuing and, in the event that Defendant becomes aware of additional responsive documents or other production after the return date specified above, Defendant is requested to furnish such matters. 14. Each subsection of each Request should be answered separately where the information available to Defendant permits, and documents produced in response to each Request shall be specifically identified. ITEMS TO BE PRODUCED 1 All documents, items and other tangible things upon which Defendant relies in making any of the assertions contained in its answer and affirmative defenses. 2 A certified copy of the insurance policy in effect on the date(s) of loss together with all declarations, riders, endorsements, amendments and other documents which make up the policy. If the subject insurance policy contains counterparts or a master policy or the like in Defendant’s possession, custody or control, please produce a copy of that, too. 3 All letters, notices, emails, faxes and other correspondences sent to the Plaintiff or to the Plaintiff's representatives by Defendant or Defendant’s agents from the inception of the subject insurance policy to the present that pertain to the subject claim(s). 4 All letters, correspondences, emails and faxes from Plaintiff or persons acting on behalf of the Plaintiff's to the Defendant or to Defendant’s agents from the inception of the policy to the present that pertain to the subject loss. 5 Color copies of all photos in Defendant’s possession corresponding to the loss. 6. All estimates, appraisals and reports prepared by persons engaged by Defendant to evaluate or adjust Plaintiff’s loss. 7 Copies of all videos (whether recorded on tape or digitally) corresponding to any aspect of Plaintiff's loss. 8 All statements made by Plaintiff, whether written, recorded or otherwise memorialized, which pertain to Plaintiff's loss as alleged in the Complaint. 9. All notes made by the property adjusters who evaluated the Plaintiff's loss, whether written on paper or recorded in any way, including email messages and computer entries. 10. Any and all documents which refer to the date on which Plaintiff or anyone acting on Plaintiff's behalf first notified Defendant of the loss complained of in this action. 11. The reports of any tradesperson (e.g., plumber, roofer, engineer, contractor, etc.) hired or engaged by Defendant to evaluate or comment on any aspect of the loss. 12. All application(s) for insurance submitted by or on behalf of the Insured to Defendant or Defendant’s representatives in connection with obtaining or renewing the subject policy. 13. All inspection reports prepared by Defendant or Defendant’s representatives in connection with the initial issuance or renewal of the subject policy at issue. 14. All photographs or video taken of the risk by or for Defendant’s representatives in connection with the initial issuance or renewal of the subject policy at issue. 15. To the extent not already provide in response to preceding requests, all inspection reports, appraisals, photographs, video or other documents or materials in Defendant’s possession that evidence or pertain to the condition of the subject property or any portion thereof prior to the subject date(s) of loss. 16. All Proof of Loss forms pertaining to the subject loss that were sent or received by Defendant or Defendant’s representatives to or from the Insureds or Insureds’ representatives as evidence of the Insureds’ compliance with post loss conditions. 17. All correspondence sent by Defendant or Defendant’s representatives to the Insureds or the Insureds’ representatives advising of the Insureds’ right to participate in mediation in accordance with Section 627.7015(2), Florida Statute. 18. All correspondence sent by Defendant or Defendant’s representatives to the Insureds or Insureds’ representatives in response to a request for mediation or appraisal of the subject loss. 19. Any and all documents and things which Defendant may reasonably expect to offer into evidence at trial. 20. A privilege log accounting for all responsive materials being withheld from production on the basis of privilege or protection, in accordance with Florida Rule of Civil Procedure 1.280(b)(5). 21. Copies of any documents, reports, messages, memoranda, opinions, and/or notes concerning the loss. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served upon Defendant with a copy of the Complaint by the Insurance Commissioner of the State of Florida. DATED this / 5th day of October, 2019. The Purnell Law Firm, P.A. 515 East Las Olas Boulevard, Suite 120 Fort Lauderdale, Florida 33301 Telephone: (954) 361-9545 Telecopier: (866) 610-5605 By. /s/ Angelia Baldwin Purnell Angelia Baldwin Purell, Esq. Florida Bar No. 070599 Primary Email: apurnell@purnell-law.com