Preview
Filing # 178072243 E-Filed 07/24/2023 01:22:37 PM
IN THE CIRCUIT COURT OF THE
TWENTIETH JUDICIAL CIRCUIT, IN
AND FOR CHARLOTTE COUNTY,
FLORIDA
CASE NO.: 23001753CA
JOHN MILLER AND TAMARA MILLER,
Plaintiff(s),
vs.
HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY,
Defendant.
PLAINTIFFS’ RESPONSE TO DEFENDANT’S FIRST REQUEST TO PRODUCE
COMES NOW, Plaintiff(s), JOHN MILLER AND TAMARA MILLER, by and through
undersigned counsel and pursuant to the applicable Florida Rules of Civil Procedure
1.340 serve Plaintiffs’ Response to Defendant’s Request to Produce to Plaintiffs.
1 All documents exchanged between you or any agent or representative of yours
and Heritage Property and Casualty Insurance Company, and/or its agents from
the reporting of the alleged loss through the present date.
RESPONSE: See attached correspondence, including but not limited to,
coverage determination letter, Plaintiffs’ counsel’s letter of representation,
Plaintiffs’ Property Insurance Notice of Intent to Initiate Litigation, and
Defendant’s response to Plaintiffs’ Property Insurance Notice of Intent to
Initiate Litigation.
All documents evidencing agreements for representation between you and any
individual or business entity representing you in this claim, including but not limited
to contracts, letters of representation, correspondence, and fee schedules for
representation by loss consultants, public adjusters, or public adjuster firms. This
request does not seek agreements for legal representation.
RESPONSE: See attached contracts with City Roofing & Remodeling and
Happy Home Services.
All documents and correspondence between you and any third party vendor or
contractor relating to the loss.
RESPONSE: See attached invoices prepared by Isles Pool Service and
Interactive Engineering, Inc. and repair contracts prepared by City Roofing
& Remodeling and Happy Home Services.
All documents and correspondence between you and any handyman, person or
company that has performed any work on the property relating to the loss.
RESPONSE: None in Plaintiffs’ possession, custody or control.
All documents evidencing the damages that you are claiming in this lawsuit,
including, but not limited to estimates, contracts, receipts, statements, invoices,
and work orders.
RESPONSE: See attached estimate prepared by Central Florida Property
Claims.
All documents evidencing payment to any third-party for services relating to the
loss.
RESPONSE: See attached invoices prepared by Isles Pool Service and
Interactive Engineering, Inc. and repair contracts prepared by City Roofing
& Remodeling and Happy Home Services.
7. Any proof of loss statements from you relating to the claim.
RESPONSE: See attached Sworn Statement in Proof of Loss.
All documents evidencing the repair and/or replacement of damaged property as
a result of the loss, including but not limited to contracts, receipts, canceled checks,
bills of sale, statements, ATM receipts, credit card statements, evidence of bank
withdrawals, and invoices.
RESPONSE: See attached invoices prepared by Isles Pool Service and
Interactive Engineering, Inc. and repair contracts prepared by City Roofing
& Remodeling and Happy Home Services.
All documents evidencing any mitigation or repairs to any area of the property that
are being claimed as damaged in your loss.
RESPONSE: See attached invoices prepared by Isles Pool Service and
Interactive Engineering, Inc. and repair contracts prepared by City Roofing
& Remodeling and Happy Home Services.
10. The original .jpeg files for any photographs taken which show the alleged damage
at the property on or after the date of loss.
RESPONSE: See attached estimate with photos prepared by Central Florida
Property Claims and engineering report prepared by Interactive Engineering,
Inc.
11.All videos, recordings, film, diagrams, photographs, drawings, charts, sketches or
any other depictions illustrating the damages sustained in the loss.
RESPONSE: See attached estimate with photos prepared by Central Florida
Property Claims and engineering report prepared by Interactive Engineering,
Inc.
12. Any and all photographs or videos which show the damaged area, prior to the date
of the loss.
RESPONSE: None in Plaintiffs’ possession, custody or control.
13.All engineer, or expert reports in support of the claim that the property has
sustained damage as a result of the alleged loss.
RESPONSE: See attached engineering report prepared by Interactive
Engineering, Inc. Expert documentation will be provided pursuant to trial
order.
14.Any and all documents prepared by third parties who inspected or evaluated the
property and/or the damages as a result of the alleged loss.
RESPONSE: See attached invoices prepared by Isles Pool Service and
Interactive Engineering, Inc., repair contracts prepared by City Roofing &
Remodeling and Happy Home Services, engineering report prepared by
Interactive Engineering, Inc., and estimate prepared by Central Florida
Property Claims.
15.All documents evidencing your efforts to protect the property from further damage.
RESPONSE: See attached invoices prepared by Isles Pool Service and
Interactive Engineering, Inc. and repair contracts prepared by City Roofing
& Remodeling and Happy Home Services.
16.All maintenance and/or repair records for the property from the date of loss through
the present.
RESPONSE: See attached invoices prepared by Isles Pool Service and
Interactive Engineering, Inc. and repair contracts prepared by City Roofing
& Remodeling and Happy Home Services.
17.All documents relating to any prior insurance claims at the property, including, but
not limited to: proofs of loss; any repair receipts; estimates; photographs; invoices;
evidences of payments; and/or evidences of settlement.
RESPONSE: None in Plaintiffs’ possession, custody or control.
18.All documents relating to any other losses at the property occurring prior to or
subsequent to the date of loss, including, but not limited to: proofs of loss; any
repair receipts; estimates; photographs; invoices; evidences of payments; and/or
evidences of settlement.
RESPONSE: None in Plaintiffs’ possession, custody or control.
19. Copies of all telephone records (land line and/or cellular) evidencing incoming and
outgoing calls for all adults residing at the Property encompassing the 30 days
prior to the alleged date of loss through 30 days after the alleged date of loss.
RESPONSE: Objection, relevance.
20. All documents in your possession relating to the loss alleged in the Complaint that
were not previously produced in response to the above requests.
RESPONSE: See attached.
21.Copies of any liens, sales contracts, disclosure reports, inspection reports,
appraisal reports and/or other documents relative to your purchase or acquisition
of the Property.
RESPONSE: None in Plaintiffs’ possession, custody or control.
22.A copy of any and all lease agreements, rental agreements, contracts or other
documents with any tenant or tenant(s) residing at the Property from the two years
prior to the alleged loss through the current date.
RESPONSE: None in Plaintiffs’ possession, custody or control.
23.Copies of any and all documents created as part of the home inspection report
from your purchase of the subject property, including, but not limited to all
inspection reports, 4-point inspection reports, appraisal reports, photographs and
videos in their native format.
RESPONSE: None in Plaintiffs’ possession, custody or control.
24.Copies of any documentation evidencing repairs and/or renovations at the
Property that occurred during the five (5) years prior to the alleged loss.
RESPONSE: None in Plaintiffs’ possession, custody or control.
25.Copies of any checks (front and back) for any repairs made to the property as a
result of this claim.
RESPONSE: None in Plaintiffs’ possession, custody or control.
26.Copies of any policies of homeowners’ insurance which cover damage caused by
flood.
RESPONSE: None in Plaintiffs’ possession, custody or control.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the foregoing was filed via the
Florida E-Portal and email, which will be electronically served a copy to: all parties of
record at the designated email address registered with the e-portal on the date identified
on the e-filing.
BOLTZ LEGAL
1221 E. Broadway St., Suite 1011
Oviedo, FL 32765
Telephone: (386) 868-5848
Fax: (386) 868-5847
ATTORNEY FOR PLAINTIFF
Primary: brookeboltz@boltzlegal.com
Secondary: eservice@boltzlegal.com
/s/_BROOKE BOLTZ
BROOKE BOLTZ, ESQUIRE
Florida Bar No.: 54035
Preview
Filing # 178072243 E-Filed 07/24/2023 01:22:37 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR CHARLOTTE COUNTY, FLORIDA CASE NO.: 23001753CA JOHN MILLER AND TAMARA MILLER, Plaintiff(s), vs. HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. PLAINTIFFS’ RESPONSE TO DEFENDANT’S FIRST REQUEST TO PRODUCE COMES NOW, Plaintiff(s), JOHN MILLER AND TAMARA MILLER, by and through undersigned counsel and pursuant to the applicable Florida Rules of Civil Procedure 1.340 serve Plaintiffs’ Response to Defendant’s Request to Produce to Plaintiffs. 1 All documents exchanged between you or any agent or representative of yours and Heritage Property and Casualty Insurance Company, and/or its agents from the reporting of the alleged loss through the present date. RESPONSE: See attached correspondence, including but not limited to, coverage determination letter, Plaintiffs’ counsel’s letter of representation, Plaintiffs’ Property Insurance Notice of Intent to Initiate Litigation, and Defendant’s response to Plaintiffs’ Property Insurance Notice of Intent to Initiate Litigation. All documents evidencing agreements for representation between you and any individual or business entity representing you in this claim, including but not limited to contracts, letters of representation, correspondence, and fee schedules for representation by loss consultants, public adjusters, or public adjuster firms. This request does not seek agreements for legal representation. RESPONSE: See attached contracts with City Roofing & Remodeling and Happy Home Services. All documents and correspondence between you and any third party vendor or contractor relating to the loss. RESPONSE: See attached invoices prepared by Isles Pool Service and Interactive Engineering, Inc. and repair contracts prepared by City Roofing & Remodeling and Happy Home Services. All documents and correspondence between you and any handyman, person or company that has performed any work on the property relating to the loss. RESPONSE: None in Plaintiffs’ possession, custody or control. All documents evidencing the damages that you are claiming in this lawsuit, including, but not limited to estimates, contracts, receipts, statements, invoices, and work orders. RESPONSE: See attached estimate prepared by Central Florida Property Claims. All documents evidencing payment to any third-party for services relating to the loss. RESPONSE: See attached invoices prepared by Isles Pool Service and Interactive Engineering, Inc. and repair contracts prepared by City Roofing & Remodeling and Happy Home Services. 7. Any proof of loss statements from you relating to the claim. RESPONSE: See attached Sworn Statement in Proof of Loss. All documents evidencing the repair and/or replacement of damaged property as a result of the loss, including but not limited to contracts, receipts, canceled checks, bills of sale, statements, ATM receipts, credit card statements, evidence of bank withdrawals, and invoices. RESPONSE: See attached invoices prepared by Isles Pool Service and Interactive Engineering, Inc. and repair contracts prepared by City Roofing & Remodeling and Happy Home Services. All documents evidencing any mitigation or repairs to any area of the property that are being claimed as damaged in your loss. RESPONSE: See attached invoices prepared by Isles Pool Service and Interactive Engineering, Inc. and repair contracts prepared by City Roofing & Remodeling and Happy Home Services. 10. The original .jpeg files for any photographs taken which show the alleged damage at the property on or after the date of loss. RESPONSE: See attached estimate with photos prepared by Central Florida Property Claims and engineering report prepared by Interactive Engineering, Inc. 11.All videos, recordings, film, diagrams, photographs, drawings, charts, sketches or any other depictions illustrating the damages sustained in the loss. RESPONSE: See attached estimate with photos prepared by Central Florida Property Claims and engineering report prepared by Interactive Engineering, Inc. 12. Any and all photographs or videos which show the damaged area, prior to the date of the loss. RESPONSE: None in Plaintiffs’ possession, custody or control. 13.All engineer, or expert reports in support of the claim that the property has sustained damage as a result of the alleged loss. RESPONSE: See attached engineering report prepared by Interactive Engineering, Inc. Expert documentation will be provided pursuant to trial order. 14.Any and all documents prepared by third parties who inspected or evaluated the property and/or the damages as a result of the alleged loss. RESPONSE: See attached invoices prepared by Isles Pool Service and Interactive Engineering, Inc., repair contracts prepared by City Roofing & Remodeling and Happy Home Services, engineering report prepared by Interactive Engineering, Inc., and estimate prepared by Central Florida Property Claims. 15.All documents evidencing your efforts to protect the property from further damage. RESPONSE: See attached invoices prepared by Isles Pool Service and Interactive Engineering, Inc. and repair contracts prepared by City Roofing & Remodeling and Happy Home Services. 16.All maintenance and/or repair records for the property from the date of loss through the present. RESPONSE: See attached invoices prepared by Isles Pool Service and Interactive Engineering, Inc. and repair contracts prepared by City Roofing & Remodeling and Happy Home Services. 17.All documents relating to any prior insurance claims at the property, including, but not limited to: proofs of loss; any repair receipts; estimates; photographs; invoices; evidences of payments; and/or evidences of settlement. RESPONSE: None in Plaintiffs’ possession, custody or control. 18.All documents relating to any other losses at the property occurring prior to or subsequent to the date of loss, including, but not limited to: proofs of loss; any repair receipts; estimates; photographs; invoices; evidences of payments; and/or evidences of settlement. RESPONSE: None in Plaintiffs’ possession, custody or control. 19. Copies of all telephone records (land line and/or cellular) evidencing incoming and outgoing calls for all adults residing at the Property encompassing the 30 days prior to the alleged date of loss through 30 days after the alleged date of loss. RESPONSE: Objection, relevance. 20. All documents in your possession relating to the loss alleged in the Complaint that were not previously produced in response to the above requests. RESPONSE: See attached. 21.Copies of any liens, sales contracts, disclosure reports, inspection reports, appraisal reports and/or other documents relative to your purchase or acquisition of the Property. RESPONSE: None in Plaintiffs’ possession, custody or control. 22.A copy of any and all lease agreements, rental agreements, contracts or other documents with any tenant or tenant(s) residing at the Property from the two years prior to the alleged loss through the current date. RESPONSE: None in Plaintiffs’ possession, custody or control. 23.Copies of any and all documents created as part of the home inspection report from your purchase of the subject property, including, but not limited to all inspection reports, 4-point inspection reports, appraisal reports, photographs and videos in their native format. RESPONSE: None in Plaintiffs’ possession, custody or control. 24.Copies of any documentation evidencing repairs and/or renovations at the Property that occurred during the five (5) years prior to the alleged loss. RESPONSE: None in Plaintiffs’ possession, custody or control. 25.Copies of any checks (front and back) for any repairs made to the property as a result of this claim. RESPONSE: None in Plaintiffs’ possession, custody or control. 26.Copies of any policies of homeowners’ insurance which cover damage caused by flood. RESPONSE: None in Plaintiffs’ possession, custody or control. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing was filed via the Florida E-Portal and email, which will be electronically served a copy to: all parties of record at the designated email address registered with the e-portal on the date identified on the e-filing. BOLTZ LEGAL 1221 E. Broadway St., Suite 1011 Oviedo, FL 32765 Telephone: (386) 868-5848 Fax: (386) 868-5847 ATTORNEY FOR PLAINTIFF Primary: brookeboltz@boltzlegal.com Secondary: eservice@boltzlegal.com /s/_BROOKE BOLTZ BROOKE BOLTZ, ESQUIRE Florida Bar No.: 54035