Summons: Phanes Joissaint, et al Plaintiff vs. Citizens Property Insurance Corporation Defendant

On May 06, 2021 a Summons was filed involving a dispute between Joissaint, Andrelie, Joissaint, Phanes, and Citizens Property Insurance Corporation, for 3 in the District Court of Broward County.

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Filing # 126906311 E-Filed 05/17/2021 10:15:31 AM
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‘mer FIVANCIAL OFFICER
JIMM‘SIATEOF FLORIDA
.ONIS

ANDRELIE AND PHANES JOISSAINT
CASE #: CACE-21-009224 (02)
COURT: 17TH JUDICIAL CIRCUIT
COUNTY: BROWARD
PLAINTIFF(S) DFS-SOP #: 21-000209292

VS.

CITIZENS PROPERTY INSURANCE,
CORPORATION

DEFENDANT(S)
/
SUMMONS, COMPLAINT, DISCOVERY, COVER SHEET, E-MAIL DESIGNATION

NOTICE OF SERVICE OF PROCESS
NOTICE IS HEREBY GIVEN of acceptance of Service of Process by the Chief Financial Officer of the
State of Florida. Said process was received in my office by ELECTRONIC DELIVERY on Monday,
May 10, 2021 and a copy was forwarded by ELECTRONIC DELIVERY on Thursday, May 13, 2021 to
the designated agent for the named entity as shown below.

CITIZENS PROPERTY INSURANCE CORPORATION
ALLISON BEGLEY
301 W. BAY STREET
JACKSONVILLE, FL 32202

*Our office will only serve the initial process(Summons and Complaint) or Subpoena and is not responsible
for transmittal of any subsequent filings, pleadings, or documents unless otherwise ordered by the Court
pursuant to Florida Rules of Civil Procedure, Rule #1.080

pm
Jimmy Patronis
Chief Financial Officer

ERIK D DIENER
PARTNER
THE DIENER FIRM.P.A.
8751 WEST BROWARD BOULEVARD
SUITE 404 Du
PLANTATION, FL 33324

*** FILED: BROWARD
COURIY ECAR BAS, “al FORKEA t EIS
llahassee. RRIS) 17/0021 JO 5:31
AM.###*
Case Number: CACE-21-009224 Division: 02
Filing # 126274745 E-Filed 05/06/2021 09:37:31 AM
IN THE CIRCUIT COURT FOR THE 17"!
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA

CASE NO.:
ANDRELIE and PHANES JOISSAINT, JUDGE:

Plaintiff,
Vv.

CITIZENS PROPERTY INSURANCE
CORPORATION,

Defendant.
/

CIVIL SUMMONS
THE STATE OF FLORIDA:

YOU ARE HEREBY COMMANDED to serve this Summons and a copy of the Cover Sheet,
er Complaint, Notice of Service of Interrogatories, Request for Production, and Notice of E/Mail
zc Designation in this action on Defendant:
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ate
Dawn Citizens Property Insurance Corporation
“os By serving: c/o Florida Chief Financial Officer as RA
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Ee Service of Process Section
Ls Department of Financial Services
mob
ee Post Office Box 6200
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Tallahassee, Florida 32314-6200
co
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Sot
EUS Each Defendant is required to serve written defenses to the complaint or petition on Plaintiff=s
Po 8751 W. Broward Boulevard, Suite 404, Plantation, FL 33324
uaos
Ors
wuNns
“eo within twenty (20) days after service of this Summons on that Defendant, exclusive of the day of
service, and to file the original of the defenses with the Clerk of this Court either before service
on Plaintiff=s attorney or immediately thereafter. If a Defendant fails to do so, a default will be
entered against that Defendant for the relief demanded in the complaint or petition.

DATED ON , 2021.
Brenda Teed
MAY 10 2021 as Cle of said Court,
5h
by:
ery
hy
BRENDA D. FORMAN

#** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/06/2021 09:37:28 AM.**##*
Filing # 126274745 E-Filed 05/06/2021 09:37:31 AM

IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA

ANDRELIE and PHANES JOISSAINT, CASE NO:

Plaintiffs,

vs.

CITIZENS PROPERTY INSURANCE
CORPORATION,

Defendant.
/

COMPLAINT

COMES NOW the Plaintiffs, ANDRELIE JOISSAINT and PHANES JOISSAINT, by

and through their undersigned counsel and hereby file this Complaint against the Defendant,

CITIZENS PROPERTY INSURANCE CORPORATION, and as grounds therefore states as

follows:

1 That this is an action for damages in excess of THIRTY THOUSAND DOLLARS

and NO CENTS ($30,000.00), exclusive of interest, attorney fees and costs, and is otherwise

within the jurisdictional limits of this Court.

2. That at all times material hereto the Defendant was an insurance company

authorized to do business in the State of Florida and doing business in Broward County, Florida.

3 That at all times material hereto the Plaintiffs owned property located in Broward

County, Florida, and is otherwise sui juris.

4 That at all times material hereto, Plaintiffs and Defendant had a policy of

insurance, Policy No. 00948903, on Plaintiffs’ property at 5360 NE 9" Terrace, Pompano Beach,

Florida, which afforded various types of coverages including coverage for damage to dwelling,
other structures, personal property, and for loss of use. Plaintiffs are not in possession of a copy

of the policy but believe one to be in possession of Defendant.

5 On or about May 24, 2020, the above described property was damaged as the

result of a windstorm resulting in damage to the insured property.

6. As a result of this incident, the Plaintiffs have suffered damage to the building on

the subject property, damage to contents, and loss of use of the property and possessions therein.

7 The Plaintiffs have furnished the Defendant with timely notice of the loss, proof

of claim and has otherwise performed all conditions precedent to recover under the policy and

under the applicable Florida Statutes, but the Defendant has refused and continues to refuse to

pay either part or all of the Plaintiffs’s claims.

COUNT I—- BREACH OF CONTRACT

Plaintiffs readopt and reallege Paragraphs 1 through 7 above as if fully stated herein, and

further alleges as follows:

8 That the Defendant’s denial of coverage and/or refusal to pay the full amount of

the claim was contrary to the terms of the policy and/or Florida law and was a breach of said

contract of insurance.

9 The Plaintiffs has been damaged by the Defendant’s breach of said contract of

insurance by having not been compensated for the damage sustained to the building on the

subject property, damage to contents, and loss of use of the property and possessions taken from

therein.

10. That as a direct and proximate result of the Defendant’s refusal to pay the

Plaintiffs’s claim, the Plaintiffs have been required to retain the services of the undersigned
attomeys to represent and protect the Plaintiffs’ interests and Plaintiffs has become obliged to

pay them a reasonable fee for their services in bringing this action.

11. In the event that the Plaintiffs prevail in this action, Plaintiffs are entitled to an

award of attorney fees and costs pursuant to Florida Statute Section 627.428 or other Florida law.

WHEREFORE, the Plaintiffs, PHANES JOISSAINT, demands judgment against the

Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, for damages including but

not limited to damage to the building, contents, loss of use, interest allowed by law, and

reasonable attorney fees and costs pursuant to Florida Statute Section 627.428 or other Florida

law, and the Plaintiffs demand trial by jury of all issues triable as a matter of right by jury.

COUNT II
PETITION FOR DECLARATORY RELIEF

Plaintiffs reallege and readopt Paragraphs 1 through 7 as if fully set forth herein and sues

the Defendant for declaratory relief pursuant to Chapter 86 of the Florida Statutes and further

states as follows:

12. The above insurance policy between Plaintiffs and Defendant provides

comprehensive coverage for damages as a result of losses to property.

13. Pursuant to Chapter 86 of Florida Statutes, the Plaintiffs request this Court to take

jurisdiction over this action and determine the Plaintiffs’ rights under said policy.

14. The Plaintiffs furnished timely notice of a covered loss and otherwise performed

all conditions precedent to recover under the policy and under the applicable Florida Statutes.

15. Defendant refused and continues to refuse to pay the full amount of Plaintiffs’

claim.
16. The Plaintiffs believe, but are in doubt, that the Plaintiffs are entitled to full

coverage under said policy, including but not limited to, coverage for damage to the building on

the subject property, its contents, and its loss of use.

17. That as a direct and proximate result of the Defendant’s refusal to pay the

Plaintiffs’ claims, the Plaintiffs have been required to retain the services of the undersigned

attorneys to represent and protect the Plaintiffs’ interest and Plaintiffs have become obligated to

pay them a reasonable fee for their services in bringing this action.

18. Tn the event that the Plaintiffs prevail in this action, Plaintiffs are entitled to an

award of attorney fees and costs pursuant to Florida Statute Section 627.428 or other Florida law.

WHEREFORE, Plaintiffs hereby demand judgment against Defendant and the

following:

a. that the Court take jurisdiction over the parties and the subject matter of

this action;

b that the Court determine the rights and duties of the parties under said

insurance policy;

Cc. that this Court enter an Order determining that the subject policy was in

full force and effect at the time of the loss;

d that the Court enter an Order determining that the damages suffered by

Plaintiffs are not excluded under the policy insurance.

e. that the Court enter an Order determining that the Plaintiffs complied with

all requirements under the policy and is entitled to full coverage for all damages under said

policy, including but not limited to coverage for the full amount of loss including damage to the

building on the subject property, contents, and loss of use;
f. that the Court award the Plaintiffs attorney fees pursuant to Florida Statute

Section 627.428 or other Florida law, prejudgment interest, and costs; and

g that the Court enter any other relief that it deems just and proper.

DEMAND FOR JURY TRIAL

The Plaintiffs further demand a trial by jury of all issues so triable as a matter of right.

Dated this 5" day of May, 2021.

By: //L. Dick Ducheine
L. DICK DUCHEINE
FBN: 54913
The Diener Firm, P.A.
8751 W. Broward Boulevard
Suite 404
Plantation, FL 33324
Telephone: (954) 541-2117
Facsimile: (954) 541-2195
Service: service@dienerfirm.com
Filing # 126274745 E-Filed 05/06/2021 09:37:31 AM

FORM 1.997. CIVIL COVER SHEET

The civil cover sheet and the information contained in it neither replace nor supplement the filing
and service of pleadings or other documents as required by law. This form must be filed by the
plaintiff or petitioner with the Clerk of Court for the purpose of reporting uniform data pursuant
to section 25.075, Florida Statutes. (See instructions for completion.)

I CASE STYLE

IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT,
IN AND FOR BROWARD COUNTY, FLORIDA

ANDRELIE JOISSAINT, PHANES JOISSAINT
Plaintiff Case #
Judge
vs.
CITIZENS PROPERTY INSURANCE CORPORATION
Defendant

Il. AMOUNT OF CLAIM
Please indicate the estimated amount of the claim, rounded to the nearest dollar. The estimated amount of
the claim is requested for data collection and clerical processing purposes only. The amount of the claim
shall not be used for any other purpose.

OD $8,000 or less
$8,001 - $30,000
$30,001- $50,000
1 $50,001- $75,000
$75,001 - $100,000
Oi over $100,000.00

Til. TYPE OF CASE (If the case fits more than one type of case, select the most
definitive category.) If the most descriptive label is a subcategory (is indented under a broader
category), place an x on both the main category and subcategory lines.

-l-
CIRCUIT CIVIL

O Condominium
CO Contracts and indebtedness
CO Eminent domain
CO Auto negligence
0 Negligence—other
C Business governance
CO Business torts
CO Environmental/Toxic tort
O Third party indemnification
CO Construction defect
C Mass tort
O Negligent security
CO Nursing home negligence
O Premises liability—commercial
O Premises liability—residential
© Products liability
C Real Property/Mortgage foreclosure
O Commercial foreclosure
C Homestead residential foreclosure
O Non-homestead residential foreclosure
O Other real property actions

OProfessional malpractice
0 Malpractice—business
O Malpractice—medical
O Malpractice—other professional
& Other
C Antitrust/Trade regulation
CO Business transactions
O Constitutional challenge—statute or ordinance
C Constitutional challenge—proposed amendment
CO Corporate trusts
O Discrimination—employment or other
Insurance claims
C Intellectual property
CO Libel/Slander
CO Shareholder derivative action
O Securities litigation
CO Trade secrets
O Trust litigation

COUNTY CIVIL

O Small Claims up to $8,000
O Civil
CO Real property/Mortgage foreclosure
-2-
O Replevins
O Evictions
O Residential Evictions
O Non-residential Evictions
O Other civil (non-monetary)

COMPLEX BUSINESS COURT

This action is appropriate for assignment to Complex Business Court as delineated and mandated by the
Administrative Order. Yes 1 No X

Iv. REMEDIES SOUGHT (check all that apply):
& Monetary;
Nonmonetary declaratory or injunctive relief;
O Punitive

Vv. NUMBER OF CAUSES OF ACTION: [ ]
(Specify)
&2

VI. IS THIS CASE A CLASS ACTION LAWSUIT?
0 yes
& no

Vil. HAS NOTICE OF ANY KNOWN RELATED CASE BEEN FILED?
& no
O yes If “yes,” list all related cases by name, case number, and court.

Vil. IS JURY TRIAL DEMANDED IN COMPLAINT?
& yes
O no

ICERTIFY that the information I have provided in this cover sheet is accurate to the best of
my knowledge and belief, and that I have read and will comply with the requirements of
Florida Rule of Judicial Administration 2.425.

Signature: s/ Erik D. Diener Fla. Bar # 13410
Attorney or party (Bar # if attorney)

Erik D. Diener 05/06/2021
(type or print name) Date

-3-
Filing # 126274745 E-Filed 05/06/2021 09:37:31 AM

IN THE CIRCUIT COURT OF THE 17th
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA

ANDRELIE and PHANES JOISSAINT, CASE NO.

Plaintiffs,

vs.

CITIZENS PROPERTY INSURANCE
CORPORATION,

Defendant.
/

NOTICE DESIGNATING EMAIL ADDRESS FOR SERVICE OF COURT

THE DIENER FIRM, P.A., and the undersigned attorneys, hereby designate the
following email address for use pursuant to the Florida Rule of Judicial Administration 2.516:

Service@dienerfirm.com Ldducheine@dienerfirm.com Rebecca@dienerfirm.com

CERTIFICATE OF SERVICE

WE HEREBY CERTIFY that a true and correct copy of the foregoing was served upon
Defendant in this action along with the Summons and Complaint.

THE DIENER FIRM, P.A.
Attorneys for Plaintiff
8751 W. Broward Boulevard, Suite 404
Plantation, Florida 33324
Telephone: (954) 541-2117
Facsimile: (954) 541-2195
E-Mail: service@dienerfirm.com

By: /s/ LD. Ducheine
L. D. DUCHEINE, ESQ.
Florida Bar No.: 54913
Filing # 126274745 E-Filed 05/06/2021 09:37:31 AM

IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA

ANDRELIE JOISSAINT and, CASE NO:
PHANES JOISSAINT

Plaintiff,

vs.

CITIZENS PROPERTY INSURANCE
CORPORATION,

Defendant.
/

PLAINTIFF’ REQUEST FOR PRODUCTION TO DEFENDANT

The Plaintiffs, ANDRELIE and PHANES JOISSAINT, pursuant to Rule 1.350, Florida

Rules of Civil Procedure, propound this Request for Production to Defendant, CITIZENS

PROPERTY INSURANCE CORPORATION, to produce the items and materials hereinafter set

forth on or before the applicable time prescribed by said rule for inspection and/or copying at the

office of the undersigned attorney, the following items and/or documents:

DEFINITIONS

“You” “your”
1 and means CITIZENS PROPERTY INSURANCE

CORPORATION, its employees, representatives, agents and assigns.

2. “Tnsured” means ANDRELIE AND PHANES JOISSAINT, her representatives,

agents and assigns.

3 “CITIZENS” means Defendant, CITIZENS PROPERTY INSURANCE

CORPORATION, its employees, representatives, agents and assigns.

4 The term “documents” means writings, letters, telegrams, notes, memoranda,

recorded collections of conferences or telephone conversations, reports, studies, lists, any written
compilation of data, bills, invoices, records, papers, books, contracts, drawings, photographs,

blue prints, floor plans, animation, models, schematics, maps, videotape, mechanical or

electronic recordings in any form, and all other identifiable objects upon which any inscription,

handwriting, typing, printing, drawing, representation by any means, whether magnetic,

electrical, photostatic, or any other form of communication is recorded, reproduced, perpetuated,

maintained, or preserved.

5 The term “communications” means any transmission of information by any

means, including, without limitation, by spoken language, electronic transmission of data or any

other means. The term “communications” shall include, without limitation, any copies of written

information received by the person or entity responding to this request, even if such person or

entity is not the primary or direct addressee of such information.

6. The terms “relating to” mean referencing, demonstrating, concerning, showing,

disclosing, averting to, memorializing, comprising, describing, evidencing, supporting, refuting

or constituting.
7
The term “property” means the property located at 5360 NE 9** Terrace, Pompano

Beach, Florida .

8 The term “insurance claim” refers to CITIZENS PROPERTY INSURANCE

CORPORATION claim number 001 — 00 - 234029.

9 The term “insurance policy” refers to CITIZENS PROPERTY INSURANCE

CORPORATION policy 00948903.

REQUEST FOR PRODUCTION

1 A true and correct copy of any and all internal procedures, guidelines, training

materials and treatises utilized by Defendant at the time of loss alleged in Plaintiff’ Complaint
concerning the proper techniques, procedures, services and materials that should be employed for

remodeling, construction, renovation, repair and rebuilding following a loss to a residential

property.

2. A true and correct copy of any and all internal procedures, guidelines, training

materials and treatises utilized by Defendant at the time of loss alleged in Plaintiff’ Complaint

concerning the reasonable and customary prices for remodeling, construction, renovation, repair

and rebuilding in Broward County, Florida.

3 All documents used or consulted in answering Plaintiff Interrogatories to

Defendant.

4 All documents identified or referenced in your answers to Plaintiff

Interrogatories to Defendant.

5 All documents relating to your answers to Plaintiff’ Interrogatories to Defendant.

6. Provide a copy of a privilege log containing any and all documents that you are

withholding due to attorney/client privilege, work product doctrine, or any other claimed

privilege.

7 All documents and communications relating to payment to adjusters, engineers,

consultants, construction experts, inspectors, experts of any kind, repair personnel and/or

contractors in connection with the insurance claim or the prosecution of this action.

8 All documents and communications relating to monies owed to adjusters,

engineers, consultants, construction experts, inspectors, experts of any kind, repair personnel

and/or contractors in connection with the insurance claim or the prosecution of this action.

9. All documents and communications relating to disbursement of funds to public

adjusters, engineers, consultants, construction experts, inspectors, experts of any kind, repair
personnel and/or contractors in connection with the insurance claim or the prosecution of this

action.

10. All documents and communications relating to the qualifications of any expert

you anticipate calling at trial.

11. All documents and communications generated by any expert you have retained or

consulted with in connection with the insurance claim, as well as any documents and

communications he/she/they may have relied upon to form an opinion relating to the insurance

claim.

12. All documents and communications between you and:

a. Plaintiff and Insured relating to the property which constitutes the basis of this
lawsuit, the alleged loss which constitutes the basis of this lawsuit, insurance
coverage and/or the insurance claim which constitutes the basis of this
lawsuit;

Your agents relating to the property which constitutes the basis of this lawsuit,
the alleged loss which constitutes the basis of this lawsuit, insurance coverage
and/or the insurance claim which constitutes the basis of this lawsuit;

Adjusters, engineers, consultants, construction experts, inspectors, experts of
any kind, repair personnel and/or contractors relating to the property which
constitutes the basis of this lawsuit, the alleged loss which constitutes the
basis of this lawsuit, insurance coverage and/or the insurance claim which
constitutes the basis of this lawsuit;

13. All documents and communications relating to insurance claims, other than the

insurance claim which constitutes the basis for this lawsuit, made for damage to the property,

past or present, wherever located.

14. All licenses and credentials of any adjuster, engineers, consultants, construction

experts, inspectors, experts of any kind, repair personnel or contractors who participated in the

evaluation of the property for this insurance claim.
15. All documents and communications relating to the insurance policy which is the

subject of this lawsuit.

16. All documents and communications which constitute or interpret the terms of the

policy which is the subject of this lawsuit.

17. All documents and communications relating to any expert who may testify in this

lawsuit.

18. All documents and communications which support decisions of CITIZENS

relating to this lawsuit and/or the insurance claim.

19. All documents and communications relating to any investigation concerning the

property which is the subject of this lawsuit.

20. All documents and communications which refute decisions of CITIZENS relating

to this lawsuit and/or the insurance claim.

21. Your complete paper and electronic files, including the covers, relating to the

insurance claim.

22. All documents and communications relating to the subject matter of this lawsuit

(this request does not seek any items which are protected by the attorney-client privilege or the

work product doctrine).

23. All documents and communications relating to any investigation concerning the

property which is the subject of this lawsuit.

24. All documents and communications relating to tests and test results concerning

the property which is the subject of this lawsuit.

25. All documents and communications relating to inspections conceming the

property which is the subject of this lawsuit.
26. All documents and communications relating to manuals, bulletins, memoranda or

directives which were supplied, produced, generated, referenced, utilized, referred,

recommended, cited or used by CITIZENS.

27. All documents and communications relating to marketing information, sales

information or advertising data concerning the insurance policy which constitutes the basis for

this lawsuit.

28. All documents and communications relating to CITIZENS claim kits, claims

processing manuals, or manuals on claims procedures and operations.

29. All documents and communications relating to training materials and other

documents used to teach agents or brokers how to advertise, promote and sell the policy which is

the subject of this lawsuit.

30. All documents and communications relating to promotional or advertising

materials concerning CITIZENS.

31. All documents and communications relating to an agreement you have made, or

someone on your behalf has made, with anyone in connection with this lawsuit.

32. All documents and communications relating to contracts or retainers with

individuals or entities hired by you in connection with the insurance claim which constitutes the

subject of this lawsuit.

33 All documents relied upon in presenting the defense in this lawsuit.

34. All photographs and videotapes relating to the claimed damage.

35 The entire personnel file of your adjuster handling the insurance claim.

36. All evidence you have demonstrating that a policy exclusion under the insurance

policy is applicable to the insurance claim which is the subject of this lawsuit.
37. All documentation that you have to substantiate the reasons why Plaintiff’ invoice

is not compensable in conjunction under the insurance which is the subject of this lawsuit.

38. Defendant’s unredacted claim file in conjunction with the insurance claim which

is the subject of this lawsuit.

39. Defendant’s unredacted underwriting file in conjunction with the insurance policy

which is the subject of this lawsuit.

40. All 1099s since 2015 that were issued by CITIZENS to anyone who has provided

any services to or anyone acting on behalf of CITIZENS in conjunction with the insurance claim

which is the subject of this lawsuit.

41. Any and all documentation, reports, estimates, including color photographs

concerning prior claims or site inspections at the property which is the subject of this lawsuit.

42. Any and all records, documents, photographs (if the photographs exist in digital

format to then be produced digitally), or other tangible evidence that supports any contention

contained in your pleadings filed in this case. See Grinnel Corp. v. Palms 2100 Ocean Blvd., 924

So. 2d 887 (Fla. 4" DCA 2006).
43. A copy of any and all statement, recorded statements, testimonials, reports and

Examination Under Oaths that were taken, obtained, or otherwise received in conjunction with

the insurance claim.

44. Any and all documentation you relied on to deny, delay, withhold, limit and/or

minimize payment of benefits in conjunction with the insurance claim which is the subject of this

lawsuit.

45. Any and all documentation you will rely on in this case to deny, delay, withhold,

limit and/or minimize the relief being sought by Plaintiff in its Complaint.
46. A true and correct copy of the insurance policy which is the subject of this

lawsuit.

CERTIFICATE OF SERVICE

Thereby certify that a copy of the foregoing was served upon the Defendant in this action

along with the Summons and Complaint.

By. /s/ L. Dick Ducheine
L. DICK DUCHEINE
FBN: 54913
The Diener Firm, P.A.
8751 W. Broward Boulevard
Suite 404
Plantation, FL 33324
Telephone: (954) 541-2117
Facsimile: (954) 541-2195
Service: service@dienerfirm.com
Filing # 126274745 E-Filed 05/06/2021 09:37:31 AM

IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA

ANDRELIE JOISSAINT and, CASE NO:
PHANES JOISSAINT

Plaintiff,

vs.

CITIZENS PROPERTY INSURANCE
CORPORATION,

Defendant.
/

PLAINTIFF’S NOTICE OF SERVICE OF
FIRST INTERROGATORIES TO DEFENDANT

Pursuant to Rule 1.340, Florida Rules of Civil Procedure, the Plaintiff, ANDRELIE and

PHANES JOISSAINT, by and through the undersigned counsel, propound the following First

Interrogatories on the Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, to

be answered in writing, under oath, within the time allowed in accordance with the Florida Rules

of Civil Procedure.

CERTIFICATE OF SERVICE

Thereby certify that a copy of the foregoing was served upon the Defendant in this action

along with the Summons and Complaint.

“You” “your”
1 and means CITIZENS PROPERTY INSURANCE
CORPORATION, its employees, representatives, agents and assigns.
2. “Tnsured” means ANDRELIE AND PHANES JOISSAINT, their representatives,
agents and assigns.
3 “CITIZENS” means Defendant, CITIZENS PROPERTY INSURANCE
CORPORATION, its employees, representatives, agents and assigns.
4 The term “documents” means writings, letters, telegrams, notes, memoranda,
recorded collections of conferences or telephone conversations, reports, studies, lists, any written
compilation of data, bills, invoices, records, papers, books, contracts, drawings, photographs,
blue prints, floor plans, animation, models, schematics, maps, videotape, mechanical or
electronic recordings in any form, and all other identifiable objects upon which any inscription,
handwriting, typing, printing, drawing, representation by any means, whether magnetic,
electrical, photostatic, or any other form of communication is recorded, reproduced, perpetuated,
maintained, or preserved.
5 The term “communications” means any transmission of information by any
means, including, without limitation, by spoken language, electronic transmission of data or any
other means. The term “communications” shall include, without limitation, any copies of written
information received by the person or entity responding to this request, even if such person or
entity is not the primary or direct addressee of such information.
6. The terms “relating to” mean referencing, demonstrating, concerning, showing,
disclosing, averting to, memorializing, comprising, describing, evidencing, supporting, refuting
or constituting.
7 The term “property” means the property located at 5360 NE 9" Terrace, Pompano
Beach, Florida 33064.
8 The term “insurance claim” refers to CITIZENS PROPERTY INSURANCE
CORPORATION claim number _iii29.
9 The term “insurance policy” refers to CITIZENS PROPERTY INSURANCE
CORPORATION policy 00948903.
FIRST INTERROGATORIES TO DEFENDANT,
CITIZENS PROPERTY INSURANCE CORPORATION

1 What is your name and your official position or relationship with the party to whom the
interrogatories are directed?

2. Provide a detailed factual basis for each denial in your response to Plaintiff’ Complaint.
Include the name, title, occupation, address and telephone number of any person with knowledge,
and identify all documents and communications, relating to the denial. As to each person listed,
provide a summary of his or her knowledge, including the basis of it.

3 If affirmative defenses are filed in response to Plaintiff’ Complaint, please identify each
affirmative defense separately and state with specificity the following for each affirmative
defense:

(a) Identify in detail all facts that support the affirmative defense;

(b) Identify in detail all evidence that supports the affirmative defense;

(d) Identify in detail any documentation that supports the affirmative defense.
4 If you contend that the Insured, or anyone on his behalf, failed to fully and completely
satisfy all post-loss obligations under the subject insurance policy, pursuant to CITIZENS
request or otherwise, describe, in detail, all such non-compliance. Include the name, title,
occupation, address and telephone number of any person with knowledge, and identify all
documents and communications, relating to the purported compliance. As to each person listed,
include a summary of his or her knowledge, including the basis of it.

5 Tf you contend that CITIZENS was prejudiced by noncompliance with policy conditions,
detail your contentions. Include the name, title, occupation, address and telephone number of any
person with knowledge, and identify all documents and communications, relating to the
response. As to each person listed, include a summary of his or her knowledge, including the
basis of it.

6. Detail all inspections at the property. Be sure to identify the scope and purpose of the
inspection(s); whether or not reports were prepared; whether or not photographs or videotapes
were taken; and, the custodian of such reports, photographs, and/or videotapes. Include the name,
title, occupation, address and telephone number of any person with knowledge, and identify all
documents and communications, relating to the response. As to each person listed, include a
summary of his or her knowledge, including the basis of it.

7 Please identify all tests and evaluations that were performed by you and your agents and
representatives when conducting their investigation into the insurance claim which is the subject
of this lawsuit.

8 List each payment made by you relating to the subject insurance claim, the property,
and/or the lawsuit. Include the identity of the individual/entity payment was made to, the date the
payment was issued, the amount of the payment, and the reason for the payment. Include the
name, title, occupation, address and telephone number of any person with knowledge, and
identify all documents and communications, relating to the payment(s). As to each person listed,
include a summary of his or her knowledge, including the basis of it.

9 For any coverage exclusion under CITIZENS insurance policy that Defendant believes
are applicable to the insurance claim which is the subject of this lawsuit, please state with
specificity:

(a) The specific exclusion separately;
(b) Identify in detail all facts that supports the specific exclusions applicability to the
insurance claim which is the subject of this lawsuit;

(©) Identify in detail all evidence that supports the specific exclusions applicability to
insurance claim which is the subject of this lawsuit;

(d) Identify the exact date the act, omission and/or event which triggers the exclusions
applicability began occurring at property which is the subject of this lawsuit. If you do
not know the specific date the act, omission and/or event began to occur, please indicate
such.

(©) Identify all measures the Insured was required to take and when to be in compliance with
the insurance policy in conjunction with the specific policy exclusion.

10. Please state whether CITIZENS completed its investigation into the insurance claim
which is the subject of this lawsuit.

11. Please state whether CITIZENS made a coverage determination the insurance claim
which is the subject of this lawsuit. Please state whether Defendant is conceding to coverage for
the loss which is the subject the insurance claim which is the subject of this lawsuit.
12. Please provide a list of the names and current addresses of any and all individuals
employed by or agents of the Defendant who were in any way involved with the handling of the
insurance claim, including those individuals who inspected, photographed or otherwise visited
the subject property for any purpose after the subject date of loss but prior to the commencement
of this litigation. Please also provide a short statement of the person’s knowledge and
involvement.

13. Please identify all damages that Plaintiff are seeking in relation to the insurance claim that
Defendant believes are unnecessary, excessive or unrelated to the reported loss. For each item of
damage Plaintiff are seeking that Defendant believes is unnecessary, excessive or unrelated to
the reported loss, please:

(a) Identify the specific damage(s) Defendant believes are unnecessary, excessive or
unrelated to the reported loss;

(b) Identify in detail all facts and evidence that support Defendant’s assertion that the
damages(s) are unnecessary, excessive or unrelated to the reported loss;

(c) Identify in detail what Defendant believes the appropriate cost should be and the basis for
this assertion.
14. Please state the date CITIZENS anticipated litigation in conjunction with the insurance
claim which is the subject of the lawsuit. Please indicate what factors and/or events caused
CITIZENS to anticipate litigation in conjunction with insurance claim which is the subject of the
lawsuit.

15. With regards to any third parties who provided any servicing, analysis, adjusting or
otherwise rendered opinions to you in adjusting this claim, please identify:

(a) The name of the individual who hired the third party on behalf of your company;

(b) The date and nature of services provided by the third party;

(©) Each claim or case where the third party has been retained by the Defendant or counsel
for the Defendant during the last three (3) years;

(d) The amount of money the third party has been paid by you during the last three (3) years;

(e) The last known address for those individuals who personally provided the above services
in conjunction with this claim.
16. With regards to each and every one of the above interrogatories that you are refusing to
answer claiming any privilege, please state:

(a) The privilege upon which the Defendant relies in refusing to answer the Interrogatory; all
facts upon which the Defendant relies in support of the privilege;

(b) The names and addresses of those persons having knowledge concerning the factual basis
for Defendant’s assertion of privilege with regards to the information;

17. If you claim you were unable to pay Plaintiff= claim because you had insufficient
information or the notice of claim did not have sufficient support, state: When you first realized
that you had insufficient information, each and every effort made by you to obtain the needed
information, when you informed the Plaintiff of the need for further information and when you
gave up trying to obtain the needed information.

18. If an appraisal of the subject property or its contents was performed, please state the
items that have been appraised, the amount that each such item was appraised for, the name and
address of any person who performed or contributed to said appraisal, and the date of said
appraisal.
I2 being duly sworn upon oath, state that the foregoing
Answers to Interrogatories are true and correct.

AGENT for CITIZENS PROPERTY INSURANCE
CORPORATION

STATE OF )
)Ss:
COUNTY OF

Case Info

Judge

Bowman, John B. Track Judge’s New Case

Case No.

(Subscribe to View)

Document Filed Date

May 17, 2021

Case Filing Date

May 06, 2021

County

Parties

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