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Filing# 166293465 E-Filed 02/07/2023 12:56:31 PM
INTHE CIRCUIT COURT OF THE 17TH
JUDICIAL COURT IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NUMBER: CACE-22-014295
DURLENE C JEAN-BAPTISTE
F.K.A DURLENE CHARLES AND
GASBY JEAN-BAPTISTE,
Plaintiff(s),
VS.
UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY,
Defendant.
i
PLAINTIFFS' NOTICE OF SERVICE OF
INTERROGATORIES TO DEFENDANT
DURLENE
Plaintiffs, C JEAN-BAPTISTE F.K.A DURLENE CHARLES AND GASBY
JEAN-BAPTISTE, numbered one (1)through
served an originaland one copy of interrogatories
fifteen (15) on Defendant, UNIVERSAL PROPERTY & CASUALTY INSURANCE
COMPANY, to be answered in writingand under oath within thirty(30) days from the date of
service or at such earlier time as shall be ordered by the Court and serve them on all other
parties.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoingwas emailed on this 7 th
day of February 2023 via E-service.
KANDELL, KANDELL, & PETRIE
Attorneys for Plaintiffs
Grand Bay Plaza
2665 Bayshore Drive
S.
Suite 500
Telephone (305)858-2220
Email. Ngroup@kkpfiiirm. com
By: /s/ Nadia Douglas
NADIA DOUGLAS, ESQ.
Fla. Bar No.. 1017075
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 02/07/2023 12:56:30 PM.****
INTHE CIRCUIT COURT OF THE 17TH
JUDICIAL COURT IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NUMBER: CACE-22-014295
DURLENE C JEAN-BAPTISTE
F.K.A DURLENE CHARLES AND
GASBY JEAN-BAPTISTE,
Plaintiff(s),
VS.
UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY,
Defendant.
i
PLAINTIFF'S FIRST INTERROGATORIES TO DEFENDANT
Pursuant to Florida Rules of Civil Procedure 1.280 and 1.340, among others,Plaintiffs,
DURLENE C JEAN-BAPTISTE F.K.A DURLENE CHARLES AND GASBY JEAN-
BAPTISTE the followinginterrogatories
numbered one (1)through fifteen (15)to be answered in
writingand under oath within thirty(30)days of service or at such earlier time as shall be ordered
by the Court and serve them on all other parties:
DEFINITIONS AND INSTRUCTIONS
The followingdefinitions shall apply:
1. "You," or "Your," unless otherwise indicated,shall mean Defendant, or any agent,
of such entityoperating under
employee, or other representative its direct or indirect control,its
and any other person acting on
past or present corporationsor entities, its behalf.
2. "Person" or "Persons" shall mean and shall include, without limitation and in the
singularas well as the plural,natural persons, governmental entities,agencies,commissions,
partnerships, and
firms,jointventures, groups, associations,
corporations, all other organizations,
unless the context specifically
states otherwise.
3 "Describe," or "List" a person
"Identify," shall mean to state the full name, the
present or last known business and residence address (ifapplicable),
telephone number, the job
title and description
ofjob responsibilities of such person.
(ifapplicable)
4. "Document" or "Documents" shall mean writings of every kind and character,
includingpreliminarydrafts and other copies,as well as every other means by which information
is recorded or transmitted and includes,but is not limited to, in the singularas well as in the plural,
the original(or,if available,a copy of the original)
whether prepared by Defendant or by others,
of all memorandum, including written memoranda or telephone conversations, other oral
communications, discussions, agreements, acts, activities,
letters,
facsimiles,telexes,postcards,
telegrams, intra office and interoffice communications, correspondences, handwritten and
typewrittennotes, working papers, pamphlets, diaries,records of every kind, sound recordings,
transcriptsor writings of sound recordings,contracts, agreements, books, letters,reports,
financial statements, books of accounts, journals,ledgers,purchase orders,
catalogues,pricelists,
invoices,indices,data processingcards,computer disks,laser disks, floppy disks,hard disks,hard
drives, computer printouts,other data processing materials, data sheets, tapes, films or
photographs, photostats,microfilms, maps, directives,bulletins,circulars,notices, messages,
reports, tabulations,notes, economic or statistical studies,surveys, polls,minutes, instructions,
requests, cancelled checks, calendars, desk pads, appointment books, scrap books, notebooks,
drawings, diagrams, sketches,bills,schedules, accounts, work papers, accounting
specifications,
charts,audio or video tapes, press releases,newspaper clippings,
advertisements, formal notices,
claims, statements, blueprints,
investigations, test reports, printouts, and each draft
mylars,sepias,
and each non-identical copy thereof,however produced and reproduced and regardlessof location
or originto which Defendant has or has had access. As to Documents not in the possessionof
Defendant, but which Defendant knows to exist,Defendant is requested to identifyany such
document and indicate to the best of its the Document's present or
ability last known location or
custodian.
Pursuant to Florida Rules of Civil Procedure 1.280(b)(5),if Defendant withholds any
information otherwise discoverable by claimingthat it is privilegedor subjectto protectionas trial
preparationmaterial,Defendant shall make the claim expresslyand shall describe the nature ofthe
documents, communications, or things not produced or disclosed in a manner that, without
revealing information itself privilegedor protected,will enable other partiesto assess the
of the privilegeor protection.
applicability
5. "Describe," or "List" a document shall
"Identify," mean to:
(a) State its customary business description;
(b) State its number (ifany) (e.g.invoice or purchase order numbers)
(c) State its date;
(d) Identifythe addressee(s)or rec*ient(s)(ifany)
(e) Identify the addressee(s) or rec*ient(s) (if any), including all persons
provided with copies;
(f) the custodian
Identify if such document, or a copy thereof,is in Defendant's
possession,custody,or control;
(g) Identifyall persons, other than Defendant, that possess, have custody of, or
have control over such document or any copy thereof;
(h) State the substance of the subjectmatter of each document; and
@ In lieu ofproviding information called for by subparagraphs(d)through (h)
above, Defendant may state the time and place that such document(s) will be made available for
inspectionand copying.
6. "Relating to" or "Relates to" is defined to mean concerning,consistingof,
regarding,or in any way connected to the matter.
evidencing,pertainingto, reflecting,
The followinginstructions shall apply:
7. When any privilege, or
qualified absolute,is claimed by Defendant with respect to
any fact or information, Defendant shall state in detail the nature of the privilegedclaim, shall
the person or persons associated with the privilegedfact or information,and shall
identify state the
nature of the fact or information which is being withheld subjectto the claimed privilege.
INTERROGATORIES
1. State the name, business address, business telephone number, and relationshipto
and involvement in this action,and otherwise identifyeach person participating
in the preparation
of answers to these interrogatories.
2. Identify each employee agent, and/or servant of the Defendant who has
communicated with Plaintiffs regardingtheir property damage claim whether in writingor orally
and describe the nature of each communication(s),including,but not limited to, the field adjuster,
investigatorsor experts retained to inspectthe premises, desk examiner.
3 Identifyeach person who had any role whatsoever in investigating, analyzing,
and/or adjustingthe insurance claim made by Plaintiffs, including,but not limited to, the field
adjuster,investigatorsor experts retained to inspect the premises,desk examiner and any in-house
or independent engineers that have assisted you, giving a brief descriptionof each person's
and actions regardingthis matter.
responsibilities
4. State the manner in which the Defendant received the first notice ofthe claim which
arose out of the incident described in the Complaint includingthe identityof the person receiving
such notice.
5. Describe in detail each and every communication which the Defendant has had with
the Plaintiffs after it received the first notice ofthe claim which arose out of the incident described
in the Complaint.
6. State whether a claim file was opened for the incident described in the Complaint
and, if so, state when was opened and to whom it has been assigned at any time. Please further
it
indicate the individual who was ultimatelyresponsiblefor making a coverage decision with regard
to this claim.
7. Describe in detail any and all investigationthe Defendant conducted into the claim
which arose out of the incident described in the Complaint.
8 State each and every basis upon which the Defendant has denied coverage or
claimed defense for the claim which arose out of the incident described in the Complaint.Please
additionallyprovide an explanation or justification for each affirmative defense asserted by
Defendant.
9- Please describe in detail how you contend the damages allegedin the Complaint
occurred, and the reasoning for each contention,including,but not limited to,
a. the start and end date ofthe occurrence(s)which caused the loss,
b. the portionof the dwelling and/or property that was damaged,
C the ultimate cause of the damage
10. ultimatelyresponsiblefor forming the conclusions
Please identifythe individual(s)
and opinionsin interrogatorynumber 9.
11. If the Defendant contends that the coverage because of
Plaintiffs is not entitled to
a failure to comply with any condition of the policy,describe each and every condition, and the
manner in which the Plaintiffs' failure to comply with each such condition has impaired the
Defendant's rights.
12. Please indicate whether payments made to the Plaintiffs are full payments pursuant
to theindependentadjuster's estimate,or whether the estimates were modified. Ifthe latter,please
indicate which individuals modified the estimates produced by the independentadjuster.
13. Identifyall documents by nature (e.g.,letter,memorandum, etc.)date, author,
addressee and rec*ients upon which you relied or referred to in answering or attemptingto answer
any of the above interrogatories.
Identifythe interrogatories to which each such document relates.
14. Prior to assigningthis claim for adjustmentto any person purportingto be or acting
as an independentadjuster, pleaseindicate whether Defendant:
(a) Confirmed the licensure of said individual(s)
as an all-lines adjuster;
(b) Confirmed the appointment of the license of said individual(s)
as an independent
adjuster;
(c) The name of Defendant's employee and/or agent who confirmed the licensure and
appointment;
(d) The manner and method in which Defendant confirmed the licensure and appointment;
(e) The date Defendant confirmed said information;and
(f) Whether Defendant confirms said information priorto assigningeach individual claim,
or whether Defendant confirms each individual once. (Ifthe latter, please indicate
whether Defendant ever performs follow up as to expirationdates of licenses or
appointmentsand/or changes and the manner in which Defendant follows up).
15. Provide the name, address, area of expertiseand qualifications of each expert
retained by you who is expected to testify and with respect to each, provide:
at trial,
(a)the subjectmatter on which he is expected to testify;
(b)the substance of every opinionto which he is expectedto testify;
(c)the facts upon which he bases each opinion;
(d) a list of all documents, treatises and articles consulted by each expert in
reaching his opinion;
(e)the basis and amount of each expert'scompensation; and
(f)the relationsh*,if any, of each expert to the insurance industry.
STATE OF
COUNTY OF
, being sworn, deposes and says the following:
1. I am the of ,
the party in the
above action, and I am the of that corporationfor the purpose of
answering the interrogatories served upon the company by Plaintiffs on
2023, and for making this verification.
2. I and the foregoing answers thereto are true according
have read the interrogatories
to the best of my knowledge, information and belief.
By-
as its
Sworn and subscribed before me this
to dayor ,2023,
by on behalf of who is
personally known to me or who has produced as
identification and states that he/she is the person who answered the foregoinginterrogatories
and
that all the interrogatories were answered truthfullyand completely to the best of his/her
knowledge, information, and belief.
Notary Public
(SEAL) Print Name ofNotary Public
a Notary Public
My Commission Expires.
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Filing# 166293465 E-Filed 02/07/2023 12:56:31 PM INTHE CIRCUIT COURT OF THE 17TH JUDICIAL COURT IN AND FOR BROWARD COUNTY, FLORIDA CASE NUMBER: CACE-22-014295 DURLENE C JEAN-BAPTISTE F.K.A DURLENE CHARLES AND GASBY JEAN-BAPTISTE, Plaintiff(s), VS. UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. i PLAINTIFFS' NOTICE OF SERVICE OF INTERROGATORIES TO DEFENDANT DURLENE Plaintiffs, C JEAN-BAPTISTE F.K.A DURLENE CHARLES AND GASBY JEAN-BAPTISTE, numbered one (1)through served an originaland one copy of interrogatories fifteen (15) on Defendant, UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, to be answered in writingand under oath within thirty(30) days from the date of service or at such earlier time as shall be ordered by the Court and serve them on all other parties. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoingwas emailed on this 7 th day of February 2023 via E-service. KANDELL, KANDELL, & PETRIE Attorneys for Plaintiffs Grand Bay Plaza 2665 Bayshore Drive S. Suite 500 Telephone (305)858-2220 Email. Ngroup@kkpfiiirm. com By: /s/ Nadia Douglas NADIA DOUGLAS, ESQ. Fla. Bar No.. 1017075 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 02/07/2023 12:56:30 PM.**** INTHE CIRCUIT COURT OF THE 17TH JUDICIAL COURT IN AND FOR BROWARD COUNTY, FLORIDA CASE NUMBER: CACE-22-014295 DURLENE C JEAN-BAPTISTE F.K.A DURLENE CHARLES AND GASBY JEAN-BAPTISTE, Plaintiff(s), VS. UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. i PLAINTIFF'S FIRST INTERROGATORIES TO DEFENDANT Pursuant to Florida Rules of Civil Procedure 1.280 and 1.340, among others,Plaintiffs, DURLENE C JEAN-BAPTISTE F.K.A DURLENE CHARLES AND GASBY JEAN- BAPTISTE the followinginterrogatories numbered one (1)through fifteen (15)to be answered in writingand under oath within thirty(30)days of service or at such earlier time as shall be ordered by the Court and serve them on all other parties: DEFINITIONS AND INSTRUCTIONS The followingdefinitions shall apply: 1. "You," or "Your," unless otherwise indicated,shall mean Defendant, or any agent, of such entityoperating under employee, or other representative its direct or indirect control,its and any other person acting on past or present corporationsor entities, its behalf. 2. "Person" or "Persons" shall mean and shall include, without limitation and in the singularas well as the plural,natural persons, governmental entities,agencies,commissions, partnerships, and firms,jointventures, groups, associations, corporations, all other organizations, unless the context specifically states otherwise. 3 "Describe," or "List" a person "Identify," shall mean to state the full name, the present or last known business and residence address (ifapplicable), telephone number, the job title and description ofjob responsibilities of such person. (ifapplicable) 4. "Document" or "Documents" shall mean writings of every kind and character, includingpreliminarydrafts and other copies,as well as every other means by which information is recorded or transmitted and includes,but is not limited to, in the singularas well as in the plural, the original(or,if available,a copy of the original) whether prepared by Defendant or by others, of all memorandum, including written memoranda or telephone conversations, other oral communications, discussions, agreements, acts, activities, letters, facsimiles,telexes,postcards, telegrams, intra office and interoffice communications, correspondences, handwritten and typewrittennotes, working papers, pamphlets, diaries,records of every kind, sound recordings, transcriptsor writings of sound recordings,contracts, agreements, books, letters,reports, financial statements, books of accounts, journals,ledgers,purchase orders, catalogues,pricelists, invoices,indices,data processingcards,computer disks,laser disks, floppy disks,hard disks,hard drives, computer printouts,other data processing materials, data sheets, tapes, films or photographs, photostats,microfilms, maps, directives,bulletins,circulars,notices, messages, reports, tabulations,notes, economic or statistical studies,surveys, polls,minutes, instructions, requests, cancelled checks, calendars, desk pads, appointment books, scrap books, notebooks, drawings, diagrams, sketches,bills,schedules, accounts, work papers, accounting specifications, charts,audio or video tapes, press releases,newspaper clippings, advertisements, formal notices, claims, statements, blueprints, investigations, test reports, printouts, and each draft mylars,sepias, and each non-identical copy thereof,however produced and reproduced and regardlessof location or originto which Defendant has or has had access. As to Documents not in the possessionof Defendant, but which Defendant knows to exist,Defendant is requested to identifyany such document and indicate to the best of its the Document's present or ability last known location or custodian. Pursuant to Florida Rules of Civil Procedure 1.280(b)(5),if Defendant withholds any information otherwise discoverable by claimingthat it is privilegedor subjectto protectionas trial preparationmaterial,Defendant shall make the claim expresslyand shall describe the nature ofthe documents, communications, or things not produced or disclosed in a manner that, without revealing information itself privilegedor protected,will enable other partiesto assess the of the privilegeor protection. applicability 5. "Describe," or "List" a document shall "Identify," mean to: (a) State its customary business description; (b) State its number (ifany) (e.g.invoice or purchase order numbers) (c) State its date; (d) Identifythe addressee(s)or rec*ient(s)(ifany) (e) Identify the addressee(s) or rec*ient(s) (if any), including all persons provided with copies; (f) the custodian Identify if such document, or a copy thereof,is in Defendant's possession,custody,or control; (g) Identifyall persons, other than Defendant, that possess, have custody of, or have control over such document or any copy thereof; (h) State the substance of the subjectmatter of each document; and @ In lieu ofproviding information called for by subparagraphs(d)through (h) above, Defendant may state the time and place that such document(s) will be made available for inspectionand copying. 6. "Relating to" or "Relates to" is defined to mean concerning,consistingof, regarding,or in any way connected to the matter. evidencing,pertainingto, reflecting, The followinginstructions shall apply: 7. When any privilege, or qualified absolute,is claimed by Defendant with respect to any fact or information, Defendant shall state in detail the nature of the privilegedclaim, shall the person or persons associated with the privilegedfact or information,and shall identify state the nature of the fact or information which is being withheld subjectto the claimed privilege. INTERROGATORIES 1. State the name, business address, business telephone number, and relationshipto and involvement in this action,and otherwise identifyeach person participating in the preparation of answers to these interrogatories. 2. Identify each employee agent, and/or servant of the Defendant who has communicated with Plaintiffs regardingtheir property damage claim whether in writingor orally and describe the nature of each communication(s),including,but not limited to, the field adjuster, investigatorsor experts retained to inspectthe premises, desk examiner. 3 Identifyeach person who had any role whatsoever in investigating, analyzing, and/or adjustingthe insurance claim made by Plaintiffs, including,but not limited to, the field adjuster,investigatorsor experts retained to inspect the premises,desk examiner and any in-house or independent engineers that have assisted you, giving a brief descriptionof each person's and actions regardingthis matter. responsibilities 4. State the manner in which the Defendant received the first notice ofthe claim which arose out of the incident described in the Complaint includingthe identityof the person receiving such notice. 5. Describe in detail each and every communication which the Defendant has had with the Plaintiffs after it received the first notice ofthe claim which arose out of the incident described in the Complaint. 6. State whether a claim file was opened for the incident described in the Complaint and, if so, state when was opened and to whom it has been assigned at any time. Please further it indicate the individual who was ultimatelyresponsiblefor making a coverage decision with regard to this claim. 7. Describe in detail any and all investigationthe Defendant conducted into the claim which arose out of the incident described in the Complaint. 8 State each and every basis upon which the Defendant has denied coverage or claimed defense for the claim which arose out of the incident described in the Complaint.Please additionallyprovide an explanation or justification for each affirmative defense asserted by Defendant. 9- Please describe in detail how you contend the damages allegedin the Complaint occurred, and the reasoning for each contention,including,but not limited to, a. the start and end date ofthe occurrence(s)which caused the loss, b. the portionof the dwelling and/or property that was damaged, C the ultimate cause of the damage 10. ultimatelyresponsiblefor forming the conclusions Please identifythe individual(s) and opinionsin interrogatorynumber 9. 11. If the Defendant contends that the coverage because of Plaintiffs is not entitled to a failure to comply with any condition of the policy,describe each and every condition, and the manner in which the Plaintiffs' failure to comply with each such condition has impaired the Defendant's rights. 12. Please indicate whether payments made to the Plaintiffs are full payments pursuant to theindependentadjuster's estimate,or whether the estimates were modified. Ifthe latter,please indicate which individuals modified the estimates produced by the independentadjuster. 13. Identifyall documents by nature (e.g.,letter,memorandum, etc.)date, author, addressee and rec*ients upon which you relied or referred to in answering or attemptingto answer any of the above interrogatories. Identifythe interrogatories to which each such document relates. 14. Prior to assigningthis claim for adjustmentto any person purportingto be or acting as an independentadjuster, pleaseindicate whether Defendant: (a) Confirmed the licensure of said individual(s) as an all-lines adjuster; (b) Confirmed the appointment of the license of said individual(s) as an independent adjuster; (c) The name of Defendant's employee and/or agent who confirmed the licensure and appointment; (d) The manner and method in which Defendant confirmed the licensure and appointment; (e) The date Defendant confirmed said information;and (f) Whether Defendant confirms said information priorto assigningeach individual claim, or whether Defendant confirms each individual once. (Ifthe latter, please indicate whether Defendant ever performs follow up as to expirationdates of licenses or appointmentsand/or changes and the manner in which Defendant follows up). 15. Provide the name, address, area of expertiseand qualifications of each expert retained by you who is expected to testify and with respect to each, provide: at trial, (a)the subjectmatter on which he is expected to testify; (b)the substance of every opinionto which he is expectedto testify; (c)the facts upon which he bases each opinion; (d) a list of all documents, treatises and articles consulted by each expert in reaching his opinion; (e)the basis and amount of each expert'scompensation; and (f)the relationsh*,if any, of each expert to the insurance industry. STATE OF COUNTY OF , being sworn, deposes and says the following: 1. I am the of , the party in the above action, and I am the of that corporationfor the purpose of answering the interrogatories served upon the company by Plaintiffs on 2023, and for making this verification. 2. I and the foregoing answers thereto are true according have read the interrogatories to the best of my knowledge, information and belief. By- as its Sworn and subscribed before me this to dayor ,2023, by on behalf of who is personally known to me or who has produced as identification and states that he/she is the person who answered the foregoinginterrogatories and that all the interrogatories were answered truthfullyand completely to the best of his/her knowledge, information, and belief. Notary Public (SEAL) Print Name ofNotary Public a Notary Public My Commission Expires.