Preview
Filing # 153815305 E-Filed 07/21/2022 03:39:10 PM
IN THE CIRCUIT COURT OF THE
5 JUDICIAL CIRCUIT IN AND
FOR LAKE COUNTY, FLORIDA
CASE NO: 2021-CA-001217
KELLI AND NICHOLAS J. CROFT,
Plaintiff,
Vv.
UNITED PROPERTY & CASUALTY
INSURANCE COMPANY,
Defendant.
/
DEFENDANT’S FIRST REQUEST FOR PRODUCTION TO PLAINTIFF
Defendant, UNITED PROPERTY & CASUALTY INSURANCE COMPANY
(“Defendant”) by and through its undersigned counsel and pursuant to Florida Rule of Civil
Procedure 1.350, hereby files and serves upon the Plaintiffs, DENNIS AND VIRGINIA
RHODES, its First Request for Production in this matter, and requests as follows:
DEFINITIONS AND INSTRUCTIONS
1 The terms "you" or "your" shall mean the Plaintiffs, KELLI CROFT AND
NICHOLAS J. CROFT, and their agents, attorneys, representatives and other persons related to
or acting on their behalf during the relevant time period.
2. The terms “Defendant” shall refer to Defendant, UNITED PROPERTY &
CASUALTY INSURANCE COMPANY (“UPC”) and any officer, director, shareholder,
employee, agent, attorney and/or any other person acting for, on behalf of, or under the authority
or control of Defendant.
3 The terms "Person" or "persons" shall mean all natural persons (individual or
individuals) and entities, including without limitation: corporations, companies, partnerships,
limited partnerships, joint ventures, trusts, estates, associations, public agencies, departments,
bureaus and boards.
4 The terms "relate to" or "relating to" shall mean consists of, refer to, reflect or be
in any way logically or factually connected with the matter discussed, directly or indirectly.
5 The term "document" shall mean any written or graphic matter or other means of
preserving thought or expression, and all tangible things from which information can be processed
Page 1 of 8
FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 07/21/2022 04:01:19 PM.
or transcribed including the originals and all non-identical copies, whether direct from the original
by reason of any notation made on such copy or otherwise, including, without limitation,
correspondence, memoranda, notes, messages, letters, telegrams, teletype, telefax, bulletins,
meetings or other communications, interoffice and intra-office telephone calls, diaries,
chronological data, minute books, reports, charts, ledgers, invoices, lists, worksheets, receipts,
returns, computer printouts, prospectuses, financial statements, income tax returns, balance sheets,
income statements, ledgers, vouchers, invoices, schedules, affidavits, contracts, agreements,
canceled checks, transcripts, statistics, surveys, magazine or newspaper articles, releases, (and any
and all drafts, alterations and modifications, changes and amendments of any of the foregoing),
graphic or aural records or representations of any kind, including, without limitation, photographs,
charts, graphs, microfiche, microfilm, videotape recordings, motion pictures and electronic,
mechanical or electric recordings or representations of any kind (including, without limitation, e-
mail, tapes, cassettes, disks and recordings).
6 The term "documents" shall mean every document or group of documents or
communications as above-defined known to you, and every such document or communication
which can be located or discovered by reasonably diligent efforts.
7
The words "or" and "and" shall be construed disjunctively as well as conjunctively.
The word "all" means "any and all." The word "each" means "each and every." The word "every"
means "each and every."
8 As used herein, the singular shall include the plural, the plural shall include the
singular, and the masculine, feminine, and neuter shall include each of the other genders.
9 The term "identify" when used with reference to a natural person means:
a. The full name and address (or, if the current address is not known, the last
known address) of the person.
The full name and address of each employer, each corporation of which the
person is an officer or director, and each business in which the person is a
principal.
The person's present (or, if the present is not known, the last known)
position and the position or positions at the time of the act to which the
interrogatory answer relates.
Each position the person has ever held with you and the date such positions
were held.
€. Such other information sufficient to provide full identification of the person.
10. The term "identify" when used with reference to any entity other than a natural
person means:
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The full name of the entity, the type of entity (e.g., corporation, partnership,
etc.), the address of its principal place of business, its principal business
activity and, if it is a corporation, the jurisdiction under the laws of which it
has been organized and the date of such organization.
Each of the entity's officers, directors, shareholders, or other principals.
Any other available information concerning the existence or identity of the
entity.
11. The term "Insured Property" shall refer to the property at issue in the
present litigation located at 901 Elm Forest Dr., Minneola, FL 34715.
12. The term “loss” refers to the hurricane loss giving rise to the instant
litigation purportedly occurring on February 1, 2021.
13. The term “Policy” shall refer to the HO3 homeowner's insurance policy
issued by Defendant to Plaintiffs under Policy No. UHV 4267546 04 01, with effective
dates of coverage of July 12, 2020, through July 12, 2021.
14. If any interrogatory is not answered on the basis of a claim of privilege and information
is not provided on the basis of such assertion, please identify the nature of the privilege and
provide in your response or objection sufficient information on the basis of such privilege. When
any privilege is claimed, you shall indicate, as to the information requested, whether (a) any
documents exist, or (b) any oral communications took place.
15. If any document is withheld from identification and/or production hereunder on the
basis of a claim of privilege or otherwise, please set forth in detail the basis of the claim of
privilege and identify the document by indicating:
(a) Its date;
() The author;
(©) The recipient; and
(d) A general characterization of the content of the document (e.g.,
letter, memorandum, report, etc.).
16. You are requested to furnish all information in your possession and all information
available to you, not merely such information as you know of your own personal knowledge, but
also knowledge that is available to you, your representatives, attorneys and agents, by reason of
inquiry, including inquiry of their representatives. This includes knowledge and information which
may be derived or ascertained from documents in your possession, custody, or control. Where the
response to the interrogatory sets forth information that is not based upon your own personal
knowledge, but rather upon the knowledge of your representatives, attorneys and agents, please
indicate in response to that particular interrogatory.
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[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Page 4 of 8
DEFENDA FIRST REQUEST FOR PRODUCTION TO PLAINTIFFS
1 Any and all documents relating to repairs performed in relation to the claims that are
the subject of this litigation, including but not limited to receipts, invoices, permits, estimates,
photographs, checks, bank statements, etc.
2 Any and all documents relating to, reflecting, or evidencing any action taken by you,
or anyone or your behalf, to protect the insured property from further damage following the
respective losses.
3 Any and all documents relating to, reflecting, or evidencing expenses incurred by
you as a result of the subject loss occurring on or about September 10, 2017.
4 Any and all documents relating to, reflecting, or evidencing the reporting to
Defendant of the subject loss and damage(s) you allege were caused as a result of the subject loss.
5 All photographs and/or videos depicting the claimed damages to the Insured
Property that you maintain were caused by the subject loss or in any way relate to the claim that is
the subject of this litigation.
6 Any and all documents and correspondence in your possession that were exchanged
between you, your representatives, and attorneys and Defendant regarding the claim that is the
subject of this litigation.
7 Any and all documents evidencing payment(s) by the Defendant in relation to the
claim that is the subject of this litigation, including any copies of checks, deposit slips, receipts, or
correspondences enclosing any such payment(s).
8 Any and all surveys, inspection reports, estimates and/or similar documents
regarding damages to the Insured Property as a result of the claim that is the subject of this
litigation.
9 Any and all bills, invoices, estimates, contracts, and similar documents pertaining to
the claim that is the subject of this litigation.
10. Any and all documents evidencing your efforts to repair the reported damages to the
Insured Property relating to the claim that is the subject of this litigation.
ll. Any and all receipts, vouchers, or other documents that reflect any and all benefits
paid or payable to you as a result of the damages alleged in the Complaint.
12. Any and all written statements in your or your attorney's possession from any
employee, representative, adjuster, attorney, or agent of Defendant pertaining to the subject claims
and/or the instant litigation.
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13. Any and all documents relating to any oral, written, or electronic communications
between Defendant and/or its representatives and you or anyone representing you regarding the
subject claim.
14. Any and all correspondence, contracts, agreements, assignments, assignment of
benefits, direct payment authorization, hold harmless agreement, or any other documents between
you and any third parties in relation to the claim forming the basis of this lawsuit.
15. Any and all photographs (color if available) taken by or on behalf of you, your
attorney, or your other representatives between 2017 and the present that depict the subject areas
of the Insured Property that sustained the damages claimed in this lawsuit.
16. All documents relating to and memorializing any repairs and/or maintenance
performed to the Insured Property for the last five (5) years to the present date.
17. Any and all documents relating to prior claims made by you or your representatives
against Defendant, other insurance carriers, or any collateral sources of insurance i.e., flood
insurance or any other property insurance coverage, within the past ten (10) years for the Insured
Property.
18. Any and all correspondences, documents, photographs, reports, analysis, study, or
other similar documents prepared by any expert or engineer retained by you regarding the claims
subject to this litigation.
19. Any and all correspondences, documents, photographs, reports, analysis, study, or
other similar documents prepared by any public adjuster retained by you in relation to the claims
that are the subject of this litigation.
20. Any and all documents and exhibits that you intend to use at trial in this matter.
21. A current mortgage statement reflecting your mortgagee/lien holder and principle
balance of your mortgage, if applicable.
22. Any assignment of mortgage, transfer of mortgage, or satisfactions of mortgage
received on the Insured Property.
23. Any and all copies of checks or any form of payment received by you from the
Defendant in relation to the subject claims, including any such documents in your possession
indicating the date such payment was made, the amount of the payment and what it was intended
for, and any other such documents evidencing the status of the checks (deposit slips, cash receipts,
bank statements).
24. Any and all documents relating to expenses paid by you or your representatives with
the funds issued by Defendant for the subject claim.
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25. Any all contracts or agreements signed by you with any third party related to the
Insured Property and subject claim.
26. Any and all past receipts and invoices for any repairs made to the roof of the Insured
Property within the past 7 years.
27. Any and all photographs of the Insured property within the past 7 years.
28. Any and all bids or estimates for roof replacement of the Insured Property from any
roofing contractor.
29. Any and all documents relating to, reflecting, or evidencing the sale of the subject
property, including all closing documents .
30. Any and all documents relating to, reflecting, or evidencing any claim the subject
property was sold at less than fair market value (/.e. Diminution of Value).
31. Any and all documents relating to, reflecting, or evidencing pre-purchase
inspections of the subject property.
32. Any and all documents relating to, reflecting, or evidencing COMPS, aka
comparable sales, relied upon in the sale of the subject property.
33. Any and all documents relating to, reflecting, or evidencing Appraisal of the subject
property.
34. Any and all documents relating to, reflecting, or evidencing your application,
including inspection reports, to Frontline Insurance.
(Certificate of Service on following page)
Page 7 of 8
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing document was filed
electronically and was sent by E-mail from the Florida Courts’ E-Filing Portal system, unless
otherwise noted below on this 21st day of July 2022, on all counsel or parties of record listed
below:
SERVICE LIST
Attorney for Plaintiff
Jabari A. Bennett, Esq.
Cohen Law Group
350 North Lake Destiny Road
Maitland, FL 32751
jbennett@itsaboutjustice.law
tiina@itsaboutjustice.law
CHARTWELL LAW
Attorneys for Defendant
1191 East Newport Center Drive
Penthouse Suite H
Deerfield Beach, FL 33442
Telephone: (754) 227-7995
Facsimile: (754) 212-4170
By: /s/ J. Michael Magee, Jr.
Laurie Sharpe Dulcer
Florida Bar: 39323
Isharpe@chartwelllaw.com
mmarotto@chartwelllaw.com
J. Michael Magee, Jr., Esq.
Florida Bar: 108068
mmagee@chartwelllaw.com
dleal@chartwelllaw.com
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Preview
Filing # 153815305 E-Filed 07/21/2022 03:39:10 PM IN THE CIRCUIT COURT OF THE 5 JUDICIAL CIRCUIT IN AND FOR LAKE COUNTY, FLORIDA CASE NO: 2021-CA-001217 KELLI AND NICHOLAS J. CROFT, Plaintiff, Vv. UNITED PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. / DEFENDANT’S FIRST REQUEST FOR PRODUCTION TO PLAINTIFF Defendant, UNITED PROPERTY & CASUALTY INSURANCE COMPANY (“Defendant”) by and through its undersigned counsel and pursuant to Florida Rule of Civil Procedure 1.350, hereby files and serves upon the Plaintiffs, DENNIS AND VIRGINIA RHODES, its First Request for Production in this matter, and requests as follows: DEFINITIONS AND INSTRUCTIONS 1 The terms "you" or "your" shall mean the Plaintiffs, KELLI CROFT AND NICHOLAS J. CROFT, and their agents, attorneys, representatives and other persons related to or acting on their behalf during the relevant time period. 2. The terms “Defendant” shall refer to Defendant, UNITED PROPERTY & CASUALTY INSURANCE COMPANY (“UPC”) and any officer, director, shareholder, employee, agent, attorney and/or any other person acting for, on behalf of, or under the authority or control of Defendant. 3 The terms "Person" or "persons" shall mean all natural persons (individual or individuals) and entities, including without limitation: corporations, companies, partnerships, limited partnerships, joint ventures, trusts, estates, associations, public agencies, departments, bureaus and boards. 4 The terms "relate to" or "relating to" shall mean consists of, refer to, reflect or be in any way logically or factually connected with the matter discussed, directly or indirectly. 5 The term "document" shall mean any written or graphic matter or other means of preserving thought or expression, and all tangible things from which information can be processed Page 1 of 8 FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 07/21/2022 04:01:19 PM. or transcribed including the originals and all non-identical copies, whether direct from the original by reason of any notation made on such copy or otherwise, including, without limitation, correspondence, memoranda, notes, messages, letters, telegrams, teletype, telefax, bulletins, meetings or other communications, interoffice and intra-office telephone calls, diaries, chronological data, minute books, reports, charts, ledgers, invoices, lists, worksheets, receipts, returns, computer printouts, prospectuses, financial statements, income tax returns, balance sheets, income statements, ledgers, vouchers, invoices, schedules, affidavits, contracts, agreements, canceled checks, transcripts, statistics, surveys, magazine or newspaper articles, releases, (and any and all drafts, alterations and modifications, changes and amendments of any of the foregoing), graphic or aural records or representations of any kind, including, without limitation, photographs, charts, graphs, microfiche, microfilm, videotape recordings, motion pictures and electronic, mechanical or electric recordings or representations of any kind (including, without limitation, e- mail, tapes, cassettes, disks and recordings). 6 The term "documents" shall mean every document or group of documents or communications as above-defined known to you, and every such document or communication which can be located or discovered by reasonably diligent efforts. 7 The words "or" and "and" shall be construed disjunctively as well as conjunctively. The word "all" means "any and all." The word "each" means "each and every." The word "every" means "each and every." 8 As used herein, the singular shall include the plural, the plural shall include the singular, and the masculine, feminine, and neuter shall include each of the other genders. 9 The term "identify" when used with reference to a natural person means: a. The full name and address (or, if the current address is not known, the last known address) of the person. The full name and address of each employer, each corporation of which the person is an officer or director, and each business in which the person is a principal. The person's present (or, if the present is not known, the last known) position and the position or positions at the time of the act to which the interrogatory answer relates. Each position the person has ever held with you and the date such positions were held. €. Such other information sufficient to provide full identification of the person. 10. The term "identify" when used with reference to any entity other than a natural person means: Page 2 of 8 The full name of the entity, the type of entity (e.g., corporation, partnership, etc.), the address of its principal place of business, its principal business activity and, if it is a corporation, the jurisdiction under the laws of which it has been organized and the date of such organization. Each of the entity's officers, directors, shareholders, or other principals. Any other available information concerning the existence or identity of the entity. 11. The term "Insured Property" shall refer to the property at issue in the present litigation located at 901 Elm Forest Dr., Minneola, FL 34715. 12. The term “loss” refers to the hurricane loss giving rise to the instant litigation purportedly occurring on February 1, 2021. 13. The term “Policy” shall refer to the HO3 homeowner's insurance policy issued by Defendant to Plaintiffs under Policy No. UHV 4267546 04 01, with effective dates of coverage of July 12, 2020, through July 12, 2021. 14. If any interrogatory is not answered on the basis of a claim of privilege and information is not provided on the basis of such assertion, please identify the nature of the privilege and provide in your response or objection sufficient information on the basis of such privilege. When any privilege is claimed, you shall indicate, as to the information requested, whether (a) any documents exist, or (b) any oral communications took place. 15. If any document is withheld from identification and/or production hereunder on the basis of a claim of privilege or otherwise, please set forth in detail the basis of the claim of privilege and identify the document by indicating: (a) Its date; () The author; (©) The recipient; and (d) A general characterization of the content of the document (e.g., letter, memorandum, report, etc.). 16. You are requested to furnish all information in your possession and all information available to you, not merely such information as you know of your own personal knowledge, but also knowledge that is available to you, your representatives, attorneys and agents, by reason of inquiry, including inquiry of their representatives. This includes knowledge and information which may be derived or ascertained from documents in your possession, custody, or control. Where the response to the interrogatory sets forth information that is not based upon your own personal knowledge, but rather upon the knowledge of your representatives, attorneys and agents, please indicate in response to that particular interrogatory. Page 3 of 8 [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 4 of 8 DEFENDA FIRST REQUEST FOR PRODUCTION TO PLAINTIFFS 1 Any and all documents relating to repairs performed in relation to the claims that are the subject of this litigation, including but not limited to receipts, invoices, permits, estimates, photographs, checks, bank statements, etc. 2 Any and all documents relating to, reflecting, or evidencing any action taken by you, or anyone or your behalf, to protect the insured property from further damage following the respective losses. 3 Any and all documents relating to, reflecting, or evidencing expenses incurred by you as a result of the subject loss occurring on or about September 10, 2017. 4 Any and all documents relating to, reflecting, or evidencing the reporting to Defendant of the subject loss and damage(s) you allege were caused as a result of the subject loss. 5 All photographs and/or videos depicting the claimed damages to the Insured Property that you maintain were caused by the subject loss or in any way relate to the claim that is the subject of this litigation. 6 Any and all documents and correspondence in your possession that were exchanged between you, your representatives, and attorneys and Defendant regarding the claim that is the subject of this litigation. 7 Any and all documents evidencing payment(s) by the Defendant in relation to the claim that is the subject of this litigation, including any copies of checks, deposit slips, receipts, or correspondences enclosing any such payment(s). 8 Any and all surveys, inspection reports, estimates and/or similar documents regarding damages to the Insured Property as a result of the claim that is the subject of this litigation. 9 Any and all bills, invoices, estimates, contracts, and similar documents pertaining to the claim that is the subject of this litigation. 10. Any and all documents evidencing your efforts to repair the reported damages to the Insured Property relating to the claim that is the subject of this litigation. ll. Any and all receipts, vouchers, or other documents that reflect any and all benefits paid or payable to you as a result of the damages alleged in the Complaint. 12. Any and all written statements in your or your attorney's possession from any employee, representative, adjuster, attorney, or agent of Defendant pertaining to the subject claims and/or the instant litigation. Page 5 of 8 13. Any and all documents relating to any oral, written, or electronic communications between Defendant and/or its representatives and you or anyone representing you regarding the subject claim. 14. Any and all correspondence, contracts, agreements, assignments, assignment of benefits, direct payment authorization, hold harmless agreement, or any other documents between you and any third parties in relation to the claim forming the basis of this lawsuit. 15. Any and all photographs (color if available) taken by or on behalf of you, your attorney, or your other representatives between 2017 and the present that depict the subject areas of the Insured Property that sustained the damages claimed in this lawsuit. 16. All documents relating to and memorializing any repairs and/or maintenance performed to the Insured Property for the last five (5) years to the present date. 17. Any and all documents relating to prior claims made by you or your representatives against Defendant, other insurance carriers, or any collateral sources of insurance i.e., flood insurance or any other property insurance coverage, within the past ten (10) years for the Insured Property. 18. Any and all correspondences, documents, photographs, reports, analysis, study, or other similar documents prepared by any expert or engineer retained by you regarding the claims subject to this litigation. 19. Any and all correspondences, documents, photographs, reports, analysis, study, or other similar documents prepared by any public adjuster retained by you in relation to the claims that are the subject of this litigation. 20. Any and all documents and exhibits that you intend to use at trial in this matter. 21. A current mortgage statement reflecting your mortgagee/lien holder and principle balance of your mortgage, if applicable. 22. Any assignment of mortgage, transfer of mortgage, or satisfactions of mortgage received on the Insured Property. 23. Any and all copies of checks or any form of payment received by you from the Defendant in relation to the subject claims, including any such documents in your possession indicating the date such payment was made, the amount of the payment and what it was intended for, and any other such documents evidencing the status of the checks (deposit slips, cash receipts, bank statements). 24. Any and all documents relating to expenses paid by you or your representatives with the funds issued by Defendant for the subject claim. Page 6 of 8 25. Any all contracts or agreements signed by you with any third party related to the Insured Property and subject claim. 26. Any and all past receipts and invoices for any repairs made to the roof of the Insured Property within the past 7 years. 27. Any and all photographs of the Insured property within the past 7 years. 28. Any and all bids or estimates for roof replacement of the Insured Property from any roofing contractor. 29. Any and all documents relating to, reflecting, or evidencing the sale of the subject property, including all closing documents . 30. Any and all documents relating to, reflecting, or evidencing any claim the subject property was sold at less than fair market value (/.e. Diminution of Value). 31. Any and all documents relating to, reflecting, or evidencing pre-purchase inspections of the subject property. 32. Any and all documents relating to, reflecting, or evidencing COMPS, aka comparable sales, relied upon in the sale of the subject property. 33. Any and all documents relating to, reflecting, or evidencing Appraisal of the subject property. 34. Any and all documents relating to, reflecting, or evidencing your application, including inspection reports, to Frontline Insurance. (Certificate of Service on following page) Page 7 of 8 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing document was filed electronically and was sent by E-mail from the Florida Courts’ E-Filing Portal system, unless otherwise noted below on this 21st day of July 2022, on all counsel or parties of record listed below: SERVICE LIST Attorney for Plaintiff Jabari A. Bennett, Esq. Cohen Law Group 350 North Lake Destiny Road Maitland, FL 32751 jbennett@itsaboutjustice.law tiina@itsaboutjustice.law CHARTWELL LAW Attorneys for Defendant 1191 East Newport Center Drive Penthouse Suite H Deerfield Beach, FL 33442 Telephone: (754) 227-7995 Facsimile: (754) 212-4170 By: /s/ J. Michael Magee, Jr. Laurie Sharpe Dulcer Florida Bar: 39323 Isharpe@chartwelllaw.com mmarotto@chartwelllaw.com J. Michael Magee, Jr., Esq. Florida Bar: 108068 mmagee@chartwelllaw.com dleal@chartwelllaw.com Page 8 of 8