Party Discovery: ROSS, ANN Plaintiff vs HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY INC Defendant

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                                Filing # 189072006 E-Filed 01/04/2024 10:48:35 AM


                                                               IN THE CIRCUIT COURT OF THE
                                                               20TH JUDICIAL CIRCUIT IN AND FOR
                                                               LEE COUNTY, FLORIDA

                                                               GENERAL JURISDICTION DIVISION

        ANN ROSS,                                              CASE NO.:

                       Plaintiff,                              FLORIDA BAR NO.: 127612

        v.

        HOMEOWNERS CHOICE PROPERTY &
        CASUALTY INSURANCE COMPANY, INC.,,

                       Defendant.
                                                           /

                   PLAINTIFF’S FIRST REQUEST TO PRODUCE TO DEFENDANT

               COMES NOW, the Plaintiff, ANN ROSS, by and through undersigned counsel,

        pursuant to Rule 1.350, Florida Rules of Civil Procedure, hereby requests the Defendant,

        HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, INC.,

        produce legible copies of the following documents to the Plaintiff within forty (45) days

        after service of this request:

        1.     A true and correct certified copy of the applicable insurance policy issued by

               Defendant to Plaintiff, including any and all endorsements in effect at the time of the

               subject loss.

        2.     Any and all time sheets, logs and/or other documents reflecting the time spent by

               Defendant and/or it’s agents at the Plaintiff’s property after notification of the subject

               loss.

        3.     Any and all statements, whether written, oral or recorded, taken of the Plaintiff(s)

               and/or their agents, servants, employees, etc., in regards to the subject matter of

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      this litigation.

4.    Any and all statements, whether written, oral or recorded, taken of non-parties in

      regards to the subject matter of this litigation.

5.    Any and all invoices and bills reflecting payments made by the Plaintiff with regards

      to premiums for the subject policy issued by Defendant.

6.    Any and all correspondence or other written communication from Defendant to

      Plaintiff or Plaintiff’s representatives, relating in any manner to the subject loss.

7.    Any and all correspondence or other written communication from Plaintiff or

      Plaintiff’s representatives, relating in any manner to the subject loss prior to the

      institution of this litigation.

8.    Any and all photographs, videos and/or drawings made by Defendant or it’s agents

      and/or representatives of the Plaintiff’s property which is the subject matter of this

      litigation.

9.    A copy of the entire underwriting file for the subject policy of insurance.

10.   A copy of the entire claim file, including any table of contents, computer notations,

      summaries, for the subject loss, excluding any documents to which a privilege claim

      may exist. Please provide a ‘Privilege Log’ detailing any such documents that are

      being withheld and the basis for the privilege.

11.   Any and all policies, rules, regulations, memorandums, guidelines and/or procedure

      manuals regarding Defendant’s process for investigating, evaluating and/or settling

      of homeowner claims.

12.   Any and all manuals, instructions and/or other materials relied upon by Defendant

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      in the training of adjusters and/or appraisers regarding homeowner claims.

13.   Any and all estimates prepared by Defendant and/or it’s agents and/or

      representatives regarding the subject claim of the Plaintiff.

14.   Any and all reports and/or other documents prepared by experts retained in this

      matter on behalf of the Defendant.

15.   A copy of any and all reports by any general contractor, engineer, roofer, electrician

      or other construction personnel hired by Defendant to examine and/or evaluate any

      aspect of the Plaintiff’s subject claim.

16.   Copies of any and all drafts issued by Defendant to the Plaintiff for payment of any

      aspect of the Plaintiff’s subject claim.

                              CERTIFICATE OF SERVICE

      I HEREBY CERTIFY that a true and correct copy of the foregoing was served

attached with the Original Summons and Complaint

                                                 Thomas J. Morgan, Jr., Esquire
                                                 MORGAN LAW GROUP, P.A.
                                                 Attorneys for Plaintiffs
                                                 55 Merrick Way, Suite 404
                                                 Coral Gables, Florida 33134
                                                 Phone: 305.569.9900
                                                 Fax : 305.443.6828


                                                 By:   /s/ Thomas J. Morgan
                                                        Thomas J. Morgan, Jr.




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