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Filing # 190899404 E-Filed 01/31/2024 08:47:41 AM
IN THE COUNTY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
JD RESTORATION, INC.
(A/A/O SANTOS BAZAN),
CASE NO:
Plaintiff,
v.
CITIZENS PROPERTY
INSURANCE COMPANY,
Defendant.
_____________________________________/
PLAINTIFF’S NOTICE OF SERVICE OF
FIRST INTERROGATORIES TO DEFENDANT
Pursuant to Rule 1.340, Florida Rules of Civil Procedure, the Plaintiff, JD RESTORATION,
INC. (A/A/O SANTOS BAZAN), by and through their undersigned counsel, propound the
following First Interrogatories on the Defendant, CITIZENS PROPERTY INSURANCE
COMPANY to be answered in writing, under oath, within the time allowed in accordance with the
Florida Rules of Civil Procedure.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing was served upon
the Defendant in this action along with the Complaint.
By: /s/ Kevin Weisser
KEVIN WEISSER
Florida Bar No: 98828
WEISSER ELAZAR & KANTOR, PLLC
Attorneys for Plaintiff
800 East Broward Boulevard, Suite 510
Fort Lauderdale, FL 33301
T: (954) 486-2623
F: (954) 572-8695
Email: KW@WEKLaw.com
JK@WEKLaw.com
Service@WEKLaw.com
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FIRST INTERROGATORIES TO DEFENDANT
1. What is your name, address, and if you are answering for someone else, your official
position or relationship with the party to whom the interrogatories are directed?
2. Describe any and all policies of insurance which you contend or may cover the allegations
set forth in Plaintiff’s complaint, detailing as to such policies the name of the insurer, the number
of the policy, the available limits of liability, and the name and address of the custodian of the
policy.
3. Please state with specificity any defenses to coverage that you have in this matter and
identify any documents supporting your defenses to coverage.
4. Please state with specificity any conditions precedent or subsequent to the Plaintiff’s claims
that you contend have not been fulfilled, if any exist.
5. Please state your reason(s) for nonpayment and or non-consideration of this claim.
6. Please state the date that you received notice of this claim and the state that you received
notice of the incident which is the subject of this matter.
7. Describe in detail how the incident described in the Plaintiff’s Complaint happened.
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8. State separately the facts upon which you rely on for each affirmative defense in your
Answer to the Plaintiff’s Complaint.
9. Do you contend that any person or entity other than you is or may be liable in whole or in
part for the claims asserted against you in this lawsuit? If so, state the full name and address of
each such person or entity, the legal basis for your contention, the facts or evidence upon which
your contention is based, and whether or not you have notified each such person or entity of your
contention.
10. List the names, address, and telephone numbers of all persons who are believed or known
by you, your agents, or your attorneys to have any knowledge concerning any of the issues in this
lawsuit; and specify the subject matter about which the witness has knowledge.
11. State the name and address of every person known to you, your agents, or your attorneys
who has knowledge about or possession, custody, or control of any estimate of damage, model,
plat, map, drawing, motion picture, video-tape, or photograph pertaining to any fact or issue
involved in this controversy; and describe as to each, what item such person has, the name and
address of the person who took or prepared it, and the date it was taken or prepared.
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12. Please provide a list of the names and current addresses of any and all individuals employed
by or agents or the Defendant who were in any way involved with the handling of this 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 institution of this litigation. Please
also provide a short statement of the persons knowledge and involvement.
13. List the names, residence addresses, business addresses and telephone numbers or all
persons believed or known by you, your agents, or attorneys to have heard Plaintiff make any
statement, remark, or comment concerning the subject loss and the substance of any such
statement, remark, or comment.
14. For any and all policy defenses which you reasonably believe are available with regards to
the claim made by the Plaintiff herein: Describe in detail the factual and legal basis for any such
defenses and give complete names, residence addresses, business addresses, and telephone
numbers of each person believed or known by you, your agents or attorneys, to have knowledge
of the facts which would provide the basis for any such defense.
15. Please list any amounts that Defendant has paid to Plaintiff to date for the subject claim
and describe what each such payment was for.
16. For each denied or withheld payment of claim listed above, state in detail the legal ground
and the factual basis upon which the claim was denied, the exact wording of any policy provisions,
or the exact wording of any statutory language or case law upon which you base your denial or
withholding of payment.
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17. State the names, residence addresses, and business addresses of any and all photographers,
investigators, or videographers which are in any way related to this lawsuit.
18. If you claim you were unable to pay Plaintiff’s claim because you had insufficient
information or the notice of claim did not have sufficient support, state: When you first realized
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.
19. If an appraisal if 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.
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By:__________________________________
Name: _______________________________
Title: ________________________________
STATE OF FLORIDA )
) ss
COUNTY OF __________________ )
SWORN TO and SUBSCRIBED before me by ____________________, who is
personally known to me or has produced (________________________) as identification and who
did/did not take an oath and verified that the foregoing Answers to Interrogatories are true and
correct.
DATED this ______ day of , 2024.
NOTARY PUBLIC, State of Florida
______________________________
Signature of Notary Public
________________________________
Typed or Printed Name of Notary Public
My commission expires:
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Filing # 190899404 E-Filed 01/31/2024 08:47:41 AM IN THE COUNTY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA JD RESTORATION, INC. (A/A/O SANTOS BAZAN), CASE NO: Plaintiff, v. CITIZENS PROPERTY INSURANCE COMPANY, Defendant. _____________________________________/ PLAINTIFF’S NOTICE OF SERVICE OF FIRST INTERROGATORIES TO DEFENDANT Pursuant to Rule 1.340, Florida Rules of Civil Procedure, the Plaintiff, JD RESTORATION, INC. (A/A/O SANTOS BAZAN), by and through their undersigned counsel, propound the following First Interrogatories on the Defendant, CITIZENS PROPERTY INSURANCE COMPANY to be answered in writing, under oath, within the time allowed in accordance with the Florida Rules of Civil Procedure. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing was served upon the Defendant in this action along with the Complaint. By: /s/ Kevin Weisser KEVIN WEISSER Florida Bar No: 98828 WEISSER ELAZAR & KANTOR, PLLC Attorneys for Plaintiff 800 East Broward Boulevard, Suite 510 Fort Lauderdale, FL 33301 T: (954) 486-2623 F: (954) 572-8695 Email: KW@WEKLaw.com JK@WEKLaw.com Service@WEKLaw.com Page 21 of 36 1/31/2024 8:47 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1 FIRST INTERROGATORIES TO DEFENDANT 1. What is your name, address, and if you are answering for someone else, your official position or relationship with the party to whom the interrogatories are directed? 2. Describe any and all policies of insurance which you contend or may cover the allegations set forth in Plaintiff’s complaint, detailing as to such policies the name of the insurer, the number of the policy, the available limits of liability, and the name and address of the custodian of the policy. 3. Please state with specificity any defenses to coverage that you have in this matter and identify any documents supporting your defenses to coverage. 4. Please state with specificity any conditions precedent or subsequent to the Plaintiff’s claims that you contend have not been fulfilled, if any exist. 5. Please state your reason(s) for nonpayment and or non-consideration of this claim. 6. Please state the date that you received notice of this claim and the state that you received notice of the incident which is the subject of this matter. 7. Describe in detail how the incident described in the Plaintiff’s Complaint happened. Page 22 of 36 1/31/2024 8:47 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2 8. State separately the facts upon which you rely on for each affirmative defense in your Answer to the Plaintiff’s Complaint. 9. Do you contend that any person or entity other than you is or may be liable in whole or in part for the claims asserted against you in this lawsuit? If so, state the full name and address of each such person or entity, the legal basis for your contention, the facts or evidence upon which your contention is based, and whether or not you have notified each such person or entity of your contention. 10. List the names, address, and telephone numbers of all persons who are believed or known by you, your agents, or your attorneys to have any knowledge concerning any of the issues in this lawsuit; and specify the subject matter about which the witness has knowledge. 11. State the name and address of every person known to you, your agents, or your attorneys who has knowledge about or possession, custody, or control of any estimate of damage, model, plat, map, drawing, motion picture, video-tape, or photograph pertaining to any fact or issue involved in this controversy; and describe as to each, what item such person has, the name and address of the person who took or prepared it, and the date it was taken or prepared. Page 23 of 36 1/31/2024 8:47 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3 12. Please provide a list of the names and current addresses of any and all individuals employed by or agents or the Defendant who were in any way involved with the handling of this 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 institution of this litigation. Please also provide a short statement of the persons knowledge and involvement. 13. List the names, residence addresses, business addresses and telephone numbers or all persons believed or known by you, your agents, or attorneys to have heard Plaintiff make any statement, remark, or comment concerning the subject loss and the substance of any such statement, remark, or comment. 14. For any and all policy defenses which you reasonably believe are available with regards to the claim made by the Plaintiff herein: Describe in detail the factual and legal basis for any such defenses and give complete names, residence addresses, business addresses, and telephone numbers of each person believed or known by you, your agents or attorneys, to have knowledge of the facts which would provide the basis for any such defense. 15. Please list any amounts that Defendant has paid to Plaintiff to date for the subject claim and describe what each such payment was for. 16. For each denied or withheld payment of claim listed above, state in detail the legal ground and the factual basis upon which the claim was denied, the exact wording of any policy provisions, or the exact wording of any statutory language or case law upon which you base your denial or withholding of payment. Page 24 of 36 1/31/2024 8:47 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 4 17. State the names, residence addresses, and business addresses of any and all photographers, investigators, or videographers which are in any way related to this lawsuit. 18. If you claim you were unable to pay Plaintiff’s claim because you had insufficient information or the notice of claim did not have sufficient support, state: When you first realized 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. 19. If an appraisal if 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. Page 25 of 36 1/31/2024 8:47 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 5 By:__________________________________ Name: _______________________________ Title: ________________________________ STATE OF FLORIDA ) ) ss COUNTY OF __________________ ) SWORN TO and SUBSCRIBED before me by ____________________, who is personally known to me or has produced (________________________) as identification and who did/did not take an oath and verified that the foregoing Answers to Interrogatories are true and correct. DATED this ______ day of , 2024. NOTARY PUBLIC, State of Florida ______________________________ Signature of Notary Public ________________________________ Typed or Printed Name of Notary Public My commission expires: Page 26 of 36 1/31/2024 8:47 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 6