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Filing # 191513724 E-Filed 02/08/2024 07:38:18 AM
IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
TERESA AND JUAN PAUL DAVIS )
Plaintiffs, ) CASE NO. 24000356CA
)
v )
)
KIN INTERINSURANCE NETWORK, )
Defendant.
NOTICE OF SERVICE OF PLAINTIFFS’S FIRST
SET OF INTERROGATORIES TO DEFENDANT
Plaintiffs TERESA AND JUAN PAUL DAVIS (the “Insured”), pursuant to Florida Rule
of Civil Procedure 1.340, hereby gives notice of serving Plaintiffs’ First Set of Interrogatories to
Defendant KIN INTERINSURANCE NETWORK (“Defendant” or the “Insurance Company”),
to be answered in writing under oath within forty-five (45) days after service of this notice.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY a true and correct copy of the foregoing was served with the
Summons and Complaint.
THE LAW OFFICE OF DANIEL FERRER, P.A.
Attorney for Plaintiffs
7245 S.W. 87th Ave., Suite 400
Miami, FL 33173
T: (305) 704-9998
E-mail : dferrer@dflawoffice.com
s/ Daniel Ferrer
Daniel A. Ferrer, Esq.
Florida Bar No. 0126148
1
THE LAW OFFICE OF DANIEL FERRER, P.A.
7245 S.W. 87 Avenue * Suite 400 = Miami, FL 33173 * Telephone (305) 704-9998
IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
TERESA AND JUAN PAUL DAVIS )
Plaintiffs, ) CASE NO.:
)
v )
)
KIN INTERINSURANCE NETWORK, )
Defendant.
PLAINTIFFS’ FIRST SET OF INTERROGATORIES TO DEFENDANT
Plaintiffs TERESA AND JUAN PAUL DAVIS (the “Insured”), pursuant to Florida Rule
of Civil Procedure 1.340, propounds Plaintiffs’ First Set of Interrogatories to Defendant KIN
INTERINSURANCE NETWORK (“Defendant” or the “Insurance Company”), to be answered
in writing under oath within the time specified.
DEFINITIONS
The following defined terms shall be used as follows in this First Set of Interrogatories:
1 The term “Plaintiffs” or “Insureds” refers to the Plaintiffs, TERESA AND JUAN
PAUL DAVIS.
2 The term “You” or “Defendant” refers to the Defendant, KIN INTERINSURANCE
NETWORK, in addition to its successors, and/or its assigns.
3 The term “Property” shall refer to the Property located at 23136 Newcun Ave,
Punta Gorda, FL 33980.
2
THE LAW OFFICE OF DANIEL FERRER, P.A.
7245 S.W. 87 Avenue « Suite 400 * Miami, FL 33173 * Telephone (305) 704-9998
4 The term “Policy” shall refer to Defendant’s policy number KIN-HO-
FL189714179.
5 The term “claim” or “loss” shall refer to the loss assigned claim number HO-
3223727.
6. The terms “person” or “persons” mean any natural person, individual,
proprietorship, partnership, corporation, association, organization, joint venture, firm, other
business enterprise, governmental body, and group of natural persons or other entity, and includes
any other person acting on behalf of a person.
7
The term “contract” means any promise, or set or promises, which creates an
obligation to do or not do a particular thing where there was meeting of the minds on a given
proposition and an understanding and intention between the parties.
8 The term “Identify,” when used with reference to a natural person, means state:
(a) his full name and address (or, if the present address is not known, his last
known address).
(b) the full name and address of each of his employers, each corporation of
which he is an officer or director and each business in which he is a principal.
(c) his present (or, if the present is not known, his last known) position and his
position or positions at the time of the act to which the interrogatory answer relate,
and
(d) such other information sufficient to enable the Insureds to identify the
person.
“Identify,” when used with reference to an oral transaction or oral communication,
means state:
3
THE LAW OFFICE OF DANIEL FERRER, P.A.
7245 S.W. 87 Avenue « Suite 400 * Miami, FL 33173 * Telephone (305) 704-9998
(a) its nature (e.g., telephone call, conversation in person, etc.
(b) the date and place thereof.
(©) the identity and address of each person participating therein, present during
or witness to any part thereof.
(d) identify each document in which such transaction or communication was
recorded, described or referred to.
FIRST SET OF INTERROGATORIES
Please state by name, address, and title the names of all individuals who aided in answering
the following interrogatories.
State your complete corporate name, nature of your business, whether you are licensed to
do business in the State of Florida, whether you maintain agents for the transacting of your
customary business in the county of the Insured property, and whether your name as it
appears in the Complaint is correct.
List the names, addresses and telephone numbers of all persons (other than your own
agents, representatives or employees) believed or known by you, your agents or attorneys
to have any knowledge concerning any of the issues raised by the pleadings, specifying the
subject matter about which the witnesses have knowledge and state whether you have
obtained any statements (oral, written and/or recorded) from any of said witnesses, list the
dates any such witness statements were taken, by whom any such witness statements were
taken and who has present possession, custody and control of any such statements.
List the names, residence addresses, business addresses, and telephone numbers of all
persons who, on your behalf or on behalf of any of your agents, employees, or
representatives, have in any way participated in the investigation, evaluation, adjusting, or
4
THE LAW OFFICE OF DANIEL FERRER, P.A.
7245 S.W. 87 Avenue « Suite 400 * Miami, FL 33173 * Telephone (305) 704-9998
handling of the claim at issue, specify the nature of the participation for each and every
such person and give the time period during which they participated.
Set forth the provision of insurance contract that you claim excludes or limits coverage
with regard to the claim presented by the Insureds.
State whether your company underwriting department requested an inspection of the
Insured property as a condition to agreeing to insure the property and state the name and
address of the person doing the inspection and the date of the inspection.
State the names and addresses of all persons estimating, photographing, and evaluating the
damage of the Insureds’ property at your request and state whether the person identified
estimated, photographed and/or evaluated the damage of the Insureds’ property, the date
of each estimate, the date the photographs were taken by each identified person and the
amount of each estimate.
What do you contend caused the Insureds’ property loss?
Set forth in detail each post-loss condition or condition precedent that the Insureds failed
to comply with and identify the persons having knowledge of the non-compliance.
10. If you are relying on any coverage defense, limitation, or exclusion in the policy, set forth
the exact policy provision of the defense, limitation, or exclusion.
11 Set forth the date that your company was first notified of the Insureds’ claim and describe
in detail all efforts taken by your employees and representatives to investigate the loss.
12. Set forth in complete detail all statements made by the Insureds or their family members
to your adjusters or representatives and the date and location where the statement was
made.
5
THE LAW OFFICE OF DANIEL FERRER, P.A.
7245 S.W. 87 Avenue « Suite 400 * Miami, FL 33173 * Telephone (305) 704-9998
13 Set forth in detail all the facts supporting each of your affirmative defenses.
14, Please describe each document you requested from the Insureds and the date you
requested said document from the Insureds, in addition to whether you received the
document.
15 Please state the name, address, and telephone number of the individual(s) who determined
the loss, or any part of the loss, was not covered under Plaintiffs’ policy and each and
every reason for the denial of part of the claim.
16. Please state the names of any and all investigators or experts that may have any knowledge
regarding the subject loss by name, current address, and telephone number, and please
designate which of those individuals have been retained by Defendant as experts.
17 Please state the name, addresses, and telephone numbers of every person known to you,
your agents or your attorneys who have knowledge about, or possession, custody or control
of any sample, model, plat drawing, motion picture, videotape, photographs, engineering
report, engineering study, engineering analysis, progress report, calculations, plans,
specifications, diagrams, computer printouts, and any other documentation pertaining to
any fact or issue involved in this lawsuit describing as to each what items such person has,
the name, address, and telephone number of the person who took or prepared it, and the
date it was taken or prepared.
6
THE LAW OFFICE OF DANIEL FERRER, P.A.
7245 S.W. 87 Avenue « Suite 400 * Miami, FL 33173 * Telephone (305) 704-9998
READ CAREFULLY BEFORE SIGNING
KIN INTERINSURANCE NETWORK
STATE OF FLORIDA )
SS:
COUNTY OF )
The foregoing instrument was acknowledged before me. this day of
> 2024, by of KIN
INTERINSURANCE NETWORK, who is:
(Please check below)
1 Personally known to me.
2. Produced as identification.
GIVEN UNDER my hand and official seal this day of , 2024.
(Signed)
(Printed Name)
(Notary Seal)
Notary Public, State of Florida at Large
Notary ID No.: (if applicable)
My Commission Expires:
7
THE LAW OFFICE OF DANIEL FERRER, P.A.
7245 S.W. 87 Avenue « Suite 400 * Miami, FL 33173 * Telephone (305) 704-9998
Preview
Filing # 191513724 E-Filed 02/08/2024 07:38:18 AM IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA TERESA AND JUAN PAUL DAVIS ) Plaintiffs, ) CASE NO. 24000356CA ) v ) ) KIN INTERINSURANCE NETWORK, ) Defendant. NOTICE OF SERVICE OF PLAINTIFFS’S FIRST SET OF INTERROGATORIES TO DEFENDANT Plaintiffs TERESA AND JUAN PAUL DAVIS (the “Insured”), pursuant to Florida Rule of Civil Procedure 1.340, hereby gives notice of serving Plaintiffs’ First Set of Interrogatories to Defendant KIN INTERINSURANCE NETWORK (“Defendant” or the “Insurance Company”), to be answered in writing under oath within forty-five (45) days after service of this notice. CERTIFICATE OF SERVICE I HEREBY CERTIFY a true and correct copy of the foregoing was served with the Summons and Complaint. THE LAW OFFICE OF DANIEL FERRER, P.A. Attorney for Plaintiffs 7245 S.W. 87th Ave., Suite 400 Miami, FL 33173 T: (305) 704-9998 E-mail : dferrer@dflawoffice.com s/ Daniel Ferrer Daniel A. Ferrer, Esq. Florida Bar No. 0126148 1 THE LAW OFFICE OF DANIEL FERRER, P.A. 7245 S.W. 87 Avenue * Suite 400 = Miami, FL 33173 * Telephone (305) 704-9998 IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA TERESA AND JUAN PAUL DAVIS ) Plaintiffs, ) CASE NO.: ) v ) ) KIN INTERINSURANCE NETWORK, ) Defendant. PLAINTIFFS’ FIRST SET OF INTERROGATORIES TO DEFENDANT Plaintiffs TERESA AND JUAN PAUL DAVIS (the “Insured”), pursuant to Florida Rule of Civil Procedure 1.340, propounds Plaintiffs’ First Set of Interrogatories to Defendant KIN INTERINSURANCE NETWORK (“Defendant” or the “Insurance Company”), to be answered in writing under oath within the time specified. DEFINITIONS The following defined terms shall be used as follows in this First Set of Interrogatories: 1 The term “Plaintiffs” or “Insureds” refers to the Plaintiffs, TERESA AND JUAN PAUL DAVIS. 2 The term “You” or “Defendant” refers to the Defendant, KIN INTERINSURANCE NETWORK, in addition to its successors, and/or its assigns. 3 The term “Property” shall refer to the Property located at 23136 Newcun Ave, Punta Gorda, FL 33980. 2 THE LAW OFFICE OF DANIEL FERRER, P.A. 7245 S.W. 87 Avenue « Suite 400 * Miami, FL 33173 * Telephone (305) 704-9998 4 The term “Policy” shall refer to Defendant’s policy number KIN-HO- FL189714179. 5 The term “claim” or “loss” shall refer to the loss assigned claim number HO- 3223727. 6. The terms “person” or “persons” mean any natural person, individual, proprietorship, partnership, corporation, association, organization, joint venture, firm, other business enterprise, governmental body, and group of natural persons or other entity, and includes any other person acting on behalf of a person. 7 The term “contract” means any promise, or set or promises, which creates an obligation to do or not do a particular thing where there was meeting of the minds on a given proposition and an understanding and intention between the parties. 8 The term “Identify,” when used with reference to a natural person, means state: (a) his full name and address (or, if the present address is not known, his last known address). (b) the full name and address of each of his employers, each corporation of which he is an officer or director and each business in which he is a principal. (c) his present (or, if the present is not known, his last known) position and his position or positions at the time of the act to which the interrogatory answer relate, and (d) such other information sufficient to enable the Insureds to identify the person. “Identify,” when used with reference to an oral transaction or oral communication, means state: 3 THE LAW OFFICE OF DANIEL FERRER, P.A. 7245 S.W. 87 Avenue « Suite 400 * Miami, FL 33173 * Telephone (305) 704-9998 (a) its nature (e.g., telephone call, conversation in person, etc. (b) the date and place thereof. (©) the identity and address of each person participating therein, present during or witness to any part thereof. (d) identify each document in which such transaction or communication was recorded, described or referred to. FIRST SET OF INTERROGATORIES Please state by name, address, and title the names of all individuals who aided in answering the following interrogatories. State your complete corporate name, nature of your business, whether you are licensed to do business in the State of Florida, whether you maintain agents for the transacting of your customary business in the county of the Insured property, and whether your name as it appears in the Complaint is correct. List the names, addresses and telephone numbers of all persons (other than your own agents, representatives or employees) believed or known by you, your agents or attorneys to have any knowledge concerning any of the issues raised by the pleadings, specifying the subject matter about which the witnesses have knowledge and state whether you have obtained any statements (oral, written and/or recorded) from any of said witnesses, list the dates any such witness statements were taken, by whom any such witness statements were taken and who has present possession, custody and control of any such statements. List the names, residence addresses, business addresses, and telephone numbers of all persons who, on your behalf or on behalf of any of your agents, employees, or representatives, have in any way participated in the investigation, evaluation, adjusting, or 4 THE LAW OFFICE OF DANIEL FERRER, P.A. 7245 S.W. 87 Avenue « Suite 400 * Miami, FL 33173 * Telephone (305) 704-9998 handling of the claim at issue, specify the nature of the participation for each and every such person and give the time period during which they participated. Set forth the provision of insurance contract that you claim excludes or limits coverage with regard to the claim presented by the Insureds. State whether your company underwriting department requested an inspection of the Insured property as a condition to agreeing to insure the property and state the name and address of the person doing the inspection and the date of the inspection. State the names and addresses of all persons estimating, photographing, and evaluating the damage of the Insureds’ property at your request and state whether the person identified estimated, photographed and/or evaluated the damage of the Insureds’ property, the date of each estimate, the date the photographs were taken by each identified person and the amount of each estimate. What do you contend caused the Insureds’ property loss? Set forth in detail each post-loss condition or condition precedent that the Insureds failed to comply with and identify the persons having knowledge of the non-compliance. 10. If you are relying on any coverage defense, limitation, or exclusion in the policy, set forth the exact policy provision of the defense, limitation, or exclusion. 11 Set forth the date that your company was first notified of the Insureds’ claim and describe in detail all efforts taken by your employees and representatives to investigate the loss. 12. Set forth in complete detail all statements made by the Insureds or their family members to your adjusters or representatives and the date and location where the statement was made. 5 THE LAW OFFICE OF DANIEL FERRER, P.A. 7245 S.W. 87 Avenue « Suite 400 * Miami, FL 33173 * Telephone (305) 704-9998 13 Set forth in detail all the facts supporting each of your affirmative defenses. 14, Please describe each document you requested from the Insureds and the date you requested said document from the Insureds, in addition to whether you received the document. 15 Please state the name, address, and telephone number of the individual(s) who determined the loss, or any part of the loss, was not covered under Plaintiffs’ policy and each and every reason for the denial of part of the claim. 16. Please state the names of any and all investigators or experts that may have any knowledge regarding the subject loss by name, current address, and telephone number, and please designate which of those individuals have been retained by Defendant as experts. 17 Please state the name, addresses, and telephone numbers of every person known to you, your agents or your attorneys who have knowledge about, or possession, custody or control of any sample, model, plat drawing, motion picture, videotape, photographs, engineering report, engineering study, engineering analysis, progress report, calculations, plans, specifications, diagrams, computer printouts, and any other documentation pertaining to any fact or issue involved in this lawsuit describing as to each what items such person has, the name, address, and telephone number of the person who took or prepared it, and the date it was taken or prepared. 6 THE LAW OFFICE OF DANIEL FERRER, P.A. 7245 S.W. 87 Avenue « Suite 400 * Miami, FL 33173 * Telephone (305) 704-9998 READ CAREFULLY BEFORE SIGNING KIN INTERINSURANCE NETWORK STATE OF FLORIDA ) SS: COUNTY OF ) The foregoing instrument was acknowledged before me. this day of > 2024, by of KIN INTERINSURANCE NETWORK, who is: (Please check below) 1 Personally known to me. 2. Produced as identification. GIVEN UNDER my hand and official seal this day of , 2024. (Signed) (Printed Name) (Notary Seal) Notary Public, State of Florida at Large Notary ID No.: (if applicable) My Commission Expires: 7 THE LAW OFFICE OF DANIEL FERRER, P.A. 7245 S.W. 87 Avenue « Suite 400 * Miami, FL 33173 * Telephone (305) 704-9998