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Filing # 191591567 E-Filed 02/08/2024 04:50:10 PM
LARRY TRAVERS and LARRY W. IN THE CIRCUIT COURT OF THE 20TH
TRAVERS REVOCABLE TRUST, JUDICIAL CIRCUIT IN AND FOR
CHARLOTTE COUNTY, FLORIDA
Plaintiffs,
CASE NO.: 24000370ca
vs.
HERITAGE PROPERTY & CASUALTY
INSURANCE COMPANY,
Defendant.
NOTICE OF SERVICE OF INSURANCE COVERAGE INTERROGATORIES
TO DEFENDANT
Plaintiffs, LARRY TRAVERS and LARRY W. TRAVERS REVOCABLE TRUST, by
and through their undersigned counsel, and pursuant to Fla.R.Civ.P. 1.340, hereby files
this notice that certain Insurance Coverage Interrogatories, numbered 1 through 22 were
propounded upon the Defendant, HERITAGE PROPERTY & CASUALTY INSURANCE
COMPANY, to be answered in writing, under oath, within forty-five (45) days from date of
service of same.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy of this Notice, along with the
Original Interrogatories were attached and to be served together with the Summons,
Complaint, and Request for Production, onto Defendant.
Stabinski Law
Attorneys for Plaintiff
757 NW 27" Ave, Third Floor
Miami, Florida 33125
Telephone: (305) 643-3100
Facsimile: (305) 643-1382
ts@stabinskilaw.com
/s/ Todd J. Stabinski
Todd J. Stabinski, Esq.
Florida Bar No.: 0105988
Beatriz Reardon, Esq.
Florida Bar No.: 294945
PLAINTIFFS’ INSURANCE COVERAGE 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?
Describe any and all policies of insurance which you contend cover or may cover
the allegations set forth in Plaintiffs complaint, detailing as to such policies the
name of the insurer, the number of the policy, the available limits of coverage,
including those contained in the policy language, 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.
Please state with specificity any conditions precedent or subsequent to the
Plaintiff's claim that you contend have not been fulfilled by the Plaintiff, if any exist.
Please state your reason(s) for your nonpayment and/or non-consideration of this
claim.
Please state the date that you received notice of this claim, the date that you
acknowledged notice of the claim, and the date that you received notice of the
incident which is the subject of this matter.
Describe in detail how the incident described in the Plaintiff's Complaint happened.
State separately the facts upon which you rely on for each affirmative defense in
your Answerto the Plaintiffs Complaint.
Do you contend 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, addresses 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.
12 Please provide a list of the names and current addresses of any and all individuals
employed by, or agents of 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 September 28, 2022,
but prior to the institution of this litigation. Please also provide the date of
inspection(s) of the property and a short statement of the person's knowledge and
involvement with the claim.
13 List the names, residence addresses, business addresses and telephone numbers
of all persons believed or known by you, your agents, or attorneys, to have heard
Plaintiff make any statement, remark or comment concerning the incident involved
herein and the substance of any such statement, remark or comment.
14 For any and all policy defenses which you reasonably believe are available with
regard 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 any every 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
grounds for doing so, the factual basis for doing so, and provide 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.
17. If you claim that you were unable to pay Plaintiffs claim because you had
insufficient information or the notice of claim did not have sufficient support, state:
When you first realized that 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.
18 If an appraisal of the subject property or its contents was prepared, 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.
19 State the specific nature of your relationship with the insurance agent who sold
Plaintiff the subject policy of insurance from calendar year 2015 to present date.
State whether said insurance agent was authorized to sell or service your policies,
and if so, state the specifics of its authority.
20 Please state if the Defendant anticipated this claim would go to litigation. If so,
please state the date Defendant first anticipated this claim would proceed to
litigation and the reason(s) that litigation was anticipated, along with the documents
relied upon in coming to this determination, and the name of the person that made
the determination.
21 Please state if the Defendant ever determined there was a disagreement as to the
amount of damage to Plaintiffs property. If so, please state the date Defendant
first determined there was a disagreement as to the amount of damage, who made
this determination and what documents or things were relied upon in coming to
this determination.
22. If a reserve was set by the Defendant, please state the following for the reserve
Defendant set for the loss:
a The amount of the reserve, when it was set, and who set it;
b If the reserve was ever changed, the new amount, who changed it, and why
it was changed for each time it was changed.
JURAT
Affiant
STATE OF FLORIDA
Ss
COUNTY OF
SUBSCRIBED and sworn to (or affirmed) before me _ this day of
, 2024, by , who is personally known
to me or has produced as identification.
NOTARY PUBLIC, State of Florida
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Filing # 191591567 E-Filed 02/08/2024 04:50:10 PM LARRY TRAVERS and LARRY W. IN THE CIRCUIT COURT OF THE 20TH TRAVERS REVOCABLE TRUST, JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA Plaintiffs, CASE NO.: 24000370ca vs. HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. NOTICE OF SERVICE OF INSURANCE COVERAGE INTERROGATORIES TO DEFENDANT Plaintiffs, LARRY TRAVERS and LARRY W. TRAVERS REVOCABLE TRUST, by and through their undersigned counsel, and pursuant to Fla.R.Civ.P. 1.340, hereby files this notice that certain Insurance Coverage Interrogatories, numbered 1 through 22 were propounded upon the Defendant, HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY, to be answered in writing, under oath, within forty-five (45) days from date of service of same. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of this Notice, along with the Original Interrogatories were attached and to be served together with the Summons, Complaint, and Request for Production, onto Defendant. Stabinski Law Attorneys for Plaintiff 757 NW 27" Ave, Third Floor Miami, Florida 33125 Telephone: (305) 643-3100 Facsimile: (305) 643-1382 ts@stabinskilaw.com /s/ Todd J. Stabinski Todd J. Stabinski, Esq. Florida Bar No.: 0105988 Beatriz Reardon, Esq. Florida Bar No.: 294945 PLAINTIFFS’ INSURANCE COVERAGE 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? Describe any and all policies of insurance which you contend cover or may cover the allegations set forth in Plaintiffs complaint, detailing as to such policies the name of the insurer, the number of the policy, the available limits of coverage, including those contained in the policy language, 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. Please state with specificity any conditions precedent or subsequent to the Plaintiff's claim that you contend have not been fulfilled by the Plaintiff, if any exist. Please state your reason(s) for your nonpayment and/or non-consideration of this claim. Please state the date that you received notice of this claim, the date that you acknowledged notice of the claim, and the date that you received notice of the incident which is the subject of this matter. Describe in detail how the incident described in the Plaintiff's Complaint happened. State separately the facts upon which you rely on for each affirmative defense in your Answerto the Plaintiffs Complaint. Do you contend 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, addresses 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. 12 Please provide a list of the names and current addresses of any and all individuals employed by, or agents of 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 September 28, 2022, but prior to the institution of this litigation. Please also provide the date of inspection(s) of the property and a short statement of the person's knowledge and involvement with the claim. 13 List the names, residence addresses, business addresses and telephone numbers of all persons believed or known by you, your agents, or attorneys, to have heard Plaintiff make any statement, remark or comment concerning the incident involved herein and the substance of any such statement, remark or comment. 14 For any and all policy defenses which you reasonably believe are available with regard 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 any every 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 grounds for doing so, the factual basis for doing so, and provide 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. 17. If you claim that you were unable to pay Plaintiffs claim because you had insufficient information or the notice of claim did not have sufficient support, state: When you first realized that 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. 18 If an appraisal of the subject property or its contents was prepared, 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. 19 State the specific nature of your relationship with the insurance agent who sold Plaintiff the subject policy of insurance from calendar year 2015 to present date. State whether said insurance agent was authorized to sell or service your policies, and if so, state the specifics of its authority. 20 Please state if the Defendant anticipated this claim would go to litigation. If so, please state the date Defendant first anticipated this claim would proceed to litigation and the reason(s) that litigation was anticipated, along with the documents relied upon in coming to this determination, and the name of the person that made the determination. 21 Please state if the Defendant ever determined there was a disagreement as to the amount of damage to Plaintiffs property. If so, please state the date Defendant first determined there was a disagreement as to the amount of damage, who made this determination and what documents or things were relied upon in coming to this determination. 22. If a reserve was set by the Defendant, please state the following for the reserve Defendant set for the loss: a The amount of the reserve, when it was set, and who set it; b If the reserve was ever changed, the new amount, who changed it, and why it was changed for each time it was changed. JURAT Affiant STATE OF FLORIDA Ss COUNTY OF SUBSCRIBED and sworn to (or affirmed) before me _ this day of , 2024, by , who is personally known to me or has produced as identification. NOTARY PUBLIC, State of Florida