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IN THE COUNTY COURT OF THE
EIGHTEENTH JUDICIAL CIRCUIT IN AND
FOR SEMINOLE COUNTY, FLORIDA
CASE NO: 2024SC001916
THE KIDWELL GROUP LLC d/b/a AIR
QUALITY ASSESSORS OF FLORIDA a/a/o
Lourdes Reyes,
Plaintiff,
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TYPTAP INSURANCE COMPANY,
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Defendant.
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PLAINTIFF'S FIRST REQUEST TO PRODUCE
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COMES NOW the Plaintiff, by and through its undersigned attorney, and pursuant to
Fla. R. C. Pro. 1.350, requests production of the following documents from the Defendant,
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hereinafter referred to as “Defendant” within forty-five (45) days from the date of service hereof.
Plaintiff requests that Defendant produce the copies of the documents c/o Plaintiff's attorney.
U N INSTRUCTIONS:
The following apply to this Discovery Request:
a. In producing documents and other materials, you are requested to furnish all
documents or things in your possession, custody, or control, regardless of whether such
documents or materials are possessed directly by you or your agents, employees,
representatives, affiliates, investigators by any corporation, person or entity affiliated with,
related to, or owned or controlled in whole or in part by you, or by your attorneys or their agents,
employees, representatives, affiliates, investigators by any corporation, person or entity affiliated
with, related to, or owned or controlled in whole or in part by you, or by your attorneys or their
agents, employees, representatives or investigators.
b. If any requested document or thing cannot be produced in full, produce to the
extent possible, indicating what document or portion of that document is being withheld and the
reason that document is being withheld.
c. In producing documents, you are requested to produce the original of each
document requested together with all non-identical copies and drafts of that document. If the
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original of any document cannot be located, a copy shall be produced in lieu thereof, and shall be
legible and bound or stapled in the same manner as the original.
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d. All documents shall be produced in the file, folder, envelope or other container in
which the documents are kept or maintained. If, for any reason, the container cannot be
produced, please produce copies of all labels or other identifying markings.
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e. A request for each document "mentioning, discussing, relating or referring to" a
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subject matter extend to each document that constitutes, contains, supports, modifies, contradicts,
criticizes, concerns, describes, records, reports, reflects, relates to, was prepared in connection
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with, arises from, or is or has been collected, recorded, by a present or former agent,
representative, officer, employee, attorney, board, committee or subcommittee, or any other
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person acting or purporting to act on your behalf in relation to the subject matter specified.
f. Documents not otherwise responsive to this Discovery Request shall be produced
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if such documents mention, discuss or refer to, or explain the documents which are called for by
this Discovery Request or if such documents are attached to documents called for by this
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Discovery Request and constitute deposit slips, transmittal memoranda, letters, comments,
evaluation, or similar materials.
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g. If a document once existed and has subsequently been lost, destroyed, or is
otherwise missing, please provide sufficient information to identify the documents and state the
details concerning its loss.
h. If you claim the attorney-client privilege or any other privilege or work product
protection for any document, with respect to that document:
(1) state the date of the document;
(2) identify each and every author of the document;
(3) identify each and every other person who prepared or participated in the
preparation of the document;
(4) identify each and every person who received the document;
(5) identify each and every person from whom the document was received;
(6) state the present location of the document and all copies thereof;
(7) identify each and every person having custody or control of the document
and all copies thereof; and
(8) provide sufficient further information concerning the document and the
circumstances and general content thereof to explain the claim of privilege
or protection and to permit the adjudication of the propriety of the claim.
i. In producing the documents and other materials responsive to these requests,
identify by paragraph and subparagraph the request to which each produced document is
responsive. If a document is responsive to more than one request, each request to which it is
responsive should be identified.
j. Any requests for a document "written by" a person, or correspondence "between"
certain persons shall include, without limitation, all correspondence or other documents written
by, addressed to, received by, copied to, or signed by such person in and capacity, whether as an
agent, employee, employer, director, officer, shareholder, attorney, accountant, or representative
of any person.
DEFINITIONS
"Document" is used herein in its customary legal broad sense, and includes without
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limitation, any kind of written or graphic matter, however produced or reproduced, of any kind
or description, whether sent or received or neither, including originals, copies and drafts and both
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sides thereof, and including but not limited to: papers, books, letters. photographs, objects,
tangible things, correspondence, telegrams, cables, telex messages, computer discs memoranda,
notes, notations, work papers, transcript, minutes, reports, drawings, blueprints, and tape
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recording of any size, and recordings of telephone or other conversations, or of interviews,
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conferences, or other meeting, statements, summaries, opinions, reports, studies, analyses,
evaluations, contracts, agreements, journal, statistical reports, desk calendars, appointment
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books, diaries, lists, tabulations, summaries, sound recordings, computer printouts, data
processing, input and output, microfilms, and all other records kept by electronic, photographic
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or mechanical means, and things similar to any of the foregoing, however denominated.
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DOCUMENTS TO BE PRODUCED
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1. A true and correct certified copy of the insurance policy described in the
complaint, including all declaration sheet(s), addendums, endorsements and attachments.
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2. Any and all correspondence or written communication from Defendant, or
Defendant's agents to Plaintiff, or Plaintiff's agents, which references or relates to the subject loss
at the subject property.
3. Any and all correspondence or written communications from Plaintiff, or
Plaintiff's agents to Defendant, or Defendant's agents, which references or relates to the subject
loss at the subject property.
4. Any and all correspondence or written communication from Defendant, or
Defendant's agents to the insured, or the insured’s agent or representative, which references or
relates to the subject loss at the subject property.
5. Any and all photographs in the Defendant’s possession showing the extent of
damage to the insured premises involved herein as were taken prior to the filing of this lawsuit.
6. Any and all tape recordings of any statements made by Plaintiff or Plaintiff's
agents or employees.
7. Any and all transcripts or written statements from the insured including, without
limitation, transcripts of examinations under oath.
8. Copies of each and every bill or estimate for repair to the subject property and
related to the subject loss submitted to Defendant by anyone.
9. Any and all written estimates or reports reflecting examination or inspection by
Defendant or Defendant's agents of any of the damage reported to the insured premises.
10. Any and all brochures, summary statements, pamphlets and advertising materials
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prepared by or on behalf of Defendant and disseminated to insurance agencies or policyholders
which in any manner describe the coverages and/or exclusions under the same type of policy
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involved in this action.
11. Defendant's entire claim file for the subject claim. If Defendant withholds any
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documents, please include a privilege log that complies with Florida law.
12.
F IAll documents relating to or supporting Defendant's denial of any allegation of
Plaintiff's petition, and relating to or supporting each affirmative or general defense asserted by
Defendant.
13.
O F All documents relating to or supporting Defendant's denial of payment to the
Plaintiff for the services rendered to the insured.
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14. Any and all documents related to any and all other insurance claims made by the
insureds regarding the subject property which are not the subject of this action, including
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estimates, reports, pictures, cancelled checks, releases, proofs of loss, recorded statements,
transcripts of examinations under oath, and correspondence by and between the parties related to
any and all said other claims.
15. Copies of any and all payments made to anyone regarding the subject loss at the
subject property.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on April 4, 2024, I electronically filed the foregoing with the
Clerk of Court by using the ECF system, which will send a notice to all counsel of record.
/s/ William S England________
William S England, Esquire
Fla. Bar No.: 0098941
Chad A. Barr, Esquire
Fla. Bar No.: 55365
Law Office of Chad A. Barr, P.A.
238 N. Westmonte Dr., Suite 200
Altamonte Springs, Florida 32714
Telephone: (407) 599-9036
wseservice@chadbarrlaw.com (Primary)
will@chadbarrlaw.com (Secondary)
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IN THE COUNTY COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR SEMINOLE COUNTY, FLORIDA CASE NO: 2024SC001916 THE KIDWELL GROUP LLC d/b/a AIR QUALITY ASSESSORS OF FLORIDA a/a/o Lourdes Reyes, Plaintiff, L TYPTAP INSURANCE COMPANY, IA Defendant. C PLAINTIFF'S FIRST REQUEST TO PRODUCE F I COMES NOW the Plaintiff, by and through its undersigned attorney, and pursuant to Fla. R. C. Pro. 1.350, requests production of the following documents from the Defendant, O F hereinafter referred to as “Defendant” within forty-five (45) days from the date of service hereof. Plaintiff requests that Defendant produce the copies of the documents c/o Plaintiff's attorney. U N INSTRUCTIONS: The following apply to this Discovery Request: a. In producing documents and other materials, you are requested to furnish all documents or things in your possession, custody, or control, regardless of whether such documents or materials are possessed directly by you or your agents, employees, representatives, affiliates, investigators by any corporation, person or entity affiliated with, related to, or owned or controlled in whole or in part by you, or by your attorneys or their agents, employees, representatives, affiliates, investigators by any corporation, person or entity affiliated with, related to, or owned or controlled in whole or in part by you, or by your attorneys or their agents, employees, representatives or investigators. b. If any requested document or thing cannot be produced in full, produce to the extent possible, indicating what document or portion of that document is being withheld and the reason that document is being withheld. c. In producing documents, you are requested to produce the original of each document requested together with all non-identical copies and drafts of that document. If the L original of any document cannot be located, a copy shall be produced in lieu thereof, and shall be legible and bound or stapled in the same manner as the original. IA d. All documents shall be produced in the file, folder, envelope or other container in which the documents are kept or maintained. If, for any reason, the container cannot be produced, please produce copies of all labels or other identifying markings. C e. A request for each document "mentioning, discussing, relating or referring to" a I subject matter extend to each document that constitutes, contains, supports, modifies, contradicts, criticizes, concerns, describes, records, reports, reflects, relates to, was prepared in connection F with, arises from, or is or has been collected, recorded, by a present or former agent, representative, officer, employee, attorney, board, committee or subcommittee, or any other F person acting or purporting to act on your behalf in relation to the subject matter specified. f. Documents not otherwise responsive to this Discovery Request shall be produced O if such documents mention, discuss or refer to, or explain the documents which are called for by this Discovery Request or if such documents are attached to documents called for by this N Discovery Request and constitute deposit slips, transmittal memoranda, letters, comments, evaluation, or similar materials. U g. If a document once existed and has subsequently been lost, destroyed, or is otherwise missing, please provide sufficient information to identify the documents and state the details concerning its loss. h. If you claim the attorney-client privilege or any other privilege or work product protection for any document, with respect to that document: (1) state the date of the document; (2) identify each and every author of the document; (3) identify each and every other person who prepared or participated in the preparation of the document; (4) identify each and every person who received the document; (5) identify each and every person from whom the document was received; (6) state the present location of the document and all copies thereof; (7) identify each and every person having custody or control of the document and all copies thereof; and (8) provide sufficient further information concerning the document and the circumstances and general content thereof to explain the claim of privilege or protection and to permit the adjudication of the propriety of the claim. i. In producing the documents and other materials responsive to these requests, identify by paragraph and subparagraph the request to which each produced document is responsive. If a document is responsive to more than one request, each request to which it is responsive should be identified. j. Any requests for a document "written by" a person, or correspondence "between" certain persons shall include, without limitation, all correspondence or other documents written by, addressed to, received by, copied to, or signed by such person in and capacity, whether as an agent, employee, employer, director, officer, shareholder, attorney, accountant, or representative of any person. DEFINITIONS "Document" is used herein in its customary legal broad sense, and includes without L limitation, any kind of written or graphic matter, however produced or reproduced, of any kind or description, whether sent or received or neither, including originals, copies and drafts and both IA sides thereof, and including but not limited to: papers, books, letters. photographs, objects, tangible things, correspondence, telegrams, cables, telex messages, computer discs memoranda, notes, notations, work papers, transcript, minutes, reports, drawings, blueprints, and tape C recording of any size, and recordings of telephone or other conversations, or of interviews, I conferences, or other meeting, statements, summaries, opinions, reports, studies, analyses, evaluations, contracts, agreements, journal, statistical reports, desk calendars, appointment F books, diaries, lists, tabulations, summaries, sound recordings, computer printouts, data processing, input and output, microfilms, and all other records kept by electronic, photographic F or mechanical means, and things similar to any of the foregoing, however denominated. O DOCUMENTS TO BE PRODUCED N 1. A true and correct certified copy of the insurance policy described in the complaint, including all declaration sheet(s), addendums, endorsements and attachments. U 2. Any and all correspondence or written communication from Defendant, or Defendant's agents to Plaintiff, or Plaintiff's agents, which references or relates to the subject loss at the subject property. 3. Any and all correspondence or written communications from Plaintiff, or Plaintiff's agents to Defendant, or Defendant's agents, which references or relates to the subject loss at the subject property. 4. Any and all correspondence or written communication from Defendant, or Defendant's agents to the insured, or the insured’s agent or representative, which references or relates to the subject loss at the subject property. 5. Any and all photographs in the Defendant’s possession showing the extent of damage to the insured premises involved herein as were taken prior to the filing of this lawsuit. 6. Any and all tape recordings of any statements made by Plaintiff or Plaintiff's agents or employees. 7. Any and all transcripts or written statements from the insured including, without limitation, transcripts of examinations under oath. 8. Copies of each and every bill or estimate for repair to the subject property and related to the subject loss submitted to Defendant by anyone. 9. Any and all written estimates or reports reflecting examination or inspection by Defendant or Defendant's agents of any of the damage reported to the insured premises. 10. Any and all brochures, summary statements, pamphlets and advertising materials L prepared by or on behalf of Defendant and disseminated to insurance agencies or policyholders which in any manner describe the coverages and/or exclusions under the same type of policy IA involved in this action. 11. Defendant's entire claim file for the subject claim. If Defendant withholds any C documents, please include a privilege log that complies with Florida law. 12. F IAll documents relating to or supporting Defendant's denial of any allegation of Plaintiff's petition, and relating to or supporting each affirmative or general defense asserted by Defendant. 13. O F All documents relating to or supporting Defendant's denial of payment to the Plaintiff for the services rendered to the insured. N 14. Any and all documents related to any and all other insurance claims made by the insureds regarding the subject property which are not the subject of this action, including U estimates, reports, pictures, cancelled checks, releases, proofs of loss, recorded statements, transcripts of examinations under oath, and correspondence by and between the parties related to any and all said other claims. 15. Copies of any and all payments made to anyone regarding the subject loss at the subject property. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on April 4, 2024, I electronically filed the foregoing with the Clerk of Court by using the ECF system, which will send a notice to all counsel of record. /s/ William S England________ William S England, Esquire Fla. Bar No.: 0098941 Chad A. Barr, Esquire Fla. Bar No.: 55365 Law Office of Chad A. Barr, P.A. 238 N. Westmonte Dr., Suite 200 Altamonte Springs, Florida 32714 Telephone: (407) 599-9036 wseservice@chadbarrlaw.com (Primary) will@chadbarrlaw.com (Secondary) IAL F I C O F U N