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Filing # 195493718 E-Filed 04/04/2024 01:46:03 PM
IN THE CIRCUIT COURT FOR THE 20TH
JUDICIAL CIRCUIT IN AND FOR
LEE COUNTY, FLORIDA
ROBERT BALKUM and SALLIE BALKUM,
GENERAL JURISDICTION DIVISION
Plaintiffs,
CASE NO.:
vs.
EDISON INSURANCE COMPANY,
Defendant.
/
PLAINTIFFS’ FIRST REQUEST FOR PRODUCTION OF DOCUMENTS
Plaintiffs, ROBERT BALKUM and SALLIE BALKUM (collectively referred to
hereafter as the “Insured”), pursuant to Rule 1.350 of the Florida Rules of Civil Procedure,
hereby request that Defendant, EDISON INSURANCE COMPANY (the “Insurance Company”),
make available for inspection and duplication, in response to each numbered paragraph, all
documents specified herein which are in its possession, custody or control or in the possession,
custody or control of its agents, accountants or attorneys. Defendant is requested to make such
production within the time period prescribed either by the Florida Rules of Civil Procedure or by
order of the Court, at The Law Offices of Grey & Mourin, P.A., 1400 NW 10th Ave., Ste.
RG6, Miami, FL 33136.
I. DEFINITIONS AND INSTRUCTIONS
1. The terms "you", "your(s)", “yourselves”, “defendant”, and/or “Insurance
Company” means the party or parties to which this request is addressed, and any agents,
representatives, attorneys or other persons acting or purporting to act, on its behalf.
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2. The term “person” means any natural person, individual, proprietorship,
partnership, corporation, association, organization, joint venture, firm, other business enterprise,
governmental body, group of natural persons, or other entity.
3. The “Complaint” means the Complaint filed by the Insured in this action.
4. The term "document" shall mean any written or graphic matter and other means of
preserving thought or expression and all tangible things from which information can be
processed or transcribed, including the originals and all non-identical copies, whether different
from the original by reason of any notation made on such copy or otherwise, including, but not
limited to, correspondence, memoranda, notes, messages, letters, telegrams, teletype, telefax,
bulletins, meetings or other communications, inter-office and intra-office telephone calls, diaries,
chronological data, minutes, books, reports, studies, summaries, pamphlets, bulletins, printed
matter, charts, ledgers, invoices, work-sheets, receipts, returns, computer printouts, prospectuses,
financial statements, schedules, affidavits, contracts, canceled checks, statements, transcripts,
statistics, surveys, magazine or newspaper articles, releases (and any and all drafts, alterations or
modifications, changes and amendments of any of the foregoing), graphic or aural records or
representations of any kind (including without limitation, photographs, microfiche, microfilm,
videotape, records and motion pictures) and electronic, mechanical or electric records or
representations of any kind (including without limitation, tapes, cassettes, discs and records).
5. The term "all documents" means every document or group of documents as above
defined that are known to you or that can be located or discovered by reasonably diligent efforts.
6. The term “Insurance Company” shall refer to the Defendant in this action, its
affiliates, subsidiaries, predecessors, successors, agents, attorneys and/or anyone else acting in its
behalf.
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7. The term "communication(s)" means every manner or means of disclosure,
transfer or exchange of information, whether in person, by telephone, mail, personal delivery or
otherwise.
8. As used herein, the singular shall include the plural, the plural shall include the
singular, and the masculine, feminine and neuter shall include each of the other genders.
9. The terms "and", “as well as” and "or" shall be construed disjunctively as well as
conjunctively as necessary to make the interrogatory inclusive rather than exclusive. The term
"all" means "any and all." The terms "each" and “every” means "each and every," the term
“including” means “including without limitation.”
10. The terms "referring to" or "relating to" mean setting forth, pertaining to,
memorializing, constituting, embodying, discussing, analyzing, reflecting or otherwise
concerning.
11. The terms "locate" or "location" means to state the present whereabouts of each
document and to identify the person(s) having possession, custody or control thereof.
12. The term "to date" shall mean the date on which you respond to this request.
13. When producing the required documents, please keep all documents segregated
by the file in which the documents are contained and indicate the name of the file in which the
documents are contained and the name of the documents being produced.
14. When producing the required documents, please produce all other documents that
are clipped, stapled or otherwise attached to any requested document.
15. In the event such file(s) or document(s) has (have) been removed, either for the
purpose of this action or for some other purpose, please state the name and address of the person
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who removed the file, the title of the file and each sub-file, if any, maintained within the file, and
the present location of the file.
16. The words "and" and "or" shall be construed either conjunctively or disjunctively
to bring within the scope of these requests any documents which might otherwise be construed to
be outside their scope.
17. If you claim that the attorney/client or any other privilege or the attorney's work
product doctrine applies to any document, the production of which is called for by these requests,
then for each such document, state its date, subject matter, author(s), recipient(s), present
custodian and all past custodians, and such additional information concerning the claim of
privilege or work product doctrine as will permit the adjudication of the propriety of the claim.
18. If you contend that it would be unreasonably burdensome to obtain and provide
all of the documents called for in response to any one of these requests, then in response to the
appropriate request:
(a) furnish each such document that is available to you without
undertaking what you contend to be an unreasonable burden;
(b) state with particularity the grounds on which you contend that
additional efforts to obtain such documents would be unreasonably
burdensome; and
(c) describe with particularity the efforts made by you to secure such
documents, including, without limitation, the identity of all persons
consulted, and files, records, and documents reviewed, and the
identity of each person who participated in gathering such
documents, including the duration of time spent and nature of work
done by each person.
19. Unless otherwise indicated, all requests include the time period from the date of
the Loss through the date you respond to this request.
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20. The term “Insured” shall refer to the Plaintiff(s), affiliates, predecessors,
successors, agents, attorneys and/or anyone else acting in their behalf.
II. LOST/DESTROYED DOCUMENTS
If any document to be produced was, but is no longer, in your possession, custody or
control and/or has been destroyed or is otherwise incapable of production or state: (a) the date,
place and means of the destruction; (b) the name and address of each person deciding upon,
participating in and having knowledge of the destruction; (c) the reason for the destruction; (d) if
not destroyed, the reason why the document is incapable of production; and (e) the subject matter
of the document.
III. DOCUMENTS REQUESTED
1. A true and correct certified copy of the insurance policy provided by the
Insurance Company to the Insured, for which this lawsuit is premised, including but not limited
to, declaration sheet(s), all addendums and attachments.
2. Each and every timesheet, log and all other documents reflecting time spent by
the Insurance Company at the Property.
3. Each and every document, evidencing the name, address, and the
position/relationship with the Insurance Company, of every individual who has visited or plans
to visit the Property on behalf of the Insurance Company.
4. Any and all correspondence or written communications from the Insurance
Company to the Insured, which in any manner pertain to the Insured’s loss as described in the
Complaint.
5. Any and all correspondence or written communications from the Insured, to the
Insurance Company which in any manner pertains to the Insured’s loss as described in the
Complaint.
6. Any and all photographs taken by the Insurance Company of the Property.
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7. All documents containing information regarding a statement by the Insured at any
time during the Insurance Company’s handling of the Insured’s loss, including adjuster notes,
claim reports, interoffice memorandum, tape recordings and any transcripts or written statements
from the Insured.
8. Any and all bills or estimates for repairs to the Property submitted to the
Insurance Company by the Insured.
9. Any and all checks paid to, or on behalf of the Insured, representing insurance
coverage payment(s) for the loss.
10. All reports which in any manner pertain to the Insured’s loss.
11. All documents reflecting Defendant’s efforts to investigate the loss.
12. All Proof of Loss forms pertaining to the subject loss that were sent or received
by you or your representatives to or from the Insured or the Insured’s representative.
13. Transcripts of all recorded statements taken by you or your representatives in
connection with the subject loss.
14. All photographs or videos taken by you or your representative(s) in connection
with the initial issuance or renewal of the subject Policy.
15. All inspection reports or other documents that evidence the cause of the damages
at issue in the subject claim as determined by you or your representative.
16. A current curriculum vitae (CV) or resume for each person retained on your
behalf for the purpose of rendering an opinion as to the cause or extent of the subject damage.
17. Any and all documents related to any and all other insurance claims made by
Petitioners which are not the subject of this action, including estimates, reports, pictures,
cancelled checks, releases, proofs of loss, recorded statements, transcripts of examinations under
oath, and correspondence by and between the parties.
18. All documents documenting or supporting Defendant’s affirmative defenses.
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19. All documents that support any denials by Defendant of Plaintiffs’ First Request
for Admissions.
20. All reports relating to the condition of the Insured Property before the loss.
21. All affidavits or sworn statements in your possession pertaining to the subject
loss.
22. Transcripts of all examinations under oath (EUO) taken by you or your
representatives in connection with the subject loss.
23. All documents reflecting Defendant’s inspection(s) of the Insured Property during
Defendant’s underwriting of all insurance policies Defendant issued to the Insured for the
Insured Property prior to the Date of Loss.
24. The underwriting file kept by Defendant regarding the Insured Property dating
from the inception of Defendant’s Policy on the Insured Premises through the present time.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing was served via
U.S. mail to: EDISON INSURANCE COMPANY c/o The Florida Chief Financial Officer as
RA, 200 E. Gaines Street, Tallahassee, Florida 32399-4201, on this 4th day of April, 2024.
The Law Offices of Grey & Mourin, P.A.
Counsel for the Insured
1400 NW 10th Avenue, Ste. RG6
Miami, Florida 33136
Telephone No. (305) 325-8119
Email: eservice@greyandmourin.com
Secondary Email: lourdes@greyandmourin.com
veronica@greyandmourin.com
By:/s/ Lourdes Rodriguez Brea
Lourdes Rodriguez Brea
Florida Bar No.: 104460
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Preview
Filing # 195493718 E-Filed 04/04/2024 01:46:03 PM IN THE CIRCUIT COURT FOR THE 20TH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA ROBERT BALKUM and SALLIE BALKUM, GENERAL JURISDICTION DIVISION Plaintiffs, CASE NO.: vs. EDISON INSURANCE COMPANY, Defendant. / PLAINTIFFS’ FIRST REQUEST FOR PRODUCTION OF DOCUMENTS Plaintiffs, ROBERT BALKUM and SALLIE BALKUM (collectively referred to hereafter as the “Insured”), pursuant to Rule 1.350 of the Florida Rules of Civil Procedure, hereby request that Defendant, EDISON INSURANCE COMPANY (the “Insurance Company”), make available for inspection and duplication, in response to each numbered paragraph, all documents specified herein which are in its possession, custody or control or in the possession, custody or control of its agents, accountants or attorneys. Defendant is requested to make such production within the time period prescribed either by the Florida Rules of Civil Procedure or by order of the Court, at The Law Offices of Grey & Mourin, P.A., 1400 NW 10th Ave., Ste. RG6, Miami, FL 33136. I. DEFINITIONS AND INSTRUCTIONS 1. The terms "you", "your(s)", “yourselves”, “defendant”, and/or “Insurance Company” means the party or parties to which this request is addressed, and any agents, representatives, attorneys or other persons acting or purporting to act, on its behalf. eFiled Lee County Clerk of Courts Page 1 2. The term “person” means any natural person, individual, proprietorship, partnership, corporation, association, organization, joint venture, firm, other business enterprise, governmental body, group of natural persons, or other entity. 3. The “Complaint” means the Complaint filed by the Insured in this action. 4. The term "document" shall mean any written or graphic matter and other means of preserving thought or expression and all tangible things from which information can be processed or transcribed, including the originals and all non-identical copies, whether different from the original by reason of any notation made on such copy or otherwise, including, but not limited to, correspondence, memoranda, notes, messages, letters, telegrams, teletype, telefax, bulletins, meetings or other communications, inter-office and intra-office telephone calls, diaries, chronological data, minutes, books, reports, studies, summaries, pamphlets, bulletins, printed matter, charts, ledgers, invoices, work-sheets, receipts, returns, computer printouts, prospectuses, financial statements, schedules, affidavits, contracts, canceled checks, statements, transcripts, statistics, surveys, magazine or newspaper articles, releases (and any and all drafts, alterations or modifications, changes and amendments of any of the foregoing), graphic or aural records or representations of any kind (including without limitation, photographs, microfiche, microfilm, videotape, records and motion pictures) and electronic, mechanical or electric records or representations of any kind (including without limitation, tapes, cassettes, discs and records). 5. The term "all documents" means every document or group of documents as above defined that are known to you or that can be located or discovered by reasonably diligent efforts. 6. The term “Insurance Company” shall refer to the Defendant in this action, its affiliates, subsidiaries, predecessors, successors, agents, attorneys and/or anyone else acting in its behalf. Page 2 of 7 eFiled Lee County Clerk of Courts Page 2 7. The term "communication(s)" means every manner or means of disclosure, transfer or exchange of information, whether in person, by telephone, mail, personal delivery or otherwise. 8. As used herein, the singular shall include the plural, the plural shall include the singular, and the masculine, feminine and neuter shall include each of the other genders. 9. The terms "and", “as well as” and "or" shall be construed disjunctively as well as conjunctively as necessary to make the interrogatory inclusive rather than exclusive. The term "all" means "any and all." The terms "each" and “every” means "each and every," the term “including” means “including without limitation.” 10. The terms "referring to" or "relating to" mean setting forth, pertaining to, memorializing, constituting, embodying, discussing, analyzing, reflecting or otherwise concerning. 11. The terms "locate" or "location" means to state the present whereabouts of each document and to identify the person(s) having possession, custody or control thereof. 12. The term "to date" shall mean the date on which you respond to this request. 13. When producing the required documents, please keep all documents segregated by the file in which the documents are contained and indicate the name of the file in which the documents are contained and the name of the documents being produced. 14. When producing the required documents, please produce all other documents that are clipped, stapled or otherwise attached to any requested document. 15. In the event such file(s) or document(s) has (have) been removed, either for the purpose of this action or for some other purpose, please state the name and address of the person Page 3 of 7 eFiled Lee County Clerk of Courts Page 3 who removed the file, the title of the file and each sub-file, if any, maintained within the file, and the present location of the file. 16. The words "and" and "or" shall be construed either conjunctively or disjunctively to bring within the scope of these requests any documents which might otherwise be construed to be outside their scope. 17. If you claim that the attorney/client or any other privilege or the attorney's work product doctrine applies to any document, the production of which is called for by these requests, then for each such document, state its date, subject matter, author(s), recipient(s), present custodian and all past custodians, and such additional information concerning the claim of privilege or work product doctrine as will permit the adjudication of the propriety of the claim. 18. If you contend that it would be unreasonably burdensome to obtain and provide all of the documents called for in response to any one of these requests, then in response to the appropriate request: (a) furnish each such document that is available to you without undertaking what you contend to be an unreasonable burden; (b) state with particularity the grounds on which you contend that additional efforts to obtain such documents would be unreasonably burdensome; and (c) describe with particularity the efforts made by you to secure such documents, including, without limitation, the identity of all persons consulted, and files, records, and documents reviewed, and the identity of each person who participated in gathering such documents, including the duration of time spent and nature of work done by each person. 19. Unless otherwise indicated, all requests include the time period from the date of the Loss through the date you respond to this request. Page 4 of 7 eFiled Lee County Clerk of Courts Page 4 20. The term “Insured” shall refer to the Plaintiff(s), affiliates, predecessors, successors, agents, attorneys and/or anyone else acting in their behalf. II. LOST/DESTROYED DOCUMENTS If any document to be produced was, but is no longer, in your possession, custody or control and/or has been destroyed or is otherwise incapable of production or state: (a) the date, place and means of the destruction; (b) the name and address of each person deciding upon, participating in and having knowledge of the destruction; (c) the reason for the destruction; (d) if not destroyed, the reason why the document is incapable of production; and (e) the subject matter of the document. III. DOCUMENTS REQUESTED 1. A true and correct certified copy of the insurance policy provided by the Insurance Company to the Insured, for which this lawsuit is premised, including but not limited to, declaration sheet(s), all addendums and attachments. 2. Each and every timesheet, log and all other documents reflecting time spent by the Insurance Company at the Property. 3. Each and every document, evidencing the name, address, and the position/relationship with the Insurance Company, of every individual who has visited or plans to visit the Property on behalf of the Insurance Company. 4. Any and all correspondence or written communications from the Insurance Company to the Insured, which in any manner pertain to the Insured’s loss as described in the Complaint. 5. Any and all correspondence or written communications from the Insured, to the Insurance Company which in any manner pertains to the Insured’s loss as described in the Complaint. 6. Any and all photographs taken by the Insurance Company of the Property. Page 5 of 7 eFiled Lee County Clerk of Courts Page 5 7. All documents containing information regarding a statement by the Insured at any time during the Insurance Company’s handling of the Insured’s loss, including adjuster notes, claim reports, interoffice memorandum, tape recordings and any transcripts or written statements from the Insured. 8. Any and all bills or estimates for repairs to the Property submitted to the Insurance Company by the Insured. 9. Any and all checks paid to, or on behalf of the Insured, representing insurance coverage payment(s) for the loss. 10. All reports which in any manner pertain to the Insured’s loss. 11. All documents reflecting Defendant’s efforts to investigate the loss. 12. All Proof of Loss forms pertaining to the subject loss that were sent or received by you or your representatives to or from the Insured or the Insured’s representative. 13. Transcripts of all recorded statements taken by you or your representatives in connection with the subject loss. 14. All photographs or videos taken by you or your representative(s) in connection with the initial issuance or renewal of the subject Policy. 15. All inspection reports or other documents that evidence the cause of the damages at issue in the subject claim as determined by you or your representative. 16. A current curriculum vitae (CV) or resume for each person retained on your behalf for the purpose of rendering an opinion as to the cause or extent of the subject damage. 17. Any and all documents related to any and all other insurance claims made by Petitioners which are not the subject of this action, including estimates, reports, pictures, cancelled checks, releases, proofs of loss, recorded statements, transcripts of examinations under oath, and correspondence by and between the parties. 18. All documents documenting or supporting Defendant’s affirmative defenses. Page 6 of 7 eFiled Lee County Clerk of Courts Page 6 19. All documents that support any denials by Defendant of Plaintiffs’ First Request for Admissions. 20. All reports relating to the condition of the Insured Property before the loss. 21. All affidavits or sworn statements in your possession pertaining to the subject loss. 22. Transcripts of all examinations under oath (EUO) taken by you or your representatives in connection with the subject loss. 23. All documents reflecting Defendant’s inspection(s) of the Insured Property during Defendant’s underwriting of all insurance policies Defendant issued to the Insured for the Insured Property prior to the Date of Loss. 24. The underwriting file kept by Defendant regarding the Insured Property dating from the inception of Defendant’s Policy on the Insured Premises through the present time. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing was served via U.S. mail to: EDISON INSURANCE COMPANY c/o The Florida Chief Financial Officer as RA, 200 E. Gaines Street, Tallahassee, Florida 32399-4201, on this 4th day of April, 2024. The Law Offices of Grey & Mourin, P.A. Counsel for the Insured 1400 NW 10th Avenue, Ste. RG6 Miami, Florida 33136 Telephone No. (305) 325-8119 Email: eservice@greyandmourin.com Secondary Email: lourdes@greyandmourin.com veronica@greyandmourin.com By:/s/ Lourdes Rodriguez Brea Lourdes Rodriguez Brea Florida Bar No.: 104460 Page 7 of 7 eFiled Lee County Clerk of Courts Page 7