Preview
Filing # 195496212 E-Filed 04/04/2024 02:02:46 PM
IN THE CIRCUIT COURT OF THE 20TH
JUDICIAL CIRCUIT IN AND FOR LEE
COUNTY, FLORIDA
CASE NO.:
FOTIOS CARANICOLAS,
Plaintiff,
v.
AMERICAN STRATEGIC INSURANCE
CORP.,
Defendant.
________________________________________/
PLAINTIFF’S REQUEST FOR PRODUCTION
PLEASE TAKE NOTICE that the Defendant, AMERICAN STRATEGIC
INSURANCE CORP., is required to PRODUCE for DISCOVERY and INSPECTION the
following documents and items in its actual or constructive control, for use by the undersigned
attorney for the Plaintiff pursuant to the applicable Florida Rules of Civil Procedure. Said items
shall be produced at the office of PROPERTY LITIGATION GROUP, PLLC, 2750 SW 145TH
Ave, Suite 509, Miramar, Florida 33027 on or before 30 days after receipt of these requests.
Said material, unless otherwise requested, shall be for the current year and each of the five
(5) years prior thereto.
PLEASE TAKE NOTICE THAT if any of such books, records or papers or things
are in the possession or control of any other person, that you are required to deliver to the
undersigned within the specified period, a written general description thereof, sufficient to identify
them, together with the names and addresses of the persons who have custody or control of them,
so that they may be sufficiently described to be included in a subsequent subpoena directed to such
person who has custody or control over said documents.
PLEASE TAKE FURTHER NOTICE that you are also required to produce the
original of the above records at the time of the final hearing in this cause.
I. DEFINITIONS
A. The term "documents" means all writings of any kind, including the originals and all non-
identical copies, whether different from the original by reason of any notation made on such copies
or otherwise, including (without limitations) correspondence, memoranda, notes, diaries, statistics,
letters, telegrams, minutes, contracts, reports, studies, checks, statements, receipts, returns,
PROPERTY LITIGATION GROUP, PLLC
2750 SW 145TH Ave., Ste. 509│ Miramar, Florida 33027 │ Phone: (786) 703-8810
-1-
eFiled Lee County Clerk of Courts Page 1
summaries, pamphlets, books, prospectuses, inter-office and intra-office communications, offers,
notations of any sort of conversation, telephone calls, meetings or other communications, bulletins,
printed matter, computer print-outs, teletypes, telefax, invoices, worksheets and all drafts,
alterations, modifications, changes, and amendments of any of the foregoing, graphic or aural
writs, records or representations of any kind, including (without limitations) photographs, charts,
graphs, microfiche, microfilm, videotape, recordings, motion pictures; and electronic, mechanical
or electric records or representations of any kind, including (without limitation) tapes, cassettes,
computer magnetic or optical disc media and disc recordings.
B. The term "relating to" as used herein is defined to mean evidencing, referring to, pertaining
to, consisting of, reflecting, concerning, or in any way logically or factually connected with the
matter discussed.
C. As used in this Discovery request, the phrases "describe and explain", and "state" are
intended to and shall be interpreted to request a full and fair statement of the fact or matter being
described and explained, including a statement of all facts, statements, events and circumstances
necessary to understand and evaluate the fact or matter being described and explained.
D. Each of the following discovery requests seeking an identification of documents is intended
to be interpreted to request and require:
1. The date of the document;
2. The originator of the document;
3. The type of document;
4. The addressee of the document, if any;
5. Identification of persons to whom copies of the documents were furnished;
6. Details as to the custody of the document on the date the Interrogatories are
answered;
7. Specific page numbers where the information requested may be found, if
appropriate; or, alternatively, documents may be identified by numbering each such
document and referring to the number in the answer and providing a true copy of
each such numbered document with the Answers to Interrogatories.
E. Each of the following Discovery Requests or Interrogatories requesting the identification
of persons is intended to be interpreted to request and require for each witness known to the
Defendant:
1. The name of the individual;
2. The last known address and phone number of the individual;
3. The place of employment of the individual and the person's last known address;
4. The substance of the witnesses' knowledge or information relating to the
information requested.
"Policy": Means that certain insurance policy as described in the complaint
"Defendant" or “You”: Means Defendant, its attorneys, agents, partners, employees,
PROPERTY LITIGATION GROUP, PLLC
2750 SW 145TH Ave., Ste. 509│ Miramar, Florida 33027 │ Phone: (786) 703-8810
-2-
eFiled Lee County Clerk of Courts Page 2
officers, directors, stockholders, and all other persons acting on its
behalf.
"Person": Means all individuals, corporations, partnerships, joint venture
groups, associations, governmental agencies and all other
organizations.
"Document": means all written, typed, photographic, computerized or printed
materials, including but not limited to the original and all non-
identical copies of all letters, books, records, charts, ledgers, drafts,
checks, check stubs, passbooks, certificates, graphs, facsimile
transmissions, telegrams, reports, contracts, invoices, receipts,
brochures, pamphlets, studies, lists, notes, memoranda, computer
printouts, data processing cards, pictures, drawings, diagrams,
sketches, video tapes, motion pictures, blue-prints, photographs,
microfilm, microfiche, computer discs and all other materials or
documentation which pertains or contains information directly or
indirectly, in whole or in part, and in any manner, to any of the
subjects inquired about.
F. 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.
G. Unless otherwise indicated, all requests include the time period from the date of the Loss
through the date you respond to this request.
H. The term “Insured” shall refer to the Plaintiff, 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
PROPERTY LITIGATION GROUP, PLLC
2750 SW 145TH Ave., Ste. 509│ Miramar, Florida 33027 │ Phone: (786) 703-8810
-3-
eFiled Lee County Clerk of Courts Page 3
and/or has been destroyed or is otherwise incapable of production, please 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.
INSTRUCTIONS
Before answering the following Discovery requests and/or Interrogatories, will you please make
such inquiries of your agents, servants, employees and/or attorneys as will enable you to make full
and true answers to the following, in accordance with the applicable Florida Rules of Civil
Procedure. Additionally, if more space is required, please use a separate sheet of paper and attach
same behind the sheet where the respective question appears.
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.
PROPERTY LITIGATION GROUP, PLLC
2750 SW 145TH Ave., Ste. 509│ Miramar, Florida 33027 │ Phone: (786) 703-8810
-4-
eFiled Lee County Clerk of Courts Page 4
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 documents which support or tend to support Defendant's denial of any of Plaintiff's
requests for Admissions.
11. Every document which supports or tends to support or evidence each of Defendant's
affirmative defenses.
12. All inspection reports created by Defendant for the subject property.
13. All inspection reports that were created by Defendant to determine if Defendant should
issue an insurance policy for the subject property.
14. All inspection reports that were created by Defendant for the subject property prior to
issuing a policy of insurance to Plaintiff.
15. All inspection reports that were given to Defendant either by Plaintiff or any prior
homeowner of the property at issue.
16. All inspection reports created by Defendant that were given to Plaintiff or any prior
homeowner of the property at issue.
17. The underwriting file pertaining to the property at issue.
18. All documents of and portions of the claims file that Defendant will use at trial.
PROPERTY LITIGATION GROUP, PLLC
2750 SW 145TH Ave., Ste. 509│ Miramar, Florida 33027 │ Phone: (786) 703-8810
-5-
eFiled Lee County Clerk of Courts Page 5
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was e-filed with the
Clerk of Court and served by electronic mail designation pursuant to Fla. R. Jud. Admin 2.516,
and/or the Florida Courts E-Filing Portal to , Counsel for Defendant, at ; on April 4, 2024.
Respectfully submitted,
/s/ Michael Wojnar, Esq.
Michael Wojnar, Esq.
Bar No.: 1031406
Property Litigation Group, PLLC
Attorneys for Plaintiff
2750 SW 145th AVE
Suite 509
Miramar, FL 33027
Primary Email: service@plglawyersfl.com
Secondary Email:
mwojnar@plglawyersfl.com
Alternate Email:
asardinas@plglawyersfl.com
PH: (786) 703-8810
PROPERTY LITIGATION GROUP, PLLC
2750 SW 145TH Ave., Ste. 509│ Miramar, Florida 33027 │ Phone: (786) 703-8810
-6-
eFiled Lee County Clerk of Courts Page 6
Preview
Filing # 195496212 E-Filed 04/04/2024 02:02:46 PM IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA CASE NO.: FOTIOS CARANICOLAS, Plaintiff, v. AMERICAN STRATEGIC INSURANCE CORP., Defendant. ________________________________________/ PLAINTIFF’S REQUEST FOR PRODUCTION PLEASE TAKE NOTICE that the Defendant, AMERICAN STRATEGIC INSURANCE CORP., is required to PRODUCE for DISCOVERY and INSPECTION the following documents and items in its actual or constructive control, for use by the undersigned attorney for the Plaintiff pursuant to the applicable Florida Rules of Civil Procedure. Said items shall be produced at the office of PROPERTY LITIGATION GROUP, PLLC, 2750 SW 145TH Ave, Suite 509, Miramar, Florida 33027 on or before 30 days after receipt of these requests. Said material, unless otherwise requested, shall be for the current year and each of the five (5) years prior thereto. PLEASE TAKE NOTICE THAT if any of such books, records or papers or things are in the possession or control of any other person, that you are required to deliver to the undersigned within the specified period, a written general description thereof, sufficient to identify them, together with the names and addresses of the persons who have custody or control of them, so that they may be sufficiently described to be included in a subsequent subpoena directed to such person who has custody or control over said documents. PLEASE TAKE FURTHER NOTICE that you are also required to produce the original of the above records at the time of the final hearing in this cause. I. DEFINITIONS A. The term "documents" means all writings of any kind, including the originals and all non- identical copies, whether different from the original by reason of any notation made on such copies or otherwise, including (without limitations) correspondence, memoranda, notes, diaries, statistics, letters, telegrams, minutes, contracts, reports, studies, checks, statements, receipts, returns, PROPERTY LITIGATION GROUP, PLLC 2750 SW 145TH Ave., Ste. 509│ Miramar, Florida 33027 │ Phone: (786) 703-8810 -1- eFiled Lee County Clerk of Courts Page 1 summaries, pamphlets, books, prospectuses, inter-office and intra-office communications, offers, notations of any sort of conversation, telephone calls, meetings or other communications, bulletins, printed matter, computer print-outs, teletypes, telefax, invoices, worksheets and all drafts, alterations, modifications, changes, and amendments of any of the foregoing, graphic or aural writs, records or representations of any kind, including (without limitations) photographs, charts, graphs, microfiche, microfilm, videotape, recordings, motion pictures; and electronic, mechanical or electric records or representations of any kind, including (without limitation) tapes, cassettes, computer magnetic or optical disc media and disc recordings. B. The term "relating to" as used herein is defined to mean evidencing, referring to, pertaining to, consisting of, reflecting, concerning, or in any way logically or factually connected with the matter discussed. C. As used in this Discovery request, the phrases "describe and explain", and "state" are intended to and shall be interpreted to request a full and fair statement of the fact or matter being described and explained, including a statement of all facts, statements, events and circumstances necessary to understand and evaluate the fact or matter being described and explained. D. Each of the following discovery requests seeking an identification of documents is intended to be interpreted to request and require: 1. The date of the document; 2. The originator of the document; 3. The type of document; 4. The addressee of the document, if any; 5. Identification of persons to whom copies of the documents were furnished; 6. Details as to the custody of the document on the date the Interrogatories are answered; 7. Specific page numbers where the information requested may be found, if appropriate; or, alternatively, documents may be identified by numbering each such document and referring to the number in the answer and providing a true copy of each such numbered document with the Answers to Interrogatories. E. Each of the following Discovery Requests or Interrogatories requesting the identification of persons is intended to be interpreted to request and require for each witness known to the Defendant: 1. The name of the individual; 2. The last known address and phone number of the individual; 3. The place of employment of the individual and the person's last known address; 4. The substance of the witnesses' knowledge or information relating to the information requested. "Policy": Means that certain insurance policy as described in the complaint "Defendant" or “You”: Means Defendant, its attorneys, agents, partners, employees, PROPERTY LITIGATION GROUP, PLLC 2750 SW 145TH Ave., Ste. 509│ Miramar, Florida 33027 │ Phone: (786) 703-8810 -2- eFiled Lee County Clerk of Courts Page 2 officers, directors, stockholders, and all other persons acting on its behalf. "Person": Means all individuals, corporations, partnerships, joint venture groups, associations, governmental agencies and all other organizations. "Document": means all written, typed, photographic, computerized or printed materials, including but not limited to the original and all non- identical copies of all letters, books, records, charts, ledgers, drafts, checks, check stubs, passbooks, certificates, graphs, facsimile transmissions, telegrams, reports, contracts, invoices, receipts, brochures, pamphlets, studies, lists, notes, memoranda, computer printouts, data processing cards, pictures, drawings, diagrams, sketches, video tapes, motion pictures, blue-prints, photographs, microfilm, microfiche, computer discs and all other materials or documentation which pertains or contains information directly or indirectly, in whole or in part, and in any manner, to any of the subjects inquired about. F. 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. G. Unless otherwise indicated, all requests include the time period from the date of the Loss through the date you respond to this request. H. The term “Insured” shall refer to the Plaintiff, 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 PROPERTY LITIGATION GROUP, PLLC 2750 SW 145TH Ave., Ste. 509│ Miramar, Florida 33027 │ Phone: (786) 703-8810 -3- eFiled Lee County Clerk of Courts Page 3 and/or has been destroyed or is otherwise incapable of production, please 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. INSTRUCTIONS Before answering the following Discovery requests and/or Interrogatories, will you please make such inquiries of your agents, servants, employees and/or attorneys as will enable you to make full and true answers to the following, in accordance with the applicable Florida Rules of Civil Procedure. Additionally, if more space is required, please use a separate sheet of paper and attach same behind the sheet where the respective question appears. 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. PROPERTY LITIGATION GROUP, PLLC 2750 SW 145TH Ave., Ste. 509│ Miramar, Florida 33027 │ Phone: (786) 703-8810 -4- eFiled Lee County Clerk of Courts Page 4 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 documents which support or tend to support Defendant's denial of any of Plaintiff's requests for Admissions. 11. Every document which supports or tends to support or evidence each of Defendant's affirmative defenses. 12. All inspection reports created by Defendant for the subject property. 13. All inspection reports that were created by Defendant to determine if Defendant should issue an insurance policy for the subject property. 14. All inspection reports that were created by Defendant for the subject property prior to issuing a policy of insurance to Plaintiff. 15. All inspection reports that were given to Defendant either by Plaintiff or any prior homeowner of the property at issue. 16. All inspection reports created by Defendant that were given to Plaintiff or any prior homeowner of the property at issue. 17. The underwriting file pertaining to the property at issue. 18. All documents of and portions of the claims file that Defendant will use at trial. PROPERTY LITIGATION GROUP, PLLC 2750 SW 145TH Ave., Ste. 509│ Miramar, Florida 33027 │ Phone: (786) 703-8810 -5- eFiled Lee County Clerk of Courts Page 5 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was e-filed with the Clerk of Court and served by electronic mail designation pursuant to Fla. R. Jud. Admin 2.516, and/or the Florida Courts E-Filing Portal to , Counsel for Defendant, at ; on April 4, 2024. Respectfully submitted, /s/ Michael Wojnar, Esq. Michael Wojnar, Esq. Bar No.: 1031406 Property Litigation Group, PLLC Attorneys for Plaintiff 2750 SW 145th AVE Suite 509 Miramar, FL 33027 Primary Email: service@plglawyersfl.com Secondary Email: mwojnar@plglawyersfl.com Alternate Email: asardinas@plglawyersfl.com PH: (786) 703-8810 PROPERTY LITIGATION GROUP, PLLC 2750 SW 145TH Ave., Ste. 509│ Miramar, Florida 33027 │ Phone: (786) 703-8810 -6- eFiled Lee County Clerk of Courts Page 6