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Filing # 195558936 E-Filed 04/05/2024 10:21:54 AM
IN THE CIRCUIT COURT IN AND FOR LEE COUNTY, FLORIDA
CARLOS ALARCON, CASE NO.
Plaintiff,
vs.
FLORIDA INSURANCE GUARANTY
ASSOCIATION
Defendant.
.
PLAINTIFF'S NOTICE OF SERVICE OF INTERROGATORIES
COMES NOW Plaintiffs, by and through the undersigned attorneys, and pursuant to the
applicable Florida Rules of Civil Procedure, hereby requests Defendant to answer the following
Interrogatories, under oath, within the time prescribe by the applicable Florida Rules of Civil
Procedure.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing was to be served upon
Defendant.
DUBOFF LAW FIRM
ATTORNEYS FOR PLAINTIFF
680 N.E. 127 STREET
NORTH MIAMI, FLORIDA 33161
TELEPHONE (305) 899-0085
COURTDOCUMENT@DUBOFFLAWFIRM.COM
BY: /S KENNETH R. DUBOFF
KENNETH R. DUBOFF, ESQ.
FLA. BAR # 218261
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INTERROGATORIES
1. What is your name, address and, if you are answering for someone else, your official position with
or relationship to the Insurer to whom the Interrogatories are directed?
2. Please state, in detail and with as much specificity as possible, any and all contractual conditions
precedent (including, but not limited to, those specifically identified in the “CONDITIONS” section
of the policy that is the subject of this action) that you contend the Insured has not fulfilled (whether
in part or in whole) and state, for each condition, and in detail with as much specificity as possible:
a. the facts (including the exact condition to be satisfied, the date you requested compliance,
and the Insured’s response to the request.
b. identify all documents and other evidence that confirm compliance was requested and
purport to show any compliance or non-compliance by the insured.
3. Please state, in detail and with as much specificity as possible, any and all reason/s for your denial
of coverage (as/if applicable) regarding any portion of the loss (i.e. whether in part or in whole) that
is the subject of this action; and state, in detail and with as much specificity as possible, the (A) facts
and (B) identify all documents and other evidence that provide the basis for the reason/s.
4. Please state, in detail and with as much specificity as possible, any and all reason/s for your non-
payment (as/if applicable) regarding any portion of the claimed damages stemming from loss (i.e.
whether in part or in whole) that is the subject of this action; and state, in detail and with as much
specificity as possible, the (A) facts and (B) identify all documents and other evidence that provide
the basis for the reason/s.
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5. Please state, in detail and with as much specificity as possible, any and all specific, contractual (i.e.
policy-based) defenses (including excluded causes, exclusions, limitations and/or bars) regarding
coverage of any part of the loss (i.e. whether in part or in whole) that is the subject of this action –
regardless whether or not they were pled as affirmative defenses in your responsive pleading; and
state, in detail and with as much specificity as possible, the (A) facts and (B) al documents and other
evidence that provide the basis for the contractual defenses.
6. Please state, in detail and with as much specificity as possible, the (A) facts and (B) identify all
documents and other evidence on which you rely for each averment from the lawsuit that you denied
in your responsive pleading.
7. Please state, in detail and with as much specificity as possible, the (A) facts, and (B) identify all
documents and other evidence on which you rely for each affirmative defense in your responsive
pleading. Make sure to state, in detail and with as much specificity as possible, the factual and legal
basis for each. Also, state, in detail and with as much specificity as possible: the i) names, ii)
addresses and iii) telephone numbers, of all persons who are believed or known by you, your agents,
or your attorneys to have knowledge regarding the (A) facts, and (B) documents and other evidence
on which you rely.
8. Please state, in detail and with as much specificity as possible, the date and any and all
circumstances under which you received notice of the loss and claim that are the subject of this
action from the Insured; or, in the alternative, if you received notice from some other source, please
state the date and circumstances regarding same and identify the individual/entity (including the:
i. names, ii. addresses and iii. telephone numbers) that provided said notice.
D U B O F F
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9. Please state, in detail and with as much specificity as possible, your understanding of how the loss
and claim that are the subject of the action happened/occurred and identify any and all (A) facts and
(B) identify all documents and/or other evidence which provide the basis for that understanding.
10. Please state, in detail and with as much specificity as possible, the: i. names, ii. addresses and iii.
telephone numbers, of all persons who are believed or known by you, your agents and/or your
attorneys to have any knowledge concerning any and all (A) facts, (B) documents, (C) other evidence
and/or (D) issues related to the loss and claim that are the subject of this action. When doing so,
please state, in detail and with as much specificity as possible, the subject matter and a brief
summary of each person’s knowledge.
11. Please state, in detail and with as much specificity as possible, the: i. names, ii. addresses and iii.
telephone numbers, of all persons who are believed or known by you, your agents and/or your
attorneys, to have any knowledge concerning, or has possession, custody and/or control of, any and
all estimates of damage, models, maps, sketches, drawings, plats, photographs, videotapes or other
depictions related to any and all (A) facts, (B) documents, (C) other evidences and/or (D) issues
related to the loss and claim that are the subject of this action. When doing so, please state, in detail
and with as much specificity as possible, what item/s the person possesses, is custodian of and/or
controls.
12. Please state, in detail and with as much specificity as possible, the: i. names, ii. addresses and iii.
telephone numbers, of all persons who are believed or known by you, yours agents and/or your
attorneys who were in any way involved with the handling of the loss and claim that are the subject
of this action – including, but not limited to, those persons who inspected, investigated,
photographed, videotaped and/or visited the property that is the subject of this action for any purpose
after the date of loss, but prior to the institution of this action. When doing so, please provide a short
statement, in detail and with as much specificity as possible, regarding the person’s knowledge
related to the loss and claim that are the subject of this action.
D U B O F F
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13. Please state, in detail and with as much specificity as possible, the: i. names, ii. addresses and iii.
telephone numbers, of all persons who are believed or known by you, yours agents and/or your
attorneys to have heard the Insured make any and all statements, remarks and/or comments
concerning the loss and claim that are the subject of this action. When doing so, please provide a
short statement, in detail and with as much specificity as possible, regarding and summarizing the
statements, remarks and/or comments.
14. Please state, in detail and with as much specificity as possible, any and all payments issued by the
Insurer to: i. the Insured, ii. on behalf of the Insured, and/or iii. in adjustment of the loss and claim
that are the subject of this action.
15. Regarding the whole or any portion of the loss and claimed damages for which coverage and/or
payment was denied, withheld and/or reserved, please state in detail and with as much specificity
as possible, any and all specific reason/s for doing so – including, but not limited to, the exact
working of any policy provisions, statutes and/or other legal precedent which provide the basis for
that decision.
16. If you were unable to admit investigate, admit coverage for or otherwise adjust and/or pay any
portion of the loss and claim that are the subject of this action because you claim you had
insufficient notice and/or information regarding same (or that the Insured failed to comply with one
of more of the provisions contained in the “CONDITIONS” section of the policy), please state, in
detail and with as much specificity as possible:
a. when you first realized you had insufficient notice and/or information regarding the loss and
claim that are the subject of this action (or that the Insured failed to comply with one of
more of the provisions contained in the “CONDITIONS” section of the policy),
D U B O F F
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b. any and all efforts made by you to obtain the notice, information or compliance by other
means, when you informed the Insured of that you had insufficient notice and/or information
regarding the loss and claim that are the subject of this action (or that the Insured failed to
comply with one of more of the provisions contained in the “CONDITIONS” section of the
policy),
c. when you discontinued efforts to obtain the notice, information or compliance what further
notice, information or compliance was required by the Insurer of the Insured to finalize your
evaluation of the loss and claim that are the subject of this action and why it was/is
necessary.
17. Please state, in detail and with as much specificity as possible, the: i. names, ii. addresses and iii.
telephone numbers, of all persons who are believed or known by you, your agents and/or your
attorneys who were in any way involved with any review, reconsideration, re-evaluation or
investigation of the loss and claim that are the subject of this action. When doing so, please provide
a short statement, in detail and with as much specificity as possible, regarding the person’s
knowledge related thereto.
18. Please state, in detail and with as much specificity as possible, the specific nature of your business
relationship with any and all third parties employed by or acting as agents and/ or apparent agents
for you who were involved in the processes of investigating, inspecting, examining, estimating,
photographing and/or adjusting the Insured’s property regarding the loss and claim that are the
subject of this action. Also, please state whether said persons/entities were authorized to admit
coverage regarding claims of loss; and, if so, state the specific dollar limits (if applicable) of such
authority.
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19. If a written estimate, appraisal or other, similar valuation of the subject property, its damages or its
contents was performed, please state, in detail and with as much specificity as possible: i. the items
that have been inspected, etc., ii. the names, addresses and telephone numbers of any person/s who
performed or contributed to said inspection, etc., and iv. the date/s related to same.
20. Please state, in detail and with as much specificity as possible, the specific nature of your business
relationship with any and all third parties employed by or acting as agents and/ or apparent agents
for you who were involved in the processes of investigating, inspecting, examining, estimating,
photographing and/or adjusting the Insured’s property regarding the loss and claim that are the
subject of this action. Also, please state whether said persons/entities were authorized to admit
coverage regarding claims of loss; and, if so, state the specific dollar limits (if applicable) of such
authority.
21. Please state the date on which you contemplated that litigation might be filed regarding the loss and
claim that are the subject of this action.
22. Please state, in detail and with as much specificity as possible, provide the basis for that contention.
that were prepared in response to events that foreseeably could later be made the basis for litigation
against you.
23. To the extent that any of your responses to the Insured’s Request for Admissions is anything other
than an unqualified admission, please state, in detail and with as much specificity as possible, any
and all (A) facts, (B) documents and/or (C) other evidence on provide the basis for your response.
24. Please state, in detail and with as much specificity as possible, any and all actions by the Insured,
including any and all (A) facts, (B) documents and/or (C) other evidence regarding same, that the
Insurer contends constitute fraud, lack of cooperation and/or intentional misrepresentation regarding
the loss and claim that are the subject of this action.
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JURAT PAGE
IN WITNESS WHEREOF, Defendant has executed the foregoing answers to
Interrogatories and states that same are true and correct.
FLORIDA INSURANCE GUARANTY ASSOCIATION
By:
Signature
Print Name
Title
BEFORE ME, the undersigned authority, personally appeared
who after being duly sworn, acknowledged before me that he/she has executed the foregoing answers
to interrogatories and an oath was taken.
SUBSCRIBED AND SWORN to before me this day of , 20___.
personally known, or
produced:
as identification
NOTARY PUBLIC
State of
D U B O F F
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Filing # 195558936 E-Filed 04/05/2024 10:21:54 AM IN THE CIRCUIT COURT IN AND FOR LEE COUNTY, FLORIDA CARLOS ALARCON, CASE NO. Plaintiff, vs. FLORIDA INSURANCE GUARANTY ASSOCIATION Defendant. . PLAINTIFF'S NOTICE OF SERVICE OF INTERROGATORIES COMES NOW Plaintiffs, by and through the undersigned attorneys, and pursuant to the applicable Florida Rules of Civil Procedure, hereby requests Defendant to answer the following Interrogatories, under oath, within the time prescribe by the applicable Florida Rules of Civil Procedure. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing was to be served upon Defendant. DUBOFF LAW FIRM ATTORNEYS FOR PLAINTIFF 680 N.E. 127 STREET NORTH MIAMI, FLORIDA 33161 TELEPHONE (305) 899-0085 COURTDOCUMENT@DUBOFFLAWFIRM.COM BY: /S KENNETH R. DUBOFF KENNETH R. DUBOFF, ESQ. FLA. BAR # 218261 D U B O F F eFiled Lee County Clerk of Courts Page 1 INTERROGATORIES 1. What is your name, address and, if you are answering for someone else, your official position with or relationship to the Insurer to whom the Interrogatories are directed? 2. Please state, in detail and with as much specificity as possible, any and all contractual conditions precedent (including, but not limited to, those specifically identified in the “CONDITIONS” section of the policy that is the subject of this action) that you contend the Insured has not fulfilled (whether in part or in whole) and state, for each condition, and in detail with as much specificity as possible: a. the facts (including the exact condition to be satisfied, the date you requested compliance, and the Insured’s response to the request. b. identify all documents and other evidence that confirm compliance was requested and purport to show any compliance or non-compliance by the insured. 3. Please state, in detail and with as much specificity as possible, any and all reason/s for your denial of coverage (as/if applicable) regarding any portion of the loss (i.e. whether in part or in whole) that is the subject of this action; and state, in detail and with as much specificity as possible, the (A) facts and (B) identify all documents and other evidence that provide the basis for the reason/s. 4. Please state, in detail and with as much specificity as possible, any and all reason/s for your non- payment (as/if applicable) regarding any portion of the claimed damages stemming from loss (i.e. whether in part or in whole) that is the subject of this action; and state, in detail and with as much specificity as possible, the (A) facts and (B) identify all documents and other evidence that provide the basis for the reason/s. D U B O F F eFiled Lee County Clerk of Courts Page 2 5. Please state, in detail and with as much specificity as possible, any and all specific, contractual (i.e. policy-based) defenses (including excluded causes, exclusions, limitations and/or bars) regarding coverage of any part of the loss (i.e. whether in part or in whole) that is the subject of this action – regardless whether or not they were pled as affirmative defenses in your responsive pleading; and state, in detail and with as much specificity as possible, the (A) facts and (B) al documents and other evidence that provide the basis for the contractual defenses. 6. Please state, in detail and with as much specificity as possible, the (A) facts and (B) identify all documents and other evidence on which you rely for each averment from the lawsuit that you denied in your responsive pleading. 7. Please state, in detail and with as much specificity as possible, the (A) facts, and (B) identify all documents and other evidence on which you rely for each affirmative defense in your responsive pleading. Make sure to state, in detail and with as much specificity as possible, the factual and legal basis for each. Also, state, in detail and with as much specificity as possible: the i) names, ii) addresses and iii) telephone numbers, of all persons who are believed or known by you, your agents, or your attorneys to have knowledge regarding the (A) facts, and (B) documents and other evidence on which you rely. 8. Please state, in detail and with as much specificity as possible, the date and any and all circumstances under which you received notice of the loss and claim that are the subject of this action from the Insured; or, in the alternative, if you received notice from some other source, please state the date and circumstances regarding same and identify the individual/entity (including the: i. names, ii. addresses and iii. telephone numbers) that provided said notice. D U B O F F eFiled Lee County Clerk of Courts Page 3 9. Please state, in detail and with as much specificity as possible, your understanding of how the loss and claim that are the subject of the action happened/occurred and identify any and all (A) facts and (B) identify all documents and/or other evidence which provide the basis for that understanding. 10. Please state, in detail and with as much specificity as possible, the: i. names, ii. addresses and iii. telephone numbers, of all persons who are believed or known by you, your agents and/or your attorneys to have any knowledge concerning any and all (A) facts, (B) documents, (C) other evidence and/or (D) issues related to the loss and claim that are the subject of this action. When doing so, please state, in detail and with as much specificity as possible, the subject matter and a brief summary of each person’s knowledge. 11. Please state, in detail and with as much specificity as possible, the: i. names, ii. addresses and iii. telephone numbers, of all persons who are believed or known by you, your agents and/or your attorneys, to have any knowledge concerning, or has possession, custody and/or control of, any and all estimates of damage, models, maps, sketches, drawings, plats, photographs, videotapes or other depictions related to any and all (A) facts, (B) documents, (C) other evidences and/or (D) issues related to the loss and claim that are the subject of this action. When doing so, please state, in detail and with as much specificity as possible, what item/s the person possesses, is custodian of and/or controls. 12. Please state, in detail and with as much specificity as possible, the: i. names, ii. addresses and iii. telephone numbers, of all persons who are believed or known by you, yours agents and/or your attorneys who were in any way involved with the handling of the loss and claim that are the subject of this action – including, but not limited to, those persons who inspected, investigated, photographed, videotaped and/or visited the property that is the subject of this action for any purpose after the date of loss, but prior to the institution of this action. When doing so, please provide a short statement, in detail and with as much specificity as possible, regarding the person’s knowledge related to the loss and claim that are the subject of this action. D U B O F F eFiled Lee County Clerk of Courts Page 4 13. Please state, in detail and with as much specificity as possible, the: i. names, ii. addresses and iii. telephone numbers, of all persons who are believed or known by you, yours agents and/or your attorneys to have heard the Insured make any and all statements, remarks and/or comments concerning the loss and claim that are the subject of this action. When doing so, please provide a short statement, in detail and with as much specificity as possible, regarding and summarizing the statements, remarks and/or comments. 14. Please state, in detail and with as much specificity as possible, any and all payments issued by the Insurer to: i. the Insured, ii. on behalf of the Insured, and/or iii. in adjustment of the loss and claim that are the subject of this action. 15. Regarding the whole or any portion of the loss and claimed damages for which coverage and/or payment was denied, withheld and/or reserved, please state in detail and with as much specificity as possible, any and all specific reason/s for doing so – including, but not limited to, the exact working of any policy provisions, statutes and/or other legal precedent which provide the basis for that decision. 16. If you were unable to admit investigate, admit coverage for or otherwise adjust and/or pay any portion of the loss and claim that are the subject of this action because you claim you had insufficient notice and/or information regarding same (or that the Insured failed to comply with one of more of the provisions contained in the “CONDITIONS” section of the policy), please state, in detail and with as much specificity as possible: a. when you first realized you had insufficient notice and/or information regarding the loss and claim that are the subject of this action (or that the Insured failed to comply with one of more of the provisions contained in the “CONDITIONS” section of the policy), D U B O F F eFiled Lee County Clerk of Courts Page 5 b. any and all efforts made by you to obtain the notice, information or compliance by other means, when you informed the Insured of that you had insufficient notice and/or information regarding the loss and claim that are the subject of this action (or that the Insured failed to comply with one of more of the provisions contained in the “CONDITIONS” section of the policy), c. when you discontinued efforts to obtain the notice, information or compliance what further notice, information or compliance was required by the Insurer of the Insured to finalize your evaluation of the loss and claim that are the subject of this action and why it was/is necessary. 17. Please state, in detail and with as much specificity as possible, the: i. names, ii. addresses and iii. telephone numbers, of all persons who are believed or known by you, your agents and/or your attorneys who were in any way involved with any review, reconsideration, re-evaluation or investigation of the loss and claim that are the subject of this action. When doing so, please provide a short statement, in detail and with as much specificity as possible, regarding the person’s knowledge related thereto. 18. Please state, in detail and with as much specificity as possible, the specific nature of your business relationship with any and all third parties employed by or acting as agents and/ or apparent agents for you who were involved in the processes of investigating, inspecting, examining, estimating, photographing and/or adjusting the Insured’s property regarding the loss and claim that are the subject of this action. Also, please state whether said persons/entities were authorized to admit coverage regarding claims of loss; and, if so, state the specific dollar limits (if applicable) of such authority. D U B O F F eFiled Lee County Clerk of Courts Page 6 19. If a written estimate, appraisal or other, similar valuation of the subject property, its damages or its contents was performed, please state, in detail and with as much specificity as possible: i. the items that have been inspected, etc., ii. the names, addresses and telephone numbers of any person/s who performed or contributed to said inspection, etc., and iv. the date/s related to same. 20. Please state, in detail and with as much specificity as possible, the specific nature of your business relationship with any and all third parties employed by or acting as agents and/ or apparent agents for you who were involved in the processes of investigating, inspecting, examining, estimating, photographing and/or adjusting the Insured’s property regarding the loss and claim that are the subject of this action. Also, please state whether said persons/entities were authorized to admit coverage regarding claims of loss; and, if so, state the specific dollar limits (if applicable) of such authority. 21. Please state the date on which you contemplated that litigation might be filed regarding the loss and claim that are the subject of this action. 22. Please state, in detail and with as much specificity as possible, provide the basis for that contention. that were prepared in response to events that foreseeably could later be made the basis for litigation against you. 23. To the extent that any of your responses to the Insured’s Request for Admissions is anything other than an unqualified admission, please state, in detail and with as much specificity as possible, any and all (A) facts, (B) documents and/or (C) other evidence on provide the basis for your response. 24. Please state, in detail and with as much specificity as possible, any and all actions by the Insured, including any and all (A) facts, (B) documents and/or (C) other evidence regarding same, that the Insurer contends constitute fraud, lack of cooperation and/or intentional misrepresentation regarding the loss and claim that are the subject of this action. D U B O F F eFiled Lee County Clerk of Courts Page 7 JURAT PAGE IN WITNESS WHEREOF, Defendant has executed the foregoing answers to Interrogatories and states that same are true and correct. FLORIDA INSURANCE GUARANTY ASSOCIATION By: Signature Print Name Title BEFORE ME, the undersigned authority, personally appeared who after being duly sworn, acknowledged before me that he/she has executed the foregoing answers to interrogatories and an oath was taken. SUBSCRIBED AND SWORN to before me this day of , 20___. personally known, or produced: as identification NOTARY PUBLIC State of D U B O F F eFiled Lee County Clerk of Courts Page 8