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Filing # 173364511 E-Filed 05/17/2023 01:42:37 PM 23001965CA
[YOUR INSURANCE
|ATTORNEY
SERVED WITH COMPLA.
RE: BRIAN & ROBERTA WEIDIG vy. FLORIDA INSURANCE GUARANTY
ASSOCIATION F/K/A UNITED PROPERTY & CASUALTY INSURANCE COMPANY
To Whom It May Concern:
At this time, we would like to request that your office provide five or more dates to
coordinate the deposition of your corporate representative(s), in connection with the above-
referenced matter within one hundred and sixty (160) days. I have attached the proposed areas of
inquiry for your convenience. Please note this is not an exhaustive list and additional areas of
inquiry may be necessary depending upon additional discovery and responses to questions asked at
the deposition. Please forward all dates to YIA18@Yourinsuranceattorney.com.
Should you have any questions, please do not hesitate to contact us. In the meantime, I look
forward to your anticipated prompt cooperation in this matter. Failure to provide dates within the
prescribed time may necessitate the filing of a Motion to Compel.
Kind Regards,
YOUR INSURANCE ATTORNEY, PLLC.
Joshua Lopez, Esq.
IN THE CIRCUIT COURT OF THE
20TH JUDICIAL CIRCUIT IN AND FOR
CHARLOTTE COUNTY, FLORIDA
BRIAN & ROBERTA WEIDIG,
CASE NO.:
Plaintiffs,
Vv.
FLORIDA INSURANCE GUARANTY
ASSOCIATION F/K/A UNITED PROPERTY
& CASUALTY INSURANCE COMPANY,
Defendant.
PROPOSED NOTICE OF TAKING DEPOSITION DUCES TECUM
PLEASE TAKE NOTICE that the undersigned attorneys will take the following
deposition at the place, date and time indicated below:
NAME DATE TIME PLACE
Corporate Representative TBD TBD TBD
with knowledge pursuant
to Fla. R. Civ. P.
1.310(b)(6)
In accordance with the Americans with Disabilities Act of 1990, persons needing a special
accommodation to participate in this proceeding should contact the offices of the
undersigned at 305-444-5969
Pursuant to Rule 1.310(b)(6) of the Florida Rules of Civil Procedure, you are hereby requested to
designate one or more officers, directors, managing agents or other persons who consent to testify
on behalf of the parties being deposed as the persons having the most knowledge concerning the
area of the subject matter described on Schedule A attached hereto.
Upon oral examination before a commissioner appointed by the Court, a Notary Public, or any
other officer authorized to administer oaths by the laws of the State of Florida, who is neither a
relative nor employee of such attorney or counsel and who is not financially interested in this
action. The deposition will continue from day to day until completed. The deposition is being
taken for purposes of discovery and for use as evidence in this case, for use at trial, or for such
other purposes as are permitted under the Florida Rules of Civil Procedure.
The deponent is to bring at the above time and place the following documents listed on the
attached Schedule B.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served to
DEFENDANT, FLORIDA INSURANCE GUARANTY ASSOCIATION F/K/A UNITED
PROPERTY & CASUALTY INSURANCE COMPANY on the day of May 2023.
Respectfully Submitted by,
Your Insurance Attorney, PLLC.
2300 Maitland Center Parkway, Suite 122
Maitland, Florida 32751
Phone No.: (407) 751-1370
Fax: 1-888-745-5677
Email: jlopez@yourinsuranceattorney.com
Secondary Email: YIA18@Yourinsuranceattorney.com
Tertiary Email: Eservice@Yourinsuranceattorney.com
By. /s/ Joshua Lopez, Esp.
Joshua Lopez, Esq.
Florida Bar No. 1020513
Rotceh Sotomayor, Esq
Florida Bar No. 1039689
SCHEDULE A
The allegations set forth in the Complaint.
The Insurance Policy entered into between the Insurer and the Insured as referenced in
the Complaint.
All facts related to the Insurer’s involvement in the Insured’s claim as referenced in the
Complaint.
All facts related to communications between the Insured and agents of the Insurer as it
relates to the allegations set forth in the Complaint.
The adjustment and claim handling of the instant claim alleged in the Complaint.
The dollar value of the Insured’s damages.
All facts and information supporting your defenses to the Plaintiff(s) claim for insurance
proceeds as alleged in the Complaint.
All facts and information supporting your Answer and Affirmative Defenses.
All facts and information supporting any defense or exclusion of coverage under the
Insurance Policy entered into between Plaintiff and Defendant as referenced in the
Complaint.
10. The identity, job title, job description and activities of all persons (including any
nonemployees) who participated in any way in Defendant’s investigation of the Loss as
described in the Complaint.
11 All facts and information Defendant learned during Defendant’s investigation,
adjustment and valuation of the Plaintiff's Claim, which support the claims decision
made by Defendant regarding Plaintiffs Claim.
12 All decisions made by or on behalf Defendant regarding the adjustment, investigation,
and coverage determination by Defendant of Plaintiffs Claim, which is the subject of
this lawsuit and the basis for those decisions.
13 All written discovery responses served by Defendant in this matter.
14. The insurance policy language, which Defendant contends, supports the claims decision
made by Defendant regarding Plaintiffs claim.
15 All facts and documents from Defendant’s underwriting file for the Plaintiff's property
that support any of Defendant’s affirmative defenses.
16. All facts and information from Defendant’s underwriting file that reveal the condition of
the property at the time Defendant agreed to insure the property.
SCHEDULE B
All documents supporting or pertaining to Defendant's affirmative defenses, or that
Defendant anticipates will support Defendant's reasons for denying Plaintiffs Claim.
All documents that Defendant reasonably expects to use at trial.
All photographs and/or videos that Defendant reasonably expects to use at trial or that
support Defendant's affirmative defenses.
All correspondence, emails, and all other documents provided by Plaintiff or its
representatives, to Defendant or its representatives, in any way related to the Plaintiff's
Claim.
All correspondence, emails and all other documents provided by Defendant or its
representatives, to Plaintiff or its representatives, in any way related to Plaintiff's Claim.
All documents showing when the existence of Plaintiffs Claim was reported to
Defendant.
All documents supporting the action taken and/or coverage decision made by Defendant
in refusing to pay the Plaintiffs for their Claim.
All estimates prepared by or on behalf of Defendant in any way related to Plaintiffs
claim.
All documents Defendant provided to the person(s) who investigated, adjusted or
otherwise evaluated Plaintiffs Claim.
10. All insurance applications the insured submitted to Defendant regarding the insured
property.
11 All underwriting documents in any way relating to the condition of the Insured Premises
before the date of loss.
12 The underwriting file kept by Defendant regarding the Insured Premises dating from the
inception of the Insured's Policy to the present.
13 All signed sworn proofs of loss submitted by the Insured to Defendant regarding the
Loss.
14. All documents evidencing all payments made by Defendant to the Insured and/or for the
Insured' s benefit involving a prior claim made by the Insured or prior damage sustained
by an Insured, involving the Insured Property.
15 All documents evidencing all payments made by Defendant to the Insured and/or for the
Insured' s benefit involving a subsequent claim made by the Insured or subsequent
damage sustained by an Insured, involving the Insured Property.
16. All correspondence and documents between Defendant and any third parties, excluding
Defendant’s attorney, in any way related to (1) the condition of the Insured Property
before the Loss; or (2) the damage to the Insured Property sustained during the Loss.
17 All documents showing or pertaining to any repairs made to the Insured Property
following the Loss.
18 All transcripts of any Examinations Under Oath given or provided by the Insured
regarding the Loss.
19 All transcripts of any Examinations Under Oath given or provided by the Plaintiff
regarding the Loss.
20. All recorded statements given or provided by the Insured regarding the Loss. This
request seeks a copy of the recording itself, not Defendant's transcript of the recorded
statement.
21 All recorded statements given or provided by anyone besides the Insured regarding the
Loss.
22. This request seeks a copy of the recording itself, not Defendant’s transcript of the
recorded statement.
23 All documents, written and computerized, memorializing the steps taken by Defendant
to adjust, process and otherwise handle Plaintiffs Claim.
24. All written or computerized communications and written or computerized records of oral
communications, whether made in person or by telephone, between any employees of
Defendant and any adjuster that concern, refer, or relate in any way to Plaintiff's Claim.
25 All written or computerized records of any investigation or adjustment activities by
Defendant and its adjusters, from the date of loss through the earlier of the date of this
lawsuit or the date litigation was first anticipated by Defendant, regarding Plaintiffs
Claim.
26. All activity logs, diaries, claim notes or log notes created by any adjuster, claim
representative, manager, or supervisor of Defendant or any third parties during the
adjustment of the Insured's Claim up until the date of this lawsuit or the date Defendant
reasonably anticipated litigation in connection with the claim at issue in this action.
27 All reports prepared by or on behalf of Defendant in any way related to Defendant's
investigation, evaluation and/or handling of Plaintiff's Claim.
28 All damage estimates, reports or memoranda made by Defendant's adjuster(s) regarding
the extent of damage of Plaintiffs Claim.
29 A certified copy of the policy of insurance in effect on the Date of Loss.
30. Copies of all photographs, video tapes, estimates, sketches, drawings, filed notes,
estimates for damages, reports relied upon by Defendant, reports prepared by Defendant
or reports prepared for Defendant or on Defendant's behalf or on behalf of the Plaintiff
Claim.
31 All property damage inventories, estimates or reports prepared and/or received by
Defendant and upon which Defendant relied in reaching Defendant's conclusions
concerning Plaintiff's Claim.
32 All documents, statements, notes, measurements, test results and/or related materials
relied upon by Defendant in reaching Defendant's conclusion to deny Plaintiffs Claim.
33 All documents Defendant will rely on in testifying to the areas of inquiry listed in
Schedule "A" during Defendant's corporate representative's deposition.
To the extent Defendant contends that any of the requests listed above seek documents protected
by privilege, Plaintiff requests that Defendant prepare and produce prior to the deposition a
privilege log that complies with Fla. R. Civ. P. 1.280(b)(5). Plaintiff also requests that the
documents Defendant asserts are privileged be brought to the deposition and made available to
the deponent for the sole purpose of refreshing the deponent's recollection, to allow competent
testimony during the deposition.