Party Discovery: CHOOKOLINGO, ANEIL RABIDNRANATH V UNIVERSAL PROPERTY AND CASUALTY INSURANCE COMPANY

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                                **** CASE NUMBER: 502024CA006271XXXAMB Div: AN ****
  Filing # 201929620 E-Filed 07/04/2024 10:35:07 AM


                    IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT,
                            IN AND FOR PALM BEACH COUNTY, FLORIDA

           ANEIL RABINDRANATH
           CHOOKOLINGO,

                   Plaintiff,
           v.                                                CASE NO.:

           UNIVERSAL PROPERTY &
           CASUALTY INSURANCE COMPANY,

                 Defendant.
           _____________________________________/

                                       PLAINTIFF’S NOTICE OF SERVICE OF
                                    FIRST INTERROGATORIES TO DEFENDANT
                Pursuant to Rule 1.340, Florida Rules of Civil Procedure, the Plaintiff, ANEIL

           RABINDRANATH CHOOKOLINGO, by and through their undersigned counsel, propound the

           following First Interrogatories on the Defendant, UNIVERSAL PROPERTY & CASUALTY

           INSURANCE COMPANY, to be answered in writing, under oath, within the time allowed in

           accordance with the Florida Rules of Civil Procedure.

                                          CERTIFICATE OF SERVICE

                  WE HEREBY CERTIFY that a true and correct copy of the foregoing was served upon
           the Defendant in this action along with the Complaint.


                                                       By: __/s/ Jared Spector________
                                                              Jared Spector, Esq.
                                                              Florida Bar No: 119398
                                                              SPECTOR ROSENBAUM, PLLC
                                                              Attorneys for Plaintiff
                                                              111 N. Pompano Beach Blvd., Suite 609
                                                              Pompano Beach, Florida 33062
                                                              T: (954) 361-8879
                                                              Email: JSpector@sr-lawgrouop.com
                                                                      DRosenbaum@sr-lawgroup.com




FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK, 07/04/2024 10:35:07 AM
                FIRST INTERROGATORIES TO DEFENDANT

1.   Please state the name, title, current business address, and phone number of all persons
     answering or assisting with the answering of this set of interrogatories.



2.   Please state the date that the Insurance Company first received notice from the Insureds
     for a claim of benefits under the Policy for property damages as described in the
     Complaint in this lawsuit.



3.   In reference to the Insurance Company’s denial of the Insureds’ claim for benefits
     under the Policy, please state:
         a.     The date the decision to deny the claim was made.
         b.     Identify each person who participated in the decision to deny the Insureds’
                claim.
         c.     Describe each and every fact upon which you relied upon in forming the
                basis for your denial of the Insureds’ claim.
         d.     Identify each document sent by the Insurance Company to the Insureds
                detailing the reasons why the Insurance Company denied the Insureds’
                claim.
         e.     State the location, including, page(s), line(s) and paragraph number(s), and
                the exact language contained in the Policy, which you used to base your
                decision to deny coverage of the Insureds’ claim.




4.   Identify each person, by name, address, phone number and position, whom on behalf
     of the Insurance Company, inspected the Insureds’ Property in the reference to the
     claim for benefits under the Policy, including his or her field of expertise and the date
     of each inspection.



5.   Identify each written estimate for repair or replacement, including the amount set forth
     in each estimate, which has been provided to the Insurance Company by the Insureds
     in reference to the Insureds’ claim for benefits under the Policy.
6.    Identify all persons (other than the Insurance Company) believed or known by you,
      your agents or attorneys to have knowledge concerning any of the issues raised by the
      pleadings, specifying the subject matter about which witnesses have knowledge and
      state whether you have obtained any statements (oral, written or recorded) from any of
      said witnesses, list the dates any such witness statements were taken, by whom any
      such witness were taken and who has the present possession, custody and control of
      any such statements.



7.    Identify all persons who, on the Insurance Company’s behalf, have in any way
      participated in the investigation, evaluation, adjusting or handling of the claim involved
      hereto. Please specify the nature of the participation for each and every such person
      and give the time period during which they participated.




8.    For each decision that was made that the claim of the Insureds was allegedly not
      covered under the Policy, please state the date you first decided that the Insureds’ claim
      was allegedly not covered, the date you arrived at the conclusion the Insureds’ claim
      was not covered and the names and address and phone number and the dates of
      involvement of each and every person that knows any information concerning these
      matters.




9.    Please describe all requests made by the Insurance Company upon the Insureds (i.e.,
      requests for examination under oath, information, documents, sworn proofs of loss,
      etc.) in reference to this claim and the dates made.




10.   With reference to each of your affirmative defenses raised in the lawsuit, please
      describe each and every fact upon which you rely to substantiate such affirmative
      defense, including identification of all witnesses to each fact.




11.   Please verify the date the Policy became effective.
12.   Please state the amount of money paid by the Insureds towards the premium of the
      Policy in place at the time of the Loss.




13.   Please state whether or not you performed any inspections of the insured premises prior
      to the Loss. If so, provide the date the inspection was performed, the purpose of the
      inspection, by whom and their contact information.




14.   Please provide the name and contact information for the agent that sold the Policy to
      the Insured.




15.   If you contend that the Insured did not comply with the terms and conditions set forth
      in the Policy please describe:
          a.      The term and/or condition of the Policy not complied with;
          b.      How the Insured failed to comply with the term and/or condition;
          c.      When a request was made by you demanding compliance with the term
                  and/or condition of the Policy;
          d.      Why compliance with the terms and/or condition was necessary for you to
                  adjust the Loss and determine coverage.




16.   Please verify the name, phone number, address and title of the corporate
      representative(s) with the most knowledge regarding the allegations set forth in the
      complaint.



17.   Please identify all claims made by the Insureds for the Insureds’ premises.
       By:__________________________________


       Name: _______________________________


       Title: ________________________________




STATE OF FLORIDA                    )
                                    ) ss
COUNTY OF __________________ )


       SWORN TO and SUBSCRIBED before me by ____________________, who is
personally known to me or has produced (________________________) as identification and who
did/did not take an oath and verified that the foregoing Answers to Interrogatories are true and
correct.


       DATED this ______ day of                        , 2024.


                                                   NOTARY PUBLIC, State of Florida



                                                   ______________________________
                                                   Signature of Notary Public



                                                   ________________________________
                                                   Typed or Printed Name of Notary Public
                                                   My commission expires: