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Filing # 69610710 E-Filed 03/21/2018 03:18:56 PM
‘IN THE CIRCUIT COURT OF THE
TWENTIETH JUDICIAL CIRCUIT IN
AND FOR COLLIER COUNTY, FLORIDA
)
GEORGE & MEGAN WEICHELT, )
)
Plaintiffs, )
)
v. )
)
CYPRESS PROPERTY & CASUALTY ) UCN: 11-2017-CA-002221-0001-XX
INSURANCE COMPANY, )
)
Defendant. )
ee
DEFENDANT'S RESPONSE TO PLAINTIFFS' FIRST REQUEST FOR PRODUCTION
Defendant, Cypress Property & Casualty Insurance Company’ by and. ‘through
undersigned ‘counsel, and pursuant to Rule 1.350, Fla.R.Civ.P., hereby serves its Response to
Plaintiffs’ First Request for Production served with Complaint, and states as follows:
1.
All. documents submitted by Plaintiffs to. Defendant associated with the subject claim,
RESPONSE: See Exhibit 1,
. All non-privileged documents obtained by Defendant from any person or entity, other
than the Plaintiffs, associated with the subject claim.
RESPONSE: ‘Objection: vague and ambiguous as. phrased; overbroad; and not
reasonably calculated. to lead to the. discovery of admissible evidence in this first
party ‘insurance coverage dispute. Any information or documentation concerning
claims handling is protected as insurer work product. See separately filed Privilege
Log, Subject to and without waiving said objections, see non-privileged documents
produced in Exhibits 2 and 7.
All communications from Defendant to Plaintiffs demonstrating that: Defendant has paid
Plaintiffs any payments associated with the subject claim.
RESPONSE: See Exhibit 3.
FILED: COLLIER COUNTY, DWIGHT E. BROCK, CLERK, 03/21/2018 04:21:41 PM. All non-privileged documents supporting Defendant's determination of the amount of
loss associated with the subject claim.
RESPONSE: Objection: any information. or documentation concerning claims
handling and claim decision making and determination is protected as insurer work
product. See separately filed Privilege Log. Subject to and without waiving said
objections, see Exhibits 2, 3, 4, 7 and 8.
. All non-privileged documents supporting Defendant's determination of the cause of loss
associated with the subject claim.
RESPONSE: Objection: any information or documentation concerning claims
handling and claim decision making and determination is protected as insurer work
product. See separately filed Privilege Log. Subject to and without waiving said
objections, see Exhibits 2, 3, 4, 7 and 8.
. All non-privileged documents supporting the contention that Plaintiffs or the (sic) failed
to comply with any conditions precedent.
RESPONSE: None known at this time. Discovery is ongoing. Defendant reserves
the right to amend this response.
. All documents supporting Defendant's affirmative defenses to the Complaint.
RESPONSE: See Exhibits.1, 2, 3, 4, 7 and 8.
. All documents constituting communications between Plaintiffs and Defendant related to
the subject claim.
RESPONSE: See Exhibits 1, 3 and 8.
. All documents constituting communications between Defendant and any other person or
entity (other than Defendant's legal counsel) regarding the subject loss and/or claim.
RESPONSE: Objection: vague and ambiguous as phrased; and not reasonably
calculated to lead to the discovery of admissible evidence in this first party
insurance coverage dispute. Any information or documentation concerning claims
handling is protected as insurer work product. See separately filed Privilege Log.
Subject to and without waiving said objections, see non-privileged documents
produced in Exhibits 2 and 7.10. All statements, forms, recordings or transcripts of recordings of statements made by
Plaintiffs or any other persons not employed by Defendant. regarding this loss and/or
claim.
RESPONSE: None.
11. All estimates prepared by or on behalf of Defendant related to the subject loss in
document format and in ESX format.
RESPONSE: See Exhibits 2 and 4.
12. A print out of the depreciation schedule from Xactimate for all estimates prepared by or
on behalf of Defendant related to the subject loss.
RESPONSE: See response to request No. 11.
13. All reports prepared by any individual or entity that inspected the insured property by or
on behalf of Defendant related to the subject loss.
RESPONSE: Objection, this request is overly broad, irrelevant, immaterial, and not
reasonably calculated to lead to the discovery of admissible evidence in this action.
Any claims handling information and documentation is protected insurer work
product. See Privilege Log filed simultaneously herewith.
14, All photographs or videos of the subject property whether before or after the subject loss,
RESPONSE: See Exhibit 14.
15. All documents supporting Defendant's denial of coverage for any portion of the damaged
claimed by Plaintiffs.
RESPONSE: See Exhibits 2, 3, 4, 7, and 8.
Dated: March a > 2018.
CYPRESS on & naeSteven G. Schwartz, Esquire
Florida Bar No. 911471
Schwartz Law Group
6751 N. Federal Highway, #400
Boca Raton, Florida 33487
Ph: (561) 395-4747
Fx: (561) 367-1550
Email: cmw@theschwartzlawgroup.com
Email: eservice@theschwartzlawgroup.com
CERTIFICATE OF SERVICE
I certify that a copy hereof has been furnished to the party listed below by US.
Mail; _X_ Email; Overnight Mail; Facsimile; Hand delivery; on this a day
of March, 2018.
ad MI" We
Steven G. Schwartz, Esquire
SERVICE LIST
Counsel for Plaintiffs, George and Megan Counsel for Plaintiffs, George and Megan
Weichelt Weichelt
Michael B. Germain, Esq. Bradley Rothman, Esq.
Germain Law Group Weldon & Rothman, PL
3412 W. Bay to Bay Blvd. 2548 Northbrooke Plaza Drive
Tampa, Florida 33629 Naples, Florida 34119
Ph: (813) 835-8888 Ph: (239) 262-2141
Fx: (813) 835-8889 Fx:. (239) 262-2342
Email: mgermain@germainlawgroup.com Email: brothman@weldonrothman.com
TAopen files\394091\pleadings\eypress's response to Ist rfp-jm.docx
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| \ | \ | Filing # 69610710 E-Filed 03/21/2018 03:18:56 PM ‘IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA ) GEORGE & MEGAN WEICHELT, ) ) Plaintiffs, ) ) v. ) ) CYPRESS PROPERTY & CASUALTY ) UCN: 11-2017-CA-002221-0001-XX INSURANCE COMPANY, ) ) Defendant. ) ee DEFENDANT'S RESPONSE TO PLAINTIFFS' FIRST REQUEST FOR PRODUCTION Defendant, Cypress Property & Casualty Insurance Company’ by and. ‘through undersigned ‘counsel, and pursuant to Rule 1.350, Fla.R.Civ.P., hereby serves its Response to Plaintiffs’ First Request for Production served with Complaint, and states as follows: 1. All. documents submitted by Plaintiffs to. Defendant associated with the subject claim, RESPONSE: See Exhibit 1, . All non-privileged documents obtained by Defendant from any person or entity, other than the Plaintiffs, associated with the subject claim. RESPONSE: ‘Objection: vague and ambiguous as. phrased; overbroad; and not reasonably calculated. to lead to the. discovery of admissible evidence in this first party ‘insurance coverage dispute. Any information or documentation concerning claims handling is protected as insurer work product. See separately filed Privilege Log, Subject to and without waiving said objections, see non-privileged documents produced in Exhibits 2 and 7. All communications from Defendant to Plaintiffs demonstrating that: Defendant has paid Plaintiffs any payments associated with the subject claim. RESPONSE: See Exhibit 3. FILED: COLLIER COUNTY, DWIGHT E. BROCK, CLERK, 03/21/2018 04:21:41 PM. All non-privileged documents supporting Defendant's determination of the amount of loss associated with the subject claim. RESPONSE: Objection: any information. or documentation concerning claims handling and claim decision making and determination is protected as insurer work product. See separately filed Privilege Log. Subject to and without waiving said objections, see Exhibits 2, 3, 4, 7 and 8. . All non-privileged documents supporting Defendant's determination of the cause of loss associated with the subject claim. RESPONSE: Objection: any information or documentation concerning claims handling and claim decision making and determination is protected as insurer work product. See separately filed Privilege Log. Subject to and without waiving said objections, see Exhibits 2, 3, 4, 7 and 8. . All non-privileged documents supporting the contention that Plaintiffs or the (sic) failed to comply with any conditions precedent. RESPONSE: None known at this time. Discovery is ongoing. Defendant reserves the right to amend this response. . All documents supporting Defendant's affirmative defenses to the Complaint. RESPONSE: See Exhibits.1, 2, 3, 4, 7 and 8. . All documents constituting communications between Plaintiffs and Defendant related to the subject claim. RESPONSE: See Exhibits 1, 3 and 8. . All documents constituting communications between Defendant and any other person or entity (other than Defendant's legal counsel) regarding the subject loss and/or claim. RESPONSE: Objection: vague and ambiguous as phrased; and not reasonably calculated to lead to the discovery of admissible evidence in this first party insurance coverage dispute. Any information or documentation concerning claims handling is protected as insurer work product. See separately filed Privilege Log. Subject to and without waiving said objections, see non-privileged documents produced in Exhibits 2 and 7.10. All statements, forms, recordings or transcripts of recordings of statements made by Plaintiffs or any other persons not employed by Defendant. regarding this loss and/or claim. RESPONSE: None. 11. All estimates prepared by or on behalf of Defendant related to the subject loss in document format and in ESX format. RESPONSE: See Exhibits 2 and 4. 12. A print out of the depreciation schedule from Xactimate for all estimates prepared by or on behalf of Defendant related to the subject loss. RESPONSE: See response to request No. 11. 13. All reports prepared by any individual or entity that inspected the insured property by or on behalf of Defendant related to the subject loss. RESPONSE: Objection, this request is overly broad, irrelevant, immaterial, and not reasonably calculated to lead to the discovery of admissible evidence in this action. Any claims handling information and documentation is protected insurer work product. See Privilege Log filed simultaneously herewith. 14, All photographs or videos of the subject property whether before or after the subject loss, RESPONSE: See Exhibit 14. 15. All documents supporting Defendant's denial of coverage for any portion of the damaged claimed by Plaintiffs. RESPONSE: See Exhibits 2, 3, 4, 7, and 8. Dated: March a > 2018. CYPRESS on & naeSteven G. Schwartz, Esquire Florida Bar No. 911471 Schwartz Law Group 6751 N. Federal Highway, #400 Boca Raton, Florida 33487 Ph: (561) 395-4747 Fx: (561) 367-1550 Email: cmw@theschwartzlawgroup.com Email: eservice@theschwartzlawgroup.com CERTIFICATE OF SERVICE I certify that a copy hereof has been furnished to the party listed below by US. Mail; _X_ Email; Overnight Mail; Facsimile; Hand delivery; on this a day of March, 2018. ad MI" We Steven G. Schwartz, Esquire SERVICE LIST Counsel for Plaintiffs, George and Megan Counsel for Plaintiffs, George and Megan Weichelt Weichelt Michael B. Germain, Esq. Bradley Rothman, Esq. Germain Law Group Weldon & Rothman, PL 3412 W. Bay to Bay Blvd. 2548 Northbrooke Plaza Drive Tampa, Florida 33629 Naples, Florida 34119 Ph: (813) 835-8888 Ph: (239) 262-2141 Fx: (813) 835-8889 Fx:. (239) 262-2342 Email: mgermain@germainlawgroup.com Email: brothman@weldonrothman.com TAopen files\394091\pleadings\eypress's response to Ist rfp-jm.docx