Preview
Filing # 104098023 E-Filed 02/28/2020 02:37:05 PM
IN THE CIRCUIT COURT OF THE 17™ JUDICIAL CIRCUIT,
IN AND FOR BROWARD COUNTY, FLORIDA.
JESUS VILLEDA AND JHANETH
VILLEDA,
VS.
CASE NO: CACE-19-021344
Plaintiff(s),
CITIZENS PROPERTY INSURANCE
CORPORATION,
Defendant. /
CITIZENS PROPERTY INSURANCE CORPORATION’S RESPONSES TO
PLAINTIFFS’ FIRST REQUEST FOR PRODUCTION
Defendant, CITIZENS PROPERTY INSURANCE CORPORATION (“Citizens”), by and
through undersigned counsel, and pursuant to the applicable Florida Rules of Civil Procedure
hereby files this Response to Plaintiffs’ Request for Production and states as follows:
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.
RESPONSE: The requested documents will be made available for inspection after
scheduling the inspection for a mutually convenient date and time and/or production
will be made based upon the reasonable cost of copying same.
Each and every timesheet, log and all other documents reflecting time spent by the
Insurance Company at the Property.
RESPONSE: Citizens objects to this request as being vague, ambiguous, overbroad
and not limited in time and scope. Additionally, the request seeks information which
is protected by the work product doctrine. Moreover, pursuant to the enabling
legislation of Citizens and common law, the information in the claim file is exempt
from discovery. Furthermore, Citizens relies on the Court’s decision in Nationwide
Ins. Co. of Florida v. Demmo, 57 So. 3d 982, 984 (Fla. 2d DCA. 2011) wherein the court
held claim documents are privileged in breach of contract actions. See also State Farm
Florida Ins. Co. v. Ramirez, 86 So. 3d 1198 (Fla. 3d DCA 2012); cf. Scottsdale Ins. Co.
v. Camara De Comercio Latino-Americana De Los Estados Unidos, Inc., 813 So. 2d 250,
251-52 (Fla. 3d DCA. 2002) (finding that the insured is not entitled to discovery of the
claims file). A “Privilege Log” has been provided.
1|Page
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 02/28/2020 02:37:17 PM.****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.
RESPONSE: Citizens objects to this request as being vague, ambiguous, overbroad
and not limited in time and scope. Additionally, the request seeks information which
is protected by the work product doctrine. Moreover, pursuant to the enabling
legislation of Citizens and common law, the information in the claim file is exempt
from discovery. Furthermore, Citizens relies on the Court’s decision in Nationwide
Ins. Co. of Florida v. Demmo, 57 So. 3d 982, 984 (Fla. 2d DCA. 2011) wherein the court
held claim documents are privileged in breach of contract actions. See also State Farm
Florida Ins. Co. v. Ramirez, 86 So. 3d 1198 (Fla. 3d DCA 2012); ef. Scottsdale Ins. Co.
y. Camara De Comercio Latino-Americana De Los Estados Unidos, Inc., 813 So. 2d 250,
251-52 (Fla. 3d DCA. 2002) (finding that the insured is not entitled to discovery of the
claims file). A “Privilege Log” has been provided.
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.
RESPONSE: The requested documents will be made available for inspection after
scheduling the inspection for a mutually convenient date and time and/or production
will be made based upon the reasonable cost of copying same.
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.
RESPONSE: The requested documents will be made available for inspection after
scheduling the inspection for a mutually convenient date and time and/or production
will be made based upon the reasonable cost of copying same.
Any and all photographs or video taken by the Insurance Company of the property.
RESPONSE: Citizens objects to this request as being vague, ambiguous, overbroad
and not limited in time and scope. Additionally, the request seeks information which
is protected by the work product doctrine. Moreover, pursuant to the enabling
legislation of Citizens and common law, the information in the claim file is exempt
from discovery. Furthermore, Citizens relies on the Court’s decision in Nationwide
Ins. Co. of Florida v. Demmo, 57 So. 3d 982, 984 (Fla. 2d DCA. 2011) wherein the court
held claim documents are privileged in breach of contract actions. See also State Farm
Florida Ins. Co. v. Ramirez, 86 So. 3d 1198 (Fla. 3d DCA 2012); ef. Scottsdale Ins. Co.
y. Camara De Comercio Latino-Americana De Los Estados Unidos, Inc., 813 So. 2d 250,
251-52 (Fla. 3d DCA. 2002) (finding that the insured is not entitled to discovery of the
claims file). Subject to and without waiving said objection, all non-privileged and
non-objectionable documents, including redacted photographs, in the care, custody
2|Pageor control of the Defendant will be made available for inspection and/or copying upon
the reasonable cost of copying same. A “Privilege Log” has been provided.
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.
RESPONSE: Citizens objects to this request as being vague, ambiguous, overbroad
and not limited in time and scope. Additionally, the request seeks information which
is protected by the work product doctrine. Moreover, pursuant to the enabling
legislation of Citizens and common law, the information in the claim file is exempt
from discovery. Furthermore, Citizens relies on the Court’s decision in Nationwide
Ins. Co. of Florida v. Demmo, 57 So. 3d 982, 984 (Fla. 2d DCA. 2011) wherein the court
held claim documents are privileged in breach of contract actions. See also State Farm
Florida Ins. Co. v. Ramirez, 86 So. 3d 1198 (Fla. 3d DCA 2012); ef. Scottsdale Ins. Co.
v. Camara De Comercio Latino-Americana De Los Estados Unidos, Inc., 813 So. 2d 250,
251-52 (Fla. 3d DCA. 2002) (finding that the insured is not entitled to discovery of the
claims file). Subject to and without waiving said objection, all non-privileged and
non-objectionable documents, in the care, custody or control of the Defendant will be
made available for inspection and/or copying upon the reasonable cost of copying
same. A “Privilege Log” has been provided.
Any and all bills or estimates for repairs to the Property submitted to the Insurance
Company by the Insured.
RESPONSE: The requested documents will be made available for inspection after
scheduling the inspection for a mutually convenient date and time and/or production
will be made based upon the reasonable cost of copying same.
Any and all checks paid to, or on behalf of the Insured, representing insurance coverage
payment(s) for the loss.
RESPONSE: The requested documents will be made available for inspection after
scheduling the inspection for a mutually convenient date and time and/or production
will be made based upon the reasonable cost of copying same.
3|PageCERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via electronic
mail to Annette Del Aguila, Esq. Marin, Eljaiek, Lopez & Martinez, P.L.,
eservice@mellawyers.com; and mellaw7@mellawyers.com on this 28th day of February 2020.
RUBINTON & ASSOCIATES, P.A.
Bank of America Building
3801 Hollywood Blvd, Suite 300
Hollywood, Florida 33021
Telephone: 954-251-5500
Fax: 954-251-5501
By: /s/ Vida Jasaitis
JEFFREY A. RUBINTON, ESQ.
Florida Bar: 821756
VIDA E. JASAITIS, ESQ.
Florida Bar: 245800
Primary E-Mail Address: vjasaitis@rubintonlaw.com
Secondary E-Mail: pdesanti@rubintonlaw.com
Tertiary E-Mail: eservice@rubintonlaw.com
4|Page
Preview
Filing # 104098023 E-Filed 02/28/2020 02:37:05 PM IN THE CIRCUIT COURT OF THE 17™ JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA. JESUS VILLEDA AND JHANETH VILLEDA, VS. CASE NO: CACE-19-021344 Plaintiff(s), CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. / CITIZENS PROPERTY INSURANCE CORPORATION’S RESPONSES TO PLAINTIFFS’ FIRST REQUEST FOR PRODUCTION Defendant, CITIZENS PROPERTY INSURANCE CORPORATION (“Citizens”), by and through undersigned counsel, and pursuant to the applicable Florida Rules of Civil Procedure hereby files this Response to Plaintiffs’ Request for Production and states as follows: 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. RESPONSE: The requested documents will be made available for inspection after scheduling the inspection for a mutually convenient date and time and/or production will be made based upon the reasonable cost of copying same. Each and every timesheet, log and all other documents reflecting time spent by the Insurance Company at the Property. RESPONSE: Citizens objects to this request as being vague, ambiguous, overbroad and not limited in time and scope. Additionally, the request seeks information which is protected by the work product doctrine. Moreover, pursuant to the enabling legislation of Citizens and common law, the information in the claim file is exempt from discovery. Furthermore, Citizens relies on the Court’s decision in Nationwide Ins. Co. of Florida v. Demmo, 57 So. 3d 982, 984 (Fla. 2d DCA. 2011) wherein the court held claim documents are privileged in breach of contract actions. See also State Farm Florida Ins. Co. v. Ramirez, 86 So. 3d 1198 (Fla. 3d DCA 2012); cf. Scottsdale Ins. Co. v. Camara De Comercio Latino-Americana De Los Estados Unidos, Inc., 813 So. 2d 250, 251-52 (Fla. 3d DCA. 2002) (finding that the insured is not entitled to discovery of the claims file). A “Privilege Log” has been provided. 1|Page *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 02/28/2020 02:37:17 PM.****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. RESPONSE: Citizens objects to this request as being vague, ambiguous, overbroad and not limited in time and scope. Additionally, the request seeks information which is protected by the work product doctrine. Moreover, pursuant to the enabling legislation of Citizens and common law, the information in the claim file is exempt from discovery. Furthermore, Citizens relies on the Court’s decision in Nationwide Ins. Co. of Florida v. Demmo, 57 So. 3d 982, 984 (Fla. 2d DCA. 2011) wherein the court held claim documents are privileged in breach of contract actions. See also State Farm Florida Ins. Co. v. Ramirez, 86 So. 3d 1198 (Fla. 3d DCA 2012); ef. Scottsdale Ins. Co. y. Camara De Comercio Latino-Americana De Los Estados Unidos, Inc., 813 So. 2d 250, 251-52 (Fla. 3d DCA. 2002) (finding that the insured is not entitled to discovery of the claims file). A “Privilege Log” has been provided. 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. RESPONSE: The requested documents will be made available for inspection after scheduling the inspection for a mutually convenient date and time and/or production will be made based upon the reasonable cost of copying same. 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. RESPONSE: The requested documents will be made available for inspection after scheduling the inspection for a mutually convenient date and time and/or production will be made based upon the reasonable cost of copying same. Any and all photographs or video taken by the Insurance Company of the property. RESPONSE: Citizens objects to this request as being vague, ambiguous, overbroad and not limited in time and scope. Additionally, the request seeks information which is protected by the work product doctrine. Moreover, pursuant to the enabling legislation of Citizens and common law, the information in the claim file is exempt from discovery. Furthermore, Citizens relies on the Court’s decision in Nationwide Ins. Co. of Florida v. Demmo, 57 So. 3d 982, 984 (Fla. 2d DCA. 2011) wherein the court held claim documents are privileged in breach of contract actions. See also State Farm Florida Ins. Co. v. Ramirez, 86 So. 3d 1198 (Fla. 3d DCA 2012); ef. Scottsdale Ins. Co. y. Camara De Comercio Latino-Americana De Los Estados Unidos, Inc., 813 So. 2d 250, 251-52 (Fla. 3d DCA. 2002) (finding that the insured is not entitled to discovery of the claims file). Subject to and without waiving said objection, all non-privileged and non-objectionable documents, including redacted photographs, in the care, custody 2|Pageor control of the Defendant will be made available for inspection and/or copying upon the reasonable cost of copying same. A “Privilege Log” has been provided. 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. RESPONSE: Citizens objects to this request as being vague, ambiguous, overbroad and not limited in time and scope. Additionally, the request seeks information which is protected by the work product doctrine. Moreover, pursuant to the enabling legislation of Citizens and common law, the information in the claim file is exempt from discovery. Furthermore, Citizens relies on the Court’s decision in Nationwide Ins. Co. of Florida v. Demmo, 57 So. 3d 982, 984 (Fla. 2d DCA. 2011) wherein the court held claim documents are privileged in breach of contract actions. See also State Farm Florida Ins. Co. v. Ramirez, 86 So. 3d 1198 (Fla. 3d DCA 2012); ef. Scottsdale Ins. Co. v. Camara De Comercio Latino-Americana De Los Estados Unidos, Inc., 813 So. 2d 250, 251-52 (Fla. 3d DCA. 2002) (finding that the insured is not entitled to discovery of the claims file). Subject to and without waiving said objection, all non-privileged and non-objectionable documents, in the care, custody or control of the Defendant will be made available for inspection and/or copying upon the reasonable cost of copying same. A “Privilege Log” has been provided. Any and all bills or estimates for repairs to the Property submitted to the Insurance Company by the Insured. RESPONSE: The requested documents will be made available for inspection after scheduling the inspection for a mutually convenient date and time and/or production will be made based upon the reasonable cost of copying same. Any and all checks paid to, or on behalf of the Insured, representing insurance coverage payment(s) for the loss. RESPONSE: The requested documents will be made available for inspection after scheduling the inspection for a mutually convenient date and time and/or production will be made based upon the reasonable cost of copying same. 3|PageCERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via electronic mail to Annette Del Aguila, Esq. Marin, Eljaiek, Lopez & Martinez, P.L., eservice@mellawyers.com; and mellaw7@mellawyers.com on this 28th day of February 2020. RUBINTON & ASSOCIATES, P.A. Bank of America Building 3801 Hollywood Blvd, Suite 300 Hollywood, Florida 33021 Telephone: 954-251-5500 Fax: 954-251-5501 By: /s/ Vida Jasaitis JEFFREY A. RUBINTON, ESQ. Florida Bar: 821756 VIDA E. JASAITIS, ESQ. Florida Bar: 245800 Primary E-Mail Address: vjasaitis@rubintonlaw.com Secondary E-Mail: pdesanti@rubintonlaw.com Tertiary E-Mail: eservice@rubintonlaw.com 4|Page