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Filing # 34546342 E-Filed 11/17/2015 01:35:52 PM
IN THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT, IN
AND FOR BROWARD — COUNTY,
FLORIDA
BENJAMIN EDELL AND REBECCA EDELL,
Plaintiffs, CASE NO.: CACE-15-013539 Division:21
v.
HERITAGE PROPERTY AND CASUALTY INSURANCE COMPANY,
Defendant.
/
PLAINTIFFS’ FIRST REQUEST FOR PRODUCTION
Plaintiffs, BENJAMIN EDELL AND REBECCA EDELL, by and through undersigned
counsel and pursuant to Rule 1.350 of the Florida Rules of Civil Procedure, request the Defendant,
HERITAGE PROPERTY AND CASUALTY INSURANCE COMPANY, (“Defendant”), to
produce for copying at the office of the undersigned, the following documents and things within thirty
(30) days.
I. DEFINITIONS AND INSTRUCTIONS
1. The terms “you”, “your(s)”, “yourselves”, “defendant”, and/or “Insurance Company “
means the party or parties to which this request is addressed, and any agents,
representatives, attorneys or other persons acting or purporting to act, on its behalf.
2. The term “person” means any natural person, individual, proprietorship, partnership,
corporation, association, organization, joint venture, firm, other business enterprise,
governmental body, group of natural persons, or other entity.
3. The “Complaint” means the Complaint filed by the insured in the matter entitled, BENJAMIN
EDELL AND REBECCA EDELL VS. HERITAGE PROPERTY AND CASUALTY
INSURANCE COMPANY, in the Seventeenth Judicial Circuit, in and for Broward County,
Florida.
4. The term “document” shall mean any written or graphic matter and other means of
preserving thought or expression and all tangible things from which information can be
processed or transcribed, including the originals and all non-identical copies, whether different
1
DAVID Low & ASSOCIATES, P.A. 20195 N.E. 16™ PLACE, SECOND FLOOR * MIAMI, FLORIDA 33179
(T) (305) 935-8986 * (F) (305) 675-2685
** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 11/17/2015 1:35:53 PM.****from the original by reason of any notation made on such copy or otherwise, including, but
not limited to, correspondence, memoranda, notes, messages, letters, telegrams, teletype,
telefax, bulletins, meetings or other communications, inter-office and intra-office telephone
calls, diaries, chronological data, minutes, books, reports, studies, summaries, pamphlets,
bulletins, printed matter, charts, ledgers, invoices, work-sheets, receipts, returns, computer
printouts, prospectuses, financial statements, schedules, affidavits, contracts, canceled
checks, statements, transcripts, statistics, surveys, magazine or newspaper articles, releases
(and any and all drafts, alterations or modifications, changes and amendments of any of the
foregoing), graphic or aural records or representations of any kind (including without
limitation, photographs, microfiche, microfilm, videotape, records and motion pictures) and
electronic, mechanical or electric records or representations of any kind (including without
limitation, tapes, cassettes, discs and records).
5. The term “all documents” means every document or group of documents as above defined
that are known to you or that can be located or discovered by reasonably diligent efforts.
6. The term “Defendant” shall refer to HERITAGE PROPERTY AND CASUALTY
INSURANCE COMPANY, its affiliates, subsidiaries, predecessors, successors, agents,
attorneys and/or anyone else acting on its behalf.
7. The term “Property” identifies the dwelling unit insured under the Policy, also known as
8919 NW 38th Drive, Unit # 6, Coral Springs, Florida 33065.
8. The term “communication(s)” means every manner or means of disclosure, transfer or
exchange of information, whether in person, by telephone, mail, personal delivery or
otherwise.
9. As used herein, the singular shall include the plural, the plural shall include the singular,
and the masculine, feminine and neutral shall include each of the other genders.
10. The terms “and”, “as well as” and “or” shall be construed disjunctively as well as
conjunctively as necessary to make the Interrogatory inclusive rather than exclusive. The
term “all” means “any and all.” The terms “each” and “every” means “each and every,” the
term “including” means “including without limitation.”
11. The terms “referring to” or “relating to” mean setting forth, pertaining to, memorializing,
constituting, embodying, discussing, analyzing, reflecting or otherwise concerning.
12. The terms “locate” or “location” means to state the present whereabouts of each document and
2
DAVID Low & ASSOCIATES, P.A. 20195 N.E. 16™ PLACE, SECOND FLOOR * MIAMI, FLORIDA 33179
(T) (305) 935-8986 * (F) (305) 675-268513.
15.
16.
17.
18.
19.
to identify the person(s) having possession, custody or control thereof.
The term “to date” shall mean the date on which you respond to this request.
. When producing the required documents, please keep all documents segregated by the file
in which the documents are contained and indicate the name of the file in which the
documents are contained and the name of the documents being produced.
When producing the required documents, please produce all other documents that are
clipped, stapled or otherwise attached to any requested document.
In the event such file(s) or document(s) has (have) been removed, either for the purpose of
this action or for some other purpose, please state the name and address of the person who
removed the file, the title of the file and each sub-file, if any, maintained within the file, and
the present location of the file.
The words “and” and “or” shall be construed either conjunctively or disjunctively to bring
within the scope of these requests any documents which might otherwise be construed to be
outside their scope.
If you claim that the attorney/client or any other privilege or the attorney’s work product
doctrine applies to any document, the production of which is called for by these requests, then
for each such document, state its date, subject matter, authors), recipient(s), present
custodian and all past custodians, and such additional information concerning the claim of
privilege or work product doctrine as will permit the adjudication of the propriety of the claim.
If you contend that it would be unreasonably burdensome to obtain and provide all of the
documents called for in response to any one of these requests, then in response to the
appropriate request:
a. furnish each such document that is available to you without
undertaking what you contend to be an unreasonable burden;
b. state with particularity the grounds on which you contend that
additional efforts to obtain such documents would be unreasonably
burdensome; and
c. describe with particularity the efforts made by you to secure such
documents, including, without limitation, the identity of all persons
consulted, and files, records, and documents reviewed, and _ the
identity of each person who participated in gathering such
3
DAVID Low & ASSOCIATES, P.A. 20195 N.E. 16™ PLACE, SECOND FLOOR * MIAMI, FLORIDA 33179
(T) 305) 935-8986 « (F) (305) 675-2685documents, including the duration of time spent and nature of work
done by each person.
20. Unless otherwise indicated, all requests include the time period of November 2009 to date.
21. The term “insured” shall refer to BENJAMIN EDELL AND REBECCA EDELL, their
affiliates, predecessors, successors, agents, attorneys and/or anyone else acting on their
behalf.
IL. LOST/DESTROYED DOCUMENTS
If any document to be produced was, but is no longer, in your possession, custody or control
and/or has been destroyed or is otherwise incapable of production or state: (a) the date, place and
means of the destruction; (b) the name and address of each person deciding upon, participating in
and having knowledge of the destruction; (c) the reason for the destruction; (d) if not destroyed, the
reason why the document is incapable of production; and (e) the subject matter of the document.
Ill. . DOCUMENTS REQUESTED
1. A true and correct certified copy of the insurance policy provided by Defendant to Plaintiffs
for which this lawsuit is premised, including but not limited to, declaration sheet(s), all
addendums and attachments.
2. Each and every timesheet, log and all other documents reflecting time spent by Defendant at
the Property.
3. Each and every document, evidencing the name, address, and the position/relationship with
Defendant, of every individual who has visited the Property on behalf of Defendant.
4. Any and all estimates created by Defendant’s agents, employees, or representatives for the
loss as described in the Complaint.
5. The initial inspection report created by Defendant’s field adjuster or representative who
initially inspected the loss as described in the Complaint.
6. Any and all inspection reports by any of Defendant’s agents, employees, or representatives
who inspected the loss as described in the Complaint.
7. Any and all correspondence, emails, letters, or written communications from Defendant to
Plaintiffs, or Plaintiffs’ agents, which in any manner pertain to Plaintiffs’ loss as described
in the Complaint.
4
DAVID Low & ASSOCIATES, P.A. 20195 N.E. 16™ PLACE, SECOND FLOOR * MIAMI, FLORIDA 33179
(T) (305) 935-8986 * (F) (305) 675-268510.
16.
17.
18.
19.
20.
21.
22.
23.
24.
Any and all correspondence, emails, letters, or written communications from Plaintiffs, or
Plaintiffs’ agents, to Defendant, which in any manner pertains to Plaintiffs’ loss as
described in the Complaint.
Any and all photographs (in color if available) or videos taken of the subject property by
Defendant for any inspections conducted for the loss as described in the Complaint.
Any and all photographs (in color if available) or video of the subject property in
Defendant’s possession taken at any time while Plaintiffs were Defendant’s insured.
. Any and all photographs (in color if available) or videos in Defendant’s possession of the
subject property taken as a result of Plaintiffs’ applying for insurance with Defendant.
Any and all recorded statements and any transcripts of any recorded statements in
Defendant’s possession taken of Plaintiffs by Defendant for the claim as described in the
Complaint.
. Any and all recorded statements and any transcripts of any recorded statements in
Defendant’s possession taken of any witnesses by Defendant for the loss as described in
the Complaint.
Any and all receipts or estimates for repairs to the subject property submitted to Defendant
by Plaintiffs.
. Any and all copies of checks issued to Plaintiffs by Defendant for the claim as described in
the Complaint.
Any reports, estimates, or documents of any kind describing the damage incurred at the
subject dwelling and the name of the person and company which performed said report.
A copy of the claim handling guidelines or procedures outlining how to handle a water claim.
Any and all denial letters sent to Plaintiffs by Defendant.
Any and all payment letters sent to Plaintiffs by Defendant.
All documents that Defendant has in its possession pertaining to Plaintiffs’ prior claims.
The initial document(s) provided to Defendant by Plaintiffs or their representatives giving
notice of the claim as described in the Complaint.
Any requests for appraisal submitted to Defendant by Plaintiffs or their representatives.
Any and all applications for insurance filled out by Plaintiffs.
Any and all documentation produced by Plaintiffs to Defendant during Plaintiffs’
application process with Defendant or Defendant’s agent.
5
DAVID Low & ASSOCIATES, P.A. 20195 N.E. 16™ PLACE, SECOND FLOOR * MIAMI, FLORIDA 33179
(T) 305) 935-8986 « (F) (305) 675-268525. Any and all documentation related to Defendant’s Four Point Inspection of the subject
property.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served
electronically via the E-Portal on Glenn H. Malin, Esq., Peterson Bernard, Attorneys for the
Defendant, at gmalin@ftl-law.com and jguarente@ftl-law.com, on the 17th day of November,
2015.
Respectfully submitted,
DAVID LOW & ASSOCIATES, P.A.
20195 N.E. 16" Place, Second Place
Miami, Florida 33179
Tel.: (305) 935-8986
Fax: (305) 675-2685
E-Service Email: eservice@davidlowpa.com
Non-Service Email:awinston@davidlowpa.com
By: /s/ Amanda Winston
DAVID LOW, ESQ.
Florida Bar No.: 67957
AMANDA WINSTON, ESQ.
Florida Bar No.: 115644
6
DAVID Low & ASSOCIATES, P.A. 20195 N.E. 16™ PLACE, SECOND FLOOR * MIAMI, FLORIDA 33179
(T) (305) 935-8986 * (F) (305) 675-2685
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Filing # 34546342 E-Filed 11/17/2015 01:35:52 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT, IN AND FOR BROWARD — COUNTY, FLORIDA BENJAMIN EDELL AND REBECCA EDELL, Plaintiffs, CASE NO.: CACE-15-013539 Division:21 v. HERITAGE PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant. / PLAINTIFFS’ FIRST REQUEST FOR PRODUCTION Plaintiffs, BENJAMIN EDELL AND REBECCA EDELL, by and through undersigned counsel and pursuant to Rule 1.350 of the Florida Rules of Civil Procedure, request the Defendant, HERITAGE PROPERTY AND CASUALTY INSURANCE COMPANY, (“Defendant”), to produce for copying at the office of the undersigned, the following documents and things within thirty (30) days. I. DEFINITIONS AND INSTRUCTIONS 1. The terms “you”, “your(s)”, “yourselves”, “defendant”, and/or “Insurance Company “ means the party or parties to which this request is addressed, and any agents, representatives, attorneys or other persons acting or purporting to act, on its behalf. 2. The term “person” means any natural person, individual, proprietorship, partnership, corporation, association, organization, joint venture, firm, other business enterprise, governmental body, group of natural persons, or other entity. 3. The “Complaint” means the Complaint filed by the insured in the matter entitled, BENJAMIN EDELL AND REBECCA EDELL VS. HERITAGE PROPERTY AND CASUALTY INSURANCE COMPANY, in the Seventeenth Judicial Circuit, in and for Broward County, Florida. 4. The term “document” shall mean any written or graphic matter and other means of preserving thought or expression and all tangible things from which information can be processed or transcribed, including the originals and all non-identical copies, whether different 1 DAVID Low & ASSOCIATES, P.A. 20195 N.E. 16™ PLACE, SECOND FLOOR * MIAMI, FLORIDA 33179 (T) (305) 935-8986 * (F) (305) 675-2685 ** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 11/17/2015 1:35:53 PM.****from the original by reason of any notation made on such copy or otherwise, including, but not limited to, correspondence, memoranda, notes, messages, letters, telegrams, teletype, telefax, bulletins, meetings or other communications, inter-office and intra-office telephone calls, diaries, chronological data, minutes, books, reports, studies, summaries, pamphlets, bulletins, printed matter, charts, ledgers, invoices, work-sheets, receipts, returns, computer printouts, prospectuses, financial statements, schedules, affidavits, contracts, canceled checks, statements, transcripts, statistics, surveys, magazine or newspaper articles, releases (and any and all drafts, alterations or modifications, changes and amendments of any of the foregoing), graphic or aural records or representations of any kind (including without limitation, photographs, microfiche, microfilm, videotape, records and motion pictures) and electronic, mechanical or electric records or representations of any kind (including without limitation, tapes, cassettes, discs and records). 5. The term “all documents” means every document or group of documents as above defined that are known to you or that can be located or discovered by reasonably diligent efforts. 6. The term “Defendant” shall refer to HERITAGE PROPERTY AND CASUALTY INSURANCE COMPANY, its affiliates, subsidiaries, predecessors, successors, agents, attorneys and/or anyone else acting on its behalf. 7. The term “Property” identifies the dwelling unit insured under the Policy, also known as 8919 NW 38th Drive, Unit # 6, Coral Springs, Florida 33065. 8. The term “communication(s)” means every manner or means of disclosure, transfer or exchange of information, whether in person, by telephone, mail, personal delivery or otherwise. 9. As used herein, the singular shall include the plural, the plural shall include the singular, and the masculine, feminine and neutral shall include each of the other genders. 10. The terms “and”, “as well as” and “or” shall be construed disjunctively as well as conjunctively as necessary to make the Interrogatory inclusive rather than exclusive. The term “all” means “any and all.” The terms “each” and “every” means “each and every,” the term “including” means “including without limitation.” 11. The terms “referring to” or “relating to” mean setting forth, pertaining to, memorializing, constituting, embodying, discussing, analyzing, reflecting or otherwise concerning. 12. The terms “locate” or “location” means to state the present whereabouts of each document and 2 DAVID Low & ASSOCIATES, P.A. 20195 N.E. 16™ PLACE, SECOND FLOOR * MIAMI, FLORIDA 33179 (T) (305) 935-8986 * (F) (305) 675-268513. 15. 16. 17. 18. 19. to identify the person(s) having possession, custody or control thereof. The term “to date” shall mean the date on which you respond to this request. . When producing the required documents, please keep all documents segregated by the file in which the documents are contained and indicate the name of the file in which the documents are contained and the name of the documents being produced. When producing the required documents, please produce all other documents that are clipped, stapled or otherwise attached to any requested document. In the event such file(s) or document(s) has (have) been removed, either for the purpose of this action or for some other purpose, please state the name and address of the person who removed the file, the title of the file and each sub-file, if any, maintained within the file, and the present location of the file. The words “and” and “or” shall be construed either conjunctively or disjunctively to bring within the scope of these requests any documents which might otherwise be construed to be outside their scope. If you claim that the attorney/client or any other privilege or the attorney’s work product doctrine applies to any document, the production of which is called for by these requests, then for each such document, state its date, subject matter, authors), recipient(s), present custodian and all past custodians, and such additional information concerning the claim of privilege or work product doctrine as will permit the adjudication of the propriety of the claim. If you contend that it would be unreasonably burdensome to obtain and provide all of the documents called for in response to any one of these requests, then in response to the appropriate request: a. furnish each such document that is available to you without undertaking what you contend to be an unreasonable burden; b. state with particularity the grounds on which you contend that additional efforts to obtain such documents would be unreasonably burdensome; and c. describe with particularity the efforts made by you to secure such documents, including, without limitation, the identity of all persons consulted, and files, records, and documents reviewed, and _ the identity of each person who participated in gathering such 3 DAVID Low & ASSOCIATES, P.A. 20195 N.E. 16™ PLACE, SECOND FLOOR * MIAMI, FLORIDA 33179 (T) 305) 935-8986 « (F) (305) 675-2685documents, including the duration of time spent and nature of work done by each person. 20. Unless otherwise indicated, all requests include the time period of November 2009 to date. 21. The term “insured” shall refer to BENJAMIN EDELL AND REBECCA EDELL, their affiliates, predecessors, successors, agents, attorneys and/or anyone else acting on their behalf. IL. LOST/DESTROYED DOCUMENTS If any document to be produced was, but is no longer, in your possession, custody or control and/or has been destroyed or is otherwise incapable of production or state: (a) the date, place and means of the destruction; (b) the name and address of each person deciding upon, participating in and having knowledge of the destruction; (c) the reason for the destruction; (d) if not destroyed, the reason why the document is incapable of production; and (e) the subject matter of the document. Ill. . DOCUMENTS REQUESTED 1. A true and correct certified copy of the insurance policy provided by Defendant to Plaintiffs for which this lawsuit is premised, including but not limited to, declaration sheet(s), all addendums and attachments. 2. Each and every timesheet, log and all other documents reflecting time spent by Defendant at the Property. 3. Each and every document, evidencing the name, address, and the position/relationship with Defendant, of every individual who has visited the Property on behalf of Defendant. 4. Any and all estimates created by Defendant’s agents, employees, or representatives for the loss as described in the Complaint. 5. The initial inspection report created by Defendant’s field adjuster or representative who initially inspected the loss as described in the Complaint. 6. Any and all inspection reports by any of Defendant’s agents, employees, or representatives who inspected the loss as described in the Complaint. 7. Any and all correspondence, emails, letters, or written communications from Defendant to Plaintiffs, or Plaintiffs’ agents, which in any manner pertain to Plaintiffs’ loss as described in the Complaint. 4 DAVID Low & ASSOCIATES, P.A. 20195 N.E. 16™ PLACE, SECOND FLOOR * MIAMI, FLORIDA 33179 (T) (305) 935-8986 * (F) (305) 675-268510. 16. 17. 18. 19. 20. 21. 22. 23. 24. Any and all correspondence, emails, letters, or written communications from Plaintiffs, or Plaintiffs’ agents, to Defendant, which in any manner pertains to Plaintiffs’ loss as described in the Complaint. Any and all photographs (in color if available) or videos taken of the subject property by Defendant for any inspections conducted for the loss as described in the Complaint. Any and all photographs (in color if available) or video of the subject property in Defendant’s possession taken at any time while Plaintiffs were Defendant’s insured. . Any and all photographs (in color if available) or videos in Defendant’s possession of the subject property taken as a result of Plaintiffs’ applying for insurance with Defendant. Any and all recorded statements and any transcripts of any recorded statements in Defendant’s possession taken of Plaintiffs by Defendant for the claim as described in the Complaint. . Any and all recorded statements and any transcripts of any recorded statements in Defendant’s possession taken of any witnesses by Defendant for the loss as described in the Complaint. Any and all receipts or estimates for repairs to the subject property submitted to Defendant by Plaintiffs. . Any and all copies of checks issued to Plaintiffs by Defendant for the claim as described in the Complaint. Any reports, estimates, or documents of any kind describing the damage incurred at the subject dwelling and the name of the person and company which performed said report. A copy of the claim handling guidelines or procedures outlining how to handle a water claim. Any and all denial letters sent to Plaintiffs by Defendant. Any and all payment letters sent to Plaintiffs by Defendant. All documents that Defendant has in its possession pertaining to Plaintiffs’ prior claims. The initial document(s) provided to Defendant by Plaintiffs or their representatives giving notice of the claim as described in the Complaint. Any requests for appraisal submitted to Defendant by Plaintiffs or their representatives. Any and all applications for insurance filled out by Plaintiffs. Any and all documentation produced by Plaintiffs to Defendant during Plaintiffs’ application process with Defendant or Defendant’s agent. 5 DAVID Low & ASSOCIATES, P.A. 20195 N.E. 16™ PLACE, SECOND FLOOR * MIAMI, FLORIDA 33179 (T) 305) 935-8986 « (F) (305) 675-268525. Any and all documentation related to Defendant’s Four Point Inspection of the subject property. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served electronically via the E-Portal on Glenn H. Malin, Esq., Peterson Bernard, Attorneys for the Defendant, at gmalin@ftl-law.com and jguarente@ftl-law.com, on the 17th day of November, 2015. Respectfully submitted, DAVID LOW & ASSOCIATES, P.A. 20195 N.E. 16" Place, Second Place Miami, Florida 33179 Tel.: (305) 935-8986 Fax: (305) 675-2685 E-Service Email: eservice@davidlowpa.com Non-Service Email:awinston@davidlowpa.com By: /s/ Amanda Winston DAVID LOW, ESQ. Florida Bar No.: 67957 AMANDA WINSTON, ESQ. Florida Bar No.: 115644 6 DAVID Low & ASSOCIATES, P.A. 20195 N.E. 16™ PLACE, SECOND FLOOR * MIAMI, FLORIDA 33179 (T) (305) 935-8986 * (F) (305) 675-2685