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Filing # 38673380 E-Filed 03/07/2016 11:36:57 AM
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
LUZ DEL CARMEN FLORES,
VS.
Plaintiff, CASE NO. CACE-15-022300
SAFEPOINT INSURANCE COMPANY,
Defendant.
/
DEFENDANT’S RESPONSE TO PLAINTIFF’S REQUEST TO PRODUCE
COMES NOW, Defendant, SAFEPOINT INSURANCE COMPANY, by and through
its undersigned counsel, and pursuant to the Florida Rule of Civil Procedure 1.350,
hereby responds to Plaintiff's Request to Produce and would state 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: See the Certified Policy attached as Tab # 1.
Each and every timesheet, log and all other documents reflecting time spent by
the Insurance Company at the Property.
RESPONSE: Objection, this Request is vague, overbroad, seeks
information protected by the work product privilege, and
seeks claims handling information that is not
discoverable in a first-party breach of contract claim.
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 Defendant .
RESPONSE: See the field adjuster’s photographs and the GHD report
attached under Tab # 3.
*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 3/7/2016 11:36:57 AM.****10.
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: See the correspondence attached as Tab # 4.
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: See the correspondence attached as Tab # 5.
Any and all photographs taken by the Insurance Company of the Property.
RESPONSE: See the field adjuster’s photographs attached under Tab
# 3.
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: Objection, this Request is vague, overbroad, seeks
information protected by the work product privilege, and
seeks claims handling information that is not
discoverable in a first-party breach of contract claim.
Any and all bills or estimates for repairs to the Property submitted to the Insurance
Company by the Insured.
RESPONSE: See the estimate attached as Tab # 8.
Any and all checks paid to, or on behalf of the Insured, representing insurance
coverage payment(s) for the loss.
RESPONSE: Plaintiff is in possession of all checks issued for this
claim.
All documents which support or tend to support Defendant's denial of any of
Plaintiff's requests for Admissions.
RESPONSE: See the documents produced herein.11.
12.
13.
14,
15.
16.
Every document which supports or tends to support or evidence each of
Defendant's affirmative defenses.
RESPONSE: See the documents produced herein.
All inspection reports created by Defendant for the subject property.
RESPONSE: Objection, this Request is vague, overbroad, seeks
information protected by the work product privilege, and
seeks claims handling information that is not
discoverable in a first-party breach of contract claim.
All inspection reports that were created by Defendant to determine if Defendant
should issue an insurance policy for the subject property.
RESPONSE: Objection, this Request is vague, overbroad, not
reasonably calculated to lead to the discovery of
admissible evidence, seeks information protected by the
work product privilege, and seeks claims handling and/or
underwriting information that is not discoverable in a
first-party breach of contract claim.
All inspection reports that were created by Defendant for the subject property prior
to issuing a policy of insurance to Plaintiff.
RESPONSE: Objection, this Request is vague, overbroad, not
reasonably calculated to lead to the discovery of
admissible evidence, seeks information protected by the
work product privilege, and seeks claims handling and/or
underwriting information that is not discoverable in a
first-party breach of contract claim.
All inspection reports that were given to Defendant either by Plaintiff or any prior
homeowner of the property at issue.
RESPONSE: Not applicable.
All inspection reports created by Defendant that were given to Plaintiff or any prior
homeowner of the property at issue.
RESPONSE: Not applicable.17.
18.
The underwriting file pertaining to the property at issue.
RESPONSE: Objection, this Request is vague, overbroad, not
reasonably calculated to lead to the discovery of
admissible evidence, seeks information protected by the
work product privilege, and seeks claims handling and/or
underwriting information that is not discoverable in a
first-party breach of contract claim.
All documents of and portions of the claims file that Defendant will use at trial.
RESPONSE: Objection, this Interrogatory is premature. Defendant will
identify its trial exhibits in compliance with this Court’s
Uniform Order Setting Cause for Pre-Trial and Jury Trial.CERTIFICATE OF SERVICE
P
| HEREBY CERTIFY that on this 7. day of March, 2016, a true and correct copy
of the foregoing was filed with the Clerk of Broward County by using the Florida Courts
e-Filing Portal, which will send an automatic email message to the following parties
registered with the e-Filing Portal system: abarnard@barnardlawlp.com;
dbarnard@barnardlawip.com; office@barnardlawlp.com; Andrew C. Barnard, Esq.,
Barnard Law Offices LP, 9655 S. Dixie Hwy., Suite 200, Miami, FL 33156, Attorney for
Plaintiff.
By: /s! Andrew L. Bickford
ANDREW L. BICKFORD, ESQ.
FBN: 092262
Attorney for Defendant
SafePoint Insurance Company
12640 Telecom Drive
Tampa, Florida 33637
E-Mail: abickford@safepointins.com
24 E-Mail: apowers@safepointins.com
Telephone: (813) 575-1128
Facsimile: (813) 534-5108
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Filing # 38673380 E-Filed 03/07/2016 11:36:57 AM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA LUZ DEL CARMEN FLORES, VS. Plaintiff, CASE NO. CACE-15-022300 SAFEPOINT INSURANCE COMPANY, Defendant. / DEFENDANT’S RESPONSE TO PLAINTIFF’S REQUEST TO PRODUCE COMES NOW, Defendant, SAFEPOINT INSURANCE COMPANY, by and through its undersigned counsel, and pursuant to the Florida Rule of Civil Procedure 1.350, hereby responds to Plaintiff's Request to Produce and would state 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: See the Certified Policy attached as Tab # 1. Each and every timesheet, log and all other documents reflecting time spent by the Insurance Company at the Property. RESPONSE: Objection, this Request is vague, overbroad, seeks information protected by the work product privilege, and seeks claims handling information that is not discoverable in a first-party breach of contract claim. 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 Defendant . RESPONSE: See the field adjuster’s photographs and the GHD report attached under Tab # 3. *** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 3/7/2016 11:36:57 AM.****10. 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: See the correspondence attached as Tab # 4. 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: See the correspondence attached as Tab # 5. Any and all photographs taken by the Insurance Company of the Property. RESPONSE: See the field adjuster’s photographs attached under Tab # 3. 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: Objection, this Request is vague, overbroad, seeks information protected by the work product privilege, and seeks claims handling information that is not discoverable in a first-party breach of contract claim. Any and all bills or estimates for repairs to the Property submitted to the Insurance Company by the Insured. RESPONSE: See the estimate attached as Tab # 8. Any and all checks paid to, or on behalf of the Insured, representing insurance coverage payment(s) for the loss. RESPONSE: Plaintiff is in possession of all checks issued for this claim. All documents which support or tend to support Defendant's denial of any of Plaintiff's requests for Admissions. RESPONSE: See the documents produced herein.11. 12. 13. 14, 15. 16. Every document which supports or tends to support or evidence each of Defendant's affirmative defenses. RESPONSE: See the documents produced herein. All inspection reports created by Defendant for the subject property. RESPONSE: Objection, this Request is vague, overbroad, seeks information protected by the work product privilege, and seeks claims handling information that is not discoverable in a first-party breach of contract claim. All inspection reports that were created by Defendant to determine if Defendant should issue an insurance policy for the subject property. RESPONSE: Objection, this Request is vague, overbroad, not reasonably calculated to lead to the discovery of admissible evidence, seeks information protected by the work product privilege, and seeks claims handling and/or underwriting information that is not discoverable in a first-party breach of contract claim. All inspection reports that were created by Defendant for the subject property prior to issuing a policy of insurance to Plaintiff. RESPONSE: Objection, this Request is vague, overbroad, not reasonably calculated to lead to the discovery of admissible evidence, seeks information protected by the work product privilege, and seeks claims handling and/or underwriting information that is not discoverable in a first-party breach of contract claim. All inspection reports that were given to Defendant either by Plaintiff or any prior homeowner of the property at issue. RESPONSE: Not applicable. All inspection reports created by Defendant that were given to Plaintiff or any prior homeowner of the property at issue. RESPONSE: Not applicable.17. 18. The underwriting file pertaining to the property at issue. RESPONSE: Objection, this Request is vague, overbroad, not reasonably calculated to lead to the discovery of admissible evidence, seeks information protected by the work product privilege, and seeks claims handling and/or underwriting information that is not discoverable in a first-party breach of contract claim. All documents of and portions of the claims file that Defendant will use at trial. RESPONSE: Objection, this Interrogatory is premature. Defendant will identify its trial exhibits in compliance with this Court’s Uniform Order Setting Cause for Pre-Trial and Jury Trial.CERTIFICATE OF SERVICE P | HEREBY CERTIFY that on this 7. day of March, 2016, a true and correct copy of the foregoing was filed with the Clerk of Broward County by using the Florida Courts e-Filing Portal, which will send an automatic email message to the following parties registered with the e-Filing Portal system: abarnard@barnardlawlp.com; dbarnard@barnardlawip.com; office@barnardlawlp.com; Andrew C. Barnard, Esq., Barnard Law Offices LP, 9655 S. Dixie Hwy., Suite 200, Miami, FL 33156, Attorney for Plaintiff. By: /s! Andrew L. Bickford ANDREW L. BICKFORD, ESQ. FBN: 092262 Attorney for Defendant SafePoint Insurance Company 12640 Telecom Drive Tampa, Florida 33637 E-Mail: abickford@safepointins.com 24 E-Mail: apowers@safepointins.com Telephone: (813) 575-1128 Facsimile: (813) 534-5108