Preview
Case Number: CACE-14-016597 Division: 05
Filing # 17559557 Electronically Filed 08/27/2014 09:28:32 AM
CINDY DE LA HOZ, IN THE CIRCUIT COURT OF THE 17th
JUDICIAL CIRCUIT IN AND FOR
Plaintiff, BROWARD COUNTY, FLORIDA
Vv. CIVIL DIVISION
CITIZENS PROPERTY INSURANCE
CORPORATION, CASE NO.:
Defendant.
PLAINTIFF'S FIRST REQUEST FOR PRODUCTION OF
DOCUMENTS TO DEFENDANT
Pursuant to Rule 1.350, Florida Rules of Civil Procedure, Plaintiff, CINDY DE LA HOZ
(the "Insured"), requests the Defendant, CITIZENS PROPERTY INSURANCE CORPORATION
(the Insurance Company") to produce the following identified documents and things for
inspection and duplication, at the offices of Barakat Legal, PA, 255 Alhambra Circle, Suite 900,
Coral Gables, Florida 33134 within the time permitted by the Florida Rules of Civil Procedure:
I. DEFINITIONS AND INSTRUCTIONS
1. The terms "you" 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,
CINDY DE LA HOZ v. CITIZENS PROPERTY INSURANCE CORPORATION, Seventeenth
Judicial Circuit Court 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
*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 8/27/2014 9:28:32 AM.****processed or transcribed, including the originals and all non-identical copies, whether different
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 “Insurance Company” shall refer to CITIZENS PROPERTY
INSURANCE CORPORATION, its affiliates, subsidiaries, predecessors, successors, agents,
attorneys and/or anyone else acting in its behalf.
7. The term “Property” identifies the dwelling unit insured under the policy, also
known as 16372 SEGOVIA CIRCLE NORTH FORT LAUDERDALE, Florida 33331.
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 to identify the person(s) having possession, custody or control thereof.
13. The term "to date" shall mean the date on which you respond to this request.
14, 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.
15. When producing the required documents, please produce all other documents
that are clipped, stapled or otherwise attached to any requested document.
16. 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.
17. 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.
18. 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, author(s), 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.
19. 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 documents, 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 April 2002 to
date.
21. The term "Insured" shall refer to CINDY DE LA _HOZ, their affiliates,
predecessors, successors, agents, attomeys and/or anyone else acting in their behalf.
i. 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) ifnot 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 the
Insurance Company to the Insured, 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
the Insurance Company at the Property.
3. 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.
4. Any and all correspondence or written communications from the Insurance
Company to the Insured, which in any matter pertain to the Insured's loss as described in the
Complaint.
5. Any and all correspondence or written communications from the Insured, to the
Insurance Company which in any matter pertains to the Insured's loss as described in the
complaint.
6. Any and all photographs or video taken by the Insurance Company of the
property.
7. 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.
8. Any and all bills or estimates for repairs to the Property submitted to the
Insurance Company by the Insured.9. Any and all checks paid to, or on behalf of the Insured, representing insurance
coverage payment(s) for the loss.
10. Any reports, estimates, or documents of any kind describing the damage incurred
at the subject dwelling and the name of the persona and company which performed said report.
11. A copy of the claim handling guidelines or procedures outlining how to handle a
Water Damage claim.
12. The specific language in the policy used by the Insurer to deny the claim at issue.
13. The denial letter sent to the insured, explaining why the claim was denied.
14. Any and all reports prepared by the Insurance Company relating in any way to
the claim at issue. This includes but in not limited to adjuster reports, examiner reports, and any
claim handling adjustment documents used by the Insurance Company.
15. The Insurance Company’s financial information for the preceding five (5) years.
This includes but is not limited to balance sheets, income statements, statement of accounts,
their current assets and liabilities, and any bank account statements or credit card statements.
16. If the claim at issue involves a dispute as to the amount of loss, any documents
supporting the amount of damage asserted by the insurance company.
17. The initial communication provided to the insurance company by the insured or
their representatives giving notice of the damage to the insurance company.
18. Any requests for appraisal submitted to the insurance company by the insured or
their representatives.CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy was served with the Complaint.
Respectfully submitted,
BARAKAT LEGAL, P.A.
255 Alhambra Circle, Suite 900
Coral Gables, FL 33134
Telephone: (786) 472-1812
Facsimile: (786) 545-7195
By:_/s/ Munir D. Barakat
MUNIR DAVID BARAKAT, ESQ.
Florida Bar No. 17642
roperty@barakatlegal.com
Preview
Case Number: CACE-14-016597 Division: 05 Filing # 17559557 Electronically Filed 08/27/2014 09:28:32 AM CINDY DE LA HOZ, IN THE CIRCUIT COURT OF THE 17th JUDICIAL CIRCUIT IN AND FOR Plaintiff, BROWARD COUNTY, FLORIDA Vv. CIVIL DIVISION CITIZENS PROPERTY INSURANCE CORPORATION, CASE NO.: Defendant. PLAINTIFF'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT Pursuant to Rule 1.350, Florida Rules of Civil Procedure, Plaintiff, CINDY DE LA HOZ (the "Insured"), requests the Defendant, CITIZENS PROPERTY INSURANCE CORPORATION (the Insurance Company") to produce the following identified documents and things for inspection and duplication, at the offices of Barakat Legal, PA, 255 Alhambra Circle, Suite 900, Coral Gables, Florida 33134 within the time permitted by the Florida Rules of Civil Procedure: I. DEFINITIONS AND INSTRUCTIONS 1. The terms "you" 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, CINDY DE LA HOZ v. CITIZENS PROPERTY INSURANCE CORPORATION, Seventeenth Judicial Circuit Court 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 *** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 8/27/2014 9:28:32 AM.****processed or transcribed, including the originals and all non-identical copies, whether different 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 “Insurance Company” shall refer to CITIZENS PROPERTY INSURANCE CORPORATION, its affiliates, subsidiaries, predecessors, successors, agents, attorneys and/or anyone else acting in its behalf. 7. The term “Property” identifies the dwelling unit insured under the policy, also known as 16372 SEGOVIA CIRCLE NORTH FORT LAUDERDALE, Florida 33331. 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 to identify the person(s) having possession, custody or control thereof. 13. The term "to date" shall mean the date on which you respond to this request. 14, 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. 15. When producing the required documents, please produce all other documents that are clipped, stapled or otherwise attached to any requested document. 16. 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. 17. 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. 18. 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, author(s), 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. 19. 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 documents, 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 April 2002 to date. 21. The term "Insured" shall refer to CINDY DE LA _HOZ, their affiliates, predecessors, successors, agents, attomeys and/or anyone else acting in their behalf. i. 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) ifnot 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 the Insurance Company to the Insured, 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 the Insurance Company at the Property. 3. 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. 4. Any and all correspondence or written communications from the Insurance Company to the Insured, which in any matter pertain to the Insured's loss as described in the Complaint. 5. Any and all correspondence or written communications from the Insured, to the Insurance Company which in any matter pertains to the Insured's loss as described in the complaint. 6. Any and all photographs or video taken by the Insurance Company of the property. 7. 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. 8. Any and all bills or estimates for repairs to the Property submitted to the Insurance Company by the Insured.9. Any and all checks paid to, or on behalf of the Insured, representing insurance coverage payment(s) for the loss. 10. Any reports, estimates, or documents of any kind describing the damage incurred at the subject dwelling and the name of the persona and company which performed said report. 11. A copy of the claim handling guidelines or procedures outlining how to handle a Water Damage claim. 12. The specific language in the policy used by the Insurer to deny the claim at issue. 13. The denial letter sent to the insured, explaining why the claim was denied. 14. Any and all reports prepared by the Insurance Company relating in any way to the claim at issue. This includes but in not limited to adjuster reports, examiner reports, and any claim handling adjustment documents used by the Insurance Company. 15. The Insurance Company’s financial information for the preceding five (5) years. This includes but is not limited to balance sheets, income statements, statement of accounts, their current assets and liabilities, and any bank account statements or credit card statements. 16. If the claim at issue involves a dispute as to the amount of loss, any documents supporting the amount of damage asserted by the insurance company. 17. The initial communication provided to the insurance company by the insured or their representatives giving notice of the damage to the insurance company. 18. Any requests for appraisal submitted to the insurance company by the insured or their representatives.CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy was served with the Complaint. Respectfully submitted, BARAKAT LEGAL, P.A. 255 Alhambra Circle, Suite 900 Coral Gables, FL 33134 Telephone: (786) 472-1812 Facsimile: (786) 545-7195 By:_/s/ Munir D. Barakat MUNIR DAVID BARAKAT, ESQ. Florida Bar No. 17642 roperty@barakatlegal.com