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Filing # 26231220 E-Filed 04/17/2015 01:39:45 PM
IN THE CIRCUIT COURT OF THE 17" JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
CASE NO: CACE- 14-016655 (02)
DEBRA HINES,
Plaintiff,
vs.
HOMEOWNERS CHOICE PROPERTY &
CASUALTY INSURANCE COMPANY, INC.,
a Florida corporation,
Defendants.
A
PLAINTIFF’S AMENDED RESPONSES TO DEFENDANT’S
INTERROGATORIES
COMES NOW, Plaintiff, DEBRA HINES, by and through her undersigned
counsel, and hereby Responds to Defendant’s Interrogatories as follows:
CERTIFICATE OF SERVICE
IT HEREBY CERTIFY that a true and correct copy of the foregoing instrument
was sent via email this 17" day of April, 2015, to: Jonathan Hall, Esq. and Robert
Schulte, Esq.; GROELLE & SALMON P.A., 11301 Okeechobee Blvd., Second Floor,
West Palm Beach, Florida 33411; Telephone: (561) 963-5500; Fax: (561) 963-2265;
email: gsweourtdocs@gspalaw.com and gclausen@gspalaw.com.
Sherman Law, P.A.
4000 Hollywood Blvd., #265-S
Hollywood, FL 33021
Office: (954) 894-8000
Direct: (305) 494-6345
Fax: (305) 397-1725
By:_ /s/ Julio Martinez
RYAN SHERMAN, Esq.
Florida Bar No.: 686271
JULIO MARTINEZ, Esq.
Florida Bar No.: 85128
Eservice: l:serviceSLPA@gmail.com
*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 4/17/2015 1:39:45 PM.****INTERROGATORIES TO PLAINTIFF
1. Please describe with specificity the loss which occurred at your property. State
when it occurred, how it occurred, who discovered it, and how it was discovered.
ANSWER:
On or about the date of loss, Plaintiff first noticed “bubbling”
and cracking on an interior wall. Shortly after, Plaintiff
discovered cracking in walls and flooring inside and outside
the subject home, as well as damage in frame of house. Further
investigation also uncovered cracks in pool area.
2. Please identify all individuals that have an opinion about the presence of sinkhole
activity. Provide all known contact information.
ANSWER:
Carlos Nayor, Adjuster
Atlantic Coast Consultants, LLC
11900 Biscayne Blvd, Suite 502, North Miami Beach, FL 33181
Ahmed Said, Sinkhole Geotech, Inc.
21859 State Road 54, Lutz, FL 33549
Sam Upchurch, SDII Global Corporation.
4509 George Road, Tampa, FL 33634
Any agents and/or representatives of Homeowners Choice.
3. Please identify all individuals that have an opinion about the presence of
structural damage. Provide all known contact information.
ANSWER:
See Plaintiff’s Response to Interrogatory #2.
4. Please identify all individuals that can support your claim that “on or about
February 20, 2012, the Plaintiff suffered a loss on account of a sinkhole causing damage
to Plaintiff's property”. Provide all known contact information.
ANSWER:
Carlos Nayor, Adjuster
Atlantic Coast Consultants, LLC
11900 Biscayne Blvd, Suite 502, North Miami Beach, FL 33181
Ahmed Said, Sinkhole Geotech, Inc.
21859 State Road 54, Lutz, FL 335495. Please identify all individuals that disagree with the causes of damage outlined in
the SDII Global Corporation report and provide all known contact information.
ANSWER: Carlos Nayor, Adjuster
Atlantic Coast Consultants, LLC
11900 Biscayne Blvd, Suite 502, North Miami Beach, FL 33181
Ahmed Said, Sinkhole Geotech, Inc.
21859 State Road 54, Lutz, FL 33549
6. Please identify and describe all contractual obligations you are alleging the
Defendant failed to comply with.
ANSWER: _ See Complaint, as Complaint speaks for itself.
7. Please identify all portions of the policy and/or all statutes you are seeking a
judicial interpretation of.
ANSWER: See Petition for Declaratory Relief Count found within
Complaint. Also, please refer to denial letter for this specific
policy language.
8. Please identify and state all damages you are seeking to recover for and identify
all individuals that can support the amount.
ANSWER: See Complaint as well as Documents attached with Plaintiff's
Responses to Defendant’s Request for Production.
9. Please state all conditions precedent to recovery you have performed.
ANSWER: Objection, to the extent this interrogatory requires policy
interpretation, which is reserved for the trial court. Without
waiving the objection, Plaintiff immediately reported the loss
and thereafter Plaintiff, or a representative acting on her
behalf, fully cooperated with Defendant’s claim’s handling and
requests thereof; this included but was not limited to keeping
records, providing requested documents, and exhibiting the
property.10. Please state all conditions you are alleging the Defendant waived.
ANSWER: Objection, this interrogatory requires policy interpretation
which is reserved for the trial court. Without waiving the
objection, it is Plaintiffs position that Defendant’s denial
based on differential settlement effectively waives Defendant’s
right to assert post-denial failures of policy conditions.
11. Please describe all actions you have done to protect the property from further
damage following the loss.
ANSWER: Plaintiff diligently reported the claim, acted promptly to
determine the cause of the problem, and mitigated as much as
possible. Unlike a plumbing loss or roof leak, sinkholes
mitigation is difficult absent an expertise.
12. Please describe how “the Plaintiff has been damaged monetarily in regard to their
SINKHOLE CLAIM by the failure of the Defendant to comply with its contractual
obligations”.
ANSWER: Plaintiffs property, insured by the subject policy, is damaged.
See estimate for repairs to damages caused by the loss at issue.
13. Please identify all dates you or your representatives had communication with the
Defendant or its representatives, including but not limited to ROL Insurance Consulting,
as it relates to this loss and for each date state the substance and form of the
communication.
ANSWER: Please see Documents attached with Plaintiff's Responses to
Defendant’s Request for Production.
14. Please describe all communication you ever had with Walter Tim Swope.
ANSWER: Please see Documents attached with Plaintiff's Responses to
Defendant’s Request for Production. Plaintiff does not recall
specific details about conversation(s) with Mr. Swope.
Investigation continues.15. Please describe all actions you witnessed any individual doing while inspecting
your property as it relates to this loss. Identify the individual, the action, and the date.
ANSWER: Object, this interrogatory is vague, overbroad, and only
intended to harass Plaintiff. Furthermore, the interrogatory
calls for speculation since Plaintiff may not be aware of the
purpose of a particular inspector’s actions.
16. Please describe all communication you have had with any employees of SDII
Global Corporation.
ANSWER: Please see Documents attached with Plaintiff's Responses to
Defendant’s Request for Production.
17. Please state when and how the loss was reported to the Defendant, how the loss
was described, who reported the loss, who the loss was reported to (name of
individual(s), and what was said between whoever reported it and whoever it was
reported to.
ANSWER: Loss was reported by Plaintiff's husband (deceased since
September 2013). Plaintiff is not sure how Mr. Hines reported
the loss however records in Defendant’s possession may serve
to refresh her recollection.
18. Please state why the loss was reported on the day it was reported.
ANSWER: Loss was reported soon after Plaintiff's discovery of the
damage.
19. Please identify all other insurance claims you have had and state the outcome of
those claims.
ANSWER: Fire loss claim in approximately 2011/2012. Coverage was
extended. Plaintiff made all repairs; expended monies in excess
to payment by insurance company. Plaintiff cannot find
records relating to those repairs; investigation continues.20. Please state whether the damage has changed in any way since April 9, 2012, the
day SDII Global Corporation completed a damage assessment, and if so describe how the
damage has changed, and when it changed.
ANSWER: Objection, Plaintiff is not an expert and can only provide
information she visualizes. That said, Plaintiff cannot provide
opinions on whether the progressed damages impacts the scope
and value of needed repairs to the property.
21. Please state whether you are aware of sinkhole activity in your neighborhood and
if so identify the addresses and any engineering or geological report you are aware of for
those properties.
ANSWER: Information has been requested and will be provided upon
receipt.
22. Please list all periods of time for which you have resided at the property.
ANSWER: _ Plaintiff has lived in home since purchased in 2000.
23. Please list all periods of time for which you have owned the property.
ANSWER: Property has been owned by Plaintiffs since 2000, although
property was deeded to Plaintiff's brother, Eugene McGirt
from 2003-2007.
24. Please describe why the property was deeded to Eugene McGirt from
approximately 2003 — 2007.
ANSWER: = Objection, this information seeks information which is neither
relevant nor reasonably calculated to lead to the discovery of
admissible evidence.
25. Please state whether you have every attempted to sell the property.
ANSWER: No.26. Please describe all repairs, modifications, or renovations that have been done to
the property. State who did the work, when the work was done, and how much was spent
doing the work. Provide all known contact information for the individuals listed.
ANSWER: 2011/2012: Repairs made to kitchen following Fire Loss in
2011/2012.
2005/2006: Repairs and renovations in Kitchen; namely
counter, cabinetry and flooring.
27. Please describe all communication with Tim Greene as it relates to this loss.
Provide all known contact information for him.
ANSWER: Tim Greene was contractor for repair following Fire Loss in
2011/2012. Mr. Greene discussed the potential of making the
repairs relating to the subject loss as well.
28. Please state whether you are claiming damage to any Other Structures or damage
that you believe would be covered under Coverage B in the policy and describe such
damage.
ANSWER: Not applicable, investigation continues.
29. Please describe all contractual and statutory duties which you allege the
Defendant failed to comply with and list all damages which have resulted from the failure
to comply with said duty.
ANSWER: _ Please see Complaint which speaks for itself.
30. Please describe why you believe the Defendant breached the contract and list all
damages which have resulted from the breach.
ANSWER: Defendant failed to tender insurance benefits for a loss she
understood to be covered under the policy of insurance. See
estimate attached in response to Request for Production for
claimed damages.STATE OF FLORIDA _ )
SS:
county or Léa
The foregoing instrument was acknowledged by me this /o day of
Apa q , QUE by VA Hy ES » who is personally known to me or
who has produced , as identification and who did (did_not) take an
oath.
‘ARY PUBLIC
—
(Name of Notary, “i
written or stamped)
Notre) (UBC
(Title)
LE 209424
(Serial Number, if any)
Pie, Notary Public State of Florida
Tracie Myers
3 ‘My Commission €€ 209423
y Pe Expires 08/19/2016
Preview
Filing # 26231220 E-Filed 04/17/2015 01:39:45 PM IN THE CIRCUIT COURT OF THE 17" JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO: CACE- 14-016655 (02) DEBRA HINES, Plaintiff, vs. HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, INC., a Florida corporation, Defendants. A PLAINTIFF’S AMENDED RESPONSES TO DEFENDANT’S INTERROGATORIES COMES NOW, Plaintiff, DEBRA HINES, by and through her undersigned counsel, and hereby Responds to Defendant’s Interrogatories as follows: CERTIFICATE OF SERVICE IT HEREBY CERTIFY that a true and correct copy of the foregoing instrument was sent via email this 17" day of April, 2015, to: Jonathan Hall, Esq. and Robert Schulte, Esq.; GROELLE & SALMON P.A., 11301 Okeechobee Blvd., Second Floor, West Palm Beach, Florida 33411; Telephone: (561) 963-5500; Fax: (561) 963-2265; email: gsweourtdocs@gspalaw.com and gclausen@gspalaw.com. Sherman Law, P.A. 4000 Hollywood Blvd., #265-S Hollywood, FL 33021 Office: (954) 894-8000 Direct: (305) 494-6345 Fax: (305) 397-1725 By:_ /s/ Julio Martinez RYAN SHERMAN, Esq. Florida Bar No.: 686271 JULIO MARTINEZ, Esq. Florida Bar No.: 85128 Eservice: l:serviceSLPA@gmail.com *** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 4/17/2015 1:39:45 PM.****INTERROGATORIES TO PLAINTIFF 1. Please describe with specificity the loss which occurred at your property. State when it occurred, how it occurred, who discovered it, and how it was discovered. ANSWER: On or about the date of loss, Plaintiff first noticed “bubbling” and cracking on an interior wall. Shortly after, Plaintiff discovered cracking in walls and flooring inside and outside the subject home, as well as damage in frame of house. Further investigation also uncovered cracks in pool area. 2. Please identify all individuals that have an opinion about the presence of sinkhole activity. Provide all known contact information. ANSWER: Carlos Nayor, Adjuster Atlantic Coast Consultants, LLC 11900 Biscayne Blvd, Suite 502, North Miami Beach, FL 33181 Ahmed Said, Sinkhole Geotech, Inc. 21859 State Road 54, Lutz, FL 33549 Sam Upchurch, SDII Global Corporation. 4509 George Road, Tampa, FL 33634 Any agents and/or representatives of Homeowners Choice. 3. Please identify all individuals that have an opinion about the presence of structural damage. Provide all known contact information. ANSWER: See Plaintiff’s Response to Interrogatory #2. 4. Please identify all individuals that can support your claim that “on or about February 20, 2012, the Plaintiff suffered a loss on account of a sinkhole causing damage to Plaintiff's property”. Provide all known contact information. ANSWER: Carlos Nayor, Adjuster Atlantic Coast Consultants, LLC 11900 Biscayne Blvd, Suite 502, North Miami Beach, FL 33181 Ahmed Said, Sinkhole Geotech, Inc. 21859 State Road 54, Lutz, FL 335495. Please identify all individuals that disagree with the causes of damage outlined in the SDII Global Corporation report and provide all known contact information. ANSWER: Carlos Nayor, Adjuster Atlantic Coast Consultants, LLC 11900 Biscayne Blvd, Suite 502, North Miami Beach, FL 33181 Ahmed Said, Sinkhole Geotech, Inc. 21859 State Road 54, Lutz, FL 33549 6. Please identify and describe all contractual obligations you are alleging the Defendant failed to comply with. ANSWER: _ See Complaint, as Complaint speaks for itself. 7. Please identify all portions of the policy and/or all statutes you are seeking a judicial interpretation of. ANSWER: See Petition for Declaratory Relief Count found within Complaint. Also, please refer to denial letter for this specific policy language. 8. Please identify and state all damages you are seeking to recover for and identify all individuals that can support the amount. ANSWER: See Complaint as well as Documents attached with Plaintiff's Responses to Defendant’s Request for Production. 9. Please state all conditions precedent to recovery you have performed. ANSWER: Objection, to the extent this interrogatory requires policy interpretation, which is reserved for the trial court. Without waiving the objection, Plaintiff immediately reported the loss and thereafter Plaintiff, or a representative acting on her behalf, fully cooperated with Defendant’s claim’s handling and requests thereof; this included but was not limited to keeping records, providing requested documents, and exhibiting the property.10. Please state all conditions you are alleging the Defendant waived. ANSWER: Objection, this interrogatory requires policy interpretation which is reserved for the trial court. Without waiving the objection, it is Plaintiffs position that Defendant’s denial based on differential settlement effectively waives Defendant’s right to assert post-denial failures of policy conditions. 11. Please describe all actions you have done to protect the property from further damage following the loss. ANSWER: Plaintiff diligently reported the claim, acted promptly to determine the cause of the problem, and mitigated as much as possible. Unlike a plumbing loss or roof leak, sinkholes mitigation is difficult absent an expertise. 12. Please describe how “the Plaintiff has been damaged monetarily in regard to their SINKHOLE CLAIM by the failure of the Defendant to comply with its contractual obligations”. ANSWER: Plaintiffs property, insured by the subject policy, is damaged. See estimate for repairs to damages caused by the loss at issue. 13. Please identify all dates you or your representatives had communication with the Defendant or its representatives, including but not limited to ROL Insurance Consulting, as it relates to this loss and for each date state the substance and form of the communication. ANSWER: Please see Documents attached with Plaintiff's Responses to Defendant’s Request for Production. 14. Please describe all communication you ever had with Walter Tim Swope. ANSWER: Please see Documents attached with Plaintiff's Responses to Defendant’s Request for Production. Plaintiff does not recall specific details about conversation(s) with Mr. Swope. Investigation continues.15. Please describe all actions you witnessed any individual doing while inspecting your property as it relates to this loss. Identify the individual, the action, and the date. ANSWER: Object, this interrogatory is vague, overbroad, and only intended to harass Plaintiff. Furthermore, the interrogatory calls for speculation since Plaintiff may not be aware of the purpose of a particular inspector’s actions. 16. Please describe all communication you have had with any employees of SDII Global Corporation. ANSWER: Please see Documents attached with Plaintiff's Responses to Defendant’s Request for Production. 17. Please state when and how the loss was reported to the Defendant, how the loss was described, who reported the loss, who the loss was reported to (name of individual(s), and what was said between whoever reported it and whoever it was reported to. ANSWER: Loss was reported by Plaintiff's husband (deceased since September 2013). Plaintiff is not sure how Mr. Hines reported the loss however records in Defendant’s possession may serve to refresh her recollection. 18. Please state why the loss was reported on the day it was reported. ANSWER: Loss was reported soon after Plaintiff's discovery of the damage. 19. Please identify all other insurance claims you have had and state the outcome of those claims. ANSWER: Fire loss claim in approximately 2011/2012. Coverage was extended. Plaintiff made all repairs; expended monies in excess to payment by insurance company. Plaintiff cannot find records relating to those repairs; investigation continues.20. Please state whether the damage has changed in any way since April 9, 2012, the day SDII Global Corporation completed a damage assessment, and if so describe how the damage has changed, and when it changed. ANSWER: Objection, Plaintiff is not an expert and can only provide information she visualizes. That said, Plaintiff cannot provide opinions on whether the progressed damages impacts the scope and value of needed repairs to the property. 21. Please state whether you are aware of sinkhole activity in your neighborhood and if so identify the addresses and any engineering or geological report you are aware of for those properties. ANSWER: Information has been requested and will be provided upon receipt. 22. Please list all periods of time for which you have resided at the property. ANSWER: _ Plaintiff has lived in home since purchased in 2000. 23. Please list all periods of time for which you have owned the property. ANSWER: Property has been owned by Plaintiffs since 2000, although property was deeded to Plaintiff's brother, Eugene McGirt from 2003-2007. 24. Please describe why the property was deeded to Eugene McGirt from approximately 2003 — 2007. ANSWER: = Objection, this information seeks information which is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. 25. Please state whether you have every attempted to sell the property. ANSWER: No.26. Please describe all repairs, modifications, or renovations that have been done to the property. State who did the work, when the work was done, and how much was spent doing the work. Provide all known contact information for the individuals listed. ANSWER: 2011/2012: Repairs made to kitchen following Fire Loss in 2011/2012. 2005/2006: Repairs and renovations in Kitchen; namely counter, cabinetry and flooring. 27. Please describe all communication with Tim Greene as it relates to this loss. Provide all known contact information for him. ANSWER: Tim Greene was contractor for repair following Fire Loss in 2011/2012. Mr. Greene discussed the potential of making the repairs relating to the subject loss as well. 28. Please state whether you are claiming damage to any Other Structures or damage that you believe would be covered under Coverage B in the policy and describe such damage. ANSWER: Not applicable, investigation continues. 29. Please describe all contractual and statutory duties which you allege the Defendant failed to comply with and list all damages which have resulted from the failure to comply with said duty. ANSWER: _ Please see Complaint which speaks for itself. 30. Please describe why you believe the Defendant breached the contract and list all damages which have resulted from the breach. ANSWER: Defendant failed to tender insurance benefits for a loss she understood to be covered under the policy of insurance. See estimate attached in response to Request for Production for claimed damages.STATE OF FLORIDA _ ) SS: county or Léa The foregoing instrument was acknowledged by me this /o day of Apa q , QUE by VA Hy ES » who is personally known to me or who has produced , as identification and who did (did_not) take an oath. ‘ARY PUBLIC — (Name of Notary, “i written or stamped) Notre) (UBC (Title) LE 209424 (Serial Number, if any) Pie, Notary Public State of Florida Tracie Myers 3 ‘My Commission €€ 209423 y Pe Expires 08/19/2016