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Filing # 103652705 E-Filed 02/20/2020 04:04:17 PM
IN THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT IN AND
FOR BROWARD COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
THI NGUYEN & THANH XUAN PHAM,
Plaintiff,
vs.
SAFEPOINT INSURANCE COMPANY, CASE NO: CACE-19-026665
Defendant.
/
RESPONSE TO “PLAINTIFF’S REQUEST FOR PRODUCTION”
Defendant, SafePoint Insurance Company (“SafePoint”), responds to
“Plaintiff's Request for Production” made by Plaintiff, Thi Nguyen & Thanh Xuan Pham, and
served with the Complaint.
1.
A true and correct certified copy of the insurance policy described in the complaint,
including all declaration sheet(s), addendums and attachments.
RESPONSE:
A certified copy of the policy is attached for the date(s) of loss alleged in the
Complaint.
Any and all correspondence or written communications from Defendant, or its agents
to Plaintiff, or his [sic] agents, which in any manner pertain to Plaintiffs [sic] alleged
loss as described in the complaint.
RESPONSE:
See attached through service of the lawsuit.
Any and all correspondence or written communications from Plaintiff, or his [sic]
agents to Defendant, or its agents, which in any manner pertain to Plaintiffs [sic]
alleged loss as described in the complaint.
RESPONSE:
See attached through service of the lawsuit.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 02/20/2020 04:04:16 PM.****Any and all photographs taken by the Defendant or Defendant's agents showing the
extent of damage to the insured premises involved herein as were taken prior to the
filing of this lawsuit.
RESPONSE:
Objection. SafePoint objects to this request because it seeks documents protected
by the work product doctrine. This request also calls for SafePoint to produce
documents from its claim file and/or documents that relate to its internal claims
handling procedures which is improper in a breach of contract action based on a
first-party property insurance claim. See, e.g., State Farm Florida Ins. Co. v. Desai,
106 So. 3d 5 (Fla. 3d DCA 2013); Gen. Star Indem. Co. v. Atlantic Hospitality of
Florida, LLC, 93 So. 3d 501 (Fla. 3d DCA 2012); State Farm Florida Ins. Co. v. Aloni,
101 So. 3d 412 (Fla. 4th DCA 2012); State Farm Florida Ins. Co. v. Ramirez, 86 So.
3d 1198 (Fla. 3d DCA 2012); Nationwide Ins. Co. of Florida v. Demmo, 57 So. 3d
982 (Fla. 2d DCA 2011); State Farm Fire & Casualty Co. v. Valido, 662 So. 2d 1012
(Fla. 3d DCA 1995); State Farm Florida Ins. Co. v. Galimon, 835 So. 2d 389 (Fla. 2d
DCA 2003). See also, State Farm Mut. Auto. Ins. Co. v. O’'Hearn, 975 So. 2d 633
(Fla. 2d DCA 2008); U.S. Fire Ins. Co. v. Clearwater Oaks Bank, 421 So. 2d 783
(Fla. 2d DCA 1982); W. Am. Ins. Co. v. Neva Prods., Inc., 490 So. 2d 117 (Fla. 2d
DCA 1986); Geico Gen. Ins. Co. v. Hoy, 927 So. 2d 122 (Fla. 2d DCA 2006); State
Farm Mut. Ins. Co. v. Cook, 744 So. 2d 567 (Fla. 2d DCA 1999); Am. Bankers Ins.
Co. of Florida v. Wheeler, 711 So. 2d 1347 (Fla. 5th DCA 1998); Michigan Millers
Mut. Ins. Co. v. Bourke, 581 So. 2d 1368 (Fla. 2d DCA 1991); State Farm Fire &
Casualty Co. v. Martin, 673 So. 2d 518 (Fla. 5th DCA 1996); Gen. Star Indem. Co. v.
Anheuser-Busch Co., Inc., 741 So. 2d 1259 (Fla. 5th DCA 1999). SafePoint objects
further to this request because it is vague and overly broad.
Subject to, and without waiving, all of the foregoing objections, SafePoint responds.
See documents produced with Response to Request Number Two.
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. SafePoint objects to this request because it seeks documents protected
by the work product doctrine. This request also calls for SafePoint to produce
documents from its claim file and/or documents that relate to its internal claims
handling procedures which is improper in a breach of contract action based on a
first-party property insurance claim. See, e.g., State Farm Florida Ins. Co. v. Desai,
106 So. 3d 5 (Fla. 3d DCA 2013); Gen. Star Indem. Co. v. Atlantic Hospitality of
Florida, LLC, 93 So. 3d 501 (Fla. 3d DCA 2012); State Farm Florida Ins. Co. v. Aloni,
101 So. 3d 412 (Fla. 4th DCA 2012); State Farm Florida Ins. Co. v. Ramirez, 86 So.
3d 1198 (Fla. 3d DCA 2012); Nationwide Ins. Co. of Florida v. Demmo, 57 So. 3d982 (Fla. 2d DCA 2011); State Farm Fire & Casualty Co. v. Valido, 662 So. 2d 1012
(Fla. 3d DCA 1995); State Farm Florida Ins. Co. v. Gallmon, 835 So. 2d 389 (Fla. 2d
DCA 2003). See also, State Farm Mut. Auto. Ins. Co. v. O’Hearn, 975 So. 2d 633
(Fla. 2d DCA 2008); U.S. Fire Ins. Co. v. Clearwater Oaks Bank, 421 So. 2d 783
(Fla. 2d DCA 1982); W. Am. Ins. Co. v. Neva Prods., Inc., 490 So. 2d 117 (Fla. 2d
DCA 1986); Geico Gen. Ins. Co. v. Hoy, 927 So. 2d 122 (Fla. 2d DCA 2006); State
Farm Mut. Ins. Co. v. Cook, 744 So. 2d 567 (Fla. 2d DCA 1999); Am. Bankers Ins.
Co. of Florida v. Wheeler, 711 So. 2d 1347 (Fla. 5th DCA 1998); Michigan Millers
Mut. Ins. Co. v. Bourke, 581 So. 2d 1368 (Fla. 2d DCA 1991); State Farm Fire &
Casualty Co. v. Martin, 673 So. 2d 518 (Fla. 5th DCA 1996); Gen. Star Indem. Co. v.
Anheuser-Busch Co., Inc., 741 So. 2d 1259 (Fla. 5th DCA 1999). SafePoint objects
further to this request because it is vague and overly broad.
Subject to, and without waiving, all of the foregoing objections, SafePoint responds.
See documents produced with Response to Request Number Three.
Any and all transcripts or written statements from the Plaintiff(s) including, without
limitation, transcripts of examinations under oath.
RESPONSE:
Objection. SafePoint objects to this request because it seeks documents protected
by the work product doctrine. This request also calls for SafePoint to produce
documents from its claim file and/or documents that relate to its internal claims
handling procedures which is improper in a breach of contract action based on a
first-party property insurance claim. See, e.g., State Farm Florida Ins. Co. v. Desai,
106 So. 3d 5 (Fla. 3d DCA 2013); Gen. Star Indem. Co. v. Atlantic Hospitality of
Florida, LLC, 93 So. 3d 501 (Fla. 3d DCA 2012); State Farm Florida Ins. Co. v. Aloni,
101 So. 3d 412 (Fla. 4th DCA 2012); State Farm Florida Ins. Co. v. Ramirez, 86 So.
3d 1198 (Fla. 3d DCA 2012); Nationwide Ins. Co. of Florida v. Demmo, 57 So. 3d
982 (Fla. 2d DCA 2011); State Farm Fire & Casualty Co. v. Valido, 662 So. 2d 1012
(Fla. 3d DCA 1995); State Farm Florida Ins. Co. v. Gallmon, 835 So. 2d 389 (Fla. 2d
DCA 2003). See also, State Farm Mut. Auto. Ins. Co. v. O’Hearn, 975 So. 2d 633
(Fla. 2d DCA 2008); U.S. Fire Ins. Co. v. Clearwater Oaks Bank, 421 So. 2d 783
(Fla. 2d DCA 1982); W. Am. Ins. Co. v. Neva Prods., Inc., 490 So. 2d 117 (Fla. 2d
DCA 1986); Geico Gen. Ins. Co. v. Hoy, 927 So. 2d 122 (Fla. 2d DCA 2006); State
Farm Mut. Ins. Co. v. Cook, 744 So. 2d 567 (Fla. 2d DCA 1999); Am. Bankers Ins.
Co. of Florida v. Wheeler, 711 So. 2d 1347 (Fla. 5th DCA 1998); Michigan Millers
Mut. Ins. Co. v. Bourke, 581 So. 2d 1368 (Fla. 2d DCA 1991); State Farm Fire &
Casualty Co. v. Martin, 673 So. 2d 518 (Fla. 5th DCA 1996); Gen. Star Indem. Co. v.
Anheuser-Busch Co., Inc., 741 So. 2d 1259 (Fla. 5th DCA 1999). SafePoint objects
further to this request because it is vague and overly broad.
Copies of each and every bill or estimate for repair to the subject property submitted
to Defendant by Plaintiff or Plaintiffs [sic] agents or employees.
RESPONSE:
See response to Request Number Three.10.
Any and all written estimates or reports reflecting examination or inspection by
Defendant or Defendant's agents of any of the alleged damage to the insured
premises.
RESPONSE:
See response to Request Number Two.
Defendant's entire claim file for the entire time that the claim was being handled by
Defendant not in anticipation of litigation for the claim.
RESPONSE:
Objection. SafePoint objects to this request because it seeks documents protected
by the work product doctrine and the attorney client privilege. This request also calls
for SafePoint to produce documents from its claim file and/or documents that relate
to its internal claims handling procedures which is improper in a breach of contract
action based on a first-party property insurance claim. See, e.g., State Farm Florida
Ins. Co. v. Desai, 106 So. 3d 5 (Fla. 3d DCA 2013); Gen. Star Indem. Co. v. Atlantic
Hospitality of Florida, LLC, 93 So. 3d 501 (Fla. 3d DCA 2012); State Farm Florida
Ins. Co. v. Aloni, 101 So, 3d 412 (Fla. 4th DCA 2012); State Farm Florida Ins. Co. v.
Ramirez, 86 So. 3d 1198 (Fla. 3d DCA 2012); Nationwide Ins. Co. of Florida v.
Demmo, 57 So. 3d 982 (Fla. 2d DCA 2011); State Farm Fire & Casualty Co. v.
Valido, 662 So. 2d 1012 (Fla. 3d DCA 1995); State Farm Florida Ins. Co. v. Gallmon,
835 So. 2d 389 (Fla. 2d DCA 2003). See also, State Farm Mut. Auto. Ins. Co. v.
O'Hearn, 975 So. 2d 633 (Fla. 2d DCA 2008); U.S. Fire ins. Co. v. Clearwater Oaks
Bank, 421 So. 2d 783 (Fla. 2d DCA 1982); W. Am. Ins. Co. v. Neva Prods., Inc., 490
So. 2d 117 (Fla. 2d DCA 1986); Geico Gen. Ins. Co. v. Hoy, 927 So. 2d 122 (Fla. 2d
DCA 2006); State Farm Mut. Ins. Co. v. Cook, 744 So. 2d 567 (Fla. 2d DCA 1999);
Am. Bankers Ins. Co. of Florida v. Wheeler, 711 So. 2d 1347 (Fla. 5th DCA 1998);
Michigan Millers Mut. Ins. Co. v. Bourke, 581 So. 2d 1368 (Fla. 2d DCA 1991); State
Farm Fire & Casualty Co. v. Martin, 673 So. 2d 518 (Fla. 5th DCA 1996); Gen. Star
Indem. Co. v. Anheuser-Busch Co., Inc., 741 So. 2d 1259 (Fla. 5th DCA 1999).
SafePoint objects further to this request because it is vague and overly broad.
All documents relating to or supporting Defendant's denial of any allegation of
Plaintiffs [sic] complaint, and relating to or supporting each affirmative or general
defense asserted by Defendants [sic].
RESPONSE:
Objection. SafePoint objects to this request because it seeks documents protected
by the work product doctrine and the attorney client privilege. This request also calls
for SafePoint to produce documents from its claim file and/or documents that relate
to its internal claims handling procedures which is improper in a breach of contract
action based on a first-party property insurance claim. See, e.g., State Farm Florida
Ins. Co. v. Desai, 106 So. 3d 5 (Fla. 3d DCA 2013); Gen. Star Indem. Co. v. Atlantic
Hospitality of Florida, LLC, 93 So. 3d 501 (Fla. 3d DCA 2012); State Farm Florida11.
12.
Ins. Co. v. Aloni, 101 So. 3d 412 (Fla. 4th DCA 2012); State Farm Florida Ins. Co. v.
Ramirez, 86 So. 3d 1198 (Fla. 3d DCA 2012); Nationwide Ins. Co. of Florida v.
Demmo, 57 So. 3d 982 (Fla. 2d DCA 2011); State Farm Fire & Casualty Co. v.
Valido, 662 So. 2d 1012 (Fla. 3d DCA 1995); State Farm Florida Ins. Co. v. Gallmon,
835 So. 2d 389 (Fla. 2d DCA 2003). See also, State Farm Mut. Auto. Ins. Co. v.
O'Hearn, 975 So. 2d 633 (Fla. 2d DCA 2008); U.S. Fire Ins. Co. v. Clearwater Oaks
Bank, 421 So. 2d 783 (Fla. 2d DCA 1982); W. Am. Ins. Co. v. Neva Prods., Inc., 490
So. 2d 117 (Fla. 2d DCA 1986); Geico Gen. Ins. Co. v. Hoy, 927 So. 2d 122 (Fla. 2d
DCA 2006); State Farm Mut. Ins. Co. v. Cook, 744 So. 2d 567 (Fla. 2d DCA 1999);
Am. Bankers Ins. Co. of Florida v. Wheeler, 711 So. 2d 1347 (Fla. 5th DCA 1998);
Michigan Millers Mut. Ins. Co. v. Bourke, 581 So. 2d 1368 (Fla. 2d DCA 1991); State
Farm Fire & Casualty Co. v. Martin, 673 So. 2d 518 (Fla. 5th DCA 1996); Gen. Star
Indem. Co. v. Anheuser-Busch Co., Inc., 741 So. 2d 1259 (Fla. 5th DCA 1999).
SafePoint objects further to this request because it is vague and overly broad.
Subject to, and without waiving, all of the foregoing objections, SafePoint responds.
SafePoint has not filed its affirmative defenses at this time. See also response to
Request Number One, Number Two and Number Three.
All underwriting files pertaining to the policy of insurance described in the complaint.
RESPONSE:
Objection. SafePoint objects to this request because it seeks underwriting
documents and information protected by the work product doctrine. This request
calls for SafePoint to produce documents from its underwriting file which is improper
in a breach of contract action based on a first-party property insurance claim. See,
e.g., State Farm Florida Ins. Co. v. Desai, 106 So. 3d 5 (Fla. 3d DCA 2013); Gen.
Star Indem. Co. v. Atlantic Hospitality of Florida, LLC, 93 So. 3d 501 (Fla. 3d DCA
2012); State Farm Florida Ins. Co. v. Aloni, 101 So. 3d 412 (Fla. 4th DCA 2012);
State Farm Florida Ins. Co. v. Ramirez, 86 So. 3d 1198 (Fla. 3d DCA 2012);
Nationwide Ins. Co. of Florida v. Demmo, 57 So. 3d 982 (Fla. 2d DCA 2011); State
Farm Fire & Casualty Co. v. Valido, 662 So. 2d 1012 (Fla. 3d DCA 1995); State
Farm Florida Ins. Co. v. Gallmon, 835 So. 2d 389 (Fla. 2d DCA 2003). See also,
State Farm Mut. Auto. Ins. Co. v. O’Hearn, 975 So. 2d 633 (Fla. 2d DCA 2008); U.S.
Fire Ins. Co. v. Clearwater Oaks Bank, 421 So. 2d 783 (Fla. 2d DCA 1982); W. Am.
Ins. Co. v. Neva Prods., Inc., 490 So. 2d 117 (Fla. 2d DCA 1986); Geico Gen. Ins.
Co. v. Hoy, 927 So. 2d 122 (Fla. 2d DCA 2006); State Farm Mut. Ins. Co. v. Cook,
744 So. 2d 567 (Fla. 2d DCA 1999); Am. Bankers Ins. Co. of Florida v. Wheeler, 711
So. 2d 1347 (Fla. 5th DCA 1998); Michigan Millers Mut. Ins. Co. v. Bourke, 581 So.
2d 1368 (Fla. 2d DCA 1991); State Farm Fire & Casualty Co. v. Martin, 673 So. 2d
518 (Fla. 5th DCA 1996); Gen. Star Indem. Co. v. Anheuser-Busch Co., Inc., 741
So. 2d 1259 (Fla. 5th DCA 1999). SafePoint objects further to this request because
it is vague and overly broad.
All delivery receipts, written proof of mailing and all other records evidencing in any
manner the date and/or dates that the entire policy of insurance described in the
complaint was mailed or delivered to Plaintiff(s).RESPONSE:
See response to Request Number Six.
BUTLER WEIHMULLER KATZ CRAIG LLP
CURT ALLEN, ESQUIRE
Florida Bar No.: 0008028
callen@butler.legal
BRIAN HOHMAN, ESQUIRE
Florida Bar No.: 0764671
bhohman@butler.legal
Secondary: rburnison@butler.legal
400 North Ashley Drive, Suite 2300
Tampa, Florida 33602
Telephone: (813) 281-1900
Facsimile: (813) 281-0900
Counsel for Defendant
CERTIFICATE OF SERVICE
| certify that a copy hereof has been furnished to:
Sylvia P. Weir, Esquire
The Weir Law Firm, P.A.
9990 Southwest 77th Avenue, Suite 317
Miami, Florida 33156
sylvia.weir@theweirlawfirm.com
by E-Portal on February 20, 2020.
CURT ALLEN, ESQUIRE
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Filing # 103652705 E-Filed 02/20/2020 04:04:17 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CIRCUIT CIVIL DIVISION THI NGUYEN & THANH XUAN PHAM, Plaintiff, vs. SAFEPOINT INSURANCE COMPANY, CASE NO: CACE-19-026665 Defendant. / RESPONSE TO “PLAINTIFF’S REQUEST FOR PRODUCTION” Defendant, SafePoint Insurance Company (“SafePoint”), responds to “Plaintiff's Request for Production” made by Plaintiff, Thi Nguyen & Thanh Xuan Pham, and served with the Complaint. 1. A true and correct certified copy of the insurance policy described in the complaint, including all declaration sheet(s), addendums and attachments. RESPONSE: A certified copy of the policy is attached for the date(s) of loss alleged in the Complaint. Any and all correspondence or written communications from Defendant, or its agents to Plaintiff, or his [sic] agents, which in any manner pertain to Plaintiffs [sic] alleged loss as described in the complaint. RESPONSE: See attached through service of the lawsuit. Any and all correspondence or written communications from Plaintiff, or his [sic] agents to Defendant, or its agents, which in any manner pertain to Plaintiffs [sic] alleged loss as described in the complaint. RESPONSE: See attached through service of the lawsuit. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 02/20/2020 04:04:16 PM.****Any and all photographs taken by the Defendant or Defendant's agents showing the extent of damage to the insured premises involved herein as were taken prior to the filing of this lawsuit. RESPONSE: Objection. SafePoint objects to this request because it seeks documents protected by the work product doctrine. This request also calls for SafePoint to produce documents from its claim file and/or documents that relate to its internal claims handling procedures which is improper in a breach of contract action based on a first-party property insurance claim. See, e.g., State Farm Florida Ins. Co. v. Desai, 106 So. 3d 5 (Fla. 3d DCA 2013); Gen. Star Indem. Co. v. Atlantic Hospitality of Florida, LLC, 93 So. 3d 501 (Fla. 3d DCA 2012); State Farm Florida Ins. Co. v. Aloni, 101 So. 3d 412 (Fla. 4th DCA 2012); State Farm Florida Ins. Co. v. Ramirez, 86 So. 3d 1198 (Fla. 3d DCA 2012); Nationwide Ins. Co. of Florida v. Demmo, 57 So. 3d 982 (Fla. 2d DCA 2011); State Farm Fire & Casualty Co. v. Valido, 662 So. 2d 1012 (Fla. 3d DCA 1995); State Farm Florida Ins. Co. v. Galimon, 835 So. 2d 389 (Fla. 2d DCA 2003). See also, State Farm Mut. Auto. Ins. Co. v. O’'Hearn, 975 So. 2d 633 (Fla. 2d DCA 2008); U.S. Fire Ins. Co. v. Clearwater Oaks Bank, 421 So. 2d 783 (Fla. 2d DCA 1982); W. Am. Ins. Co. v. Neva Prods., Inc., 490 So. 2d 117 (Fla. 2d DCA 1986); Geico Gen. Ins. Co. v. Hoy, 927 So. 2d 122 (Fla. 2d DCA 2006); State Farm Mut. Ins. Co. v. Cook, 744 So. 2d 567 (Fla. 2d DCA 1999); Am. Bankers Ins. Co. of Florida v. Wheeler, 711 So. 2d 1347 (Fla. 5th DCA 1998); Michigan Millers Mut. Ins. Co. v. Bourke, 581 So. 2d 1368 (Fla. 2d DCA 1991); State Farm Fire & Casualty Co. v. Martin, 673 So. 2d 518 (Fla. 5th DCA 1996); Gen. Star Indem. Co. v. Anheuser-Busch Co., Inc., 741 So. 2d 1259 (Fla. 5th DCA 1999). SafePoint objects further to this request because it is vague and overly broad. Subject to, and without waiving, all of the foregoing objections, SafePoint responds. See documents produced with Response to Request Number Two. 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. SafePoint objects to this request because it seeks documents protected by the work product doctrine. This request also calls for SafePoint to produce documents from its claim file and/or documents that relate to its internal claims handling procedures which is improper in a breach of contract action based on a first-party property insurance claim. See, e.g., State Farm Florida Ins. Co. v. Desai, 106 So. 3d 5 (Fla. 3d DCA 2013); Gen. Star Indem. Co. v. Atlantic Hospitality of Florida, LLC, 93 So. 3d 501 (Fla. 3d DCA 2012); State Farm Florida Ins. Co. v. Aloni, 101 So. 3d 412 (Fla. 4th DCA 2012); State Farm Florida Ins. Co. v. Ramirez, 86 So. 3d 1198 (Fla. 3d DCA 2012); Nationwide Ins. Co. of Florida v. Demmo, 57 So. 3d982 (Fla. 2d DCA 2011); State Farm Fire & Casualty Co. v. Valido, 662 So. 2d 1012 (Fla. 3d DCA 1995); State Farm Florida Ins. Co. v. Gallmon, 835 So. 2d 389 (Fla. 2d DCA 2003). See also, State Farm Mut. Auto. Ins. Co. v. O’Hearn, 975 So. 2d 633 (Fla. 2d DCA 2008); U.S. Fire Ins. Co. v. Clearwater Oaks Bank, 421 So. 2d 783 (Fla. 2d DCA 1982); W. Am. Ins. Co. v. Neva Prods., Inc., 490 So. 2d 117 (Fla. 2d DCA 1986); Geico Gen. Ins. Co. v. Hoy, 927 So. 2d 122 (Fla. 2d DCA 2006); State Farm Mut. Ins. Co. v. Cook, 744 So. 2d 567 (Fla. 2d DCA 1999); Am. Bankers Ins. Co. of Florida v. Wheeler, 711 So. 2d 1347 (Fla. 5th DCA 1998); Michigan Millers Mut. Ins. Co. v. Bourke, 581 So. 2d 1368 (Fla. 2d DCA 1991); State Farm Fire & Casualty Co. v. Martin, 673 So. 2d 518 (Fla. 5th DCA 1996); Gen. Star Indem. Co. v. Anheuser-Busch Co., Inc., 741 So. 2d 1259 (Fla. 5th DCA 1999). SafePoint objects further to this request because it is vague and overly broad. Subject to, and without waiving, all of the foregoing objections, SafePoint responds. See documents produced with Response to Request Number Three. Any and all transcripts or written statements from the Plaintiff(s) including, without limitation, transcripts of examinations under oath. RESPONSE: Objection. SafePoint objects to this request because it seeks documents protected by the work product doctrine. This request also calls for SafePoint to produce documents from its claim file and/or documents that relate to its internal claims handling procedures which is improper in a breach of contract action based on a first-party property insurance claim. See, e.g., State Farm Florida Ins. Co. v. Desai, 106 So. 3d 5 (Fla. 3d DCA 2013); Gen. Star Indem. Co. v. Atlantic Hospitality of Florida, LLC, 93 So. 3d 501 (Fla. 3d DCA 2012); State Farm Florida Ins. Co. v. Aloni, 101 So. 3d 412 (Fla. 4th DCA 2012); State Farm Florida Ins. Co. v. Ramirez, 86 So. 3d 1198 (Fla. 3d DCA 2012); Nationwide Ins. Co. of Florida v. Demmo, 57 So. 3d 982 (Fla. 2d DCA 2011); State Farm Fire & Casualty Co. v. Valido, 662 So. 2d 1012 (Fla. 3d DCA 1995); State Farm Florida Ins. Co. v. Gallmon, 835 So. 2d 389 (Fla. 2d DCA 2003). See also, State Farm Mut. Auto. Ins. Co. v. O’Hearn, 975 So. 2d 633 (Fla. 2d DCA 2008); U.S. Fire Ins. Co. v. Clearwater Oaks Bank, 421 So. 2d 783 (Fla. 2d DCA 1982); W. Am. Ins. Co. v. Neva Prods., Inc., 490 So. 2d 117 (Fla. 2d DCA 1986); Geico Gen. Ins. Co. v. Hoy, 927 So. 2d 122 (Fla. 2d DCA 2006); State Farm Mut. Ins. Co. v. Cook, 744 So. 2d 567 (Fla. 2d DCA 1999); Am. Bankers Ins. Co. of Florida v. Wheeler, 711 So. 2d 1347 (Fla. 5th DCA 1998); Michigan Millers Mut. Ins. Co. v. Bourke, 581 So. 2d 1368 (Fla. 2d DCA 1991); State Farm Fire & Casualty Co. v. Martin, 673 So. 2d 518 (Fla. 5th DCA 1996); Gen. Star Indem. Co. v. Anheuser-Busch Co., Inc., 741 So. 2d 1259 (Fla. 5th DCA 1999). SafePoint objects further to this request because it is vague and overly broad. Copies of each and every bill or estimate for repair to the subject property submitted to Defendant by Plaintiff or Plaintiffs [sic] agents or employees. RESPONSE: See response to Request Number Three.10. Any and all written estimates or reports reflecting examination or inspection by Defendant or Defendant's agents of any of the alleged damage to the insured premises. RESPONSE: See response to Request Number Two. Defendant's entire claim file for the entire time that the claim was being handled by Defendant not in anticipation of litigation for the claim. RESPONSE: Objection. SafePoint objects to this request because it seeks documents protected by the work product doctrine and the attorney client privilege. This request also calls for SafePoint to produce documents from its claim file and/or documents that relate to its internal claims handling procedures which is improper in a breach of contract action based on a first-party property insurance claim. See, e.g., State Farm Florida Ins. Co. v. Desai, 106 So. 3d 5 (Fla. 3d DCA 2013); Gen. Star Indem. Co. v. Atlantic Hospitality of Florida, LLC, 93 So. 3d 501 (Fla. 3d DCA 2012); State Farm Florida Ins. Co. v. Aloni, 101 So, 3d 412 (Fla. 4th DCA 2012); State Farm Florida Ins. Co. v. Ramirez, 86 So. 3d 1198 (Fla. 3d DCA 2012); Nationwide Ins. Co. of Florida v. Demmo, 57 So. 3d 982 (Fla. 2d DCA 2011); State Farm Fire & Casualty Co. v. Valido, 662 So. 2d 1012 (Fla. 3d DCA 1995); State Farm Florida Ins. Co. v. Gallmon, 835 So. 2d 389 (Fla. 2d DCA 2003). See also, State Farm Mut. Auto. Ins. Co. v. O'Hearn, 975 So. 2d 633 (Fla. 2d DCA 2008); U.S. Fire ins. Co. v. Clearwater Oaks Bank, 421 So. 2d 783 (Fla. 2d DCA 1982); W. Am. Ins. Co. v. Neva Prods., Inc., 490 So. 2d 117 (Fla. 2d DCA 1986); Geico Gen. Ins. Co. v. Hoy, 927 So. 2d 122 (Fla. 2d DCA 2006); State Farm Mut. Ins. Co. v. Cook, 744 So. 2d 567 (Fla. 2d DCA 1999); Am. Bankers Ins. Co. of Florida v. Wheeler, 711 So. 2d 1347 (Fla. 5th DCA 1998); Michigan Millers Mut. Ins. Co. v. Bourke, 581 So. 2d 1368 (Fla. 2d DCA 1991); State Farm Fire & Casualty Co. v. Martin, 673 So. 2d 518 (Fla. 5th DCA 1996); Gen. Star Indem. Co. v. Anheuser-Busch Co., Inc., 741 So. 2d 1259 (Fla. 5th DCA 1999). SafePoint objects further to this request because it is vague and overly broad. All documents relating to or supporting Defendant's denial of any allegation of Plaintiffs [sic] complaint, and relating to or supporting each affirmative or general defense asserted by Defendants [sic]. RESPONSE: Objection. SafePoint objects to this request because it seeks documents protected by the work product doctrine and the attorney client privilege. This request also calls for SafePoint to produce documents from its claim file and/or documents that relate to its internal claims handling procedures which is improper in a breach of contract action based on a first-party property insurance claim. See, e.g., State Farm Florida Ins. Co. v. Desai, 106 So. 3d 5 (Fla. 3d DCA 2013); Gen. Star Indem. Co. v. Atlantic Hospitality of Florida, LLC, 93 So. 3d 501 (Fla. 3d DCA 2012); State Farm Florida11. 12. Ins. Co. v. Aloni, 101 So. 3d 412 (Fla. 4th DCA 2012); State Farm Florida Ins. Co. v. Ramirez, 86 So. 3d 1198 (Fla. 3d DCA 2012); Nationwide Ins. Co. of Florida v. Demmo, 57 So. 3d 982 (Fla. 2d DCA 2011); State Farm Fire & Casualty Co. v. Valido, 662 So. 2d 1012 (Fla. 3d DCA 1995); State Farm Florida Ins. Co. v. Gallmon, 835 So. 2d 389 (Fla. 2d DCA 2003). See also, State Farm Mut. Auto. Ins. Co. v. O'Hearn, 975 So. 2d 633 (Fla. 2d DCA 2008); U.S. Fire Ins. Co. v. Clearwater Oaks Bank, 421 So. 2d 783 (Fla. 2d DCA 1982); W. Am. Ins. Co. v. Neva Prods., Inc., 490 So. 2d 117 (Fla. 2d DCA 1986); Geico Gen. Ins. Co. v. Hoy, 927 So. 2d 122 (Fla. 2d DCA 2006); State Farm Mut. Ins. Co. v. Cook, 744 So. 2d 567 (Fla. 2d DCA 1999); Am. Bankers Ins. Co. of Florida v. Wheeler, 711 So. 2d 1347 (Fla. 5th DCA 1998); Michigan Millers Mut. Ins. Co. v. Bourke, 581 So. 2d 1368 (Fla. 2d DCA 1991); State Farm Fire & Casualty Co. v. Martin, 673 So. 2d 518 (Fla. 5th DCA 1996); Gen. Star Indem. Co. v. Anheuser-Busch Co., Inc., 741 So. 2d 1259 (Fla. 5th DCA 1999). SafePoint objects further to this request because it is vague and overly broad. Subject to, and without waiving, all of the foregoing objections, SafePoint responds. SafePoint has not filed its affirmative defenses at this time. See also response to Request Number One, Number Two and Number Three. All underwriting files pertaining to the policy of insurance described in the complaint. RESPONSE: Objection. SafePoint objects to this request because it seeks underwriting documents and information protected by the work product doctrine. This request calls for SafePoint to produce documents from its underwriting file which is improper in a breach of contract action based on a first-party property insurance claim. See, e.g., State Farm Florida Ins. Co. v. Desai, 106 So. 3d 5 (Fla. 3d DCA 2013); Gen. Star Indem. Co. v. Atlantic Hospitality of Florida, LLC, 93 So. 3d 501 (Fla. 3d DCA 2012); State Farm Florida Ins. Co. v. Aloni, 101 So. 3d 412 (Fla. 4th DCA 2012); State Farm Florida Ins. Co. v. Ramirez, 86 So. 3d 1198 (Fla. 3d DCA 2012); Nationwide Ins. Co. of Florida v. Demmo, 57 So. 3d 982 (Fla. 2d DCA 2011); State Farm Fire & Casualty Co. v. Valido, 662 So. 2d 1012 (Fla. 3d DCA 1995); State Farm Florida Ins. Co. v. Gallmon, 835 So. 2d 389 (Fla. 2d DCA 2003). See also, State Farm Mut. Auto. Ins. Co. v. O’Hearn, 975 So. 2d 633 (Fla. 2d DCA 2008); U.S. Fire Ins. Co. v. Clearwater Oaks Bank, 421 So. 2d 783 (Fla. 2d DCA 1982); W. Am. Ins. Co. v. Neva Prods., Inc., 490 So. 2d 117 (Fla. 2d DCA 1986); Geico Gen. Ins. Co. v. Hoy, 927 So. 2d 122 (Fla. 2d DCA 2006); State Farm Mut. Ins. Co. v. Cook, 744 So. 2d 567 (Fla. 2d DCA 1999); Am. Bankers Ins. Co. of Florida v. Wheeler, 711 So. 2d 1347 (Fla. 5th DCA 1998); Michigan Millers Mut. Ins. Co. v. Bourke, 581 So. 2d 1368 (Fla. 2d DCA 1991); State Farm Fire & Casualty Co. v. Martin, 673 So. 2d 518 (Fla. 5th DCA 1996); Gen. Star Indem. Co. v. Anheuser-Busch Co., Inc., 741 So. 2d 1259 (Fla. 5th DCA 1999). SafePoint objects further to this request because it is vague and overly broad. All delivery receipts, written proof of mailing and all other records evidencing in any manner the date and/or dates that the entire policy of insurance described in the complaint was mailed or delivered to Plaintiff(s).RESPONSE: See response to Request Number Six. BUTLER WEIHMULLER KATZ CRAIG LLP CURT ALLEN, ESQUIRE Florida Bar No.: 0008028 callen@butler.legal BRIAN HOHMAN, ESQUIRE Florida Bar No.: 0764671 bhohman@butler.legal Secondary: rburnison@butler.legal 400 North Ashley Drive, Suite 2300 Tampa, Florida 33602 Telephone: (813) 281-1900 Facsimile: (813) 281-0900 Counsel for Defendant CERTIFICATE OF SERVICE | certify that a copy hereof has been furnished to: Sylvia P. Weir, Esquire The Weir Law Firm, P.A. 9990 Southwest 77th Avenue, Suite 317 Miami, Florida 33156 sylvia.weir@theweirlawfirm.com by E-Portal on February 20, 2020. CURT ALLEN, ESQUIRE