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Filing # 101074688 E-Filed 01/03/2020 11:05:11 AM
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA.
PAUL RODRIGUEZ,
Plaintiff, CASE NO.: CACE-19-021427
v.
CITIZENS PROPERTY INSURANCE
CORPORATION,
Defendant.
DEFENDAI RESPONSE TO PLAINTIFF’S REQUEST FOR PRODUCTION
Defendant, Citizens Property Insurance Corporation (hereinafter “Citizens”), by and through the
undersigned counsel and pursuant to Rules 1.280 and 1.350 of the Florida Rules of Civil Procedure,
hereby responds to Plaintiff, PAUL RODRIGUEZ (hereinafter “Plaintiff’), Request for Production as
follows:
lL GENERAL OBJECTIONS
A. Defendant objects to any request for documents and materials that constitute or contain
information concerning communications between and their counsel that are protected by the lawyer-
client privilege.
B. Defendant objects to any requests for documents and materials which constitute materials
prepared in anticipation of or as a result of litigation or which are otherwise protected by the work-
product doctrine or any other applicable privilege or protection.
Cc. Defendant objects to any requests for documents or materials to the extent the request
seeks to impose upon Defendant any obligation beyond those imposed by the Florida Rules of Civil
Procedure.
D. Defendant objects to any requests that seek information not relevant to the subject matter
of the litigation or reasonably calculated to lead to the discovery of admissible evidence.
E. The inadvertent production by Defendant of documents containing information protected
from disclosure by the lawyer-client privilege, work-product doctrine or any other applicable privilege
will not constitute a waiver by Defendant of such protection.
F. None of the responses constitute an admission relative to the existence of any documents,
to the relevancy or the admissibility of any document, or to the truth or accuracy of any statements or
characterization contained in Plaintiff's Request for Production.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 01/03/2020 11:05:10 AM.****G. Defendant does not believe that Plaintiff's Request for Production is intended to be
interpreted so broadly as to include communications between Defendant and their legal counsel.
However, if the Request is intended to be interpreted that broadly, Defendant objects to it in that regard
and moves for an extension of time to file a privilege log.
H. Unless otherwise indicated, Defendant will not produce any documents or other materials
encompassed by the foregoing objections.
I Unless otherwise indicated, “will produce” means that the documents will be made
available as they are kept in the ordinary course of business for Plaintiff's inspection and copying upon
reasonable coordination at the offices of the undersigned counsel.
I. SPECIFIC RESPONSES
Responding specifically to the Requests by correspondingly numbered paragraphs, which
incorporate the general objections listed above, Defendant states:
1. A true and correct certified copy of the insurance policy described in the Complaint, including all
declaration sheet(s) , addendums and attachments.
RESPONSE: See documents attached hereto.
2. All photographs taken during Defendant’s investigation conducted during the normal business of
evaluating the claim.
RESPONSE: See documents attached hereto.
3. No number 3 included in the Request for Production.
4. All estimates of damage prepared by or on behalf of Defendant that were made during the
normal business of evaluating the claim.
RESPONSE: See documents attached hereto.
5. All letters, faxes, email communications, and log notes from Defendant’s adjusters or agents
which in any manner references any and all damages or causes of loss observed that were
prepared or generated during Defendant’s investigation conducted during the normal business of
evaluating the claim.
RESPONSE: See documents attached hereto.
6. Defendant’s entire claim file from the date of the initial notice of the loss until the day before
Defendant knew that Defendant was going to deny any further payment or litigate the claim.
RESPONSE: Citizens objects as this request seeks documents that are work-product
privileged. Subject to and without waiving said objection, see documents attached hereto.
7. Defendant’s entire claim file for the entire time that the claim was being handled by Defendant
not in anticipation of litigation for the loss.
RESPONSE: Citizens objects as this request seeks documents that are work-product
privileged. Subject to and without waiving said objection, see documents attached hereto.10.
11.
12.
13.
14.
16.
. Any and all correspondence or written communications from Defendant, or its agents to
Plaintiff, or Plaintiffs agents, which in any manner pertain to Plaintiffs alleged loss as
described in the Complaint.
RESPONSE: See documents attached hereto.
. Any and all correspondence or written communications from Plaintiff, or Plaintiffs agents to
Defendant, or its agents, which in any manner pertain to Plaintiffs alleged loss as described
in the Complaint.
RESPONSE: See documents attached hereto.
. Any and all tape recordings of any statements made by Plaintiff or Plaintiffs agents or
employees.
RESPONSE: None.
Any and all transcripts or written statements from the Plaintiff(s) including, without
limitation, transcripts of examinations under oath.
RESPONSE: None.
Copies of each and every bill or estimate for repair to the subject property submitted to
Defendant by Plaintiff or Plaintiffs agents or employees.
RESPONSE: See documents attached hereto.
. 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 documents attached hereto.
All documents relating to or supporting Defendant's denial of any allegation of Plaintiffs
Complaint.
RESPONSE: See documents attached hereto.
All documents relating to or supporting each of Defendant's affirmative or general defenses
asserted by Defendant.
RESPONSE: See documents attached hereto.
. All underwriting files pertaining to the policy of insurance described in the Complaint.
RESPONSE: See documents attached hereto.
Any and all documents related to any and all other insurance claims made by Plaintiff(s)
which are not the subject of this action, including estimates, reports, pictures, cancelled
checks, releases, proofs of loss, recorded statements, transcripts of examinations under oath,
and correspondence by and between the parties related to any and all said other claims.
RESPONSE: See documents attached hereto.
. Any andall brochures, summary statements, pamphlets and advertising materials prepared by
or on behalf of Defendant and disseminated to insurance agencies or policyholders which in
any manner describe the coverages and/or exclusions under the same type of policy
involved in this action.
RESPONSE: Citizens objects as this request seeks documents that are irrelevant andnot reasonably calculated to lead to admissible evidence in a Breach of Contract action.
Further, considerations such as “whether [an] adjuster ‘properly investigated’ or
‘properly adjusted’ [a] claim” may be appropriate in a bad faith case, however, “they
have no place in a simple breach of contract action” or presumably, a declaratory relief
action to interpret policy provisions. See Citizens Prop. Ins. Corp. v. Calonge, 43 Fla. L.
Weekly D855b (Fla. 3d DCA Apr. 18, 2018).
18. All reports by engineers, general contractors and all other professional persons and entities
which in any manner pertain to alleged loss at the subject property.
RESPONSE: Citizens objects as this request seeks documents that are work-product
privileged.
CERTIFICATE OF SERVICE
I certify that on the 3rd day of January, 2020, I electronically filed the foregoing with the Florida
Courts E-Filing Portal which will send notice of the electronic filing and the foregoing to:
Kenneth R. Duboff
Duboff Law Firm
680 NE 127" Street
North Miami, FL 33161
CourtDocument@DuboffLawFirm.com
GOEDE, ADAMCZYK, DEBOEST & CROSS, PLLC
/s/ Lyndsay D. Fichtenbaum
Lyndsay D. Fichtenbaum
Florida Bar Number 123568
Harris B. Katz
Florida Bar Number 2331
4800 N. Federal Highway, Suite 307D
Boca Raton, FL 33431
Telephone: (561) 368-9200
Facsimile: (561) 395-7050
LFichtenbaum@gadclaw.com
BBoltz@gadclaw.comIN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA.
PAUL RODRIGUEZ,
Plaintiff, CASE NO.: CACE-19-021427
v.
CITIZENS PROPERTY INSURANCE
CORPORATION,
Defendant.
/
DEFENDANT, CITIZENS PROPERTY INSURANCE CORPORATION’S.
AMENDED PRIVILEGE LOG FOR ITS RESPONSES TO PLAINTIFF’S FIRST REQUEST FOR
PRODUCTION
DATE |TO | FROM DESCRIPTION PRIVILEGE
Various | Internal Claim Notes Subsequent to Reasonable | Work Product Privilege
Anticipation of Litigation
Various | Citizens and | Correspondence between Citizens and | Attorney-Client Privilege
Counsel Counsel regarding subject claim
Various | Internal Reserves Work Product Privilege
Preview
Filing # 101074688 E-Filed 01/03/2020 11:05:11 AM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA. PAUL RODRIGUEZ, Plaintiff, CASE NO.: CACE-19-021427 v. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. DEFENDAI RESPONSE TO PLAINTIFF’S REQUEST FOR PRODUCTION Defendant, Citizens Property Insurance Corporation (hereinafter “Citizens”), by and through the undersigned counsel and pursuant to Rules 1.280 and 1.350 of the Florida Rules of Civil Procedure, hereby responds to Plaintiff, PAUL RODRIGUEZ (hereinafter “Plaintiff’), Request for Production as follows: lL GENERAL OBJECTIONS A. Defendant objects to any request for documents and materials that constitute or contain information concerning communications between and their counsel that are protected by the lawyer- client privilege. B. Defendant objects to any requests for documents and materials which constitute materials prepared in anticipation of or as a result of litigation or which are otherwise protected by the work- product doctrine or any other applicable privilege or protection. Cc. Defendant objects to any requests for documents or materials to the extent the request seeks to impose upon Defendant any obligation beyond those imposed by the Florida Rules of Civil Procedure. D. Defendant objects to any requests that seek information not relevant to the subject matter of the litigation or reasonably calculated to lead to the discovery of admissible evidence. E. The inadvertent production by Defendant of documents containing information protected from disclosure by the lawyer-client privilege, work-product doctrine or any other applicable privilege will not constitute a waiver by Defendant of such protection. F. None of the responses constitute an admission relative to the existence of any documents, to the relevancy or the admissibility of any document, or to the truth or accuracy of any statements or characterization contained in Plaintiff's Request for Production. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 01/03/2020 11:05:10 AM.****G. Defendant does not believe that Plaintiff's Request for Production is intended to be interpreted so broadly as to include communications between Defendant and their legal counsel. However, if the Request is intended to be interpreted that broadly, Defendant objects to it in that regard and moves for an extension of time to file a privilege log. H. Unless otherwise indicated, Defendant will not produce any documents or other materials encompassed by the foregoing objections. I Unless otherwise indicated, “will produce” means that the documents will be made available as they are kept in the ordinary course of business for Plaintiff's inspection and copying upon reasonable coordination at the offices of the undersigned counsel. I. SPECIFIC RESPONSES Responding specifically to the Requests by correspondingly numbered paragraphs, which incorporate the general objections listed above, Defendant states: 1. A true and correct certified copy of the insurance policy described in the Complaint, including all declaration sheet(s) , addendums and attachments. RESPONSE: See documents attached hereto. 2. All photographs taken during Defendant’s investigation conducted during the normal business of evaluating the claim. RESPONSE: See documents attached hereto. 3. No number 3 included in the Request for Production. 4. All estimates of damage prepared by or on behalf of Defendant that were made during the normal business of evaluating the claim. RESPONSE: See documents attached hereto. 5. All letters, faxes, email communications, and log notes from Defendant’s adjusters or agents which in any manner references any and all damages or causes of loss observed that were prepared or generated during Defendant’s investigation conducted during the normal business of evaluating the claim. RESPONSE: See documents attached hereto. 6. Defendant’s entire claim file from the date of the initial notice of the loss until the day before Defendant knew that Defendant was going to deny any further payment or litigate the claim. RESPONSE: Citizens objects as this request seeks documents that are work-product privileged. Subject to and without waiving said objection, see documents attached hereto. 7. Defendant’s entire claim file for the entire time that the claim was being handled by Defendant not in anticipation of litigation for the loss. RESPONSE: Citizens objects as this request seeks documents that are work-product privileged. Subject to and without waiving said objection, see documents attached hereto.10. 11. 12. 13. 14. 16. . Any and all correspondence or written communications from Defendant, or its agents to Plaintiff, or Plaintiffs agents, which in any manner pertain to Plaintiffs alleged loss as described in the Complaint. RESPONSE: See documents attached hereto. . Any and all correspondence or written communications from Plaintiff, or Plaintiffs agents to Defendant, or its agents, which in any manner pertain to Plaintiffs alleged loss as described in the Complaint. RESPONSE: See documents attached hereto. . Any and all tape recordings of any statements made by Plaintiff or Plaintiffs agents or employees. RESPONSE: None. Any and all transcripts or written statements from the Plaintiff(s) including, without limitation, transcripts of examinations under oath. RESPONSE: None. Copies of each and every bill or estimate for repair to the subject property submitted to Defendant by Plaintiff or Plaintiffs agents or employees. RESPONSE: See documents attached hereto. . 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 documents attached hereto. All documents relating to or supporting Defendant's denial of any allegation of Plaintiffs Complaint. RESPONSE: See documents attached hereto. All documents relating to or supporting each of Defendant's affirmative or general defenses asserted by Defendant. RESPONSE: See documents attached hereto. . All underwriting files pertaining to the policy of insurance described in the Complaint. RESPONSE: See documents attached hereto. Any and all documents related to any and all other insurance claims made by Plaintiff(s) which are not the subject of this action, including estimates, reports, pictures, cancelled checks, releases, proofs of loss, recorded statements, transcripts of examinations under oath, and correspondence by and between the parties related to any and all said other claims. RESPONSE: See documents attached hereto. . Any andall brochures, summary statements, pamphlets and advertising materials prepared by or on behalf of Defendant and disseminated to insurance agencies or policyholders which in any manner describe the coverages and/or exclusions under the same type of policy involved in this action. RESPONSE: Citizens objects as this request seeks documents that are irrelevant andnot reasonably calculated to lead to admissible evidence in a Breach of Contract action. Further, considerations such as “whether [an] adjuster ‘properly investigated’ or ‘properly adjusted’ [a] claim” may be appropriate in a bad faith case, however, “they have no place in a simple breach of contract action” or presumably, a declaratory relief action to interpret policy provisions. See Citizens Prop. Ins. Corp. v. Calonge, 43 Fla. L. Weekly D855b (Fla. 3d DCA Apr. 18, 2018). 18. All reports by engineers, general contractors and all other professional persons and entities which in any manner pertain to alleged loss at the subject property. RESPONSE: Citizens objects as this request seeks documents that are work-product privileged. CERTIFICATE OF SERVICE I certify that on the 3rd day of January, 2020, I electronically filed the foregoing with the Florida Courts E-Filing Portal which will send notice of the electronic filing and the foregoing to: Kenneth R. Duboff Duboff Law Firm 680 NE 127" Street North Miami, FL 33161 CourtDocument@DuboffLawFirm.com GOEDE, ADAMCZYK, DEBOEST & CROSS, PLLC /s/ Lyndsay D. Fichtenbaum Lyndsay D. Fichtenbaum Florida Bar Number 123568 Harris B. Katz Florida Bar Number 2331 4800 N. Federal Highway, Suite 307D Boca Raton, FL 33431 Telephone: (561) 368-9200 Facsimile: (561) 395-7050 LFichtenbaum@gadclaw.com BBoltz@gadclaw.comIN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA. PAUL RODRIGUEZ, Plaintiff, CASE NO.: CACE-19-021427 v. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. / DEFENDANT, CITIZENS PROPERTY INSURANCE CORPORATION’S. AMENDED PRIVILEGE LOG FOR ITS RESPONSES TO PLAINTIFF’S FIRST REQUEST FOR PRODUCTION DATE |TO | FROM DESCRIPTION PRIVILEGE Various | Internal Claim Notes Subsequent to Reasonable | Work Product Privilege Anticipation of Litigation Various | Citizens and | Correspondence between Citizens and | Attorney-Client Privilege Counsel Counsel regarding subject claim Various | Internal Reserves Work Product Privilege