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Filing # 25938351 E-Filed 04/10/2015 11:22:33 AM
IN THE CIRCUIT COURT OF THE 17' JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
ISRAEL PEREZ and ESTHER PEREZ, CASE NO. 12-31701 CACE 05
Plaintiffs,
vs.
FEDERATED NATIONAL INSURANCE
COMPANY,
Defendant.
P TIFFS’ SECOND REQUEST FOR PRODUCTION TO DEFENDANT
Plaintiffs, ISRAEL PEREZ and ESTHER PEREZ, (“Plaintiffs”), by and through
undersigned counsel and pursuant to Florida Rules of Civil Procedure, Rule 1.350, request the
Defendant, FEDERATED NATIONAL INSURANCE COMPANY, (“Defendant”), to produce
the following documents and things within thirty (30) days:
I DEFINITIONS AND INSTRUCTIONS
1. The 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 Insureds in the matter entitled,
ISRAEL PEREZ and ESTHER PEREZ v. FEDERATED NATIONAL INSURANCE
COMPANY, 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
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
*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 4/10/2015 11:22:34 AM.****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 “Defendant” shall refer to FEDERATED NATIONAL INSURANCE
COMPANY, 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 17001 NW 17" ST, Pembroke Pines, FL., 33028.
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 November
2011 to date.
21. The term “Insureds” shall refer to ISRAEL PEREZ and ESTHER PEREZ, their
affiliates, predecessors, successors, agents, attorneys and/or anyone else acting on their behalf.
Il. DOCUMENTS REQUESTED
1. Each and every timesheet, log and all other documents reflecting time spent by
Defendant at the Property.
2. Each and every document, evidencing the name, address, and the
position/relationship with Defendant, of every individual who has visited the Property on behalf
of Defendant.
3. The initial inspection report created by Defendant’s field adjuster or representative
who initially inspected the loss as described in the Complaint.4. Any and all receipts or estimates for repairs to the subject property submitted to
Defendant by Plaintiffs.
5. Any and all copies of checks issued to Plaintiffs by Defendant for the claim as
described in the Complaint.
6. All documents that Defendant has in its possession pertaining to Plaintiffs’ prior
claims.
7. Any and all applications for insurance filled out by Plaintiffs.
8. Any and all documentation produced by Plaintiffs to Defendant during Plaintiffs’
application process with Defendant or Defendant’s agent.
9 Pursuant to Section 627.351 (6)(x)(3), Florida Statutes a copy of Defendant’s claims
file relating to the claim as described in the Complaint.
10. Any and all copies of any four point inspections performed on the subject property.
11, Any and all documents, including but not limited to reports, estimates,
correspondence, emails, photographs, videos, and/ or transcripts, that support Defendant’s
contention that “Plaintiff[s] conducted [themselves] in a careless and negligent manner,” as
stated in Defendant’s second affirmative defense.
12. Any and all documents, including but not limited to reports, estimates,
correspondence, emails, photographs, videos, and/ or transcripts, that support Defendant’s
contention that “the date of loss likely occurred outside of the policy coverage period prior to the
underlying policy’s inception date,” as stated in Defendant’s third affirmative defense.
13. Any and all documents, including but not limited to reports, estimates,
correspondence, emails, photographs, videos, and/ or transcripts, that support Defendant’s
contention that “the invoice for water remediation services as submitted by the Plaintiffs] is
fraudulent and at the very least excessive in scope and pricing,” as stated in Defendant’s fourth
affirmative defense.
14. Any and all documents, including but not limited to reports, estimates,
correspondence, emails, photographs, videos, and/ or transcripts, that support Defendant’s
contention that “the estimate for damages from a general contractor as submitted by Plaintiff[s]
is excessive in scope and valuation,” as stated in Defendant’s fifth affirmative defense.
15. Any and all documents, including but not limited to reports, estimates,
correspondence, emails, photographs, videos, and/ or transcripts, that support Defendant’s
contention that Plaintiffs’ estimate for damages “includes items that would not have been
damaged in this alleged loss,” as stated in Defendant’s fifth affirmative defense.
16. Any and all documents, including but not limited to reports, estimates,correspondence, emails, photographs, videos, and/ or transcripts, that support Defendant’s
contention that “Plaintiff[s] interfered with and prejudiced the Defendant’s investigation into the
subject claim,” as stated in Defendant’s sixth affirmative defense.
17... Any and all documents, including but not limited to reports, estimates,
correspondence, emails, photographs, videos, and/ or transcripts, that support Defendant’s
contention that Plaintiffs “contributed to the spoliation of evidence,” as stated in Defendant’s
sixth affirmative defense.
18. Any and all documents, including but not limited to reports, estimates,
correspondence, emails, photographs, videos, and/ or transcripts, that support Defendant’s
contention that “the alleged loss did not occur as reported by the Plaintiff[s],” as stated in
Defendant’s seventh affirmative defense.
19. Any and all documents, including but not limited to reports, estimates,
correspondence, emails, photographs, videos, and/ or transcripts, that support Defendant’s
contention that “there does not appear to have been a direct physical loss to the property,” as
stated in Defendant’s eighth affirmative defense.
20. Any and all documents, including but not limited to reports, estimates,
correspondence, emails, photographs, videos, and/ or transcripts, that support Defendant’s
contention that “any purported alleged damage is the result of a lack of maintenance, wear and
tear, improper maintenance, and/or defective installation,” as stated in Defendant’s ninth
affirmative defense.
21. Any and all documents, including but not limited to reports, estimates,
correspondence, emails, photographs, videos, and/ or transcripts, that support Defendant’s
contention that “[nJotable inconsistencies were discovered during [Defendant’s] investigation
into the subject claim,” as stated in Defendant’s tenth affirmative defense.
22. Any and all documents, including but not limited to reports, estimates,
correspondence, emails, photographs, videos, and/ or transcripts, that support Defendant’s
contention that the subject loss “is an intentional loss arising out of an act committed at the
direction of the insured[s],” as stated in Defendant’s eleventh affirmative defense.
23. Any and all documents, including but not limited to reports, estimates,
correspondence, emails, photographs, videos, and/ or transcripts, that support Defendant’s
contention that Plaintiffs “[failed] to timely notify Defendant of the alleged loss,” as stated in
Defendant’s twelfth affirmative defense.
24. Any and all documents, including but not limited to reports, estimates,
correspondence, emails, photographs, videos, and/ or transcripts, that support Defendant’s
contention that Plaintiffs “[failed] to provide all requested documentation necessary to evaluate
the claim,” as stated in Defendant’s twelfth affirmative defense.
CERTIFICATE OF SERVICE ON NEXT PAGECERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been sent via
Electronic Mail on this 10" day of April, 2015, to Matthew Watkins, Esq., Kirwan, Spellacy &
Danner, P.A., at pleadings@kirwanspellacy.com and mwatkins@kirwanspellacy.com, Brian
Costa, Esq., Alvarez, Carbonell, Feltman & DaSilva, PL, Co-Counsel for Plaintiff at
bcosta@ACFDlaw.com, dperez@ACFDlaw.com, plopez@ACFDLAW.com,
service@ACFDlaw.com and aorduz@ACFDlaw.com.
Respectfully submitted,
THE CUDLIPP LAW FIRM, P.A.
Attorney for Plaintiffs
12555 Biscayne Blvd., #785
Miami, FL 33181
T: 305-759-7704
F: 305-341-3416
By: — /s/Michael P. Cudlipp
Michael P. Cudlipp, Esq.
Primary: eservice@cudlipplaw.net
Secondary:a.s.cudlipp@gmail.com
FBN: 334420
Preview
Filing # 25938351 E-Filed 04/10/2015 11:22:33 AM IN THE CIRCUIT COURT OF THE 17' JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA ISRAEL PEREZ and ESTHER PEREZ, CASE NO. 12-31701 CACE 05 Plaintiffs, vs. FEDERATED NATIONAL INSURANCE COMPANY, Defendant. P TIFFS’ SECOND REQUEST FOR PRODUCTION TO DEFENDANT Plaintiffs, ISRAEL PEREZ and ESTHER PEREZ, (“Plaintiffs”), by and through undersigned counsel and pursuant to Florida Rules of Civil Procedure, Rule 1.350, request the Defendant, FEDERATED NATIONAL INSURANCE COMPANY, (“Defendant”), to produce the following documents and things within thirty (30) days: I DEFINITIONS AND INSTRUCTIONS 1. The 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 Insureds in the matter entitled, ISRAEL PEREZ and ESTHER PEREZ v. FEDERATED NATIONAL INSURANCE COMPANY, 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 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 *** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 4/10/2015 11:22:34 AM.****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 “Defendant” shall refer to FEDERATED NATIONAL INSURANCE COMPANY, 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 17001 NW 17" ST, Pembroke Pines, FL., 33028. 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 November 2011 to date. 21. The term “Insureds” shall refer to ISRAEL PEREZ and ESTHER PEREZ, their affiliates, predecessors, successors, agents, attorneys and/or anyone else acting on their behalf. Il. DOCUMENTS REQUESTED 1. Each and every timesheet, log and all other documents reflecting time spent by Defendant at the Property. 2. Each and every document, evidencing the name, address, and the position/relationship with Defendant, of every individual who has visited the Property on behalf of Defendant. 3. The initial inspection report created by Defendant’s field adjuster or representative who initially inspected the loss as described in the Complaint.4. Any and all receipts or estimates for repairs to the subject property submitted to Defendant by Plaintiffs. 5. Any and all copies of checks issued to Plaintiffs by Defendant for the claim as described in the Complaint. 6. All documents that Defendant has in its possession pertaining to Plaintiffs’ prior claims. 7. Any and all applications for insurance filled out by Plaintiffs. 8. Any and all documentation produced by Plaintiffs to Defendant during Plaintiffs’ application process with Defendant or Defendant’s agent. 9 Pursuant to Section 627.351 (6)(x)(3), Florida Statutes a copy of Defendant’s claims file relating to the claim as described in the Complaint. 10. Any and all copies of any four point inspections performed on the subject property. 11, Any and all documents, including but not limited to reports, estimates, correspondence, emails, photographs, videos, and/ or transcripts, that support Defendant’s contention that “Plaintiff[s] conducted [themselves] in a careless and negligent manner,” as stated in Defendant’s second affirmative defense. 12. Any and all documents, including but not limited to reports, estimates, correspondence, emails, photographs, videos, and/ or transcripts, that support Defendant’s contention that “the date of loss likely occurred outside of the policy coverage period prior to the underlying policy’s inception date,” as stated in Defendant’s third affirmative defense. 13. Any and all documents, including but not limited to reports, estimates, correspondence, emails, photographs, videos, and/ or transcripts, that support Defendant’s contention that “the invoice for water remediation services as submitted by the Plaintiffs] is fraudulent and at the very least excessive in scope and pricing,” as stated in Defendant’s fourth affirmative defense. 14. Any and all documents, including but not limited to reports, estimates, correspondence, emails, photographs, videos, and/ or transcripts, that support Defendant’s contention that “the estimate for damages from a general contractor as submitted by Plaintiff[s] is excessive in scope and valuation,” as stated in Defendant’s fifth affirmative defense. 15. Any and all documents, including but not limited to reports, estimates, correspondence, emails, photographs, videos, and/ or transcripts, that support Defendant’s contention that Plaintiffs’ estimate for damages “includes items that would not have been damaged in this alleged loss,” as stated in Defendant’s fifth affirmative defense. 16. Any and all documents, including but not limited to reports, estimates,correspondence, emails, photographs, videos, and/ or transcripts, that support Defendant’s contention that “Plaintiff[s] interfered with and prejudiced the Defendant’s investigation into the subject claim,” as stated in Defendant’s sixth affirmative defense. 17... Any and all documents, including but not limited to reports, estimates, correspondence, emails, photographs, videos, and/ or transcripts, that support Defendant’s contention that Plaintiffs “contributed to the spoliation of evidence,” as stated in Defendant’s sixth affirmative defense. 18. Any and all documents, including but not limited to reports, estimates, correspondence, emails, photographs, videos, and/ or transcripts, that support Defendant’s contention that “the alleged loss did not occur as reported by the Plaintiff[s],” as stated in Defendant’s seventh affirmative defense. 19. Any and all documents, including but not limited to reports, estimates, correspondence, emails, photographs, videos, and/ or transcripts, that support Defendant’s contention that “there does not appear to have been a direct physical loss to the property,” as stated in Defendant’s eighth affirmative defense. 20. Any and all documents, including but not limited to reports, estimates, correspondence, emails, photographs, videos, and/ or transcripts, that support Defendant’s contention that “any purported alleged damage is the result of a lack of maintenance, wear and tear, improper maintenance, and/or defective installation,” as stated in Defendant’s ninth affirmative defense. 21. Any and all documents, including but not limited to reports, estimates, correspondence, emails, photographs, videos, and/ or transcripts, that support Defendant’s contention that “[nJotable inconsistencies were discovered during [Defendant’s] investigation into the subject claim,” as stated in Defendant’s tenth affirmative defense. 22. Any and all documents, including but not limited to reports, estimates, correspondence, emails, photographs, videos, and/ or transcripts, that support Defendant’s contention that the subject loss “is an intentional loss arising out of an act committed at the direction of the insured[s],” as stated in Defendant’s eleventh affirmative defense. 23. Any and all documents, including but not limited to reports, estimates, correspondence, emails, photographs, videos, and/ or transcripts, that support Defendant’s contention that Plaintiffs “[failed] to timely notify Defendant of the alleged loss,” as stated in Defendant’s twelfth affirmative defense. 24. Any and all documents, including but not limited to reports, estimates, correspondence, emails, photographs, videos, and/ or transcripts, that support Defendant’s contention that Plaintiffs “[failed] to provide all requested documentation necessary to evaluate the claim,” as stated in Defendant’s twelfth affirmative defense. CERTIFICATE OF SERVICE ON NEXT PAGECERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been sent via Electronic Mail on this 10" day of April, 2015, to Matthew Watkins, Esq., Kirwan, Spellacy & Danner, P.A., at pleadings@kirwanspellacy.com and mwatkins@kirwanspellacy.com, Brian Costa, Esq., Alvarez, Carbonell, Feltman & DaSilva, PL, Co-Counsel for Plaintiff at bcosta@ACFDlaw.com, dperez@ACFDlaw.com, plopez@ACFDLAW.com, service@ACFDlaw.com and aorduz@ACFDlaw.com. Respectfully submitted, THE CUDLIPP LAW FIRM, P.A. Attorney for Plaintiffs 12555 Biscayne Blvd., #785 Miami, FL 33181 T: 305-759-7704 F: 305-341-3416 By: — /s/Michael P. Cudlipp Michael P. Cudlipp, Esq. Primary: eservice@cudlipplaw.net Secondary:a.s.cudlipp@gmail.com FBN: 334420