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Case Number: CACE-20-017657 Division: 25
Filing # 115445896 E-Filed 10/22/2020 01:17:03 PM
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
CIVIL DIVISION
TOBIAS MACBETH &
ANITA L. MACBETH,
Plaintiffs,
Case No.:
v.
CAPITOL PREFERRED
INSURANCE COMPANY,
Defendant.
PLAINTIFF, TOBIAS MACBETH’S FIR:
INTERROGATORIES TO DEFE)
In accordance with Rules 1.280 and 1.340 of the Florida Rules of Civil Procedure, the
Defendant is hereby required within forty-five (45) days after service hereof to answer the attached
Interrogatories numbered | through 12 in writing and under oath, to insert said answers upon the
original and copy served, and to serve copies to all counsel of record pursuant to the Rules.
DEFINITIONS
A. When used herein "you" or "your" shall mean CAPITOL PREFERRED
INSURANCE COMPANY, (hereinafter “CAPITOL PREFERRED”), its partners, agents, servants,
employees, attomeys, expert witnesses, accountants, auditors and all persons over whom it has control
or who have been hired, retained or employed for any purpose by it, whether directly by it or through
any other person or entity.
B. As used herein the term "document" or "documents" mean any and all information in
tangible form and shall include, without limiting the generality of the foregoing, all letters, telegrams,
telexes, teletypes, correspondence, contracts, drafts, agreements, notes to file, reports, memoranda,
mechanical or electronic recordings or transcripts of such recordings, blueprints, flow sheets, calendar
or diary entries, memoranda or telephone or personal conversations, memoranda of meetings or
conferences, studies, reports, inter-office and intra-office communications, quotations, offers,
inquiries, bulletins, circulars, statements, manuals, summaries, newsletters, compilations, maps, etc.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/22/2020 01:17:00 PM.****Cc. As used herein "communication" means the transmission, sharing or exchange of
information or knowledge in any form, by one with another.
D. As used herein the term "person" means any individual, corporation, partnership, joint
venture, group, association, body politic, government agency, unit or other organization.
E. To "identify a document" shall mean to state with respect thereto:
A. The identity of the person who prepared it;
B. The identity of the person who signed it or in whose name it was issued;
C. The identity of each person to whom it was addressed or distributed;
D. The nature or substance of the document with sufficient particularity to enable it
to be identified;
E. Its date, and if it bears no date, the date when it was prepared; and
F_ The physical location of the document and the custodian or custodians thereof.
F. To "identify a person" with reference to a natural person means to give his name, his last
known address and if employed, the name and address of his employer and his job title or position.
To identify a person who is not an individual, means to state the name and principal office of such
person.INTERROGATORIES
State the name, title, address and phone number of each person(s) who assisted in the
formulation of the answers to these Interrogatories.
State the name, address, phone number and title of each person(s) who had any role,
whatsoever, in analyzing or adjusting the insurance claim of PLAINTIFF, for the damages
and claim which underlie this litigation, giving a brief description of each person’s
responsibilities and actions regarding this matter.
State the names, addresses, phone numbers and titles of the following:
a. Any person known to you or your attorneys who has any relevant knowledge of the
issues, which form the basis of this litigation, whether or not that knowledge supports
your position, and state the nature or general substance of each person(s) knowledge.
b. All persons believed or known by you to have heard or who is purported to have heard
anyone on behalf of PLAINTIFF make any communication concerning the subject
matter of the Complaint and state the substance of each communication.
c. All persons believed or known by you to have heard or who is purported to have heard
PLAINTIFF make any communication conceming the subject matter of the
Complaint and state the substance of each communication.
. State with specificity all contractual amounts owed to PLAINTIFF by CAPITOL
PREFERRED as a result of the loss and damage, which forms the basis of this litigation,
whether or not payment has been tendered to PLAINTIFF.
. With respect to each amount listed in the preceding interrogatory:
a. Identify the specific provision of the contract of insurance, which provides the basis
for the amount owed.
b. Disclose with specificity sufficient to effect service of process the identity of every
person and entity upon whom CAPITOL PREFERRED relies in determining the
amounts owed to PLAINTIFF.
State whether PLAINTIFF made any previous claims to CAPITOL PREFERRED on the
policy of insurance that is the subject of this litigation, or any other policy with CAPITOL
PREFERRED, and for each previous claim state:
The nature of the claim
The date of the claim
The amount claimed; and
The amount paid by CAPITOL PREFERRED on this claim.
Bose
. Identify by name, author and date of report, all reports, estimates, evaluations, appraisals, or
similar documents prepared by or on behalf of CAPITOL PREFERRED concerning any
aspect of the loss and damage that underlies this litigation.
. Identify by name and address all persons participating in or assisting in the preparation of the
following:10.
11.
12.
a. Any inventory, lists, etc. of the real and/or personal property of PLAINTIFF damaged
or destroyed in the loss that underlies this litigation.
b. Any and all statements and/or proofs of loss filed with CAPITOL PREFERRED by
or on behalf of PLAINTIFF.
Identify all expert witnesses you have retained or consulted which you will or may call to
testify at the trial of this litigation and state the subject matter to which each is expected to
testify.
Disclose with specificity sufficient to effect service of process the identity of all information
bureaus and third-party sources from which CAPITOL PREFERRED has sought information
about PLAINTIFF and for each such information bureaus or third-party source state the exact
information requested and the information obtained.
Disclose with specificity sufficient to effect service of process the identity of all information
bureaus and third-party sources to which CAPITOL PREFERRED has provided any
information about PLAINTIFF and for each such information bureau or third-party source
state the exact information provided.
List all payments by CAPITOL PREFERRED to, or on behalf of PLAINTIFF, stating the
amount of payment, the date of payment, the exact coverage for which payment was made
(e.g. damage to personal property), and for persons or entities other than PLAINTIFF, the
name and address of the person or entity to whom payment was made.CAPITOL PREFERRED INSURANCE COMPANY
By,
Title
STATE OF
COUNTY OF
Swom to and subscribed before me this day of 2020,
by. as of DEFENDANT, who is personally known to
me or who has produced as identification.
Notary Public
Name of Notary (Typed, Printed or Stamped)
My Commission Expires:
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Case Number: CACE-20-017657 Division: 25 Filing # 115445896 E-Filed 10/22/2020 01:17:03 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CIVIL DIVISION TOBIAS MACBETH & ANITA L. MACBETH, Plaintiffs, Case No.: v. CAPITOL PREFERRED INSURANCE COMPANY, Defendant. PLAINTIFF, TOBIAS MACBETH’S FIR: INTERROGATORIES TO DEFE) In accordance with Rules 1.280 and 1.340 of the Florida Rules of Civil Procedure, the Defendant is hereby required within forty-five (45) days after service hereof to answer the attached Interrogatories numbered | through 12 in writing and under oath, to insert said answers upon the original and copy served, and to serve copies to all counsel of record pursuant to the Rules. DEFINITIONS A. When used herein "you" or "your" shall mean CAPITOL PREFERRED INSURANCE COMPANY, (hereinafter “CAPITOL PREFERRED”), its partners, agents, servants, employees, attomeys, expert witnesses, accountants, auditors and all persons over whom it has control or who have been hired, retained or employed for any purpose by it, whether directly by it or through any other person or entity. B. As used herein the term "document" or "documents" mean any and all information in tangible form and shall include, without limiting the generality of the foregoing, all letters, telegrams, telexes, teletypes, correspondence, contracts, drafts, agreements, notes to file, reports, memoranda, mechanical or electronic recordings or transcripts of such recordings, blueprints, flow sheets, calendar or diary entries, memoranda or telephone or personal conversations, memoranda of meetings or conferences, studies, reports, inter-office and intra-office communications, quotations, offers, inquiries, bulletins, circulars, statements, manuals, summaries, newsletters, compilations, maps, etc. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/22/2020 01:17:00 PM.****Cc. As used herein "communication" means the transmission, sharing or exchange of information or knowledge in any form, by one with another. D. As used herein the term "person" means any individual, corporation, partnership, joint venture, group, association, body politic, government agency, unit or other organization. E. To "identify a document" shall mean to state with respect thereto: A. The identity of the person who prepared it; B. The identity of the person who signed it or in whose name it was issued; C. The identity of each person to whom it was addressed or distributed; D. The nature or substance of the document with sufficient particularity to enable it to be identified; E. Its date, and if it bears no date, the date when it was prepared; and F_ The physical location of the document and the custodian or custodians thereof. F. To "identify a person" with reference to a natural person means to give his name, his last known address and if employed, the name and address of his employer and his job title or position. To identify a person who is not an individual, means to state the name and principal office of such person.INTERROGATORIES State the name, title, address and phone number of each person(s) who assisted in the formulation of the answers to these Interrogatories. State the name, address, phone number and title of each person(s) who had any role, whatsoever, in analyzing or adjusting the insurance claim of PLAINTIFF, for the damages and claim which underlie this litigation, giving a brief description of each person’s responsibilities and actions regarding this matter. State the names, addresses, phone numbers and titles of the following: a. Any person known to you or your attorneys who has any relevant knowledge of the issues, which form the basis of this litigation, whether or not that knowledge supports your position, and state the nature or general substance of each person(s) knowledge. b. All persons believed or known by you to have heard or who is purported to have heard anyone on behalf of PLAINTIFF make any communication concerning the subject matter of the Complaint and state the substance of each communication. c. All persons believed or known by you to have heard or who is purported to have heard PLAINTIFF make any communication conceming the subject matter of the Complaint and state the substance of each communication. . State with specificity all contractual amounts owed to PLAINTIFF by CAPITOL PREFERRED as a result of the loss and damage, which forms the basis of this litigation, whether or not payment has been tendered to PLAINTIFF. . With respect to each amount listed in the preceding interrogatory: a. Identify the specific provision of the contract of insurance, which provides the basis for the amount owed. b. Disclose with specificity sufficient to effect service of process the identity of every person and entity upon whom CAPITOL PREFERRED relies in determining the amounts owed to PLAINTIFF. State whether PLAINTIFF made any previous claims to CAPITOL PREFERRED on the policy of insurance that is the subject of this litigation, or any other policy with CAPITOL PREFERRED, and for each previous claim state: The nature of the claim The date of the claim The amount claimed; and The amount paid by CAPITOL PREFERRED on this claim. Bose . Identify by name, author and date of report, all reports, estimates, evaluations, appraisals, or similar documents prepared by or on behalf of CAPITOL PREFERRED concerning any aspect of the loss and damage that underlies this litigation. . Identify by name and address all persons participating in or assisting in the preparation of the following:10. 11. 12. a. Any inventory, lists, etc. of the real and/or personal property of PLAINTIFF damaged or destroyed in the loss that underlies this litigation. b. Any and all statements and/or proofs of loss filed with CAPITOL PREFERRED by or on behalf of PLAINTIFF. Identify all expert witnesses you have retained or consulted which you will or may call to testify at the trial of this litigation and state the subject matter to which each is expected to testify. Disclose with specificity sufficient to effect service of process the identity of all information bureaus and third-party sources from which CAPITOL PREFERRED has sought information about PLAINTIFF and for each such information bureaus or third-party source state the exact information requested and the information obtained. Disclose with specificity sufficient to effect service of process the identity of all information bureaus and third-party sources to which CAPITOL PREFERRED has provided any information about PLAINTIFF and for each such information bureau or third-party source state the exact information provided. List all payments by CAPITOL PREFERRED to, or on behalf of PLAINTIFF, stating the amount of payment, the date of payment, the exact coverage for which payment was made (e.g. damage to personal property), and for persons or entities other than PLAINTIFF, the name and address of the person or entity to whom payment was made.CAPITOL PREFERRED INSURANCE COMPANY By, Title STATE OF COUNTY OF Swom to and subscribed before me this day of 2020, by. as of DEFENDANT, who is personally known to me or who has produced as identification. Notary Public Name of Notary (Typed, Printed or Stamped) My Commission Expires: