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Filing # 120220604 E-Filed 01/26/2021 09:19:19 AM
IN THE CIRCUIT COURT OF THE 17!
JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO.: CACE-20-017305
ROGENIA HANDSPIKE,
Plaintiff,
v.
HERITAGE PROPERTY AND CASUALTY
INSURANCE COMPANY,
Defendant.
/
DEFENDANT’S OBJECTIONS AND RESPONSES
TO PLAINTIFF’S FIRST RE! ST FOR PRODUCTION
Defendant, HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY
(“HPCI”) by and through its undersigned counsel, and pursuant to Fla. R. Civ. P. 1.350, hereby
files its Objections and Responses to Plaintiff's First Request for Production:
GENERAL OBJECTIONS
In responding these Requests for Production, it has been assumed that Plaintiff does not
seek information or documents protected by the attorney/client privilege or the work product
privilege and the responding party, by answering this discovery does not waive said privileges.
Heritage objects to these Requests for Production as unduly burdensome and oppressive
insofar as they seek information or documents already in Plaintiff's possession, documents in
possession of the Plaintiffs agents, or documents equally available to Plaintiff.
Heritage further objects to Plaintiff’s Requests for Production to the extent that the Plaintiff
seeks “any” or “all” information of a particular description or designation.
Heritage further objects to Plaintiff's Requests for Production as overly broad, unduly
burdensome, and irrelevant to the extent that the Requests, or any portion thereof, relate to
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 01/26/2021 09:19:19 AM.****CASE NO.: CACE-20-017305
properties, claims, and/or policies other than those that are the subject of Plaintiff’s lawsuit. To the
extent Plaintiff's First Requests for Production exceed the scope of permissible discovery as
heretofore described, Heritage objects and will confine its responses as aforesaid.
Furthermore, all Requests for Production will be responded to in accordance with the
applicable Fla. R. Civ. P. To the extent Plaintiff's First Requests for Production exceed the scope
of permissible discovery, Heritage objects and will confine its responses to that required by the
aforementioned Fla. R. Civ. P.
To the extent the Plaintiff is seeking claim handling or claim administration information,
Heritage objects on the grounds that the same is irrelevant to a first party breach of contract, and
additionally is protected from disclosure by the work product privilege.
Finally, neither the failure to specifically mention a general objection in any response, nor
the specification of any other objection shall be deemed a waiver of any objections to that
discovery request.
Without waiving the foregoing objections, Heritage responds to Plaintiff's Requests for
Production subject to the following preliminary statement:
PRELIMINARY STATEMENT
These responses are made solely for the purpose of this litigation. These responses
represent Heritage’ diligent and best efforts to respond to written discovery based on the
investigations, which this responding party has thus far been able to carry out in connection with
the facts relevant to this litigation. There may exist further information responsive to the discovery
that is not within this responding party’s present knowledge or reasonably available to this party.
There may exist documents relating to the subject matter of written discovery, which this
responding party has not yet located, identified, or reviewed, despite its best efforts to do so. There
may exist persons with knowledge relating to the subject matter of written discovery of whom thisCASE NO.: CACE-20-017305
responding party is not presently aware of or of whom this responding party has not yet conducted
interviews. Accordingly, these responses are based upon the facts and information now known to
this responding party as well as its present analysis of this litigation, and does not constitute an
admission or representation that additional facts, documents, or witnesses having knowledge
relevant to the subject matter of discovery do not exist.
As this litigation proceeds, this responding party anticipates other facts, documents, or
witnesses may be discovered or identified by it. This responding party reserves the right to alter,
supplement, amend, or otherwise modify these responses, as appropriate, in any way, at any time.
Except for the explicit facts stated herein, no incidental admissions are intended hereby.
The fact that Heritage responded to any of the Requests for Production is not an admission that it
accepts or admits the existence of facts set forth or assumed by any request or that such response
is constituted admissible evidence. The fact that Heritage answered all or part of any request is not
intended and should not be construed to be a waiver of all or any part of any objections to the
request.
The term “Property” shall refer to the property located at or near 2557 Fletcher Ct.,
Hollywood, Florida 33020.
The term “policy” shall refer to Heritage’s policy number HKH00036832800.
The term “claim” shall refer to the alleged loss occurring on or about January 03, 2020
which was assigned claim number HP205397.
DEFENDANT’S SPECIFIC OBJECTIONS AND RESPON:
TO PLAINTIFF’S FIRST REQUEST FOR PRODUCTI
1. A true and correct certified copy of the insurance policy provided by the Insurance
Company to the Insured, for which this lawsuit is premised, including but not limited to,
declaration sheet(s), all addendums and attachments.
RESPONSE:CASE NO.: CACE-20-017305
Please see attached a certified copy of the policy in effect at the time of the alleged
loss, pursuant to the terms, conditions, endorsements, limitations and exclusions of
the Policy.
Each and every timesheet, log and all other documents reflecting time spent by the
Insurance Company at the Property.
RESPONSE:
Objection. Defendant objects to this request to the extent it is overboard, not limited
in time and scope, and irrelevant to the issues raised in the pleadings. Defendant
further objects to this request as it seeks documents that are contained within
Defendant’s claims file, which is not subject to discovery in a first-party coverage
action like the one presently before the Court. As such, Defendant objects to this
document request to the extent that it seeks the production of documents that are
precluded from discovery by virtue of the attorney-client privilege and/or work
product doctrine. See Genovese v. Provident Life and Acc. Ins. Co., 74 So. 3d 1064 (Fla.
2011); Nationwide Ins. Co. of Fla. v. Demmo, 57 So. 3d 982 (Fla. 2d DCA 2011); State
Farm Fla, Ins. Co. v. Desai, 106 So. 3d (Fla. 3d DCA 2013); State Farm Fla. Ins. Co. v.
Aloni, 101 So. 3d 412 (Fla. 4th DCA 2012); Allstate Ins. Co. v. Swanson, 506 So. 2d
497, 498 (Fla. 5th DCA 1987) (“Until the right of coverage is first established, a
plaintiff claiming to be an insured cannot compel disclosure of the insurer’s work
product and privileged matters in its claims file.”); State Farm Fla. Ins. Co. v.
Marascuillo, 161 So. 3d 493 (Fla. 5th DCA 2014) (holding that insurer’s claim file
relating to a prior claim does not lose qualified work product privilege when the claim
is closed and litigation does not materialize); see also Matlack v. Day, 907 So. 2d 577
(Fla. 5th DCA 2005) (holding that there are no circumstances that would overcome
the work product immunity for documents contained within an insurer’s claims file).
Notwithstanding said objections and without waiving same, the insured property was
inspected on March 26, 2020. Please see attached any and all non-privileged
documents contained in the claim for claim number HP205397. A Privilege Log will
be filed in accordance with the Florida Rules of Civil Procedure.
Each and every document, evidencing the name, address, and the position/relationship with
the Insurance Company, of every individual who has visited or plans to visit the Property
on behalf of the Insurance Company.
RESPONSE:
Defendant adopts and incorporates by reference its objections as asserted in
Defendant’s response to Plaintiff’s Request No. 2 above.
Notwithstanding said objections and without waiving same, the insured property was
inspected on March 26, 2020. Please see attached any and all non-privileged
documents contained in the claim for claim number HP205397. A Privilege Log will
be filed in accordance with the Florida Rules of Civil Procedure.CASE NO.: CACE-20-017305
Any and all correspondence or written communications from the Insurance Company to the
Insured, which in any manner pertain to the Insured’s loss as described in the Complaint.
RESPONSE:
Plaintiff is referred to any and all non-privileged documents between the Plaintiff and
Defendant pertaining to the claim number HP205397.
Any and all correspondence or written communications from the Insured, to the Insurance
Company which in any manner pertains to the Insured’s loss as described in the Complaint.
RESPONSE:
Plaintiff is referred to any and all non-privileged documents between the Plaintiff and
Defendant pertaining to the claim number HP205397.
Any and all photographs taken by the Insurance Company of the Property.
RESPONSE:
Defendant adopts and incorporates by reference its objections as asserted in
Defendant’s response to Plaintiff's Request No. 2 above. Defendant also objects to this
request as it seeks information that is overbroad and not reasonably calculated to lead
to the discovery of admissible evidence. See State Farm Fla, Ins. Co. v. Gallmon, 835
So. 2d 389 (Fla. 2d DCA 2003) (holding underwriting files are irrelevant to a first
party dispute).
Notwithstanding said objections and without waiving same, please see attached any
and all non-privileged documents contained in the claim file for claim number
HP205397, including the field adjuster’s inspection photographs.
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, Examination Under Oath
transcripts, and any other transcripts or written statements from the Insured.
RESPONSE:
Defendant adopts and incorporates by reference its objections as asserted in
Defendant’s response to Plaintiff’s Request No. 2 above.
Notwithstanding said objections and without waiting same, no recorded statement
was obtained.
Any and all bills or estimates for repairs to the Property submitted to the Insurance
Company by the Insured.10.
11.
12.
CASE NO.: CACE-20-017305
RESPONSE:
Defendant adopts and incorporates by reference its objections as asserted in
Defendant’s response to Plaintiff’s Request No. 2 above.
Notwithstanding said objections and specifically subject thereto, see Defendant’s
documents and Privilege Log produced in response to Plaintiff’s Request for
Production.
Any and all checks paid to, or on behalf of the Insured, representing insurance coverage
payment(s) for the loss.
RESPONSE:
None.
All reports which in any manner pertain to the Insured’s loss.
RESPONSE:
Defendant adopts and incorporates by reference its objections as asserted in
Defendant’s response to Plaintiff’s Request No. 2 above.
Notwithstanding said objections and without waiting same, please see attached any
and all non-privileged documents contained in the claim file for the claim number
HP205397.
A Privilege Log will be filed in accordance with the Florida Rules of Civil Procedure.
All Proof of Loss forms pertaining to the subject loss that were sent or received by you or
your representatives to or from the Insured or the Insured’s representative.
RESPONSE:
None.
Transcripts of all recorded statements taken by you or your representatives in connection
with the subject loss.
RESPONSE:
Defendant adopts and incorporates by reference its objections as asserted in
Defendant’s response to Plaintiff’s Request No. 2 above.
Notwithstanding said objections and without waiting same, no recorded statement
was obtained.13.
14.
15.
CASE NO.: CACE-20-017305
All inspection reports or other documents that evidence the cause of the damages at issue in
the subject claim as determined by you or your representative.
RESPONSE:
Defendant adopts and incorporates by reference its objections as asserted in
Defendant’s response to Plaintiff’s Request No. 2 above.
Notwithstanding said objections, see Defendant’s non-privileged and responsive
documents and Privilege Log produced in response to Plaintiff’s Request for
Production.
All applications for insurance submitted by or on behalf of the Insured to you or your
representatives in connection with obtaining or renewing the subject Policy.
RESPONSE:
Defendant objects to this request to the extent that it seeks information that is
overbroad in scope and time and not reasonably calculated to lead to the discovery of
admissible evidence. See State Farm Fla. Ins. Co. v. Gallmon, 835 So. 2d 389 (Fla. 2d
DCA 2003) (holding underwriting files are irrelevant to a first party dispute). In
addition, this request seeks information that is entirely irrelevant as there are no
underwriting or policy application related defenses that are at issue in this suit.
All photographs or videos taken by you or your representative(s) in connection with the
initial issuance or renewal of the subject Policy.
RESPONSE:
Defendant objects to this request to the extent that it seeks information that is
overbroad in scope and time and not reasonably calculated to lead to the discovery of
admissible evidence. See State Farm Fla. Ins. Co. v. Gallmon, 835 So. 2d 389 (Fla. 2d
DCA 2003) (holding underwriting files are irrelevant to a first party dispute). In
addition, this request seeks information that is entirely irrelevant as there are no
underwriting or policy application related defenses that are at issue in this suit.
A current curriculum vitae (CV) or resume for each person retained on your behalf for the
purpose of rendering an opinion as to the cause or extent of the subject damage.
RESPONSE:
Defendant objects to the extent this request seeks discovery of information relating to
Defendant’s claim file, claims investigations, claims procedures and/or claims
handling practices, which is irrelevant in a first party claim for insurance benefits
and/or protected work product. Additionally, to the extent this request seeks a
disclosure of Defendant’s consulting experts, Defendant objects pursuant to RuleCASE NO.: CACE-20-017305
1.280(b)(5), Fla. R. Civ. P.
17. All affidavits or sworn statements in your possession pertaining to the subject loss.
RESPONSE:
No affidavits or sworn statements were obtained for the subject claim; therefore,
none.
18. Transcripts of all examinations under oath (EUO) taken by you or your representatives in
connection with the subject loss.
RESPONSE:
No EUO’s were taken for the subject claim; therefore, none.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served via E-
portal to David Garcia, Esq., Marin, Eljaiek, Lopez & Martinez P.L.; 2601 South Bayshore Drive,
1s Floor, Coconut Grove, FL 33133; (305) 444-5969;
mellaw5@mellawyers.com:eservice@mellawyers.com on this 26" day of January 2021, pursuant
to Rule 2.516.
COUNSEL FOR HERITAGE PROPERTY
AND CASUALTY INSURANCE COMPANY
1571 Sawgrass Corporate Parkway, Suite 400
Sunrise, FL 33323
Office: (954) 315-1450 Ext. 7582
By:_/s/Lizhell R. Lucero
LIZBELL R. LUCERO, ESQUIRE
Florida Bar No.: 125063
Ilucero@heritagepci.com
For service of process, please also include:
tparkinson@heritagepci.com:
eservice@heritagepci.com
Preview
Filing # 120220604 E-Filed 01/26/2021 09:19:19 AM IN THE CIRCUIT COURT OF THE 17! JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: CACE-20-017305 ROGENIA HANDSPIKE, Plaintiff, v. HERITAGE PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant. / DEFENDANT’S OBJECTIONS AND RESPONSES TO PLAINTIFF’S FIRST RE! ST FOR PRODUCTION Defendant, HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY (“HPCI”) by and through its undersigned counsel, and pursuant to Fla. R. Civ. P. 1.350, hereby files its Objections and Responses to Plaintiff's First Request for Production: GENERAL OBJECTIONS In responding these Requests for Production, it has been assumed that Plaintiff does not seek information or documents protected by the attorney/client privilege or the work product privilege and the responding party, by answering this discovery does not waive said privileges. Heritage objects to these Requests for Production as unduly burdensome and oppressive insofar as they seek information or documents already in Plaintiff's possession, documents in possession of the Plaintiffs agents, or documents equally available to Plaintiff. Heritage further objects to Plaintiff’s Requests for Production to the extent that the Plaintiff seeks “any” or “all” information of a particular description or designation. Heritage further objects to Plaintiff's Requests for Production as overly broad, unduly burdensome, and irrelevant to the extent that the Requests, or any portion thereof, relate to *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 01/26/2021 09:19:19 AM.****CASE NO.: CACE-20-017305 properties, claims, and/or policies other than those that are the subject of Plaintiff’s lawsuit. To the extent Plaintiff's First Requests for Production exceed the scope of permissible discovery as heretofore described, Heritage objects and will confine its responses as aforesaid. Furthermore, all Requests for Production will be responded to in accordance with the applicable Fla. R. Civ. P. To the extent Plaintiff's First Requests for Production exceed the scope of permissible discovery, Heritage objects and will confine its responses to that required by the aforementioned Fla. R. Civ. P. To the extent the Plaintiff is seeking claim handling or claim administration information, Heritage objects on the grounds that the same is irrelevant to a first party breach of contract, and additionally is protected from disclosure by the work product privilege. Finally, neither the failure to specifically mention a general objection in any response, nor the specification of any other objection shall be deemed a waiver of any objections to that discovery request. Without waiving the foregoing objections, Heritage responds to Plaintiff's Requests for Production subject to the following preliminary statement: PRELIMINARY STATEMENT These responses are made solely for the purpose of this litigation. These responses represent Heritage’ diligent and best efforts to respond to written discovery based on the investigations, which this responding party has thus far been able to carry out in connection with the facts relevant to this litigation. There may exist further information responsive to the discovery that is not within this responding party’s present knowledge or reasonably available to this party. There may exist documents relating to the subject matter of written discovery, which this responding party has not yet located, identified, or reviewed, despite its best efforts to do so. There may exist persons with knowledge relating to the subject matter of written discovery of whom thisCASE NO.: CACE-20-017305 responding party is not presently aware of or of whom this responding party has not yet conducted interviews. Accordingly, these responses are based upon the facts and information now known to this responding party as well as its present analysis of this litigation, and does not constitute an admission or representation that additional facts, documents, or witnesses having knowledge relevant to the subject matter of discovery do not exist. As this litigation proceeds, this responding party anticipates other facts, documents, or witnesses may be discovered or identified by it. This responding party reserves the right to alter, supplement, amend, or otherwise modify these responses, as appropriate, in any way, at any time. Except for the explicit facts stated herein, no incidental admissions are intended hereby. The fact that Heritage responded to any of the Requests for Production is not an admission that it accepts or admits the existence of facts set forth or assumed by any request or that such response is constituted admissible evidence. The fact that Heritage answered all or part of any request is not intended and should not be construed to be a waiver of all or any part of any objections to the request. The term “Property” shall refer to the property located at or near 2557 Fletcher Ct., Hollywood, Florida 33020. The term “policy” shall refer to Heritage’s policy number HKH00036832800. The term “claim” shall refer to the alleged loss occurring on or about January 03, 2020 which was assigned claim number HP205397. DEFENDANT’S SPECIFIC OBJECTIONS AND RESPON: TO PLAINTIFF’S FIRST REQUEST FOR PRODUCTI 1. A true and correct certified copy of the insurance policy provided by the Insurance Company to the Insured, for which this lawsuit is premised, including but not limited to, declaration sheet(s), all addendums and attachments. RESPONSE:CASE NO.: CACE-20-017305 Please see attached a certified copy of the policy in effect at the time of the alleged loss, pursuant to the terms, conditions, endorsements, limitations and exclusions of the Policy. Each and every timesheet, log and all other documents reflecting time spent by the Insurance Company at the Property. RESPONSE: Objection. Defendant objects to this request to the extent it is overboard, not limited in time and scope, and irrelevant to the issues raised in the pleadings. Defendant further objects to this request as it seeks documents that are contained within Defendant’s claims file, which is not subject to discovery in a first-party coverage action like the one presently before the Court. As such, Defendant objects to this document request to the extent that it seeks the production of documents that are precluded from discovery by virtue of the attorney-client privilege and/or work product doctrine. See Genovese v. Provident Life and Acc. Ins. Co., 74 So. 3d 1064 (Fla. 2011); Nationwide Ins. Co. of Fla. v. Demmo, 57 So. 3d 982 (Fla. 2d DCA 2011); State Farm Fla, Ins. Co. v. Desai, 106 So. 3d (Fla. 3d DCA 2013); State Farm Fla. Ins. Co. v. Aloni, 101 So. 3d 412 (Fla. 4th DCA 2012); Allstate Ins. Co. v. Swanson, 506 So. 2d 497, 498 (Fla. 5th DCA 1987) (“Until the right of coverage is first established, a plaintiff claiming to be an insured cannot compel disclosure of the insurer’s work product and privileged matters in its claims file.”); State Farm Fla. Ins. Co. v. Marascuillo, 161 So. 3d 493 (Fla. 5th DCA 2014) (holding that insurer’s claim file relating to a prior claim does not lose qualified work product privilege when the claim is closed and litigation does not materialize); see also Matlack v. Day, 907 So. 2d 577 (Fla. 5th DCA 2005) (holding that there are no circumstances that would overcome the work product immunity for documents contained within an insurer’s claims file). Notwithstanding said objections and without waiving same, the insured property was inspected on March 26, 2020. Please see attached any and all non-privileged documents contained in the claim for claim number HP205397. A Privilege Log will be filed in accordance with the Florida Rules of Civil Procedure. Each and every document, evidencing the name, address, and the position/relationship with the Insurance Company, of every individual who has visited or plans to visit the Property on behalf of the Insurance Company. RESPONSE: Defendant adopts and incorporates by reference its objections as asserted in Defendant’s response to Plaintiff’s Request No. 2 above. Notwithstanding said objections and without waiving same, the insured property was inspected on March 26, 2020. Please see attached any and all non-privileged documents contained in the claim for claim number HP205397. A Privilege Log will be filed in accordance with the Florida Rules of Civil Procedure.CASE NO.: CACE-20-017305 Any and all correspondence or written communications from the Insurance Company to the Insured, which in any manner pertain to the Insured’s loss as described in the Complaint. RESPONSE: Plaintiff is referred to any and all non-privileged documents between the Plaintiff and Defendant pertaining to the claim number HP205397. Any and all correspondence or written communications from the Insured, to the Insurance Company which in any manner pertains to the Insured’s loss as described in the Complaint. RESPONSE: Plaintiff is referred to any and all non-privileged documents between the Plaintiff and Defendant pertaining to the claim number HP205397. Any and all photographs taken by the Insurance Company of the Property. RESPONSE: Defendant adopts and incorporates by reference its objections as asserted in Defendant’s response to Plaintiff's Request No. 2 above. Defendant also objects to this request as it seeks information that is overbroad and not reasonably calculated to lead to the discovery of admissible evidence. See State Farm Fla, Ins. Co. v. Gallmon, 835 So. 2d 389 (Fla. 2d DCA 2003) (holding underwriting files are irrelevant to a first party dispute). Notwithstanding said objections and without waiving same, please see attached any and all non-privileged documents contained in the claim file for claim number HP205397, including the field adjuster’s inspection photographs. 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, Examination Under Oath transcripts, and any other transcripts or written statements from the Insured. RESPONSE: Defendant adopts and incorporates by reference its objections as asserted in Defendant’s response to Plaintiff’s Request No. 2 above. Notwithstanding said objections and without waiting same, no recorded statement was obtained. Any and all bills or estimates for repairs to the Property submitted to the Insurance Company by the Insured.10. 11. 12. CASE NO.: CACE-20-017305 RESPONSE: Defendant adopts and incorporates by reference its objections as asserted in Defendant’s response to Plaintiff’s Request No. 2 above. Notwithstanding said objections and specifically subject thereto, see Defendant’s documents and Privilege Log produced in response to Plaintiff’s Request for Production. Any and all checks paid to, or on behalf of the Insured, representing insurance coverage payment(s) for the loss. RESPONSE: None. All reports which in any manner pertain to the Insured’s loss. RESPONSE: Defendant adopts and incorporates by reference its objections as asserted in Defendant’s response to Plaintiff’s Request No. 2 above. Notwithstanding said objections and without waiting same, please see attached any and all non-privileged documents contained in the claim file for the claim number HP205397. A Privilege Log will be filed in accordance with the Florida Rules of Civil Procedure. All Proof of Loss forms pertaining to the subject loss that were sent or received by you or your representatives to or from the Insured or the Insured’s representative. RESPONSE: None. Transcripts of all recorded statements taken by you or your representatives in connection with the subject loss. RESPONSE: Defendant adopts and incorporates by reference its objections as asserted in Defendant’s response to Plaintiff’s Request No. 2 above. Notwithstanding said objections and without waiting same, no recorded statement was obtained.13. 14. 15. CASE NO.: CACE-20-017305 All inspection reports or other documents that evidence the cause of the damages at issue in the subject claim as determined by you or your representative. RESPONSE: Defendant adopts and incorporates by reference its objections as asserted in Defendant’s response to Plaintiff’s Request No. 2 above. Notwithstanding said objections, see Defendant’s non-privileged and responsive documents and Privilege Log produced in response to Plaintiff’s Request for Production. All applications for insurance submitted by or on behalf of the Insured to you or your representatives in connection with obtaining or renewing the subject Policy. RESPONSE: Defendant objects to this request to the extent that it seeks information that is overbroad in scope and time and not reasonably calculated to lead to the discovery of admissible evidence. See State Farm Fla. Ins. Co. v. Gallmon, 835 So. 2d 389 (Fla. 2d DCA 2003) (holding underwriting files are irrelevant to a first party dispute). In addition, this request seeks information that is entirely irrelevant as there are no underwriting or policy application related defenses that are at issue in this suit. All photographs or videos taken by you or your representative(s) in connection with the initial issuance or renewal of the subject Policy. RESPONSE: Defendant objects to this request to the extent that it seeks information that is overbroad in scope and time and not reasonably calculated to lead to the discovery of admissible evidence. See State Farm Fla. Ins. Co. v. Gallmon, 835 So. 2d 389 (Fla. 2d DCA 2003) (holding underwriting files are irrelevant to a first party dispute). In addition, this request seeks information that is entirely irrelevant as there are no underwriting or policy application related defenses that are at issue in this suit. A current curriculum vitae (CV) or resume for each person retained on your behalf for the purpose of rendering an opinion as to the cause or extent of the subject damage. RESPONSE: Defendant objects to the extent this request seeks discovery of information relating to Defendant’s claim file, claims investigations, claims procedures and/or claims handling practices, which is irrelevant in a first party claim for insurance benefits and/or protected work product. Additionally, to the extent this request seeks a disclosure of Defendant’s consulting experts, Defendant objects pursuant to RuleCASE NO.: CACE-20-017305 1.280(b)(5), Fla. R. Civ. P. 17. All affidavits or sworn statements in your possession pertaining to the subject loss. RESPONSE: No affidavits or sworn statements were obtained for the subject claim; therefore, none. 18. Transcripts of all examinations under oath (EUO) taken by you or your representatives in connection with the subject loss. RESPONSE: No EUO’s were taken for the subject claim; therefore, none. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served via E- portal to David Garcia, Esq., Marin, Eljaiek, Lopez & Martinez P.L.; 2601 South Bayshore Drive, 1s Floor, Coconut Grove, FL 33133; (305) 444-5969; mellaw5@mellawyers.com:eservice@mellawyers.com on this 26" day of January 2021, pursuant to Rule 2.516. COUNSEL FOR HERITAGE PROPERTY AND CASUALTY INSURANCE COMPANY 1571 Sawgrass Corporate Parkway, Suite 400 Sunrise, FL 33323 Office: (954) 315-1450 Ext. 7582 By:_/s/Lizhell R. Lucero LIZBELL R. LUCERO, ESQUIRE Florida Bar No.: 125063 Ilucero@heritagepci.com For service of process, please also include: tparkinson@heritagepci.com: eservice@heritagepci.com