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Filing # 60269187 E-Filed 08/11/2017 09:45:26 AM
IN THE COUNTY COURT
IN AND FOR MIAMI-DADE COUNTY, FLORIDA
ST CLAIR CLARKE and LITA CLARKE,
Plaintiff, CASE NO.: 2017-010841-CC-23
v.
CITIZENS PROPERTY INSURANCE
CORPORATION,
Defendant.
/
DEFENDANT’S NOTICE OF PRODUCTION AND/OR OBJECTIONS
TO PLAINTIFFS’ FIRST REQUEST FOR PRODUCTION OF DOCUMENTS
Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, by and through
undersigned counsel, gives the Court notice of production and/or objections in response to
Plaintiff’ s First Request for Production of Documents, and states
1 Copy of the insurance policy, certified as true and accurate as of the date of loss.
Response: See the accompanying production set for the requested policy number
00210826.
2. Any and all correspondence between the Plaintiffs, including persons acting on behalf
of Plaintiffs, and the Insurance Company, including its agents, regarding the subject matter of
the instant litigation
Response: Citizens objects to the extent that this request is vague, overbroad in
scope, and seeks documents that are irrelevant and/or work product in nature.
Without waiving said objection, see documents in accompanying production set.
3. Any and all photographs or video reproductions of the insured property which is the
subject matter of this litigation.
Response: Citizens objects to the extent that this request is vague, overbroad in
scope, and seeks documents that are irrelevant and/or work product in nature.
Without waiving said objection, see photographs in accompanying production set.
4 Any and all statements, in whatever form or media, taken by the Insurance Company
regarding the loss which is the subject matter of this litigation.5.
Any and all statements, in whatever format or media, and transcripts of all statements,
given by the Plaintiffs to the Insurance Company
6
Response: See recorded statement of St. Clair Clarke (Insured) which will be
made available alongside Defendant’s accompanying production set.
Copies of any and all investigative reports by any person or organization regarding the
loss, made prior to the filing of the lawsuit.
8
Response: Citizens objects to the extent that this request is vague, overbroad in
scope, and seeks documents that are irrelevant and/or work product in nature.
Citizens further objects to the extent that the request seeks information that is not
required yet to be disclosed on this matter or seeks information that is designed to
reveal the mental impressions of the undersigned attorney. Without waiving said
objection, see documents in accompanying production set.
Any and all expert reports pertaining to the cause of the subject loss.
Response: Citizens objects to this request as it is not yet required to disclose any
expert in this case. Citizens will comply with any future order regarding such
disclosure. Without waiving said objections, Citizens did not engage any experts
in investigating the subject claim.
All inter-office memoranda or other form of written communication of any employee
of the Insurance Company relating to the continued processing of the insurance claim made
prior to the filing of the lawsuit
9.
Response: Citizens objects to the extent that this request is vague, overbroad in
scope, and seeks documents that are irrelevant and/or work product in nature.
Any materials, documents or tangible things provided to the Insurance Company or its
agents by the Plaintiff, or persons acting on behalf of Plaintiffs, following the loss.
10.
Response: Citizens objects to the extent that this request is vague, overbroad in
scope, and seeks documents that are irrelevant and/or work product in nature.
Without waiving said objection, see documents in accompanying production set.
The underwriting file pertaining to the subject risk and the subject policy of insuranceto the present time, including but not limited to the file folder or file folders themselves,
exhibit folder, all papers, documents and investigative reports directly pertaining to the
aforementioned insurance policy of the subject risk, including but not limited to inter-office
memoranda or those pertaining to the above-mentioned policy of insurance or any and all
written communications or statements made between the Insurance Company and other parties,
which directly pertain to the subject policy of insurance to the Plaintiffs.
Response: Citizens objects to the extent that this request is vague, overbroad in
scope, and seeks documents that are irrelevant and/or work product in nature.
Without waiving said objection, see documents in accompanying production set.
11 Any materials, documents or tangible things obtained as the "agency file" or agent's
file.
Response: Citizens objects to the extent that this request is vague, overbroad in
scope, and seeks documents that are irrelevant and/or work product in nature.
12. All appraisals of loss or value of loss prepared by, for, or on behalf of the Insurance
Company regarding the subject loss of the Plaintiffs.
Response: N/A.
13 All estimates of loss pertaining to real or personal property of the Plaintiffs.
Response: Citizens objects to the extent that this request is vague, overbroad in
scope, and seeks documents that are irrelevant and/or work product in nature.
14. Copies of any diagrams, models, drawings, sketches, blueprints or any other
reproduction of the subject risk made before or after the subject loss.
Response: Citizens objects to the extent that this request is vague, overbroad in
scope, and seeks documents that are irrelevant and/or work product in nature.
Without waiving said objection, see documents in accompanying production set.
15. Copies of any and all property claims manuals of the Insurance Company which in any
way pertain to the handling of property losses and any manuals or portions thereof which
would pertain to the methods, procedures and practices of the Insurance Company regarding
the handling of the Plaintiffs’ insurance claim with the Insurance Company
Response: Citizens objects to the extent that this request is vague, overbroad inscope, and seeks documents that are irrelevant and/or work product in nature.
16. Copies of any and all Proof of Loss forms with supporting documents, if any.
Response: N/A.
17. The complete claims file pertaining to the claims of the Plaintiffs from the date of the
loss to the time of the filing of the lawsuit. If any portion of the claims file is withheld under a
claim of privilege, produce a detailed privilege log containing sufficient information to identify
each document or item withheld and the privilege claimed with respect to each document or
item withheld.
Response: Citizens objects to the extent that this request is vague, overbroad in
scope, and seeks documents that are irrelevant and/or work product in nature.
18. Any and all inter-office memoranda or other forms of written communication of any
employee of the Insurance Company relating to the initial processing of the Plaintiffs’
insurance claim when the Insurance Company first received said claim
Response: Citizens objects to the extent that this request is vague, overbroad in
scope, and seeks documents that are irrelevant and/or work product in nature.
19. Any and all written communication between the Insurance Company and any third
party concerning the processing of the Plaintiffs’ insurance claim
Response: Citizens objects to the extent that this request is vague, overbroad in
scope, and seeks documents that are irrelevant and/or work product in nature.
Without waiving said objection, see documents in accompanying production set.
20. All investigative reports concerning the Plaintiffs’ insurance claim and all written
communications between the Insurance Company and any third party concerning said
report(s).
Response: Citizens objects to this request as it is not yet required to disclose any
expert in this case. Citizens will comply with any future order regarding such
disclosure. Without waiving said objections, Citizens did not engage any third
parties to prepare reports in investigating the subject claim.
21 All inter-office memoranda or other form of written communication of any employeeof the Insurance Company concerning any portion of the Plaintiffs’ claim.
Response: Citizens objects to the extent that this request is vague, overbroad in
scope, and seeks documents that are irrelevant and/or work product in nature.
22. All investigative reports of the Insurance Company concerning the Plaintiffs, taken by
or on behalf of the Insurance Company, concerning any portion of Plaintiffs’ claim.
Response: Citizens objects to the extent that this request is vague, overbroad in
scope, and seeks documents that are irrelevant and/or work product in nature.
23 Any and all property underwriting manuals which, in any way, pertain to methods,
tules, processes, procedures or practices of the Insurance Company regarding underwriting of
Plaintiffs’ insurance.
Response: Citizens objects to the extent that this request is vague, overbroad in
scope, and seeks documents that are irrelevant and/or work product in nature.
24. Any and all materials received from the Plaintiffs, or persons acting on behalf of
Plaintiffs, regarding the subject matter of the instant litigation that has not been produced in
response to any other Request to Produce from Plaintiffs.
Response: Citizens objects to the extent that this request is vague, overbroad in
scope, and seeks documents that are irrelevant and/or work product in nature.
Without waiving said objection, see documents in accompanying production set.
25. Copies of all payments, in whatever form or media, made to or on behalf of Plaintiffs
Response: N/A.
26. All transcripts of examination(s) under oath taken in connection with the Plaintiffs’
insurance claim which is the subject of the Complaint.
Response: N/A.
to the extent that this request is vague, overbroad in scope, and seeks documents
that are irrelevant and/or work product in nature.
Certificate of Service is included on the following page.CERTIFICATE OF SERVICE
I certify that on the 11th day of August, 2017, I electronically filed the foregoing with
the Florida Courts E-Filing Portal which will send notice of the electronic filing and the
foregoing to:
Arnesen Webb, P.A.
900 North Federal Highway,
Ste. 280
Boca Raton, Florida 33432
jay@insurancelawyers.org
paris@insurancelawyers.org
eservice@insurancelawyers.org
GOEDE, ADAMCZYK, DEBOEST,
& CROSS, PLLC
/s/ Josephine R. Farinelli
Josephine R. Farinelli, Esq.
Florida Bar Number 123541
Harris B. Katz, Esq.
Florida Bar Number 2331
2600 Douglas Road, Ste 717
Coral Gables, FL 33134
Phone - (786) 294-6002
Fax — (305) 503-9551
Counsel for Citizens Prop. Ins. Co
jfarinelli@gadclaw.com
mzavala@gadclaw.comIN THE COUNTY COURT
IN AND FOR MIAMI-DADE COUNTY, FLORIDA
ST CLAIR CLARKE,
Plaintiff, CASE NO.: 2017-010841-CC-23
v.
CITIZENS PROPERTY INSURANCE
CORPORATION,
Defendant.
/
DEFENDANT, CITIZENS PROPERTY INSURANCE CORPORATION’S,
PRIVILEGE LOG FOR ITS RESPONSES TO PLAINTIFF’S FIRST REQUEST FOR
PRODUCTION
DATE |TO I FROM DESCRIPTION PRIVILEGE
Various Internal Claim Notes Florida Case Law
Internal Correspondence Governing First Party
Investigations Discovery &
Subject Claim File Work Product Doctrine
ISO Report
5/26/2017 Internal Photographs with Adjuster’s Work Product Doctrine
Comments
Preview
Filing # 60269187 E-Filed 08/11/2017 09:45:26 AM IN THE COUNTY COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA ST CLAIR CLARKE and LITA CLARKE, Plaintiff, CASE NO.: 2017-010841-CC-23 v. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. / DEFENDANT’S NOTICE OF PRODUCTION AND/OR OBJECTIONS TO PLAINTIFFS’ FIRST REQUEST FOR PRODUCTION OF DOCUMENTS Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, by and through undersigned counsel, gives the Court notice of production and/or objections in response to Plaintiff’ s First Request for Production of Documents, and states 1 Copy of the insurance policy, certified as true and accurate as of the date of loss. Response: See the accompanying production set for the requested policy number 00210826. 2. Any and all correspondence between the Plaintiffs, including persons acting on behalf of Plaintiffs, and the Insurance Company, including its agents, regarding the subject matter of the instant litigation Response: Citizens objects to the extent that this request is vague, overbroad in scope, and seeks documents that are irrelevant and/or work product in nature. Without waiving said objection, see documents in accompanying production set. 3. Any and all photographs or video reproductions of the insured property which is the subject matter of this litigation. Response: Citizens objects to the extent that this request is vague, overbroad in scope, and seeks documents that are irrelevant and/or work product in nature. Without waiving said objection, see photographs in accompanying production set. 4 Any and all statements, in whatever form or media, taken by the Insurance Company regarding the loss which is the subject matter of this litigation.5. Any and all statements, in whatever format or media, and transcripts of all statements, given by the Plaintiffs to the Insurance Company 6 Response: See recorded statement of St. Clair Clarke (Insured) which will be made available alongside Defendant’s accompanying production set. Copies of any and all investigative reports by any person or organization regarding the loss, made prior to the filing of the lawsuit. 8 Response: Citizens objects to the extent that this request is vague, overbroad in scope, and seeks documents that are irrelevant and/or work product in nature. Citizens further objects to the extent that the request seeks information that is not required yet to be disclosed on this matter or seeks information that is designed to reveal the mental impressions of the undersigned attorney. Without waiving said objection, see documents in accompanying production set. Any and all expert reports pertaining to the cause of the subject loss. Response: Citizens objects to this request as it is not yet required to disclose any expert in this case. Citizens will comply with any future order regarding such disclosure. Without waiving said objections, Citizens did not engage any experts in investigating the subject claim. All inter-office memoranda or other form of written communication of any employee of the Insurance Company relating to the continued processing of the insurance claim made prior to the filing of the lawsuit 9. Response: Citizens objects to the extent that this request is vague, overbroad in scope, and seeks documents that are irrelevant and/or work product in nature. Any materials, documents or tangible things provided to the Insurance Company or its agents by the Plaintiff, or persons acting on behalf of Plaintiffs, following the loss. 10. Response: Citizens objects to the extent that this request is vague, overbroad in scope, and seeks documents that are irrelevant and/or work product in nature. Without waiving said objection, see documents in accompanying production set. The underwriting file pertaining to the subject risk and the subject policy of insuranceto the present time, including but not limited to the file folder or file folders themselves, exhibit folder, all papers, documents and investigative reports directly pertaining to the aforementioned insurance policy of the subject risk, including but not limited to inter-office memoranda or those pertaining to the above-mentioned policy of insurance or any and all written communications or statements made between the Insurance Company and other parties, which directly pertain to the subject policy of insurance to the Plaintiffs. Response: Citizens objects to the extent that this request is vague, overbroad in scope, and seeks documents that are irrelevant and/or work product in nature. Without waiving said objection, see documents in accompanying production set. 11 Any materials, documents or tangible things obtained as the "agency file" or agent's file. Response: Citizens objects to the extent that this request is vague, overbroad in scope, and seeks documents that are irrelevant and/or work product in nature. 12. All appraisals of loss or value of loss prepared by, for, or on behalf of the Insurance Company regarding the subject loss of the Plaintiffs. Response: N/A. 13 All estimates of loss pertaining to real or personal property of the Plaintiffs. Response: Citizens objects to the extent that this request is vague, overbroad in scope, and seeks documents that are irrelevant and/or work product in nature. 14. Copies of any diagrams, models, drawings, sketches, blueprints or any other reproduction of the subject risk made before or after the subject loss. Response: Citizens objects to the extent that this request is vague, overbroad in scope, and seeks documents that are irrelevant and/or work product in nature. Without waiving said objection, see documents in accompanying production set. 15. Copies of any and all property claims manuals of the Insurance Company which in any way pertain to the handling of property losses and any manuals or portions thereof which would pertain to the methods, procedures and practices of the Insurance Company regarding the handling of the Plaintiffs’ insurance claim with the Insurance Company Response: Citizens objects to the extent that this request is vague, overbroad inscope, and seeks documents that are irrelevant and/or work product in nature. 16. Copies of any and all Proof of Loss forms with supporting documents, if any. Response: N/A. 17. The complete claims file pertaining to the claims of the Plaintiffs from the date of the loss to the time of the filing of the lawsuit. If any portion of the claims file is withheld under a claim of privilege, produce a detailed privilege log containing sufficient information to identify each document or item withheld and the privilege claimed with respect to each document or item withheld. Response: Citizens objects to the extent that this request is vague, overbroad in scope, and seeks documents that are irrelevant and/or work product in nature. 18. Any and all inter-office memoranda or other forms of written communication of any employee of the Insurance Company relating to the initial processing of the Plaintiffs’ insurance claim when the Insurance Company first received said claim Response: Citizens objects to the extent that this request is vague, overbroad in scope, and seeks documents that are irrelevant and/or work product in nature. 19. Any and all written communication between the Insurance Company and any third party concerning the processing of the Plaintiffs’ insurance claim Response: Citizens objects to the extent that this request is vague, overbroad in scope, and seeks documents that are irrelevant and/or work product in nature. Without waiving said objection, see documents in accompanying production set. 20. All investigative reports concerning the Plaintiffs’ insurance claim and all written communications between the Insurance Company and any third party concerning said report(s). Response: Citizens objects to this request as it is not yet required to disclose any expert in this case. Citizens will comply with any future order regarding such disclosure. Without waiving said objections, Citizens did not engage any third parties to prepare reports in investigating the subject claim. 21 All inter-office memoranda or other form of written communication of any employeeof the Insurance Company concerning any portion of the Plaintiffs’ claim. Response: Citizens objects to the extent that this request is vague, overbroad in scope, and seeks documents that are irrelevant and/or work product in nature. 22. All investigative reports of the Insurance Company concerning the Plaintiffs, taken by or on behalf of the Insurance Company, concerning any portion of Plaintiffs’ claim. Response: Citizens objects to the extent that this request is vague, overbroad in scope, and seeks documents that are irrelevant and/or work product in nature. 23 Any and all property underwriting manuals which, in any way, pertain to methods, tules, processes, procedures or practices of the Insurance Company regarding underwriting of Plaintiffs’ insurance. Response: Citizens objects to the extent that this request is vague, overbroad in scope, and seeks documents that are irrelevant and/or work product in nature. 24. Any and all materials received from the Plaintiffs, or persons acting on behalf of Plaintiffs, regarding the subject matter of the instant litigation that has not been produced in response to any other Request to Produce from Plaintiffs. Response: Citizens objects to the extent that this request is vague, overbroad in scope, and seeks documents that are irrelevant and/or work product in nature. Without waiving said objection, see documents in accompanying production set. 25. Copies of all payments, in whatever form or media, made to or on behalf of Plaintiffs Response: N/A. 26. All transcripts of examination(s) under oath taken in connection with the Plaintiffs’ insurance claim which is the subject of the Complaint. Response: N/A. to the extent that this request is vague, overbroad in scope, and seeks documents that are irrelevant and/or work product in nature. Certificate of Service is included on the following page.CERTIFICATE OF SERVICE I certify that on the 11th day of August, 2017, I electronically filed the foregoing with the Florida Courts E-Filing Portal which will send notice of the electronic filing and the foregoing to: Arnesen Webb, P.A. 900 North Federal Highway, Ste. 280 Boca Raton, Florida 33432 jay@insurancelawyers.org paris@insurancelawyers.org eservice@insurancelawyers.org GOEDE, ADAMCZYK, DEBOEST, & CROSS, PLLC /s/ Josephine R. Farinelli Josephine R. Farinelli, Esq. Florida Bar Number 123541 Harris B. Katz, Esq. Florida Bar Number 2331 2600 Douglas Road, Ste 717 Coral Gables, FL 33134 Phone - (786) 294-6002 Fax — (305) 503-9551 Counsel for Citizens Prop. Ins. Co jfarinelli@gadclaw.com mzavala@gadclaw.comIN THE COUNTY COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA ST CLAIR CLARKE, Plaintiff, CASE NO.: 2017-010841-CC-23 v. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. / DEFENDANT, CITIZENS PROPERTY INSURANCE CORPORATION’S, PRIVILEGE LOG FOR ITS RESPONSES TO PLAINTIFF’S FIRST REQUEST FOR PRODUCTION DATE |TO I FROM DESCRIPTION PRIVILEGE Various Internal Claim Notes Florida Case Law Internal Correspondence Governing First Party Investigations Discovery & Subject Claim File Work Product Doctrine ISO Report 5/26/2017 Internal Photographs with Adjuster’s Work Product Doctrine Comments