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Filing # 58999141 E-Filed 07/13/2017 05:04:20 PM
IN THE COUNTY COURT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
CASE NO.: 2017-CC-010841-23
ST CLAIR CLARKE and
LITA CLARKE,
Plaintiffs,
vs.
CITIZENS PROPERTY
INSURANCE CORPORATION,
Defendant.
/
PLAINTIFFS’ REQUEST TO PRODUCE TO DEFENDANT
Plaintiffs, ST CLAIR CLARKE and LITA CLARKE, by and through undersigned
counsel, request the Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, to
produce for inspection and copying the following documents, at the offices of the undersigned,
or in the alternative, that Defendant mail copies of the same to the undersigned within the
time prescribed by the Florida Rules of Civil Procedure.
DEFINITION OF TERMS
As used in this Request for Production, the following terms and definitions are intended
to apply:
A. As used herein the term “Plaintiffs, means the Plaintiffs, St Clair Clarke and
Lita Clarke.
B. As used herein the term, “Insurance Company,” means the Defendant
insurance company, including all of its past and present affiliates, subsidiaries, and parent,
and all their respective officers, directors, shareholders, partners, employees, agents,
representatives, attorneys, and any other person acting or purporting to act on any of their
behalf.Cc. When used herein "you" or "your" shall mean the Defendant insurance company,
its partners, agents, servants, employees, attorneys, 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.
D. 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.
E. As used herein "communication" means the transmission, sharing or exchange
of information or knowledge in any form, by one with another.
F. As used herein the term "person" means any individual, corporation, partnership,
joint venture, group, association, body politic, government agency, unit or other organization.
G. 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.H. 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.
INSTRUCTIONS FOR USE
1. All information to be divulged which is in the possession, custody or control of
the individual party, its attorney, investigators, agents, employees or other representatives of
the named party and its attorney. If the party does not physically have a copy of the
documents, but the party has a right to request a copy of the documents from the person or
entity that has a copy of the documents, the party must obtain a copy and produce the
document.
2. If any attorney/client privilege or any other privilege is claimed as to any
document called for by this request, the response shall state the date of the document, the
name and address of the person who prepared it and the person to whom it was directed or
circulated and the name and address of the person now in possession of the document, a
description of the subject matter of the document, and the specific nature of the privilege
claimed with respect to the document.
DOCUMENTS TO BE PRODUCED
1. Copy of the insurance policy, certified as true and accurate as of the date of loss.
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.
3. Any and all photographs or video reproductions of the insured property which is the
subject matter of this litigation.10.
11.
12.
13.
14.
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.
Any and all statements, in whatever format or media, and transcripts of all statements,
given by the Plaintiffs to the Insurance Company.
Copies of any and all investigative reports by any person or organization regarding the
loss, made prior to the filing of the lawsuit.
Any and all expert reports pertaining to the cause of the subject loss.
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.
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.
The underwriting file pertaining to the subject risk and the subject policy of insurance to
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.
Any materials, documents or tangible things obtained as the "agency file" or agent's file.
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.
All estimates of loss pertaining to real or personal property of the Plaintiffs.
Copies of any diagrams, models, drawings, sketches, blueprints or any other15.
16.
17.
18.
19.
20.
21,
22.
23.
reproduction of the subject risk made before or after the subject loss.
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.
Copies of any and all Proof of Loss forms with supporting documents, if any.
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.
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.
Any and all written communication between the Insurance Company and any third party
concerning the processing of the Plaintiffs’ insurance claim.
All investigative reports concerning the Plaintiffs’ insurance claim and all written
communications between the Insurance Company and any third party concerning said
report(s).
All inter-office memoranda or other form of written communication of any employee of
the Insurance Company concerning any portion of the Plaintiffs’ claim.
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.
Any and all property underwriting manuals which, in any way, pertain to methods, rules,24.
25.
26.
processes, procedures or practices of the Insurance Company regarding underwriting of
Plaintiffs’ insurance.
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.
Copies of all payments, in whatever form or media, made to or on behalf of Plaintiffs.
All transcripts of examination(s) under oath taken in connection with the Plaintiffs’
insurance claim which is the subject of the Complaint.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via Email,
pursuant to Rule 2.516(b)(1) to: Josie Farinelli, Esq., GOEDE, ADAMCZYK, DEBOEST &
CROSS, PLLC, via transmission of Notice of Electronic Filing generated by
eservice@myficourtaccess.com and/or was sent by electronic mail to the above addressees, July
13, 2017.
ARNESEN WEBB, P.A.
Attorneys for Plaintiffs
900 North Federal Highway, Ste. 280
Boca Raton, FL 33432
Telephone: (561)-757-6000
Facsimile: (877)-241-2411
jay@insurancelawyers.orq
paris@insurancelawyers.org
eservice@insurancelawyers.org
By. /s/ Jay M. Arnesen
JAY M. ARNESEN
Florida Bar No.: 104344
PARIS R. WEBB
Florida Bar No.: 713074
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Filing # 58999141 E-Filed 07/13/2017 05:04:20 PM IN THE COUNTY COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO.: 2017-CC-010841-23 ST CLAIR CLARKE and LITA CLARKE, Plaintiffs, vs. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. / PLAINTIFFS’ REQUEST TO PRODUCE TO DEFENDANT Plaintiffs, ST CLAIR CLARKE and LITA CLARKE, by and through undersigned counsel, request the Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, to produce for inspection and copying the following documents, at the offices of the undersigned, or in the alternative, that Defendant mail copies of the same to the undersigned within the time prescribed by the Florida Rules of Civil Procedure. DEFINITION OF TERMS As used in this Request for Production, the following terms and definitions are intended to apply: A. As used herein the term “Plaintiffs, means the Plaintiffs, St Clair Clarke and Lita Clarke. B. As used herein the term, “Insurance Company,” means the Defendant insurance company, including all of its past and present affiliates, subsidiaries, and parent, and all their respective officers, directors, shareholders, partners, employees, agents, representatives, attorneys, and any other person acting or purporting to act on any of their behalf.Cc. When used herein "you" or "your" shall mean the Defendant insurance company, its partners, agents, servants, employees, attorneys, 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. D. 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. E. As used herein "communication" means the transmission, sharing or exchange of information or knowledge in any form, by one with another. F. As used herein the term "person" means any individual, corporation, partnership, joint venture, group, association, body politic, government agency, unit or other organization. G. 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.H. 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. INSTRUCTIONS FOR USE 1. All information to be divulged which is in the possession, custody or control of the individual party, its attorney, investigators, agents, employees or other representatives of the named party and its attorney. If the party does not physically have a copy of the documents, but the party has a right to request a copy of the documents from the person or entity that has a copy of the documents, the party must obtain a copy and produce the document. 2. If any attorney/client privilege or any other privilege is claimed as to any document called for by this request, the response shall state the date of the document, the name and address of the person who prepared it and the person to whom it was directed or circulated and the name and address of the person now in possession of the document, a description of the subject matter of the document, and the specific nature of the privilege claimed with respect to the document. DOCUMENTS TO BE PRODUCED 1. Copy of the insurance policy, certified as true and accurate as of the date of loss. 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. 3. Any and all photographs or video reproductions of the insured property which is the subject matter of this litigation.10. 11. 12. 13. 14. 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. Any and all statements, in whatever format or media, and transcripts of all statements, given by the Plaintiffs to the Insurance Company. Copies of any and all investigative reports by any person or organization regarding the loss, made prior to the filing of the lawsuit. Any and all expert reports pertaining to the cause of the subject loss. 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. 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. The underwriting file pertaining to the subject risk and the subject policy of insurance to 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. Any materials, documents or tangible things obtained as the "agency file" or agent's file. 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. All estimates of loss pertaining to real or personal property of the Plaintiffs. Copies of any diagrams, models, drawings, sketches, blueprints or any other15. 16. 17. 18. 19. 20. 21, 22. 23. reproduction of the subject risk made before or after the subject loss. 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. Copies of any and all Proof of Loss forms with supporting documents, if any. 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. 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. Any and all written communication between the Insurance Company and any third party concerning the processing of the Plaintiffs’ insurance claim. All investigative reports concerning the Plaintiffs’ insurance claim and all written communications between the Insurance Company and any third party concerning said report(s). All inter-office memoranda or other form of written communication of any employee of the Insurance Company concerning any portion of the Plaintiffs’ claim. 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. Any and all property underwriting manuals which, in any way, pertain to methods, rules,24. 25. 26. processes, procedures or practices of the Insurance Company regarding underwriting of Plaintiffs’ insurance. 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. Copies of all payments, in whatever form or media, made to or on behalf of Plaintiffs. All transcripts of examination(s) under oath taken in connection with the Plaintiffs’ insurance claim which is the subject of the Complaint. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via Email, pursuant to Rule 2.516(b)(1) to: Josie Farinelli, Esq., GOEDE, ADAMCZYK, DEBOEST & CROSS, PLLC, via transmission of Notice of Electronic Filing generated by eservice@myficourtaccess.com and/or was sent by electronic mail to the above addressees, July 13, 2017. ARNESEN WEBB, P.A. Attorneys for Plaintiffs 900 North Federal Highway, Ste. 280 Boca Raton, FL 33432 Telephone: (561)-757-6000 Facsimile: (877)-241-2411 jay@insurancelawyers.orq paris@insurancelawyers.org eservice@insurancelawyers.org By. /s/ Jay M. Arnesen JAY M. ARNESEN Florida Bar No.: 104344 PARIS R. WEBB Florida Bar No.: 713074