Preview
Filing # 68552990 E-Filed 02/27/2018 05:18:01 PM
IN THE CIRCUIT COURT OF THE
41™ JUDICIAL CIRCUIT IN AND FOR
MIAMI DADE COUNTY, FLORIDA
CASE NO.: 2017-010921-CA 01
Consolidated with 2017-008138 CA 01
EDUARDO ROJAS A/A/O HARBOR 29
CONDOMINIUM ASSOC., INC.,
Plaintiff,
ve
ASPEN SPECIALTY INSURANCE
COMPANY,
DEFENDANTS’ RESPONSES TO PLAINTIFF'S
FIRST REQUEST FOR PRODUCTION
Pursuant to Florida Rule of Civil Procedure 1.350, Defendants, ASPEN
SPECIALTY INSURANCE COMPANY (“ASPEN”), hereby files its Responses to
Plaintiff's First Request for Production served with the Complaint, as follows:
1. All policies of insurance to which the Plaintiff is a named insured or additional
payee, together with any declaration of coverage pages, and any additional
addendums thereto.
RESPONSE: There are no policies of insurance to which Eduardo Rojas is a
named insured or additional payee. However, the policy issued to the assignor,
Harbor 29 Condominium Association, Inc. is attached.
2. Any and all correspondence to or from any attorney representing the Plaintiff,
and any and all documents attached to said correspondence, pertaining to
Plaintiff's insurance claims with Defendant, including but not limited to Claim
Number PB 15 7001 7884.
RESPONSE: None.
BERK, MERCHANT |8/ Sims
2 Alhambra Plaza, Suite 700 ¢ CORAL GABLES, FLORIDA 33134 ® PHONE: 786.338.2900 # FAX: 786.338.2888Edwardo Rojas a/a/o Harbor 29 Condo. v. Aspen Specialty Ins.
Case No. 2017-010921 CA 01
Page 2 of 6
Any and all correspondence to or from any public adjuster representing the
Plaintiff, and any and all documents attached to said correspondence, pertaining
to Plaintiff's insurance claims with Defendant, including but not limited to Claim
Number PB1570017884.
RESPONSE: No correspondence was sent to or received from any public
adjuster representing Eduardo Rojas. See correspondence sent to and received
from the public adjuster representing the insured, Harbor 29 Condominium
Association, Inc.
Any and all correspondence to or from the Plaintiff, and any and all documents
attached to said correspondence, pertaining to Plaintiff's insurance claims with
Defendant, including but not limited to Claim Number PB1570017884.
RESPONSE: No correspondence was sent to or received from Eduardo Rojas.
See correspondence sent to and received from the insured, Harbor 29
Condominium Association, Inc.
Any and all documents of whatever nature and kind submitted by the Plaintiff
and/ or his/her agents, public adjusters and/ or attorneys, etc., to the Defendant,
its agents, servants and/ or employees in regard to the subject loss.
RESPONSE: None.
Any and all documents which Defendant considered or relied upon in determining
the benefits due or not due to Plaintiff in regards to the claims made.
RESPONSE: Attached.
Any and all photographs, recordings, charts, graphs, sketches and any other
tangible items or documentary evidence relating to the Plaintiffs' insurance claims
with Defendant, including but not limited to Claim Number PB1570017884.
RESPONSE: Attached.
Any and all photographs, recordings, charts, graphs, sketches and any other
tangible items or documentary evidence which Defendant intends to use during
BERK, MERCHANT |&|S1Ms
2 ALHAMBRA PLAZA, SUITE 700 # CORAL GABLES, FLORIDA 33134 @PHONE: 786.338.2900 » Fax: 786.338.288810.
Edwardo Rojas a/a/o Harbor 29 Condo. v. Aspen Specialty Ins.
Case No. 2017-010921 CA 01
Page 3 of 6
the trial in this cause and which have not been produced in response to any of
the preceding paragraphs.
RESPONSE: Unknown at this time.
Copy of the Defendant's entire claim file, including front and back cover, for the
Plaintiffs claim number PB1570017884 as it is kept in the normal course of
business, excluding any documents to which Defendant claims a privilege. ALL
DOCUMENTS FOR WHICH DEFENDANT ALLEGES A PRIVILEGE SHALL BE
LISTED IN THE MANNER DESCRIBED IN F.R.C.P.1.350.
RESPONSE: Defendant objects to this request to the extent that it seeks the
production of materials that are protected by the work-product doctrine.
Defendant further objects to this request to the extent that it seeks the production
of materials that are irrelevant to and not reasonably calculated to lead to the
discovery of admissible evidence in this first-party action for breach of contract.
Under Florida law, Plaintiff is not entitled to the discovery of Defendant's claim
file materials because an insurer's investigation of a claim, along with the claim
file thereby created, are irrelevant and protected from disclosure in a first-party
action where the issue of coverage has yet to be resolved and damages have yet
to be determined. See United Auto, ins. Co. v. Riverside Med. Assocs., 159 So.
3d 285 (Fla. 4th DCA 2015); State Farm Mut, Auto. Ins. Co. v. Tranchese, 49 So.
3d 809, 810 (Fla. 4th DCA 2010); Nationwide Ins. Co. v. Demmo, 57 So. 3d 982
(Fla. 2d DCA 2011); See also State Farm Fire and Casualty Co. v. Valido, 662
So.2d 1012, 1013 (Fla. 3d DCA 1995); General Star Indem. Co. v. Atl, Hospitality
of Fla., LLC, 93 So. 3d 501 (Fla. 3d DCA 2012); Castle Key Ins, Co. v. Benitez,
124 So. 3d 379 (Fla. 3d DCA 2013); State Farm Fla. Ins. Co. v, Aloni, 101 So. 3d
412 (Fla. 4th DCA 2012); State Farm Fla. Ins. Co. v. Desai, 106 So. 3d 5, 6 (Fla.
3d DCA 2013).
The Defendant's entire claim file up from the date of the initial notice of the loss
until the day before the Defendants knew that Defendant was going to deny or
litigate the claim.
RESPONSE: Defendant objects to this request to the extent that it seeks the
production of materials that are protected by the work-product doctrine.
Defendant further objects to this request to the extent that it seeks the production
of materials that are irrelevant to and not reasonably calculated to lead to the
discovery of admissible evidence in this first-party action for breach of contract.
Under Florida law, Plaintiff is not entitled to the discovery of Defendant's claim
file materials because an insurer’s investigation of a claim, along with the claim
BERK, MERCHANT [se SIMS
2 ALHAMBRA PLAZA, SUITE 700 © CORAL GABLES, FLORIDA 33134 ®PHONE: 786.338.2900 ¢ FAX: 786.338.288811.
12,
13.
14,
Edwardo Rojas a/a/o Harbor 29 Condo. v. Aspen Specialty Ins.
Case No. 2017-010921 CA 01
Page 4 of 6
file thereby created, are irrelevant and protected from disclosure in a first-party
action where the issue of coverage has yet to be resolved and damages have yet
to be determined. See United Auto. Ins. Co. v. Riverside Med. Assocs., 159 So.
3d 285 (Fla. 4th DCA 2015); State Farm Mut, Auto. ins, Co. v. Tranchese, 49 So.
3d 809, 810 (Fla. 4th DCA 2010); Nationwide ins. Co. v. Demmo, 57 So. 3d 982
(Fla. 2d DCA 2011); See also State Farm Fire and Casualty Co. v. Valide, 662
S0.2d 1012, 1013 (Fla. 3d DCA 1995); General Star Indem. Co. v. Atl. Hospitality
of Fla., LLC, 93 So. 3d 501 (Fla. 3d DCA 2012); Castle Key Ins. Co. v. Benitez,
124 So. 3d 379 (Fla. 3d DCA 2013); State Farm Fla. ins. Co. v. Alon}, 101 So. 3d
412 (Fla. 4th DCA 2012); State Farm Fia. Ins. Go. v. Desai, 106 So. 3d 5, 6 (Fla.
3d DCA 2013).
Any and all documents relating to or supporting Defendant's denial of any
allegation of Plaintiff's complaint, and relating to or supporting each affirmative or
general defense asserted by Defendant.
RESPONSE: Attached.
Any and all statements, whether written, oral or recorded in whatever fashion,
including transcripts thereof or electronic recordings of same, taken of any or all
witnesses or other persons by the Defendant or its agents, with regard to the
subject matter of this lawsuit.
RESPONSE: None.
A list and/ or documents showing the names, addresses and telephone numbers
of any and all witnesses whose statements have been taken, indicating their full
legal name, residential address, business address and telephone number, in
regard to the subject matter of this litigation.
RESPONSE: None.
Any and all documents by and between the Defendant and its investigators,
insurance adjusters and appraisers relating to the subject matter of the
Complaint.
RESPONSE: Defendant objects to this request to the extent that it seeks the
production of materials that are protected by the work-product doctrine.
BERK, MERCHANT |&|SIMS
2 ALHAMBRA PLAZA, SUITE 700 # CORAL GABLES, FLORIDA 33134 ®PHONE: 786.338.2900 # Fax: 786.338.288815.
16.
17.
Edwardo Rojas a/a/o Harbor 29 Condo. v. Aspen Specialty Ins.
Case No. 2017-010921 CA 01
Page 5 of 6
Defendant further objects to this request to the extent that it seeks the production
of materials that are irrelevant to and not reasonably calculated to lead to the
discovery of admissible evidence in this first-party action for breach of contract.
Under Florida law, Plaintiff is not entitled to the discovery of Defendant's claim
file materials because an insurer's investigation of a claim, along with the claim
file thereby created, are irrelevant and protected from disclosure in a first-party
action where the issue of coverage has yet to be resolved and damages have yet
to be determined. See United Auto. Ins. Co. v. Riverside Med. Assacs., 159 So.
3d 285 (Fla. 4th DCA 2015); State Fann Mut. Auto. ins. Co. v. Tranchese, 49 So.
3d 809, 810 (Fla. 4th DCA 2010); Nationwide ins. Co. v. Demme, 57 So. 3d 982
(Fla. 2d DCA 2011); See also State Farm Fire and Casualty Co. v. Valido, 662
So.2d 1012, 1013 (Fla. 3d DCA 1995); General Star Indem. Co. v. All. Hospitality
of Fla,, LLC, 93 So. 3d 501 (Fla. 3d DCA 2012); Castle Key ins. Co. v. Benitez,
124 So. 3d 379 (Fla. 3d DCA 2013); State Farm Fla. ins. Cov. Aloni, 101 So. 3d
412 (Fla. 4th DCA 2012); State Farm Fla. Ins. Co. v. Desai, 106 So. 3d 5, 6 (Fla.
3d DCA 2013).
Any and all expert reports including but not limited to reports regarding cause
and origin, estimates for repair and/ or replacement, damage to the Plaintiff's
property in question, or any other subject matter concerning this litigation
prepared by any experts who may be, or will be, utilized at the time of trial on
behalf of the Defendant.
RESPONSE: None at this time.
Copies of any and all sworn Proofs of Loss submitted by or on behalf of the
Plaintiffs relative to the subject claim and documentation accepting and/ or
rejecting said Proofs of Loss and, any and all documentation of any kind or
nature relied upon relative to the Defendant's acceptance or rejection of said
Proofs of Loss.
RESPONSE: None.
Any and all documentation or other tangible evidence which Defendant contends
supports its claim that all conditions precedent to bringing this action have not
been met (if applicable).
RESPONSE: Attached.
BERK, MERCHANT |é
2 ALHAMBRA PLAZA, SUITE 700 # CORAL GABLES, FLORIDA 33134 #PHONE: 786.338.2900 # FAX: 786.338.2888Edwardo Rojas a/a/o Harbor 29 Condo. v. Aspen Specialty Ins.
Case No. 2017-010921 CA 01
Page 6 of 6
18. A copy of any and all reports by any general contractor, roofer, electrician, or
other construction personnel hired by the Defendant to examine and/ or evaluate
any of the claims asserted by the Plaintiff.
RESPONSE: None.
Respectfully submitted,
BERK, MERCHANT & SIMS, PLC.
/siSteven J. Getman
William S. Berk
Florida Bar No.: 349828
whberk@berklawfirm.com
joseph@berklawfirm.com
Steven J. Getman
Florida Bar No.: 67198
Sgetman@berklawfirm.com
msoler-rodriquez@berklawfirm.com
2 Alhambra Plaza, Suite 700
Coral Gables, Florida 33134
Telephone: (786) 338-2900
Facsimile: (786) 338-2888
Counsel for Defendant
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the foregoing was served via
email on February 27, 2018 to:
ALEX STERN, ESQ.
LITIGATION & RECOVERY LAW CENTER, PL
16375 NE 18" Avenue, Suite 321
North Miami Beach, Florida 33162
Tel: 305-760-2314
Fax: 305-760-2498
Service: _service@lossiitigators.com
Jessica@losslitigators.com
Alex@losslitigators.com
Counsel for Plaintiff
/siSteven J. Getman
Steven J. Getman
BERK, MERCHANT lee Sims
2 ALHAMBRA PLAZA, SUITE 700 ¢ CORAL GABLES, FLORIDA 33134 *PHONE: 786.338.2900 * Fax: 786.338.2888
Preview
Filing # 68552990 E-Filed 02/27/2018 05:18:01 PM IN THE CIRCUIT COURT OF THE 41™ JUDICIAL CIRCUIT IN AND FOR MIAMI DADE COUNTY, FLORIDA CASE NO.: 2017-010921-CA 01 Consolidated with 2017-008138 CA 01 EDUARDO ROJAS A/A/O HARBOR 29 CONDOMINIUM ASSOC., INC., Plaintiff, ve ASPEN SPECIALTY INSURANCE COMPANY, DEFENDANTS’ RESPONSES TO PLAINTIFF'S FIRST REQUEST FOR PRODUCTION Pursuant to Florida Rule of Civil Procedure 1.350, Defendants, ASPEN SPECIALTY INSURANCE COMPANY (“ASPEN”), hereby files its Responses to Plaintiff's First Request for Production served with the Complaint, as follows: 1. All policies of insurance to which the Plaintiff is a named insured or additional payee, together with any declaration of coverage pages, and any additional addendums thereto. RESPONSE: There are no policies of insurance to which Eduardo Rojas is a named insured or additional payee. However, the policy issued to the assignor, Harbor 29 Condominium Association, Inc. is attached. 2. Any and all correspondence to or from any attorney representing the Plaintiff, and any and all documents attached to said correspondence, pertaining to Plaintiff's insurance claims with Defendant, including but not limited to Claim Number PB 15 7001 7884. RESPONSE: None. BERK, MERCHANT |8/ Sims 2 Alhambra Plaza, Suite 700 ¢ CORAL GABLES, FLORIDA 33134 ® PHONE: 786.338.2900 # FAX: 786.338.2888Edwardo Rojas a/a/o Harbor 29 Condo. v. Aspen Specialty Ins. Case No. 2017-010921 CA 01 Page 2 of 6 Any and all correspondence to or from any public adjuster representing the Plaintiff, and any and all documents attached to said correspondence, pertaining to Plaintiff's insurance claims with Defendant, including but not limited to Claim Number PB1570017884. RESPONSE: No correspondence was sent to or received from any public adjuster representing Eduardo Rojas. See correspondence sent to and received from the public adjuster representing the insured, Harbor 29 Condominium Association, Inc. Any and all correspondence to or from the Plaintiff, and any and all documents attached to said correspondence, pertaining to Plaintiff's insurance claims with Defendant, including but not limited to Claim Number PB1570017884. RESPONSE: No correspondence was sent to or received from Eduardo Rojas. See correspondence sent to and received from the insured, Harbor 29 Condominium Association, Inc. Any and all documents of whatever nature and kind submitted by the Plaintiff and/ or his/her agents, public adjusters and/ or attorneys, etc., to the Defendant, its agents, servants and/ or employees in regard to the subject loss. RESPONSE: None. Any and all documents which Defendant considered or relied upon in determining the benefits due or not due to Plaintiff in regards to the claims made. RESPONSE: Attached. Any and all photographs, recordings, charts, graphs, sketches and any other tangible items or documentary evidence relating to the Plaintiffs' insurance claims with Defendant, including but not limited to Claim Number PB1570017884. RESPONSE: Attached. Any and all photographs, recordings, charts, graphs, sketches and any other tangible items or documentary evidence which Defendant intends to use during BERK, MERCHANT |&|S1Ms 2 ALHAMBRA PLAZA, SUITE 700 # CORAL GABLES, FLORIDA 33134 @PHONE: 786.338.2900 » Fax: 786.338.288810. Edwardo Rojas a/a/o Harbor 29 Condo. v. Aspen Specialty Ins. Case No. 2017-010921 CA 01 Page 3 of 6 the trial in this cause and which have not been produced in response to any of the preceding paragraphs. RESPONSE: Unknown at this time. Copy of the Defendant's entire claim file, including front and back cover, for the Plaintiffs claim number PB1570017884 as it is kept in the normal course of business, excluding any documents to which Defendant claims a privilege. ALL DOCUMENTS FOR WHICH DEFENDANT ALLEGES A PRIVILEGE SHALL BE LISTED IN THE MANNER DESCRIBED IN F.R.C.P.1.350. RESPONSE: Defendant objects to this request to the extent that it seeks the production of materials that are protected by the work-product doctrine. Defendant further objects to this request to the extent that it seeks the production of materials that are irrelevant to and not reasonably calculated to lead to the discovery of admissible evidence in this first-party action for breach of contract. Under Florida law, Plaintiff is not entitled to the discovery of Defendant's claim file materials because an insurer's investigation of a claim, along with the claim file thereby created, are irrelevant and protected from disclosure in a first-party action where the issue of coverage has yet to be resolved and damages have yet to be determined. See United Auto, ins. Co. v. Riverside Med. Assocs., 159 So. 3d 285 (Fla. 4th DCA 2015); State Farm Mut, Auto. Ins. Co. v. Tranchese, 49 So. 3d 809, 810 (Fla. 4th DCA 2010); Nationwide Ins. Co. v. Demmo, 57 So. 3d 982 (Fla. 2d DCA 2011); See also State Farm Fire and Casualty Co. v. Valido, 662 So.2d 1012, 1013 (Fla. 3d DCA 1995); General Star Indem. Co. v. Atl, Hospitality of Fla., LLC, 93 So. 3d 501 (Fla. 3d DCA 2012); Castle Key Ins, Co. v. Benitez, 124 So. 3d 379 (Fla. 3d DCA 2013); State Farm Fla. Ins. Co. v, Aloni, 101 So. 3d 412 (Fla. 4th DCA 2012); State Farm Fla. Ins. Co. v. Desai, 106 So. 3d 5, 6 (Fla. 3d DCA 2013). The Defendant's entire claim file up from the date of the initial notice of the loss until the day before the Defendants knew that Defendant was going to deny or litigate the claim. RESPONSE: Defendant objects to this request to the extent that it seeks the production of materials that are protected by the work-product doctrine. Defendant further objects to this request to the extent that it seeks the production of materials that are irrelevant to and not reasonably calculated to lead to the discovery of admissible evidence in this first-party action for breach of contract. Under Florida law, Plaintiff is not entitled to the discovery of Defendant's claim file materials because an insurer’s investigation of a claim, along with the claim BERK, MERCHANT [se SIMS 2 ALHAMBRA PLAZA, SUITE 700 © CORAL GABLES, FLORIDA 33134 ®PHONE: 786.338.2900 ¢ FAX: 786.338.288811. 12, 13. 14, Edwardo Rojas a/a/o Harbor 29 Condo. v. Aspen Specialty Ins. Case No. 2017-010921 CA 01 Page 4 of 6 file thereby created, are irrelevant and protected from disclosure in a first-party action where the issue of coverage has yet to be resolved and damages have yet to be determined. See United Auto. Ins. Co. v. Riverside Med. Assocs., 159 So. 3d 285 (Fla. 4th DCA 2015); State Farm Mut, Auto. ins, Co. v. Tranchese, 49 So. 3d 809, 810 (Fla. 4th DCA 2010); Nationwide ins. Co. v. Demmo, 57 So. 3d 982 (Fla. 2d DCA 2011); See also State Farm Fire and Casualty Co. v. Valide, 662 S0.2d 1012, 1013 (Fla. 3d DCA 1995); General Star Indem. Co. v. Atl. Hospitality of Fla., LLC, 93 So. 3d 501 (Fla. 3d DCA 2012); Castle Key Ins. Co. v. Benitez, 124 So. 3d 379 (Fla. 3d DCA 2013); State Farm Fla. ins. Co. v. Alon}, 101 So. 3d 412 (Fla. 4th DCA 2012); State Farm Fia. Ins. Go. v. Desai, 106 So. 3d 5, 6 (Fla. 3d DCA 2013). Any and all documents relating to or supporting Defendant's denial of any allegation of Plaintiff's complaint, and relating to or supporting each affirmative or general defense asserted by Defendant. RESPONSE: Attached. Any and all statements, whether written, oral or recorded in whatever fashion, including transcripts thereof or electronic recordings of same, taken of any or all witnesses or other persons by the Defendant or its agents, with regard to the subject matter of this lawsuit. RESPONSE: None. A list and/ or documents showing the names, addresses and telephone numbers of any and all witnesses whose statements have been taken, indicating their full legal name, residential address, business address and telephone number, in regard to the subject matter of this litigation. RESPONSE: None. Any and all documents by and between the Defendant and its investigators, insurance adjusters and appraisers relating to the subject matter of the Complaint. RESPONSE: Defendant objects to this request to the extent that it seeks the production of materials that are protected by the work-product doctrine. BERK, MERCHANT |&|SIMS 2 ALHAMBRA PLAZA, SUITE 700 # CORAL GABLES, FLORIDA 33134 ®PHONE: 786.338.2900 # Fax: 786.338.288815. 16. 17. Edwardo Rojas a/a/o Harbor 29 Condo. v. Aspen Specialty Ins. Case No. 2017-010921 CA 01 Page 5 of 6 Defendant further objects to this request to the extent that it seeks the production of materials that are irrelevant to and not reasonably calculated to lead to the discovery of admissible evidence in this first-party action for breach of contract. Under Florida law, Plaintiff is not entitled to the discovery of Defendant's claim file materials because an insurer's investigation of a claim, along with the claim file thereby created, are irrelevant and protected from disclosure in a first-party action where the issue of coverage has yet to be resolved and damages have yet to be determined. See United Auto. Ins. Co. v. Riverside Med. Assacs., 159 So. 3d 285 (Fla. 4th DCA 2015); State Fann Mut. Auto. ins. Co. v. Tranchese, 49 So. 3d 809, 810 (Fla. 4th DCA 2010); Nationwide ins. Co. v. Demme, 57 So. 3d 982 (Fla. 2d DCA 2011); See also State Farm Fire and Casualty Co. v. Valido, 662 So.2d 1012, 1013 (Fla. 3d DCA 1995); General Star Indem. Co. v. All. Hospitality of Fla,, LLC, 93 So. 3d 501 (Fla. 3d DCA 2012); Castle Key ins. Co. v. Benitez, 124 So. 3d 379 (Fla. 3d DCA 2013); State Farm Fla. ins. Cov. Aloni, 101 So. 3d 412 (Fla. 4th DCA 2012); State Farm Fla. Ins. Co. v. Desai, 106 So. 3d 5, 6 (Fla. 3d DCA 2013). Any and all expert reports including but not limited to reports regarding cause and origin, estimates for repair and/ or replacement, damage to the Plaintiff's property in question, or any other subject matter concerning this litigation prepared by any experts who may be, or will be, utilized at the time of trial on behalf of the Defendant. RESPONSE: None at this time. Copies of any and all sworn Proofs of Loss submitted by or on behalf of the Plaintiffs relative to the subject claim and documentation accepting and/ or rejecting said Proofs of Loss and, any and all documentation of any kind or nature relied upon relative to the Defendant's acceptance or rejection of said Proofs of Loss. RESPONSE: None. Any and all documentation or other tangible evidence which Defendant contends supports its claim that all conditions precedent to bringing this action have not been met (if applicable). RESPONSE: Attached. BERK, MERCHANT |é 2 ALHAMBRA PLAZA, SUITE 700 # CORAL GABLES, FLORIDA 33134 #PHONE: 786.338.2900 # FAX: 786.338.2888Edwardo Rojas a/a/o Harbor 29 Condo. v. Aspen Specialty Ins. Case No. 2017-010921 CA 01 Page 6 of 6 18. A copy of any and all reports by any general contractor, roofer, electrician, or other construction personnel hired by the Defendant to examine and/ or evaluate any of the claims asserted by the Plaintiff. RESPONSE: None. Respectfully submitted, BERK, MERCHANT & SIMS, PLC. /siSteven J. Getman William S. Berk Florida Bar No.: 349828 whberk@berklawfirm.com joseph@berklawfirm.com Steven J. Getman Florida Bar No.: 67198 Sgetman@berklawfirm.com msoler-rodriquez@berklawfirm.com 2 Alhambra Plaza, Suite 700 Coral Gables, Florida 33134 Telephone: (786) 338-2900 Facsimile: (786) 338-2888 Counsel for Defendant CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing was served via email on February 27, 2018 to: ALEX STERN, ESQ. LITIGATION & RECOVERY LAW CENTER, PL 16375 NE 18" Avenue, Suite 321 North Miami Beach, Florida 33162 Tel: 305-760-2314 Fax: 305-760-2498 Service: _service@lossiitigators.com Jessica@losslitigators.com Alex@losslitigators.com Counsel for Plaintiff /siSteven J. Getman Steven J. Getman BERK, MERCHANT lee Sims 2 ALHAMBRA PLAZA, SUITE 700 ¢ CORAL GABLES, FLORIDA 33134 *PHONE: 786.338.2900 * Fax: 786.338.2888