Preview
Case Number: CACE-21-003859 Division: 13
Filing # 121912396 E-Filed 02/23/2021 02:07:21 PM
IN THE CIRCUIT COURT OF THE
17™ JUDICIAL CIRCUIT, IN AND
FOR BROWARD COUNTY, FLORIDA
THOMAS SHEEHAN III
AND KAREN SHEEHAN, CASE NO.:
Plaintiffs,
V.
FEDNAT INSURANCE COMPANY,
Defendant.
/
PLAINTIFF’S FIRST REQUEST FOR PRODUCTION
OF DOCUMENTS ON DEFENDANT
Plaintiffs, THOMAS SHEEHAN III AND KAREN SHEEHAN (hereinafter the “Plaintiff”),
by and through undersigned counsel, pursuant to Florida Rules of Civil Procedure 1.350, requests
that Defendant, FEDNAT INSURANCE COMPANY (hereinafter the “Defendant”), produce and
permit the inspection and copying or photocopying of the following designated documents, reports
and/or objects within forty-five (45) days of the service of this request at 2601 East Oakland Park
Boulevard, Suite 503, Fort Lauderdale, Florida 33306.
DEFINITIONS
As used herein, the words and phrases set forth below have the following meanings:
1 "Document" or "documents" shall mean every original (and every copy of any
original or copy which differs in any way from the original) of every writing or recording of every
kind or description, regardless of where located and regardless of whether handwritten, typed,
drawn, sketched, printed, or recorded by any physical, mechanical, electronic or electrical means
whatsoever, or stored in any form of mechanical or electronic information retrieval system
including computer data files, and whether or not claimed to be privileged or otherwise excludable
from discovery, and including, without limitation, books, records, papers, pamphlets, brochures,
circulars, advertisements, specifications, blueprints, maps, plats, surveys, drawings, sketches,
graphs, charts, plans laboratory or engineering reports, correspondence, communications,
telegrams, memoranda, notes, notebooks, worksheets, reports, lists, analyses, summaries, ledgers
accounts or audits, inventories, tax returns, financial statements, profit and loss statements, cash
flow, statements, balance sheets, annual or other periodic reports, prospectuses, registrations,
solicitations, minutes, stock ledgers, stock certificates, licenses, permits, calendars, appointment
books, diaries, telephone bills and toll call records, expense reports, commission statements,
itineraries, agendas, payroll records, checkbooks, check registers, canceled checks, account
Page 1 of 8
#** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 02/23/2021 02:07:16 PM.****
statements, receipts, contracts agreements. instruments,assignments, applications, offers
acceptances, proposals, financing statements, documents of title, appraisals, purchase orders,
invoices, bills of lading, written memorials or oral communications forecasts, photographs.
photographic slides or negatives, films filmstrips, tapes and records.
2. "Related to" or "relating to" shall mean directly or indirectly mentioning or
describing, pertaining to, being connected with, or reflecting upon a stated subject matter.
3 "Identification" or "identity" shall mean as to a document or agreement, stating:
a. the date of its creation, execution and receipt
b its author or signatory;
Cc. its addressee and every other recipient or person having knowledge of its
contents or whereabouts
its type or nature (e.g., letter, memorandum, etc.) including its subject
matter (which shall be stated with particularity);
the number of pages, pieces or units contained therein or forming a part
thereof;
the name and the business and home addresses of the custodian of the
document
g. the present location of the document.
4. The term “Defendant” shall mean the party to whom these are directed and each
and every name by which said party is known or has been known and all present and former agents,
employees, representatives, attorneys, and all other persons acting on behalf of said party and may
also include the original lender as defined herein and the company servicing the loan on behalf of
said party.
5 The terms “Plaintiff” and “Insured” shall be used interchangeably.
6 Unless specifically stated below, all information shall be requested for the last ten
(10) years.
7
All capitalized terms not defined herein shall have the meanings set forth in the
Plaintiff's Complaint
INSTRUCTIONS
In construing this Request:
1 You must serve a written response within forty-five (45) days after service of this
request. Your response must state that production and related activities will be permitted as
requested or that the requested production is objected to, in which event the reasons for your
objection must be stated.
2. The singular shall include the plural and the plural shall include the singular.
Page 2 of 8
3 A masculine, feminine or neuter pronoun shall not exclude other genders, and shall
be interpreted as the context of the request requires.
4. Each request shall extend to all documents which are or have been in the possession
or subject to the control of the person or entity to whom this request is directed, and all persons
and entities are subject to its discretion or control at any time during the period of time covered by
this Request.
5 With respect to any document, the production of which is objected to on the ground
of any claim of privilege or for any other reason, the person or entity to whom this request is
directed shall identify the document and shall further;
a. state the nature of the claim of privilege or other ground of objection;
b state all facts relied upon in support of the claim of privilege or other ground
of objection or related thereto;
identify all documents related to the claim of privilege or other ground of
objection;
identify all persons having knowledge of any facts related to the claim of
privilege or other ground of objection; and
identify all events, transactions or occurrence related to the claim of
privilege or other ground of objection.
DOCUMENTS AND THINGS TO BE PRODUCED
1 All insurance policies issued by you that would inure to the benefit of the Insured,
together with any declaration of coverage page(s) and the sworn statement of a corporate officer
attesting to the authenticity of the policy.
2. Any correspondence or documentation that establishes the date and manner that the
subject loss was initially reported to you or your representative(s) by the Insured or the Insured’s
representative(s).
3 Any correspondence or documentation that establishes what the Insured’s or the
Insured’s representative(s) initially reported to you or your representative(s) with regard to the date
and description of the subject loss.
4 All Proof of Loss forms pertaining to the subject loss that were sent or received by
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you or your representatives to or from the Insured or the Insured's representatives.
5 All correspondence sent by you or your representatives to the Insured or Insured’s
representative(s) to advise of your determination(s) with regard to the availability of coverage.
6 All correspondence sent by you or your representatives to the Insured or Insured’s
representative(s) in response to a request for mediation or appraisal of the subject claim.
7
All correspondence sent by you or your representatives to the Insured or Insured’s
representatives advising of the Insured’s right to participate in mediation in accordance with Florida
Statute § 627.7015(2).
8 To the extent not already provided in response to preceding requests, all
correspondence (including attachments) pertaining to the subject loss that was sent by you or your
representative(s) to the Insured or Insured’s representative(s).
9 All correspondence or documentation that establishes or evidences the date you began
anticipating there would be litigation arising out of the subject claim.
10. All correspondence (including attachments) pertaining to the subject loss that was
received by you or your representative(s) from the Insured or Insured’s representative(s).
11. All correspondence (including attachments) pertaining to the subject loss that was sent
or received by you or your representative(s) to or from any third parties except your attommey.
12. Transcripts and any and all audio recordings of all recorded statements or
Examinations Under Oath taken by you or your representative(s) in connection with the subject loss.
13. All documents or graphic materials that were marked as exhibits, referenced or
reviewed on the record during Examinations Under Oath conducted by you or your representative(s)
in connection with the subject loss.
14. All affidavits or sworn statements in your possession pertaining to the subject loss.
Page 4 of 8
15. All documentation evidencing the date, time and subject matter of phone calls
pertaining to the subject loss that were made or received by you or your representative(s) to or from
the Insured or Insured’s representative(s). If this information is on records or phone logs containing
notations or comments for which you are asserting a privilege, please redact the privileged portions
and produce the remainder of the record or log.
16. All documentation evidencing the date, time and subject matter of phone calls
pertaining to the subject loss that were made or received by you or your representatives to or from
any third parties other than your attorney(ies). If this information is on records or phone logs
containing notations or comments for which you are asserting a privilege, please redact the privileged
portions and produce the remainder of the record or log.
17. All inspection reports or other documents that evidence the cause of the loss at issue
in the subject claim as determined by you or your representative(s).
18. All inspection reports or other documents that evidence the cause of the loss at issue
in the subject claim as determined by the Insured or Insured’s representative(s).
19. To the extent not already provided in response to the preceding requests, all reports
resulting from inspections, appraisals, analyses or reviews performed in connection with the subject
loss by engineers, scientists, appraisers, contractors, accountants, or any other consultants or experts
retained by your or your representative(s).
20. All estimates of damages prepared by any individual who inspected the property on
behalf of Defendant, with respect to the claim of loss at issue in this matter.
21. All inspection reports or other materials pertaining to the cause of the damages at issue
in the subject claim that were prepared by neutral, disinterested parties representing neither you nor
Page 5 of 8
the Insured.
22. All photographs, video, diagrams, plans or other graphic representations portraying
the subject Property or any portion thereof which were taken or prepared before the alleged date of
the subject loss.
23. All photographs, video, diagrams, plans or other graphic representations portraying
the subject Property or any portion thereof which were taken or prepared after the alleged date of the
subject loss.
24. All correspondence, documents, photographs and video pertaining to any previous
insurance claim(s) made by the Insured or by previous owner(s) of the subject Property that were
reviewed by you or your representative(s) in the course of investigating the instant claim.
25. All application(s) for insurance submitted by or on behalf of the Insured to you or your
representative(s) in connection with obtaining or renewing the subject Policy.
26. All inspection reports prepared by or for you or your representative(s) in connection
with the initial issuance or renewal of the subject Policy.
27. All photographs or video taken by or for you or your representative(s) in connection
with the initial issuance or renewal of the subject Policy.
28. To the extent not already provided in response to preceding requests, all inspection
reports, appraisals, photographs, video or other documents or materials in your possession that
evidence or pertain to the condition of the subject Property or any portion thereof prior to the subject
date of loss.
29. A current curriculum vitae or resume for each person (other than independent
adjusters) retained on your behalf for the purpose of rendering an opinion as to the cause of the loss.
30. A copy of the “ISO” report pertaining to all property insurance claims filed by the
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Plaintiff at the subject property at issue in this litigation.
31. Any correspondence sent by you or your representative(s) to the Insured or Insured’s
representative(s) with respect to any insurance claims filed by Plaintiff with Defendant prior to the
inception of the instant lawsuit.
32. Any correspondence sent by the Insured or their representative(s) to the Defendant or
its representatives with respect to any insurance claims filed by Plaintiff with Defendant prior to the
inception of the instant lawsuit.
33. All estimates of damages prepared by Defendant in connection with any property
damage claim filed by Plaintiff, which relate to damages claimed by Plaintiff in the instant lawsuit.
34. All photographs, video, diagrams, plans or other graphic representations portraying
the subject Property or any portion thereof with respect to any insurance claims filed by Plaintiff with
Defendant prior to the inception of the instant lawsuit.
35. A privilege log accounting for all responsive materials being withheld from
production on the basis of privilege or protection, in accordance with Florida law.
[CERTIFICATE OF SERVICE ON THE FOLLOWING PAGE]
Page 7 of 8
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the above foregoing has been served
along with the Summons and Complaint in this matter.
HL LAW GROUP, P.A.
By: /s/ Daniel Rosenbaum
Daniel Rosenbaum, Esquire
FBN: 123674
Attormey for Plaintiff
2601 East Oakland Park Boulevard, Suite 503
Fort Lauderdale, Florida 33306
Telephone: (954) 713-1212
Facsimile: (954) 760-4239
Primary Email: DRosenbaum@HLLawGroup.com
Secondary Email: Service@HLLawGroup.com
Tertiary Email: SJames@HLLawGroup.com
Page 8 of 8
Preview
Case Number: CACE-21-003859 Division: 13 Filing # 121912396 E-Filed 02/23/2021 02:07:21 PM IN THE CIRCUIT COURT OF THE 17™ JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA THOMAS SHEEHAN III AND KAREN SHEEHAN, CASE NO.: Plaintiffs, V. FEDNAT INSURANCE COMPANY, Defendant. / PLAINTIFF’S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS ON DEFENDANT Plaintiffs, THOMAS SHEEHAN III AND KAREN SHEEHAN (hereinafter the “Plaintiff”), by and through undersigned counsel, pursuant to Florida Rules of Civil Procedure 1.350, requests that Defendant, FEDNAT INSURANCE COMPANY (hereinafter the “Defendant”), produce and permit the inspection and copying or photocopying of the following designated documents, reports and/or objects within forty-five (45) days of the service of this request at 2601 East Oakland Park Boulevard, Suite 503, Fort Lauderdale, Florida 33306. DEFINITIONS As used herein, the words and phrases set forth below have the following meanings: 1 "Document" or "documents" shall mean every original (and every copy of any original or copy which differs in any way from the original) of every writing or recording of every kind or description, regardless of where located and regardless of whether handwritten, typed, drawn, sketched, printed, or recorded by any physical, mechanical, electronic or electrical means whatsoever, or stored in any form of mechanical or electronic information retrieval system including computer data files, and whether or not claimed to be privileged or otherwise excludable from discovery, and including, without limitation, books, records, papers, pamphlets, brochures, circulars, advertisements, specifications, blueprints, maps, plats, surveys, drawings, sketches, graphs, charts, plans laboratory or engineering reports, correspondence, communications, telegrams, memoranda, notes, notebooks, worksheets, reports, lists, analyses, summaries, ledgers accounts or audits, inventories, tax returns, financial statements, profit and loss statements, cash flow, statements, balance sheets, annual or other periodic reports, prospectuses, registrations, solicitations, minutes, stock ledgers, stock certificates, licenses, permits, calendars, appointment books, diaries, telephone bills and toll call records, expense reports, commission statements, itineraries, agendas, payroll records, checkbooks, check registers, canceled checks, account Page 1 of 8 #** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 02/23/2021 02:07:16 PM.**** statements, receipts, contracts agreements. instruments,assignments, applications, offers acceptances, proposals, financing statements, documents of title, appraisals, purchase orders, invoices, bills of lading, written memorials or oral communications forecasts, photographs. photographic slides or negatives, films filmstrips, tapes and records. 2. "Related to" or "relating to" shall mean directly or indirectly mentioning or describing, pertaining to, being connected with, or reflecting upon a stated subject matter. 3 "Identification" or "identity" shall mean as to a document or agreement, stating: a. the date of its creation, execution and receipt b its author or signatory; Cc. its addressee and every other recipient or person having knowledge of its contents or whereabouts its type or nature (e.g., letter, memorandum, etc.) including its subject matter (which shall be stated with particularity); the number of pages, pieces or units contained therein or forming a part thereof; the name and the business and home addresses of the custodian of the document g. the present location of the document. 4. The term “Defendant” shall mean the party to whom these are directed and each and every name by which said party is known or has been known and all present and former agents, employees, representatives, attorneys, and all other persons acting on behalf of said party and may also include the original lender as defined herein and the company servicing the loan on behalf of said party. 5 The terms “Plaintiff” and “Insured” shall be used interchangeably. 6 Unless specifically stated below, all information shall be requested for the last ten (10) years. 7 All capitalized terms not defined herein shall have the meanings set forth in the Plaintiff's Complaint INSTRUCTIONS In construing this Request: 1 You must serve a written response within forty-five (45) days after service of this request. Your response must state that production and related activities will be permitted as requested or that the requested production is objected to, in which event the reasons for your objection must be stated. 2. The singular shall include the plural and the plural shall include the singular. Page 2 of 8 3 A masculine, feminine or neuter pronoun shall not exclude other genders, and shall be interpreted as the context of the request requires. 4. Each request shall extend to all documents which are or have been in the possession or subject to the control of the person or entity to whom this request is directed, and all persons and entities are subject to its discretion or control at any time during the period of time covered by this Request. 5 With respect to any document, the production of which is objected to on the ground of any claim of privilege or for any other reason, the person or entity to whom this request is directed shall identify the document and shall further; a. state the nature of the claim of privilege or other ground of objection; b state all facts relied upon in support of the claim of privilege or other ground of objection or related thereto; identify all documents related to the claim of privilege or other ground of objection; identify all persons having knowledge of any facts related to the claim of privilege or other ground of objection; and identify all events, transactions or occurrence related to the claim of privilege or other ground of objection. DOCUMENTS AND THINGS TO BE PRODUCED 1 All insurance policies issued by you that would inure to the benefit of the Insured, together with any declaration of coverage page(s) and the sworn statement of a corporate officer attesting to the authenticity of the policy. 2. Any correspondence or documentation that establishes the date and manner that the subject loss was initially reported to you or your representative(s) by the Insured or the Insured’s representative(s). 3 Any correspondence or documentation that establishes what the Insured’s or the Insured’s representative(s) initially reported to you or your representative(s) with regard to the date and description of the subject loss. 4 All Proof of Loss forms pertaining to the subject loss that were sent or received by Page 3 of 8 you or your representatives to or from the Insured or the Insured's representatives. 5 All correspondence sent by you or your representatives to the Insured or Insured’s representative(s) to advise of your determination(s) with regard to the availability of coverage. 6 All correspondence sent by you or your representatives to the Insured or Insured’s representative(s) in response to a request for mediation or appraisal of the subject claim. 7 All correspondence sent by you or your representatives to the Insured or Insured’s representatives advising of the Insured’s right to participate in mediation in accordance with Florida Statute § 627.7015(2). 8 To the extent not already provided in response to preceding requests, all correspondence (including attachments) pertaining to the subject loss that was sent by you or your representative(s) to the Insured or Insured’s representative(s). 9 All correspondence or documentation that establishes or evidences the date you began anticipating there would be litigation arising out of the subject claim. 10. All correspondence (including attachments) pertaining to the subject loss that was received by you or your representative(s) from the Insured or Insured’s representative(s). 11. All correspondence (including attachments) pertaining to the subject loss that was sent or received by you or your representative(s) to or from any third parties except your attommey. 12. Transcripts and any and all audio recordings of all recorded statements or Examinations Under Oath taken by you or your representative(s) in connection with the subject loss. 13. All documents or graphic materials that were marked as exhibits, referenced or reviewed on the record during Examinations Under Oath conducted by you or your representative(s) in connection with the subject loss. 14. All affidavits or sworn statements in your possession pertaining to the subject loss. Page 4 of 8 15. All documentation evidencing the date, time and subject matter of phone calls pertaining to the subject loss that were made or received by you or your representative(s) to or from the Insured or Insured’s representative(s). If this information is on records or phone logs containing notations or comments for which you are asserting a privilege, please redact the privileged portions and produce the remainder of the record or log. 16. All documentation evidencing the date, time and subject matter of phone calls pertaining to the subject loss that were made or received by you or your representatives to or from any third parties other than your attorney(ies). If this information is on records or phone logs containing notations or comments for which you are asserting a privilege, please redact the privileged portions and produce the remainder of the record or log. 17. All inspection reports or other documents that evidence the cause of the loss at issue in the subject claim as determined by you or your representative(s). 18. All inspection reports or other documents that evidence the cause of the loss at issue in the subject claim as determined by the Insured or Insured’s representative(s). 19. To the extent not already provided in response to the preceding requests, all reports resulting from inspections, appraisals, analyses or reviews performed in connection with the subject loss by engineers, scientists, appraisers, contractors, accountants, or any other consultants or experts retained by your or your representative(s). 20. All estimates of damages prepared by any individual who inspected the property on behalf of Defendant, with respect to the claim of loss at issue in this matter. 21. All inspection reports or other materials pertaining to the cause of the damages at issue in the subject claim that were prepared by neutral, disinterested parties representing neither you nor Page 5 of 8 the Insured. 22. All photographs, video, diagrams, plans or other graphic representations portraying the subject Property or any portion thereof which were taken or prepared before the alleged date of the subject loss. 23. All photographs, video, diagrams, plans or other graphic representations portraying the subject Property or any portion thereof which were taken or prepared after the alleged date of the subject loss. 24. All correspondence, documents, photographs and video pertaining to any previous insurance claim(s) made by the Insured or by previous owner(s) of the subject Property that were reviewed by you or your representative(s) in the course of investigating the instant claim. 25. All application(s) for insurance submitted by or on behalf of the Insured to you or your representative(s) in connection with obtaining or renewing the subject Policy. 26. All inspection reports prepared by or for you or your representative(s) in connection with the initial issuance or renewal of the subject Policy. 27. All photographs or video taken by or for you or your representative(s) in connection with the initial issuance or renewal of the subject Policy. 28. To the extent not already provided in response to preceding requests, all inspection reports, appraisals, photographs, video or other documents or materials in your possession that evidence or pertain to the condition of the subject Property or any portion thereof prior to the subject date of loss. 29. A current curriculum vitae or resume for each person (other than independent adjusters) retained on your behalf for the purpose of rendering an opinion as to the cause of the loss. 30. A copy of the “ISO” report pertaining to all property insurance claims filed by the Page 6 of 8 Plaintiff at the subject property at issue in this litigation. 31. Any correspondence sent by you or your representative(s) to the Insured or Insured’s representative(s) with respect to any insurance claims filed by Plaintiff with Defendant prior to the inception of the instant lawsuit. 32. Any correspondence sent by the Insured or their representative(s) to the Defendant or its representatives with respect to any insurance claims filed by Plaintiff with Defendant prior to the inception of the instant lawsuit. 33. All estimates of damages prepared by Defendant in connection with any property damage claim filed by Plaintiff, which relate to damages claimed by Plaintiff in the instant lawsuit. 34. All photographs, video, diagrams, plans or other graphic representations portraying the subject Property or any portion thereof with respect to any insurance claims filed by Plaintiff with Defendant prior to the inception of the instant lawsuit. 35. A privilege log accounting for all responsive materials being withheld from production on the basis of privilege or protection, in accordance with Florida law. [CERTIFICATE OF SERVICE ON THE FOLLOWING PAGE] Page 7 of 8 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the above foregoing has been served along with the Summons and Complaint in this matter. HL LAW GROUP, P.A. By: /s/ Daniel Rosenbaum Daniel Rosenbaum, Esquire FBN: 123674 Attormey for Plaintiff 2601 East Oakland Park Boulevard, Suite 503 Fort Lauderdale, Florida 33306 Telephone: (954) 713-1212 Facsimile: (954) 760-4239 Primary Email: DRosenbaum@HLLawGroup.com Secondary Email: Service@HLLawGroup.com Tertiary Email: SJames@HLLawGroup.com Page 8 of 8