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Filing # 123796812 E-Filed 03/25/2021 05:00:50 PM
IN THE CIRCUIT COURT OF THE 14"
JUDICIAL CIRCUIT IN AND FOR
BAY COUNTY, FLORIDA
CASE NO.: 21000401CA
MAGNOLIA TREE APARTMENTS, INC.,
Plaintiff,
vs.
CITIZENS PROPERTY INSURANCE
CORPORATION,
Defendant.
eee
PLAINTIFF’S NOTICE OF SERVICE OF INTERROGATORIES TO DEFENDANT
COMES NOW Plaintiff MAGNOLIA TREE APARTMENTS, INC., through the
undersigned counsel, and hereby files his Interrogatories to Defendant, CITIZENS PROPERTY
INSURANCE CORPORATION, to be answered in writing and under oath within forty-five (45) days
after service hereof as provided by Florida Rule of Civil Procedure 1.340.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy ofthe foregoing has been furnished upon
the Defendant at the time or service of the Summons and Complaint.
GED LAWYERS, LLP
Attorneys for the Plaintiff
7171 North Federal Highway
Boca Raton, FL 33487
Telephone: (561) 995-1966
Facsimile: (561) 241-0812
Primary Email: pdlitlaw@gedlawyers.com
Secondary Email: bgoetsch@gedlawyers.com
BY: /s/Scott M. Rosso
SCOTT M. ROSSO, ESQ.
Florida Bar No.: 505757
DAVID R. SHAHEEN, ESQ.
Florida Bar No.: 0117947
PLAINTIFF’S INTERROGATORIES TO DEFENDANT
1. What is your name, address, and, ifyou are answering for someone else, yourofficial position
or relationship with the party to whom the interrogatories are directed?
2. Describe any and all policies of insurance which you contend cover or may cover the
allegations set forth in Plaintiff's complaint, detailing as to such policies the name of the
insurer, the number ofthe policy, the available limits of liability, and the name and address of
the custodian of the policy.
3. Please state if you contend the loss as alleged in the complaint isnot covered under the
subject insurance policy as referenced in the complaint. If so, please state the specific
language in the insurance policy that you are relying upon as well as the facts to support this
policy language.
4. Please state with specificity any conditions precedent or subsequent to the Plaintiff's claims
that you contend have not been fulfilled by the Plaintiff, if any exist.
-2-
GED LAWYERS, LLP
7171 North Federal Highway, Boca Raton, FL 33487
Phone: (561) 995-1966
5. Please state if any payments have been made for the claim as referenced in the complaint to
and/or on the behalf ofthe Plaintiff. Ifany payments have been made, please state the date of
the payments, who the payments were made to and the basis for the payments.
6. State separately the facts upon which you rely on for each affirmative defense in your Answer
to the Plaintiff's Complaint.
7. List the names, addresses and telephone numbers ofall persons who are believed or known by
you, your agents, or your attorneys to have any knowledge concerning any of the issues in
this lawsuit, and specify the subject matter about which the witness has knowledge.
8. Please state the amount of covered damages Defendant estimated for the subject insurance
claim prior to the initiation of this action. If no number was estimated, please state the basis
for such.
3.
GED LAWYERS, LLP
7171 North Federal Highway, Boca Raton, FL 33487
Phone: (561) 995-1966
9. Please provide a list of the names and current addresses of any and all individuals employed
by or agents of the Defendant who were in any way involved with the handling of Plaintiff's
claim, including those individuals who inspected, photographed or otherwise visited the
subject property for any purpose after the subject date of loss but prior to the institution of
this litigation. Please also provide a short statement of the person’s knowledge and
involvement.
10. Please state any and alldates Defendant provided the subject insurance policy to Plaintiff
and/or Plaintiffs representative. State how the policy was provided and who the policy was
provided.
11. For any and all policy defenses which you reasonably believe are available with regards to the
claim made by the Plaintiff herein: Describe in detail the factual and legal basis for any such
defenses and give complete names, residence addresses, business addresses, and telephone
numbers of each person believed or known by you, your agents or attorneys, to have
knowledge of the facts which would provide the basis for any such defense.
12. For each denied or withheld payment for the subject claim listed above, state in detail the legal
ground and the factual basis upon which the claim was denied, the exact wording of any
policy provisions, or the exact wording of any statutory language or case law upon which you
base your denial or withholding of payment.
-4-
GED LAWYERS, LLP
7171 North Federal Highway, Boca Raton, FL 33487
Phone: (561) 995-1966
13. Please state the name of any individual who inspected Plaintiff's property for the subject claim
number, the date(s) ofthe inspection(s), the qualification(s) ofthe individual(s), the opinions
reported back to the Defendant, the amount of times the Defendant has hired these
individual(s) in the past 3 years and the amount of money the Defendant has paid these
individuals and/or these individuals companies in the last 3 years.
14. Please state if any permits are necessary in order to complete the repairs the Defendant
estimated for the subject claim number prior to the initiation of this action. If Defendant
claims permits are not necessary, please state the basis for this opinion.
15. State the name and address of every person known to you, your agents, or your attorneys
who has knowledge about or possession, custody, or control of any estimate of damage,
model, plat, map, drawing, motion picture, video tape, or photograph pertaining to any fact or
issue involved in this controversy; and describe as to each, what item such person has, the
name and address of the person who took or prepared it,and the date it was taken or
prepared.
16. Please state if any person who inspected the subject property for the insurance claim as
referenced in the complaint prepared any sort of report. If so, please state the date the report
was prepared, who prepared the report, the conclusions ofthe report, ifyou are claiming the
report isnot discoverable, the basis for claiming the report isnot discoverable and if you
relied upon the report in making a coverage determination for the subject insurance claim.
-5-
GED LAWYERS, LLP
7171 North Federal Highway, Boca Raton, FL 33487
Phone: (561) 995-1966
17. Please state the date that you received notice ofthis claim, who reported the claim and what
specifically was reported.
18. Ifyou claim you were unable to pay Plaintiff's claim because you had insufficient information
or the notice of claim did not have sufficient support, state: When you first realized that you
had insufficient information, each and every effort made by you to obtain the needed
information, when you informed the Plaintiff ofthe need for further information and when you
gave up trying to obtain the needed information.
19. Please state if the subject insurance policy was provided to the Plaintiff and/or the Plaintiff's
representatives anytime during the time period of the subject claim being reported until the
filing of this action. If the subject insurance policy was not provided during this time period,
please state the basis for not providing the subject insurance policy.
20. Please specifically state what evidence Defendant relied upon in determining the “wear &
tear” exclusion applied to claim number 001-00-213731 .
-6-
GED LAWYERS, LLP
7171 North Federal Highway, Boca Raton, FL 33487
Phone: (561) 995-1966
21. Please state the amount of damages Defendant estimated for claim number 001-00-213731
regardless of coverage under the subject policy.
22. Please state all facts that Defendant relied upon in denying claim number 001-00-213731 and
what witnesses support these facts.
-7-
GED LAWYERS, LLP
7171 North Federal Highway, Boca Raton, FL 33487
Phone: (561) 995-1966
JURAT PAGE
Dated , 2021
Signature of Agent for Defendant
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of [ ] physical presence or[ ] online
notarization, this of , 2021 by , who is personally known
to me or who has produced as identification, and who deposed and
stated that the information contained in the foregoing Answers to Interrogatories is true and correct,
to the best of his/her knowledge and belief.
SWORN AND SUBSCRIBED before me, by means of [ ] physical presence or[ ] online
notarization, in the aforesaid County and State this day of , 2021.
Notary Public
Commission No.
(Name of Notary typed, printed or stamped)
My commission expires:
-8-
GED LAWYERS, LLP
7171 North Federal Highway, Boca Raton, FL 33487
Phone: (561) 995-1966
Preview
Filing # 123796812 E-Filed 03/25/2021 05:00:50 PM IN THE CIRCUIT COURT OF THE 14" JUDICIAL CIRCUIT IN AND FOR BAY COUNTY, FLORIDA CASE NO.: 21000401CA MAGNOLIA TREE APARTMENTS, INC., Plaintiff, vs. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. eee PLAINTIFF’S NOTICE OF SERVICE OF INTERROGATORIES TO DEFENDANT COMES NOW Plaintiff MAGNOLIA TREE APARTMENTS, INC., through the undersigned counsel, and hereby files his Interrogatories to Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, to be answered in writing and under oath within forty-five (45) days after service hereof as provided by Florida Rule of Civil Procedure 1.340. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy ofthe foregoing has been furnished upon the Defendant at the time or service of the Summons and Complaint. GED LAWYERS, LLP Attorneys for the Plaintiff 7171 North Federal Highway Boca Raton, FL 33487 Telephone: (561) 995-1966 Facsimile: (561) 241-0812 Primary Email: pdlitlaw@gedlawyers.com Secondary Email: bgoetsch@gedlawyers.com BY: /s/Scott M. Rosso SCOTT M. ROSSO, ESQ. Florida Bar No.: 505757 DAVID R. SHAHEEN, ESQ. Florida Bar No.: 0117947 PLAINTIFF’S INTERROGATORIES TO DEFENDANT 1. What is your name, address, and, ifyou are answering for someone else, yourofficial position or relationship with the party to whom the interrogatories are directed? 2. Describe any and all policies of insurance which you contend cover or may cover the allegations set forth in Plaintiff's complaint, detailing as to such policies the name of the insurer, the number ofthe policy, the available limits of liability, and the name and address of the custodian of the policy. 3. Please state if you contend the loss as alleged in the complaint isnot covered under the subject insurance policy as referenced in the complaint. If so, please state the specific language in the insurance policy that you are relying upon as well as the facts to support this policy language. 4. Please state with specificity any conditions precedent or subsequent to the Plaintiff's claims that you contend have not been fulfilled by the Plaintiff, if any exist. -2- GED LAWYERS, LLP 7171 North Federal Highway, Boca Raton, FL 33487 Phone: (561) 995-1966 5. Please state if any payments have been made for the claim as referenced in the complaint to and/or on the behalf ofthe Plaintiff. Ifany payments have been made, please state the date of the payments, who the payments were made to and the basis for the payments. 6. State separately the facts upon which you rely on for each affirmative defense in your Answer to the Plaintiff's Complaint. 7. List the names, addresses and telephone numbers ofall persons who are believed or known by you, your agents, or your attorneys to have any knowledge concerning any of the issues in this lawsuit, and specify the subject matter about which the witness has knowledge. 8. Please state the amount of covered damages Defendant estimated for the subject insurance claim prior to the initiation of this action. If no number was estimated, please state the basis for such. 3. GED LAWYERS, LLP 7171 North Federal Highway, Boca Raton, FL 33487 Phone: (561) 995-1966 9. Please provide a list of the names and current addresses of any and all individuals employed by or agents of the Defendant who were in any way involved with the handling of Plaintiff's claim, including those individuals who inspected, photographed or otherwise visited the subject property for any purpose after the subject date of loss but prior to the institution of this litigation. Please also provide a short statement of the person’s knowledge and involvement. 10. Please state any and alldates Defendant provided the subject insurance policy to Plaintiff and/or Plaintiffs representative. State how the policy was provided and who the policy was provided. 11. For any and all policy defenses which you reasonably believe are available with regards to the claim made by the Plaintiff herein: Describe in detail the factual and legal basis for any such defenses and give complete names, residence addresses, business addresses, and telephone numbers of each person believed or known by you, your agents or attorneys, to have knowledge of the facts which would provide the basis for any such defense. 12. For each denied or withheld payment for the subject claim listed above, state in detail the legal ground and the factual basis upon which the claim was denied, the exact wording of any policy provisions, or the exact wording of any statutory language or case law upon which you base your denial or withholding of payment. -4- GED LAWYERS, LLP 7171 North Federal Highway, Boca Raton, FL 33487 Phone: (561) 995-1966 13. Please state the name of any individual who inspected Plaintiff's property for the subject claim number, the date(s) ofthe inspection(s), the qualification(s) ofthe individual(s), the opinions reported back to the Defendant, the amount of times the Defendant has hired these individual(s) in the past 3 years and the amount of money the Defendant has paid these individuals and/or these individuals companies in the last 3 years. 14. Please state if any permits are necessary in order to complete the repairs the Defendant estimated for the subject claim number prior to the initiation of this action. If Defendant claims permits are not necessary, please state the basis for this opinion. 15. State the name and address of every person known to you, your agents, or your attorneys who has knowledge about or possession, custody, or control of any estimate of damage, model, plat, map, drawing, motion picture, video tape, or photograph pertaining to any fact or issue involved in this controversy; and describe as to each, what item such person has, the name and address of the person who took or prepared it,and the date it was taken or prepared. 16. Please state if any person who inspected the subject property for the insurance claim as referenced in the complaint prepared any sort of report. If so, please state the date the report was prepared, who prepared the report, the conclusions ofthe report, ifyou are claiming the report isnot discoverable, the basis for claiming the report isnot discoverable and if you relied upon the report in making a coverage determination for the subject insurance claim. -5- GED LAWYERS, LLP 7171 North Federal Highway, Boca Raton, FL 33487 Phone: (561) 995-1966 17. Please state the date that you received notice ofthis claim, who reported the claim and what specifically was reported. 18. Ifyou claim you were unable to pay Plaintiff's claim because you had insufficient information or the notice of claim did not have sufficient support, state: When you first realized that you had insufficient information, each and every effort made by you to obtain the needed information, when you informed the Plaintiff ofthe need for further information and when you gave up trying to obtain the needed information. 19. Please state if the subject insurance policy was provided to the Plaintiff and/or the Plaintiff's representatives anytime during the time period of the subject claim being reported until the filing of this action. If the subject insurance policy was not provided during this time period, please state the basis for not providing the subject insurance policy. 20. Please specifically state what evidence Defendant relied upon in determining the “wear & tear” exclusion applied to claim number 001-00-213731 . -6- GED LAWYERS, LLP 7171 North Federal Highway, Boca Raton, FL 33487 Phone: (561) 995-1966 21. Please state the amount of damages Defendant estimated for claim number 001-00-213731 regardless of coverage under the subject policy. 22. Please state all facts that Defendant relied upon in denying claim number 001-00-213731 and what witnesses support these facts. -7- GED LAWYERS, LLP 7171 North Federal Highway, Boca Raton, FL 33487 Phone: (561) 995-1966 JURAT PAGE Dated , 2021 Signature of Agent for Defendant STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of [ ] physical presence or[ ] online notarization, this of , 2021 by , who is personally known to me or who has produced as identification, and who deposed and stated that the information contained in the foregoing Answers to Interrogatories is true and correct, to the best of his/her knowledge and belief. SWORN AND SUBSCRIBED before me, by means of [ ] physical presence or[ ] online notarization, in the aforesaid County and State this day of , 2021. Notary Public Commission No. (Name of Notary typed, printed or stamped) My commission expires: -8- GED LAWYERS, LLP 7171 North Federal Highway, Boca Raton, FL 33487 Phone: (561) 995-1966