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Filing # 124800139 E-Filed 04/13/2021 10:16:37 AM
IN THE CIRCUIT COURT OF THE 16TH
JUDICIAL CIRCUIT IN AND FOR
MONROE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO.:
PETER CASTELLANOS,
Plaintiff,
vs.
MAISON INSURANCE COMPANY,
Defendant.
____________________________________/
NOTICE OF FILING FIRST SET OF INTERROGATORIES TO DEFENDANT
COMES NOW the Plaintiff, PETER CASTELLANOS, by and through the undersigned
counsel and pursuant to Rule 1.340 of the Florida Rules of Civil Procedure, hereby files this Notice
of Filing First Set of Interrogatories to Defendant and requests Defendant to furnish answers to the
following Interrogatories to the offices of the undersigned attorney within forty-five (45) days
from the date of service hereof:
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served with the
Summons and Complaint on Defendant.
Law Offices of Scott Klotzman, P.A.
Attorney for Plaintiff
2001 Tyler Street, Suite 5
Hollywood, Florida 33020
Phone: 954.915.7405
Email: eservice@scottklotzman.com
By: /s/ Luis M. Perez
Scott Klotzman, Esq.
Florida Bar No.: 048099
Luis M. Perez, Esq.
Florida Bar No.:72309
4/13/2021 10:16 AM eFiled - Kevin Madok, CPA, Clerk of the Court Page 1
PLAINTIFF’S FIRST SET OF INTERROGATORIES TO DEFENDANT
1. What is the name and address of the person(s) answering these interrogatories, and,
if applicable, the person’s official position or relationship with the party to whom the
interrogatories are directed?
2. State your complete corporate name, nature of your business, whether you are
licensed to do business in the State of Florida, whether you maintain agents for the transacting of
your customary business in Monroe County, and whether your name as it appears in the Complaint
is correct.
3. State the name and address of each and every person who has knowledge of the
reasons that coverage was denied for all or part of this claim and state in detail the factual basis
for the denial or refusal to pay Plaintiff’s claim in full.
2
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4. List the names, addresses and telephone numbers of all persons (other than your
own agents, representatives or employees) believed or known by you, your agents or attorneys
to have any knowledge concerning any of the issues raised by the pleadings, specifying the subject
matter about which the witnesses have knowledge and state whether you have obtained any
statements (oral, written and/or recorded) from any of said witnesses, list the dates any such
witness statements were taken, by whom any such witness statements were taken and who has
present possession, custody and control of any such statements.
5. List the names, address and telephone number of all persons who, on your behalf
or on behalf or any of your agents, employees, representatives and/or attorneys, have in any
way participated in the investigation, evaluation, adjustment or handling of the claim which forms
the basis of Plaintiff’s Complaint and specify the nature of the participation for each and every
such person along with the dates of their participation.
6. For each decision determining that Plaintiff’s claim was not covered under the
policy, please state the date you first decided that the claim was not covered, how you determined
that the claim was not covered, the date you arrived at the conclusion that the claim was not
covered, the date you first informed Plaintiff that the claim was not covered and the name, address
and telephone number of each and every person that possesses any information concerning these
matters along with the dates of their participation.
3
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7. Identify the language of the subject insurance policy that you claim excludes or
limits coverage with regard to Plaintiff’s claim.
8. Did your underwriting department, or anyone on its behalf, inspect the Plaintiff’s
home as a condition to insure the property. If so, please state the name, address and telephone
number of the person(s) who conducted such an inspection and the date of said inspection.
9. If you claim that the damaged claimed by Plaintiff pre-date the reported date of
loss, please state the factual basis for this contention and identify all documents that support this
contention and identify all persons that will testify to this contention.
4
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10. If you allege that Plaintiff failed to perform any conditions precedent, or failed to
fulfill any duties after loss, please identify them with specificity, including the date Plaintiff failed
to perform, citing the appropriate contractual language which support Plaintiff’s duty to perform
and the name, address and phone number of each and every person who can testify to the facts in
support of these defenses and state the specific knowledge of each witness.
11. Have you heard or do you know about any statement or remark made by or on
behalf of any party to this lawsuit, other than yourself, concerning any issue in this lawsuit? If so,
state the name and address of each person who made the statement or statements, the name and
address of each person who heard it, and the date, time, place and substance of each statement.
12. 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 model, plat, map
drawing, motion picture, videotape, 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.
5
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13. Identify the date you were first notified of the loss, which forms the basis of the
Complaint, how you were notified and who notified you.
14. Do you intend to call any expert witnesses at the trial of this case? If so, state as to
each such witness the name and business address of the witness, the witness’s qualifications as an
expert, the subject matter upon which the witness is expected to testify, the substance of the facts
and opinions to which the witness is expected to testify, and a summary of the grounds for each
opinion.
15. State the facts upon which you rely for each affirmative defense in your answer.
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____________________________________
AFFIANT
STATE OF FLORIDA )
) SS
COUNTY OF ____________)
BEFORE ME, the undersigned authority, personally appeared
______________________, who, after being duly sworn, and from his/her/their own personal
knowledge, deposes and says that the above Answers to Interrogatories are true and correct to the
best of his/her/their knowledge, information and belief.
SWORN TO AND SUBSCRIBED before me this _______ day of _________________,
2021.
____________________________________
Notary Public, State of Florida
My Commission Expires:
Personally known __________
or
Produced Identification in the form of _______________________________________________
7
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Preview
Filing # 124800139 E-Filed 04/13/2021 10:16:37 AM IN THE CIRCUIT COURT OF THE 16TH JUDICIAL CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO.: PETER CASTELLANOS, Plaintiff, vs. MAISON INSURANCE COMPANY, Defendant. ____________________________________/ NOTICE OF FILING FIRST SET OF INTERROGATORIES TO DEFENDANT COMES NOW the Plaintiff, PETER CASTELLANOS, by and through the undersigned counsel and pursuant to Rule 1.340 of the Florida Rules of Civil Procedure, hereby files this Notice of Filing First Set of Interrogatories to Defendant and requests Defendant to furnish answers to the following Interrogatories to the offices of the undersigned attorney within forty-five (45) days from the date of service hereof: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served with the Summons and Complaint on Defendant. Law Offices of Scott Klotzman, P.A. Attorney for Plaintiff 2001 Tyler Street, Suite 5 Hollywood, Florida 33020 Phone: 954.915.7405 Email: eservice@scottklotzman.com By: /s/ Luis M. Perez Scott Klotzman, Esq. Florida Bar No.: 048099 Luis M. Perez, Esq. Florida Bar No.:72309 4/13/2021 10:16 AM eFiled - Kevin Madok, CPA, Clerk of the Court Page 1 PLAINTIFF’S FIRST SET OF INTERROGATORIES TO DEFENDANT 1. What is the name and address of the person(s) answering these interrogatories, and, if applicable, the person’s official position or relationship with the party to whom the interrogatories are directed? 2. State your complete corporate name, nature of your business, whether you are licensed to do business in the State of Florida, whether you maintain agents for the transacting of your customary business in Monroe County, and whether your name as it appears in the Complaint is correct. 3. State the name and address of each and every person who has knowledge of the reasons that coverage was denied for all or part of this claim and state in detail the factual basis for the denial or refusal to pay Plaintiff’s claim in full. 2 4/13/2021 10:16 AM eFiled - Kevin Madok, CPA, Clerk of the Court Page 2 4. List the names, addresses and telephone numbers of all persons (other than your own agents, representatives or employees) believed or known by you, your agents or attorneys to have any knowledge concerning any of the issues raised by the pleadings, specifying the subject matter about which the witnesses have knowledge and state whether you have obtained any statements (oral, written and/or recorded) from any of said witnesses, list the dates any such witness statements were taken, by whom any such witness statements were taken and who has present possession, custody and control of any such statements. 5. List the names, address and telephone number of all persons who, on your behalf or on behalf or any of your agents, employees, representatives and/or attorneys, have in any way participated in the investigation, evaluation, adjustment or handling of the claim which forms the basis of Plaintiff’s Complaint and specify the nature of the participation for each and every such person along with the dates of their participation. 6. For each decision determining that Plaintiff’s claim was not covered under the policy, please state the date you first decided that the claim was not covered, how you determined that the claim was not covered, the date you arrived at the conclusion that the claim was not covered, the date you first informed Plaintiff that the claim was not covered and the name, address and telephone number of each and every person that possesses any information concerning these matters along with the dates of their participation. 3 4/13/2021 10:16 AM eFiled - Kevin Madok, CPA, Clerk of the Court Page 3 7. Identify the language of the subject insurance policy that you claim excludes or limits coverage with regard to Plaintiff’s claim. 8. Did your underwriting department, or anyone on its behalf, inspect the Plaintiff’s home as a condition to insure the property. If so, please state the name, address and telephone number of the person(s) who conducted such an inspection and the date of said inspection. 9. If you claim that the damaged claimed by Plaintiff pre-date the reported date of loss, please state the factual basis for this contention and identify all documents that support this contention and identify all persons that will testify to this contention. 4 4/13/2021 10:16 AM eFiled - Kevin Madok, CPA, Clerk of the Court Page 4 10. If you allege that Plaintiff failed to perform any conditions precedent, or failed to fulfill any duties after loss, please identify them with specificity, including the date Plaintiff failed to perform, citing the appropriate contractual language which support Plaintiff’s duty to perform and the name, address and phone number of each and every person who can testify to the facts in support of these defenses and state the specific knowledge of each witness. 11. Have you heard or do you know about any statement or remark made by or on behalf of any party to this lawsuit, other than yourself, concerning any issue in this lawsuit? If so, state the name and address of each person who made the statement or statements, the name and address of each person who heard it, and the date, time, place and substance of each statement. 12. 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 model, plat, map drawing, motion picture, videotape, 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. 5 4/13/2021 10:16 AM eFiled - Kevin Madok, CPA, Clerk of the Court Page 5 13. Identify the date you were first notified of the loss, which forms the basis of the Complaint, how you were notified and who notified you. 14. Do you intend to call any expert witnesses at the trial of this case? If so, state as to each such witness the name and business address of the witness, the witness’s qualifications as an expert, the subject matter upon which the witness is expected to testify, the substance of the facts and opinions to which the witness is expected to testify, and a summary of the grounds for each opinion. 15. State the facts upon which you rely for each affirmative defense in your answer. [THIS SPACE INTENTIONALLY LEFT BLANK] 6 4/13/2021 10:16 AM eFiled - Kevin Madok, CPA, Clerk of the Court Page 6 ____________________________________ AFFIANT STATE OF FLORIDA ) ) SS COUNTY OF ____________) BEFORE ME, the undersigned authority, personally appeared ______________________, who, after being duly sworn, and from his/her/their own personal knowledge, deposes and says that the above Answers to Interrogatories are true and correct to the best of his/her/their knowledge, information and belief. SWORN TO AND SUBSCRIBED before me this _______ day of _________________, 2021. ____________________________________ Notary Public, State of Florida My Commission Expires: Personally known __________ or Produced Identification in the form of _______________________________________________ 7 4/13/2021 10:16 AM eFiled - Kevin Madok, CPA, Clerk of the Court Page 7