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Case Number: CACE-21-007480 Division: 08
Filing # 124860039 E-Filed 04/13/2021 05:12:28 PM
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO.
TAPCO RESTAURANT GROUP, LLC,
TAP 42 MIAMI, LLC, TAP 42 GABLES,
LLC, TAP 42 BOCA, LLC, TAP 42
AVENTURA, LLC, TAP 42 CORAL
SPRINGS, LLC, AND TAP 42 DORAL,
LLC,
Plaintiffs,
Vv.
CERTAIN UNDERWRITERS AT LLOYD’S
LONDON SUBSCRIBING POLICY NO.
AVS011203702, HDI GLOBAL SPECIALTY SE,
AND INDIAN HARBOR INSURANCE CO.,
Defendants.
PLAINTIFFS’ FIRST REQUEST FOR PRODUCTION TO DEFENDANT
Plaintiffs, TAPCO RESTAURANT GROUP, LLC (“Tapco”), TAP 42 MIAMI, LLC
(“Tap 42 Miami”), TAP 42 GABLES, LLC (“Tap 42 Gables”), TAP 42 BOCA, LLC (“Tap 42
Boca”), TAP 42 AVENTURA, LLC (“Tap 42 Aventura”), TAP 42 CORAL SPRINGS, LLC (“Tap
42 Coral Springs”), AND TAP 42 DORAL, LLC (“Tap 42 Doral”), (collectively “Plaintiffs”,
pursuant to Fla. R. Civ. P. 1.350, hereby request that the Defendant, INDIAN HARBOR
INSURANCE CO, (“Defendant”), produce the following items for inspection and copying at the
offices of its counsel within the timeframe specified by the Florida Rules of Civil Procedure:
1. All policies of insurance to which the Plaintiffs are named insureds or additional
payees, together with any declaration of coverage pages, and any additional addendums thereto.
CONRAD & SCHERER, LLP, 633 SOUTH FEDERAL HIGHWAY, FT. LAUDERDALE, FL 33301, TEL. (954) 462-5500
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*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 04/13/2021 05:12:24 PM.****2. Any and all correspondence to or from any attorney representing the Plaintiffs,
and any and all documents attached to said correspondence, pertaining to Plaintiffs’ insurance
claims with Defendant, including but not limited to Plaintiffs’ claim.
3. Any and all correspondence to or from any public adjuster representing the
Plaintiffs, and any and all documents attached to said correspondence, pertaining to Plaintiffs’
insurance claims with Defendant, including but not limited to Plaintiffs’ claim.
4. Any and all correspondence to or from the Plaintiffs, and any and all documents
attached to said correspondence, pertaining to Plaintiffs’ insurance claims with Defendant,
including but not limited to Plaintiffs’ claim.
5. Any and all documents of whatever nature and kind submitted by the Plaintiffs
and/or their agents, public adjusters and/or attorneys, etc., to the Defendant, its agents, servants
and/or employees in regard to the subjectloss.
6. Any and all documents which Defendant considered or relied upon in
determining the benefits due or not due to Plaintiffs in regards to the claims made.
7. 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 Plaintiffs’ claim.
8. Any and all photographs, recordings , charts, graphs, sketches and any other
tangible items or documentary evidence which Defendant intends to use during the trial in
this cause and which have not been produced in response to any of the preceding paragraphs.
9. Copy of the Defendant's entire claim file, including front and back cover, for
Plaintiffs’ claim as it is kept in the normal course of business, excluding any documents to
CONRAD & SCHERER, LLP, 633 SOUTH FEDERAL HIGHWAY, FT. LAUDERDALE, FL 33301, TEL. (954) 462-5500
2which 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.
10. The Defendant's entire claim file up from the date of the initial notice of the
loss until the day before the Defendant knew that Defendant was going to deny or litigate the
claim.
11. Any and all documents relating to or supporting Defendant's denial of any
allegation of Plaintiffs’ complaint, and relating to or supporting each affirmative or general
defense asserted by Defendant.
12. 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.
13. 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.
14. Any and all documents by and between the Defendant and its investigators,
insurance adjusters and appraisers relating to the subject matter of the Complaint.
15. Any and all expert reports including but not limited to reports regarding cause
and origin, estimates for repair and/or replacement, damage to the Plaintiffs’ property in
CONRAD & SCHERER, LLP, 633 SOUTH FEDERAL HIGHWAY, FT. LAUDERDALE, FL 33301, TEL. (954) 462-5500
3question, 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.
16. 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.
17. 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).
18. A copy of any and all reports by any personnel hired by the Defendant to
examine and/or evaluate any of the claims asserted by the Plaintiffs.
CONRAD & SCHERER, LLP, 633 SOUTH FEDERAL HIGHWAY, FT. LAUDERDALE, FL 33301, TEL. (954) 462-5500
4CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been electronically
filed with the Clerk of Court this 13" day of April, 2021, and a copy has been served along with a
copy of the Complaint and First Set of Interrogatories.
Respectfully submitted,
/s/ Kyle S. Roberts
Steven H. Osber, Esq.
Florida Bar No. 086088
Kyle S. Roberts, Esq.
Florida Bar No. 118401
CONRAD & SCHERER, LLP
633 South Federal Highway
Fort Lauderdale, FL 33301
Tel: (954) 462-5500 | Fax: (954) 463-9244
Eservice: kroberts@conradscherer.com
JLira@conradscherer.com
sosber@conradscherer.com
AThomas@conradscherer.com
eservice@conradscherer.com
Attorneys for Plaintiffs
CONRAD & SCHERER, LLP, 633 SOUTH FEDERAL HIGHWAY, FT. LAUDERDALE, FL 33301, TEL. (954) 462-5500
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Preview
Case Number: CACE-21-007480 Division: 08 Filing # 124860039 E-Filed 04/13/2021 05:12:28 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO. TAPCO RESTAURANT GROUP, LLC, TAP 42 MIAMI, LLC, TAP 42 GABLES, LLC, TAP 42 BOCA, LLC, TAP 42 AVENTURA, LLC, TAP 42 CORAL SPRINGS, LLC, AND TAP 42 DORAL, LLC, Plaintiffs, Vv. CERTAIN UNDERWRITERS AT LLOYD’S LONDON SUBSCRIBING POLICY NO. AVS011203702, HDI GLOBAL SPECIALTY SE, AND INDIAN HARBOR INSURANCE CO., Defendants. PLAINTIFFS’ FIRST REQUEST FOR PRODUCTION TO DEFENDANT Plaintiffs, TAPCO RESTAURANT GROUP, LLC (“Tapco”), TAP 42 MIAMI, LLC (“Tap 42 Miami”), TAP 42 GABLES, LLC (“Tap 42 Gables”), TAP 42 BOCA, LLC (“Tap 42 Boca”), TAP 42 AVENTURA, LLC (“Tap 42 Aventura”), TAP 42 CORAL SPRINGS, LLC (“Tap 42 Coral Springs”), AND TAP 42 DORAL, LLC (“Tap 42 Doral”), (collectively “Plaintiffs”, pursuant to Fla. R. Civ. P. 1.350, hereby request that the Defendant, INDIAN HARBOR INSURANCE CO, (“Defendant”), produce the following items for inspection and copying at the offices of its counsel within the timeframe specified by the Florida Rules of Civil Procedure: 1. All policies of insurance to which the Plaintiffs are named insureds or additional payees, together with any declaration of coverage pages, and any additional addendums thereto. CONRAD & SCHERER, LLP, 633 SOUTH FEDERAL HIGHWAY, FT. LAUDERDALE, FL 33301, TEL. (954) 462-5500 1 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 04/13/2021 05:12:24 PM.****2. Any and all correspondence to or from any attorney representing the Plaintiffs, and any and all documents attached to said correspondence, pertaining to Plaintiffs’ insurance claims with Defendant, including but not limited to Plaintiffs’ claim. 3. Any and all correspondence to or from any public adjuster representing the Plaintiffs, and any and all documents attached to said correspondence, pertaining to Plaintiffs’ insurance claims with Defendant, including but not limited to Plaintiffs’ claim. 4. Any and all correspondence to or from the Plaintiffs, and any and all documents attached to said correspondence, pertaining to Plaintiffs’ insurance claims with Defendant, including but not limited to Plaintiffs’ claim. 5. Any and all documents of whatever nature and kind submitted by the Plaintiffs and/or their agents, public adjusters and/or attorneys, etc., to the Defendant, its agents, servants and/or employees in regard to the subjectloss. 6. Any and all documents which Defendant considered or relied upon in determining the benefits due or not due to Plaintiffs in regards to the claims made. 7. 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 Plaintiffs’ claim. 8. Any and all photographs, recordings , charts, graphs, sketches and any other tangible items or documentary evidence which Defendant intends to use during the trial in this cause and which have not been produced in response to any of the preceding paragraphs. 9. Copy of the Defendant's entire claim file, including front and back cover, for Plaintiffs’ claim as it is kept in the normal course of business, excluding any documents to CONRAD & SCHERER, LLP, 633 SOUTH FEDERAL HIGHWAY, FT. LAUDERDALE, FL 33301, TEL. (954) 462-5500 2which 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. 10. The Defendant's entire claim file up from the date of the initial notice of the loss until the day before the Defendant knew that Defendant was going to deny or litigate the claim. 11. Any and all documents relating to or supporting Defendant's denial of any allegation of Plaintiffs’ complaint, and relating to or supporting each affirmative or general defense asserted by Defendant. 12. 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. 13. 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. 14. Any and all documents by and between the Defendant and its investigators, insurance adjusters and appraisers relating to the subject matter of the Complaint. 15. Any and all expert reports including but not limited to reports regarding cause and origin, estimates for repair and/or replacement, damage to the Plaintiffs’ property in CONRAD & SCHERER, LLP, 633 SOUTH FEDERAL HIGHWAY, FT. LAUDERDALE, FL 33301, TEL. (954) 462-5500 3question, 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. 16. 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. 17. 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). 18. A copy of any and all reports by any personnel hired by the Defendant to examine and/or evaluate any of the claims asserted by the Plaintiffs. CONRAD & SCHERER, LLP, 633 SOUTH FEDERAL HIGHWAY, FT. LAUDERDALE, FL 33301, TEL. (954) 462-5500 4CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been electronically filed with the Clerk of Court this 13" day of April, 2021, and a copy has been served along with a copy of the Complaint and First Set of Interrogatories. Respectfully submitted, /s/ Kyle S. Roberts Steven H. Osber, Esq. Florida Bar No. 086088 Kyle S. Roberts, Esq. Florida Bar No. 118401 CONRAD & SCHERER, LLP 633 South Federal Highway Fort Lauderdale, FL 33301 Tel: (954) 462-5500 | Fax: (954) 463-9244 Eservice: kroberts@conradscherer.com JLira@conradscherer.com sosber@conradscherer.com AThomas@conradscherer.com eservice@conradscherer.com Attorneys for Plaintiffs CONRAD & SCHERER, LLP, 633 SOUTH FEDERAL HIGHWAY, FT. LAUDERDALE, FL 33301, TEL. (954) 462-5500 5