Preview
Case Number: CACE-21-007709 Division: 02
Filing # 125023441 E-Filed 04/15/2021 04:44:37 PM
IN THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT IN AND
FOR BROWARD COUNTY, FLORIDA
CASE NUMBER:
LOURDES DE LA VEGA AND RIAZ GAYA,
Plaintiffs,
Vv.
CENTAURI SPECIALITY INSURANCE
COMPANY,
Defendant.
/
PLAINTIFF’S FIRST REQUEST TO PRODUCE TO DEFENDANT
Plaintiffs, Lourdes de la Vega and Riaz Gaya, by and through the undersigned counsel,
under Florida Rules of Civil Procedure 1.350 and 1.280(a), submits to Defendant, Centauri
Speciality Insurance Company, the following Request to Produce and requests that Defendant
furnish copies to Plaintiffs at 350 North Lake Destiny Road, Maitland, Florida, 32751, or via E-
Mail, within forty-five (45) days of service of the Complaint herein.
DEFINITIONS AND INSTRUCTIONS
For purposes of this Request to Produce, the following terms and definitions are provided:
1 Plaintiffs: The term “Plaintiffs” as used herein shall mean Lourdes de la Vega and Riaz
Gaya and their representatives as defined below.
Defendant: The term “Defendant” shall mean Centauri Speciality Insurance Company,
whether by that name or any other, and its representatives as defined below.
3 Representatives: The term "representatives" shall mean any and all present or former
partners, agents, employees, servants, officers, directors, attorneys, consultants, sureties,
indemnificators, insurers, independent contractors and other persons acting or purporting
to act on behalf of the entity referred to.
4 You and Your: The terms "you" and "your" shall refer to Defendant (defined above) and
any other person or entity acting or purporting to act on its behalf.
#** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 04/15/2021 04:44:34 PM.**#*
5. Document: The term "document" shall mean any written, printed, typed or other graphic
or photographic matter (including without limitation, photographs, charts, graphs,
microfiche, microfilm, videotapes, recordings and motion pictures and data stored on a
computer disc or computer hard drive) and shall include the originals, identical copies
and all non-identical copies, whether different from the original by reason of any notation
made on each copy or otherwise and shall include, without limiting the generality of the
foregoing, all letters, telegrams, teletypes, correspondence, contracts, agreements, notes,
mechanical and electronic sound recordings and transcripts thereof (including, without
limitation, tapes, cassettes and discs), computer records, computer printouts, other printed
matter produced through computers, calendar and diary entries, memoranda, notes and
records of all telephone or personal conversations, meetings and other communication,
inter-office and intra-office communications, statements, manuals, summaries and
compilations, minutes of meetings, charges, maps, reports, analysis, studies, graphs,
prospectus, returns, statistics, pamphlets, books, offers, bulletins, order papers, articles,
catalogs, records, tables, books of account, ledgers, vouchers, canceled checks, invoices,
bills, receipts, tickets, worksheets and all drafts, alterations, modifications and changes to
any of the foregoing, as well as all digitally stored and generated documents and notes.
Communication: The term "communication" as used herein shall mean any contact
between or among the parties indicated, including but not limited to, all documents
(defined above), telephone or personal conversations, meetings, e-mails or electronic
contacts, conferences and discussions. Once identified, a communication may be
subsequently identified by use of a common description.
7. Identify: The term “identify” when used with reference to a person shall mean to:
a. State the full name of the person;
b. State the full name of the last known employer of the person;
Cc. State the last known occupation or title of the person with such employer;
d State the last known business telephone number of the person;
€. State the last known home address of the person; and
f. State the last known home telephone number of the person.
Once identified, a person may be subsequently identified by uniform use of a standard name.
8. Identify: The term “identify” when used with reference to a document shall mean to:
State a complete description of the document;
Identify the person who prepared the document;
State the date on which the document was prepared;
State the location at which the document was prepared; and
Identify the person who presently has care, custody and control of the
document.
Once identified, a document may be subsequently identified by uniform use of a standard
description.
9. Person: The term “person” as used herein shall mean a natural person other than an
entity and shall be construed to include groups of natural persons.
INSTRUCTIONS
Should Defendant object to a Request to Produce or not respond pursuant to a claim of
privilege, Defendant is required to:
a. State the basis of the claim of privilege;
b. Identify the subject matter of the information to which a claim of privilege is
made;
Identify all persons or entities who have had access to or claimed to be
privileged or were present when the privileged information was discussed, and
Identify all persons or entities to which the privileged information has been
disclosed.
PLAINTIFF’S FIRST REQUEST TO PRODUCE TO DEFENDANT
1 A true and correct copy of all DEC pages and the full and complete insurance
policy(s) referenced in Plaintiffs’ Complaint and a sworn statement of a corporate officer of
Defendant attesting to the coverage and authenticity of the policy.
RESPONSE:
2. A copy of any and all other DEC pages and insurance policy(s) that may provide
coverage to either Plaintiff for the damages claimed in Plaintiffs’ Complaint.
RESPONSE:
3 A copy of each and every document (defined above) that you reasonably
anticipate may be introduced into evidence at the trial of this matter.
RESPONSE:
4 A copy of any and all documents that you allege may support any affirmative
defense which you have raised in this matter.
RESPONSE:
5 A copy of any and all documents that you allege may support any Motion to
Dismiss which you have filed in this matter.
RESPONSE:
6. Copies of any and all statements, and any transcripts from any person who has
knowledge of the facts in this matter including any expert witness or Defendant (defined above)
herein.
RESPONSE:
7
Copies of any and all recorded statement(s) and telephone conversations, as well
as any transcripts for the same that have been reduced to writing and/or transcribed, including
but not limited to Examinations Under Oath, which were taken of or provided by any insured or
their representatives (defined above) that are in your possession or control.
RESPONSE:
8 Copies of any and all recorded statement(s) and telephone conversations, as well
as any transcripts for the same that have been reduced to writing and/or transcribed, which were
taken of or provided by any witness that are in your possession or control.
RESPONSE:
9 Each and every document, report, chart, graph, object, summary, compilation of
data or other thing relied upon by any of your experts, in whole or in part, in the formulation of
any opinions and conclusion in this case.
RESPONSE:
10. Copies of any photographs of Plaintiffs’ Property located at 6195 SW 160th
Terrace, Davie, FL 33331 which are in your possession or control.
RESPONSE:
11. Copies of any photographs that reflect any damage at Plaintiffs’ Property located
at 6195 SW 160th Terrace, Davie, FL 33331 that are in your possession or control.
RESPONSE:
12. Copies of any photographs of any work performed at Plaintiffs’ Property located
at 6195 SW 160th Terrace, Davie, FL 33331 that are in your possession or control.
RESPONSE:
13. Copies of any and all estimates and damage appraisals and other documents
(defined above) referencing damage appraisals regarding Plaintiffs’ Property located at 6195 SW
160th Terrace, Davie, FL 33331 that are in your possession or control.
RESPONSE:
14. Copies of any and all documents (defined above) upon which you based any
denials of coverage for the loss described in Plaintiffs’ Complaint.
RESPONSE:
15. Copies of any and all documents (defined above) upon which you based any
denials of all or part of the amount of loss claimed by Plaintiffs.
RESPONSE:
16. If there are any denials of insurance coverage by Defendant, then copies are
requested of any and all applications for insurance, insurance forms, data sheets, correspondence,
notices, facsimile, e-mails and other documents (defined above) that reference in any way any
the insurance policy at issue in this matter.
RESPONSE:
17. Copies of any and all correspondence, facsimile, notices, e-mails and other
documents (defined above) that reference in any way any notices that you provided to Plaintiffs
regarding cancellation of the insurance policy at issue in this matter.
RESPONSE:
18. Copies of all PORS, Proof of Mailing and other documents (defined above) that
reflect in any way mailings made by you to Plaintiffs regarding cancellation of the policy of
insurance at issue in this matter.
RESPONSE:
19. All reports and current curriculum vitae from any expert(s) retained by you for
any reason regarding Plaintiffs’ claim.
RESPONSE:
20. Any and all e-mails, letters, facsimile, and other correspondence regarding any
claims made by Plaintiffs for homeowners insurance benefits as a result of the wind event of
April 26, 2020, including but not limited to, correspondence with experts, independent adjusters,
appraisers, inspectors, and any other third party.
RESPONSE:
21. All documents reflecting any payment made to any person (defined above) or
entity for any reason as a result of the wind event described in Plaintiffs’ Complaint.
RESPONSE:
22. All books, treaties or authority used by Defendant’s adjuster in determining what
amount to pay or deny regarding the claim at issue.
RESPONSE:
23. All writings, memoranda, notes or other materials reflecting examination of
Plaintiffs’ Property by Defendant or its agents.
RESPONSE:
24. All proofs of loss received by Defendant from Plaintiffs.
RESPONSE:
25. All estimates received by Defendant from any source for repairs to Plaintiffs’
Property.
RESPONSE:
26. Defendant’s latest claims manual or statement of policies and procedures on the
processing or handling of homeowner’s claims.
RESPONSE:
27. Any training manuals, guides and documents that Defendant has provided to its
adjusters regarding adjusting wind damage claims from the past three years to the present.
RESPONSE:
28. Copies of any peer reviews, estimates, or comparative estimates generated by
anyone on Defendant’s behalf regarding the amount of loss at issue.
RESPONSE:
29. All documents showing the total amount paid during the past three years to any
third parties providing services, analyses, or opinions regarding Plaintiffs’ claim.
RESPONSE:
30. A copy of the contract/agreement/document (if any) that Defendant has with
anyone, including but not limited to contractors, engineers, adjusters, or experts, who may
provide testimony at the trial of this matter.
RESPONSE:
31. A copy of each resume, curriculum vitae, and other document listing the
qualifications of each and every expert and/or consultant hired by you or your representatives
(defined above) who may testify at trial.
RESPONSE:
32. All documents that relate to the drafting, meaning, and interpretation of any
language, terms, or provisions, used in the policy at issue.
RESPONSE:
33. Pursuant to Fla. R. Civ. P. 1.310(b)(6), please produce three (3) alternative dates
for deposition to occur no earlier than thirty (30) days but no later than one hundred-twenty (120)
days from service for the deposition of the corporate representative(s) with the most knowledge
of the claim asserted by the Plaintiffs’ Complaint as well as the individual(s) primarily
responsible for the decision to deny indemnifying Plaintiffs’ amount of loss. A designation of
the information upon which such examination will proceed will be provided under separate
cover.
RESPONSE:
34. Copies of any and all notices sent by you or your representatives (defined above)
to any insured to participate in a mediation program under Fla. Stat.§ 627.7015 and copies of any
and all PORS, Proof of Mailing and other documents (defined above) which reflect in any way
mailings made by you to any insured regarding the same.
RESPONSE:
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this document will be served on
Defendant along with the Summons and the Complaint in this action.
Date: April 15, 2021
/s/Adam Chappel
COHEN LAW GROUP
Adam Chappel, Esq.
Florida Bar Number: 0126830
FOR THE FIRM
350 North Lake Destiny Road
Maitland, Florida 32751
Phone: (407) 478-4878
Fax: (407) 478-0204
Primary: achappel@itsaboutjustice.law
Secondary: Jephte@itsaboutjustice.law
Preview
Case Number: CACE-21-007709 Division: 02 Filing # 125023441 E-Filed 04/15/2021 04:44:37 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NUMBER: LOURDES DE LA VEGA AND RIAZ GAYA, Plaintiffs, Vv. CENTAURI SPECIALITY INSURANCE COMPANY, Defendant. / PLAINTIFF’S FIRST REQUEST TO PRODUCE TO DEFENDANT Plaintiffs, Lourdes de la Vega and Riaz Gaya, by and through the undersigned counsel, under Florida Rules of Civil Procedure 1.350 and 1.280(a), submits to Defendant, Centauri Speciality Insurance Company, the following Request to Produce and requests that Defendant furnish copies to Plaintiffs at 350 North Lake Destiny Road, Maitland, Florida, 32751, or via E- Mail, within forty-five (45) days of service of the Complaint herein. DEFINITIONS AND INSTRUCTIONS For purposes of this Request to Produce, the following terms and definitions are provided: 1 Plaintiffs: The term “Plaintiffs” as used herein shall mean Lourdes de la Vega and Riaz Gaya and their representatives as defined below. Defendant: The term “Defendant” shall mean Centauri Speciality Insurance Company, whether by that name or any other, and its representatives as defined below. 3 Representatives: The term "representatives" shall mean any and all present or former partners, agents, employees, servants, officers, directors, attorneys, consultants, sureties, indemnificators, insurers, independent contractors and other persons acting or purporting to act on behalf of the entity referred to. 4 You and Your: The terms "you" and "your" shall refer to Defendant (defined above) and any other person or entity acting or purporting to act on its behalf. #** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 04/15/2021 04:44:34 PM.**#* 5. Document: The term "document" shall mean any written, printed, typed or other graphic or photographic matter (including without limitation, photographs, charts, graphs, microfiche, microfilm, videotapes, recordings and motion pictures and data stored on a computer disc or computer hard drive) and shall include the originals, identical copies and all non-identical copies, whether different from the original by reason of any notation made on each copy or otherwise and shall include, without limiting the generality of the foregoing, all letters, telegrams, teletypes, correspondence, contracts, agreements, notes, mechanical and electronic sound recordings and transcripts thereof (including, without limitation, tapes, cassettes and discs), computer records, computer printouts, other printed matter produced through computers, calendar and diary entries, memoranda, notes and records of all telephone or personal conversations, meetings and other communication, inter-office and intra-office communications, statements, manuals, summaries and compilations, minutes of meetings, charges, maps, reports, analysis, studies, graphs, prospectus, returns, statistics, pamphlets, books, offers, bulletins, order papers, articles, catalogs, records, tables, books of account, ledgers, vouchers, canceled checks, invoices, bills, receipts, tickets, worksheets and all drafts, alterations, modifications and changes to any of the foregoing, as well as all digitally stored and generated documents and notes. Communication: The term "communication" as used herein shall mean any contact between or among the parties indicated, including but not limited to, all documents (defined above), telephone or personal conversations, meetings, e-mails or electronic contacts, conferences and discussions. Once identified, a communication may be subsequently identified by use of a common description. 7. Identify: The term “identify” when used with reference to a person shall mean to: a. State the full name of the person; b. State the full name of the last known employer of the person; Cc. State the last known occupation or title of the person with such employer; d State the last known business telephone number of the person; €. State the last known home address of the person; and f. State the last known home telephone number of the person. Once identified, a person may be subsequently identified by uniform use of a standard name. 8. Identify: The term “identify” when used with reference to a document shall mean to: State a complete description of the document; Identify the person who prepared the document; State the date on which the document was prepared; State the location at which the document was prepared; and Identify the person who presently has care, custody and control of the document. Once identified, a document may be subsequently identified by uniform use of a standard description. 9. Person: The term “person” as used herein shall mean a natural person other than an entity and shall be construed to include groups of natural persons. INSTRUCTIONS Should Defendant object to a Request to Produce or not respond pursuant to a claim of privilege, Defendant is required to: a. State the basis of the claim of privilege; b. Identify the subject matter of the information to which a claim of privilege is made; Identify all persons or entities who have had access to or claimed to be privileged or were present when the privileged information was discussed, and Identify all persons or entities to which the privileged information has been disclosed. PLAINTIFF’S FIRST REQUEST TO PRODUCE TO DEFENDANT 1 A true and correct copy of all DEC pages and the full and complete insurance policy(s) referenced in Plaintiffs’ Complaint and a sworn statement of a corporate officer of Defendant attesting to the coverage and authenticity of the policy. RESPONSE: 2. A copy of any and all other DEC pages and insurance policy(s) that may provide coverage to either Plaintiff for the damages claimed in Plaintiffs’ Complaint. RESPONSE: 3 A copy of each and every document (defined above) that you reasonably anticipate may be introduced into evidence at the trial of this matter. RESPONSE: 4 A copy of any and all documents that you allege may support any affirmative defense which you have raised in this matter. RESPONSE: 5 A copy of any and all documents that you allege may support any Motion to Dismiss which you have filed in this matter. RESPONSE: 6. Copies of any and all statements, and any transcripts from any person who has knowledge of the facts in this matter including any expert witness or Defendant (defined above) herein. RESPONSE: 7 Copies of any and all recorded statement(s) and telephone conversations, as well as any transcripts for the same that have been reduced to writing and/or transcribed, including but not limited to Examinations Under Oath, which were taken of or provided by any insured or their representatives (defined above) that are in your possession or control. RESPONSE: 8 Copies of any and all recorded statement(s) and telephone conversations, as well as any transcripts for the same that have been reduced to writing and/or transcribed, which were taken of or provided by any witness that are in your possession or control. RESPONSE: 9 Each and every document, report, chart, graph, object, summary, compilation of data or other thing relied upon by any of your experts, in whole or in part, in the formulation of any opinions and conclusion in this case. RESPONSE: 10. Copies of any photographs of Plaintiffs’ Property located at 6195 SW 160th Terrace, Davie, FL 33331 which are in your possession or control. RESPONSE: 11. Copies of any photographs that reflect any damage at Plaintiffs’ Property located at 6195 SW 160th Terrace, Davie, FL 33331 that are in your possession or control. RESPONSE: 12. Copies of any photographs of any work performed at Plaintiffs’ Property located at 6195 SW 160th Terrace, Davie, FL 33331 that are in your possession or control. RESPONSE: 13. Copies of any and all estimates and damage appraisals and other documents (defined above) referencing damage appraisals regarding Plaintiffs’ Property located at 6195 SW 160th Terrace, Davie, FL 33331 that are in your possession or control. RESPONSE: 14. Copies of any and all documents (defined above) upon which you based any denials of coverage for the loss described in Plaintiffs’ Complaint. RESPONSE: 15. Copies of any and all documents (defined above) upon which you based any denials of all or part of the amount of loss claimed by Plaintiffs. RESPONSE: 16. If there are any denials of insurance coverage by Defendant, then copies are requested of any and all applications for insurance, insurance forms, data sheets, correspondence, notices, facsimile, e-mails and other documents (defined above) that reference in any way any the insurance policy at issue in this matter. RESPONSE: 17. Copies of any and all correspondence, facsimile, notices, e-mails and other documents (defined above) that reference in any way any notices that you provided to Plaintiffs regarding cancellation of the insurance policy at issue in this matter. RESPONSE: 18. Copies of all PORS, Proof of Mailing and other documents (defined above) that reflect in any way mailings made by you to Plaintiffs regarding cancellation of the policy of insurance at issue in this matter. RESPONSE: 19. All reports and current curriculum vitae from any expert(s) retained by you for any reason regarding Plaintiffs’ claim. RESPONSE: 20. Any and all e-mails, letters, facsimile, and other correspondence regarding any claims made by Plaintiffs for homeowners insurance benefits as a result of the wind event of April 26, 2020, including but not limited to, correspondence with experts, independent adjusters, appraisers, inspectors, and any other third party. RESPONSE: 21. All documents reflecting any payment made to any person (defined above) or entity for any reason as a result of the wind event described in Plaintiffs’ Complaint. RESPONSE: 22. All books, treaties or authority used by Defendant’s adjuster in determining what amount to pay or deny regarding the claim at issue. RESPONSE: 23. All writings, memoranda, notes or other materials reflecting examination of Plaintiffs’ Property by Defendant or its agents. RESPONSE: 24. All proofs of loss received by Defendant from Plaintiffs. RESPONSE: 25. All estimates received by Defendant from any source for repairs to Plaintiffs’ Property. RESPONSE: 26. Defendant’s latest claims manual or statement of policies and procedures on the processing or handling of homeowner’s claims. RESPONSE: 27. Any training manuals, guides and documents that Defendant has provided to its adjusters regarding adjusting wind damage claims from the past three years to the present. RESPONSE: 28. Copies of any peer reviews, estimates, or comparative estimates generated by anyone on Defendant’s behalf regarding the amount of loss at issue. RESPONSE: 29. All documents showing the total amount paid during the past three years to any third parties providing services, analyses, or opinions regarding Plaintiffs’ claim. RESPONSE: 30. A copy of the contract/agreement/document (if any) that Defendant has with anyone, including but not limited to contractors, engineers, adjusters, or experts, who may provide testimony at the trial of this matter. RESPONSE: 31. A copy of each resume, curriculum vitae, and other document listing the qualifications of each and every expert and/or consultant hired by you or your representatives (defined above) who may testify at trial. RESPONSE: 32. All documents that relate to the drafting, meaning, and interpretation of any language, terms, or provisions, used in the policy at issue. RESPONSE: 33. Pursuant to Fla. R. Civ. P. 1.310(b)(6), please produce three (3) alternative dates for deposition to occur no earlier than thirty (30) days but no later than one hundred-twenty (120) days from service for the deposition of the corporate representative(s) with the most knowledge of the claim asserted by the Plaintiffs’ Complaint as well as the individual(s) primarily responsible for the decision to deny indemnifying Plaintiffs’ amount of loss. A designation of the information upon which such examination will proceed will be provided under separate cover. RESPONSE: 34. Copies of any and all notices sent by you or your representatives (defined above) to any insured to participate in a mediation program under Fla. Stat.§ 627.7015 and copies of any and all PORS, Proof of Mailing and other documents (defined above) which reflect in any way mailings made by you to any insured regarding the same. RESPONSE: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this document will be served on Defendant along with the Summons and the Complaint in this action. Date: April 15, 2021 /s/Adam Chappel COHEN LAW GROUP Adam Chappel, Esq. Florida Bar Number: 0126830 FOR THE FIRM 350 North Lake Destiny Road Maitland, Florida 32751 Phone: (407) 478-4878 Fax: (407) 478-0204 Primary: achappel@itsaboutjustice.law Secondary: Jephte@itsaboutjustice.law