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Case Number: CACE-21-007773 Division: 14
Filing # 125059987 E-Filed 04/16/2021 11:32:03 AM 3075
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
MARCIA SAMPSON & HERMAN FEARIN,
CASE NO.:
Plaintiff,
vs.
CITIZENS PROPERTY INSURANCE CORPORATION,
Defendant.
PLAINTIFFS’ FIRST SET OF INTERROGATORIES TO DEFENDANT
The Plaintiff, Marcia Sampson & Herman Fearin (“Plaintiffs”), by and through
undersigned counsel, and pursuant to Fla. R. Civ. P. 1.340, and hereby propounds his or her First
Set of Interrogatories on the Defendant, along with a copy thereof, and requests that same be
answered under oath within the timeframe specified by the Florida Rules of Civil Procedure.
CERTIFICATE OF SERVICE
J HEREBY CERTIFY that a true and correct copy of the foregoing will be served upon the
Defendant with the effectuation of service of process in this action.
Respectfully submitted April 16, 2021.
LITIGATION & RECOVERY LAW CENTER, PL
16375 NE 18th Avenue, Suite 321
North Miami Beach, Florida 33162
Phone: (305) 760-2314 | Fax (305) 760-2498
Primary email: alex@LRLC legal
Secondary email: service@LRLC legal
By: /s/ Alex Stern
Alex Stern, Esquire
Fla. Bar No: 19592
LITIGATION & RECOVERY LAW CENTER, PL
16375 NE 18" Avenue - Suite 321 - North Miami Beach, Florida 33162 - 305-760-2314 - 305-760-2498 (fax)
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 04/16/2021 11:31:58 AM.****3075
INTERROGATORIES
1. Please state the full name, occupation, present residence and business address of
the person answering these interrogatories and anyone who assisted in answering same.
ANSWER:
2. Please state the basis in the insurance policy, in relation to the facts and applicable
law, for your decision to pay less than the entire amount of the claim presented by the insured.
ANSWER:
3. Please describe each document upon which you rely for your decision to pay less
than the entire amount claimed by the insured, with sufficient particularity to allow their
description in a Request for Production.
ANSWER:
4. Please describe all facts and circumstances giving rise to each of your defenses
and affirmative defenses in this matter.
ANSWER:
5. Please describe the basis in the insurance policy in relation to the facts and
applicable law for each of your defenses and the affirmative defenses in this matter.
ANSWER:
Page 2 of 6
LITIGATION & RECOVERY LAW CENTER, PL
16375 NE 18" Avenue : Suite 321 - North Miami Beach, Florida 33162 - 305-760-2314 - 305-760-2498 (fax)3075
6. Please list the name, address, and telephone number of all witnesses who have
knowledge of the basis for, or the facts and circumstances giving rise to, each of your
Affirmative Defenses in this matter, and please describe each document on which you rely for
each Affirmative Defense or which is related to same, with sufficient particularity to allow a
description in a Request for Production.
ANSWER:
7. Please state with specificity all actions taken by the Defendant with regard to the
evaluation and investigation the subject claim.
ANSWER:
8. Please list the names and addresses of any and all persons with whom the
Defendant, and/or any of their agents, servants or employees obtained a statement, either oral,
recorded or written, and state the date the statement was taken, and whether the statement was
oral, recorded or written, and who is in possession of said statement.
ANSWER:
9. Please state with specificity any and all defenses the Defendant asserts to
Plaintiff's Complaint, outlining all individuals who will testify in support thereof, listing any and
all documents which support each defense and outlining any and all evidence the Defendant has
to support to said defense.
ANSWER:
Page 3 of 6
LITIGATION & RECOVERY LAW CENTER, PL
16375 NE 18" Avenue : Suite 321 - North Miami Beach, Florida 33162 - 305-760-2314 - 305-760-2498 (fax)3075
10. Please state with specificity whether the Defendant, its agents, servants, experts
and/or employees removed any items from the subject premises, and if so, please specify which
items were removed; when said items were removed; where said items are presently; and
whether or not you had the insured’s permission to remove said item(s).
ANSWER:
11. Please state when you received Plaintiff's sworn proof(s) of loss relative to the
subject claim, if it was rejected, the date they were rejected and the basis for rejection. Please
delineate any and all applicable insurance policy provisions and/or documentation you relied
upon relative to the rejection of any and all sworn proof of loss submitted by the Plaintiffs
herein.
ANSWER:
12. Please state if you contend or assert that any information and/or documentation
necessary for you to complete your investigation or evaluation of the subject claim has not been
provided to you, specifying the particular documents or information and why said documentation
and/or information is relevant, material and/or necessary to pay the Plaintiff in whole or part for
any of the damages claimed to be sustained.
ANSWER:
13. Please describe the experience, training and educational background of each
person who investigated, evaluated, managed and/or reviewed or otherwise handled Plaintiffs’
claim, or rendered any written or oral report regarding the claim.
ANSWER:
Page 4 of 6
LITIGATION & RECOVERY LAW CENTER, PL
16375 NE 18" Avenue : Suite 321 - North Miami Beach, Florida 33162 - 305-760-2314 - 305-760-2498 (fax)3075
14. For each person who may or is expected by you, your attorney or any
representative of yours, to testify as an expert witness during trial of this matter, please state-the
(A) name, (B) professional address, (C) home address, (D) professional occupation, (E) specialty
field, (F) all qualifications enabling him/her to render an opinion in this cause, (G) the subject
matter he/she is expected to testify on, and (H) any and all opinions he/she has rendered in regard
to the subject matter of this litigation outlining each fact or facts determined the substance of the
facts relied upon and a summary of grounds of each opinion.
ANSWER:
15. Please state whether the expert rendered any report to you with regard to the
subject matter of this litigation and if so, sufficiently describe the reports so that the Plaintiffs
can propound a request for Production for same.
ANSWER:
16. Please state whether the Defendant has evaluated the damages caused by the
subject claim, and if so, please state with specificity who performed the evaluation and/or
estimate; when said evaluation or estimate was performed; and the amount of damages the
Defendant agrees were caused by the subject claim, outlining the basis for same.
ANSWER:
17. Please list the names and addresses of all persons who are believed or known by
you, your agents or attorneys, to have any knowledge concerning any of the issues raised by the
pleadings, and specify the subject matter about which the witness has knowledge.
ANSWER:
Page 5 of 6
LITIGATION & RECOVERY LAW CENTER, PL
16375 NE 18" Avenue : Suite 321 - North Miami Beach, Florida 33162 - 305-760-2314 - 305-760-2498 (fax)3075
VERIFICATION
SWORN AND SUBSCRIBED TO By:
Print Name:
STATE OF }
COUNTY OF } ;
BEFORE ME, the undersigned authority, by means of [ ] physical presence or [ ] online
notarization, on this _— day of 20 by
, who is personally known to me or who produced
as identification, and who after taking an oath has
deposed and said that he is authorized to answer these interrogatories on behalf of the Defendant
and that said answers are true and correct based upon his own personal knowledge.
Notary Public, State of Florida
Page 6 of 6
LITIGATION & RECOVERY LAW CENTER, PL
16375 NE 18" Avenue : Suite 321 - North Miami Beach, Florida 33162 - 305-760-2314 - 305-760-2498 (fax)
Preview
Case Number: CACE-21-007773 Division: 14 Filing # 125059987 E-Filed 04/16/2021 11:32:03 AM 3075 IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA MARCIA SAMPSON & HERMAN FEARIN, CASE NO.: Plaintiff, vs. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. PLAINTIFFS’ FIRST SET OF INTERROGATORIES TO DEFENDANT The Plaintiff, Marcia Sampson & Herman Fearin (“Plaintiffs”), by and through undersigned counsel, and pursuant to Fla. R. Civ. P. 1.340, and hereby propounds his or her First Set of Interrogatories on the Defendant, along with a copy thereof, and requests that same be answered under oath within the timeframe specified by the Florida Rules of Civil Procedure. CERTIFICATE OF SERVICE J HEREBY CERTIFY that a true and correct copy of the foregoing will be served upon the Defendant with the effectuation of service of process in this action. Respectfully submitted April 16, 2021. LITIGATION & RECOVERY LAW CENTER, PL 16375 NE 18th Avenue, Suite 321 North Miami Beach, Florida 33162 Phone: (305) 760-2314 | Fax (305) 760-2498 Primary email: alex@LRLC legal Secondary email: service@LRLC legal By: /s/ Alex Stern Alex Stern, Esquire Fla. Bar No: 19592 LITIGATION & RECOVERY LAW CENTER, PL 16375 NE 18" Avenue - Suite 321 - North Miami Beach, Florida 33162 - 305-760-2314 - 305-760-2498 (fax) *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 04/16/2021 11:31:58 AM.****3075 INTERROGATORIES 1. Please state the full name, occupation, present residence and business address of the person answering these interrogatories and anyone who assisted in answering same. ANSWER: 2. Please state the basis in the insurance policy, in relation to the facts and applicable law, for your decision to pay less than the entire amount of the claim presented by the insured. ANSWER: 3. Please describe each document upon which you rely for your decision to pay less than the entire amount claimed by the insured, with sufficient particularity to allow their description in a Request for Production. ANSWER: 4. Please describe all facts and circumstances giving rise to each of your defenses and affirmative defenses in this matter. ANSWER: 5. Please describe the basis in the insurance policy in relation to the facts and applicable law for each of your defenses and the affirmative defenses in this matter. ANSWER: Page 2 of 6 LITIGATION & RECOVERY LAW CENTER, PL 16375 NE 18" Avenue : Suite 321 - North Miami Beach, Florida 33162 - 305-760-2314 - 305-760-2498 (fax)3075 6. Please list the name, address, and telephone number of all witnesses who have knowledge of the basis for, or the facts and circumstances giving rise to, each of your Affirmative Defenses in this matter, and please describe each document on which you rely for each Affirmative Defense or which is related to same, with sufficient particularity to allow a description in a Request for Production. ANSWER: 7. Please state with specificity all actions taken by the Defendant with regard to the evaluation and investigation the subject claim. ANSWER: 8. Please list the names and addresses of any and all persons with whom the Defendant, and/or any of their agents, servants or employees obtained a statement, either oral, recorded or written, and state the date the statement was taken, and whether the statement was oral, recorded or written, and who is in possession of said statement. ANSWER: 9. Please state with specificity any and all defenses the Defendant asserts to Plaintiff's Complaint, outlining all individuals who will testify in support thereof, listing any and all documents which support each defense and outlining any and all evidence the Defendant has to support to said defense. ANSWER: Page 3 of 6 LITIGATION & RECOVERY LAW CENTER, PL 16375 NE 18" Avenue : Suite 321 - North Miami Beach, Florida 33162 - 305-760-2314 - 305-760-2498 (fax)3075 10. Please state with specificity whether the Defendant, its agents, servants, experts and/or employees removed any items from the subject premises, and if so, please specify which items were removed; when said items were removed; where said items are presently; and whether or not you had the insured’s permission to remove said item(s). ANSWER: 11. Please state when you received Plaintiff's sworn proof(s) of loss relative to the subject claim, if it was rejected, the date they were rejected and the basis for rejection. Please delineate any and all applicable insurance policy provisions and/or documentation you relied upon relative to the rejection of any and all sworn proof of loss submitted by the Plaintiffs herein. ANSWER: 12. Please state if you contend or assert that any information and/or documentation necessary for you to complete your investigation or evaluation of the subject claim has not been provided to you, specifying the particular documents or information and why said documentation and/or information is relevant, material and/or necessary to pay the Plaintiff in whole or part for any of the damages claimed to be sustained. ANSWER: 13. Please describe the experience, training and educational background of each person who investigated, evaluated, managed and/or reviewed or otherwise handled Plaintiffs’ claim, or rendered any written or oral report regarding the claim. ANSWER: Page 4 of 6 LITIGATION & RECOVERY LAW CENTER, PL 16375 NE 18" Avenue : Suite 321 - North Miami Beach, Florida 33162 - 305-760-2314 - 305-760-2498 (fax)3075 14. For each person who may or is expected by you, your attorney or any representative of yours, to testify as an expert witness during trial of this matter, please state-the (A) name, (B) professional address, (C) home address, (D) professional occupation, (E) specialty field, (F) all qualifications enabling him/her to render an opinion in this cause, (G) the subject matter he/she is expected to testify on, and (H) any and all opinions he/she has rendered in regard to the subject matter of this litigation outlining each fact or facts determined the substance of the facts relied upon and a summary of grounds of each opinion. ANSWER: 15. Please state whether the expert rendered any report to you with regard to the subject matter of this litigation and if so, sufficiently describe the reports so that the Plaintiffs can propound a request for Production for same. ANSWER: 16. Please state whether the Defendant has evaluated the damages caused by the subject claim, and if so, please state with specificity who performed the evaluation and/or estimate; when said evaluation or estimate was performed; and the amount of damages the Defendant agrees were caused by the subject claim, outlining the basis for same. ANSWER: 17. Please list the names and addresses of all persons who are believed or known by you, your agents or attorneys, to have any knowledge concerning any of the issues raised by the pleadings, and specify the subject matter about which the witness has knowledge. ANSWER: Page 5 of 6 LITIGATION & RECOVERY LAW CENTER, PL 16375 NE 18" Avenue : Suite 321 - North Miami Beach, Florida 33162 - 305-760-2314 - 305-760-2498 (fax)3075 VERIFICATION SWORN AND SUBSCRIBED TO By: Print Name: STATE OF } COUNTY OF } ; BEFORE ME, the undersigned authority, by means of [ ] physical presence or [ ] online notarization, on this _— day of 20 by , who is personally known to me or who produced as identification, and who after taking an oath has deposed and said that he is authorized to answer these interrogatories on behalf of the Defendant and that said answers are true and correct based upon his own personal knowledge. Notary Public, State of Florida Page 6 of 6 LITIGATION & RECOVERY LAW CENTER, PL 16375 NE 18" Avenue : Suite 321 - North Miami Beach, Florida 33162 - 305-760-2314 - 305-760-2498 (fax)