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Case Number: CACE-21-007685 Division: 05
Filing # 125042448 E-Filed 04/16/2021 09:07:27 AM
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA.
ELSIE LOPEZ and CASE NO.:
ROLANDO LOPEZ,
Plaintiffs,
Vv.
FLORIDA PENINSULA INSURANCE
COMPANY,
Defendant.
/
PLAINTIFFS’ FIRST REQUEST TO PRODUCE TO DEFENDANT
Plaintiffs, ELSIE LOPEZ and ROLANDO LOPEZ, by and through the undersigned
counsel, requests the Defendant, FLORIDA PENINSULA INSURANCE COMPANY, to produce
for inspection and copying the following documents, at the offices of the undersigned, or in the
alternative, that Defendant mail copies of the same to the undersigned within forty-five (45) days
from service hereof as referenced in the Florida Rules of Civil Procedure.
INSTRUCTIONS FOR USE
1. You are instructed either to produce documents as they are kept in the usual course
of business or to produce documents organized and labeled to correspond with the categories in
this Request. Documents should be produced in full and unexpurgated form.
2. This Request shall be deemed continuing so as to require further and supplemental
production in the event that the party requested to produce, or any of its attorneys, agents or
representatives, obtains or discovers additional information or documents between the time of the
initial production and the time of hearing or trial.
3. If any documents covered by this Request are withheld by reason of a claim of
privilege, work product immunity or other ground of non-production, a list is to be furnished at
the time that documents are produced identifying each such documents for which the privilege is
claimed specifically by its nature ( letter, memorandum, etc.) together with the following
information with respect to any such document withheld: author; recipient; sender; indicated or
blind copies; date; subject matter; basis on which the privilege is claimed; number of pages; and
the paragraph of this Request to which such document relates.
4. If a portion of an otherwise responsive document contains information that is
subject to a claim of privilege, only those portions of the document subject to the claim of
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 04/16/2021 09:07:24 AM.****privilege shall be deleted or redacted from the document and the rest of the document shall be
produced.
5. In the event that any document called for by this Request has been destroyed,
lost, discarded or otherwise disposed of, each such document is to be identified as completely
as possible, including, without limitation, the following information: author; recipient; sender;
subject matter; date prepared or received; date of disposal; person currently in possession of
the document; and the person disposing of the document.
6. All objections to any category of documents to be produced pursuant to this
Request or to any definition or instruction it contains shall be in writing and delivered to
Plaintiffs' counsel within the time provided in Fla. R. Civ. P. 1.350 or at such other time as is
agreed upon by the parties or ordered by this Court.
7. Where identification of a document is requested, please set forth the identity of
its author or originator, the date of such authorship or origination, the identity of each person
to whom the original or copy was addressed or delivered, the identity of each person known
or reasonably believed to have present possession, custody, or control thereof, and a brief
description of the subject matter thereof.
8. Where identification of a person is requested, please set forth the person's name,
last-known home and business address and telephone number, and relation to Defendant, if
any.
DEFINITIONS
As used in this Request for Production, the following terms and definitions are intended to
apply:
A. As used herein the term “Plaintiffs” or “Insureds” means, ELSIE LOPEZ and
ROLANDO LOPEZ, their agents, and/or representatives, including their public adjuster.
B. As used herein the term, “Insurance Company,” means the Defendant Insurance
Company, including all of its past and present affiliates, subsidiaries, and parent, and all their
respective officers, directors, shareholders, partners, employees, agents, representatives, attorneys,
and any other person acting or purporting to act on any of their behalf.
Cc. When used herein "you" or "your" shall mean the Defendant Insurance Company, its
partners, agents, servants, employees, attorneys, expert witnesses, accountants, auditors and all
persons over whom it has control or who have been hired, retained or employed for any purpose by
it, whether directly by it or through any other person or entity.
D. The term "document" or "documents" is used in its broadest sense and includes,
without limitation, drafts, documents whether printed, recorded, stored or reproduced by any
mechanical or electronic process, or written or produced by hand, and including computer tapes
(including backup tapes) and all other computer-related documents, within your possession,
custody or control. "Documents" shall also include (1) each copy that is not identical to the original
or to any other copy, and (2) any tangible thing that is called for by or identified in response to anyrequest. "Document" as used herein shall be construed broadly to include all documents and things
within the scope of the Florida Rules of Civil Procedure and refers to all writings or other graphic
matter, as well as any other: medium by which information is stored or recorded. It includes
originals, drafts, copies and reproductions; and it includes, without limiting the generality of the
foregoing, letters; memoranda; reports and/or summaries of investigations; police reports; accident
reports; opinions or reports of consultants; diagrams; marginal comments appearing on any
documents; accounts; telegrams; studies; lists of persons attending meetings or conferences;
records or memoranda of telephone conversations; written statements; transcripts or recorded
statements; recorded statements; records of personal conversations or interviews; calculations;
computations; specifications; drawings; advertisements; circulars; trade letters; press releases;
prints; recordings; positive or negative films, slides or photographs; magnetic, electronic or video
tapes; computer tapes, cards or printouts; and all other things of like nature; and any and all
containers, boxes or other receptacles or repositories housing or containing such "documents."
E. As used herein the term "communication" shall mean any transmission of
information by any means, including, without limitation, by spoken language, electronic
transmission of data or any other means. The term "communication" shall include, without
limitation, any copies of written information received by the person or entity responding to this
request, even if such person or entity is not the primary or direct addressee of such written
information.
F. As used herein the term "person" means any individual, corporation, partnership, joint
venture, group, association, body politic, government agency, unit or other organization.
G. To "identify a document" shall mean to state with respect thereto:
a. The identity of the person who prepared it;
b. The identity of the person who signed it or in whose name it was issued;
c. The identity of each person to whom it was addressed or distributed;
d. The nature or substance of the document with sufficient particularity to enable it to
be identified;
e. Its date, and if it bears no date, the date when it was prepared; and
f. The physical location of the document and the custodian or custodians thereof.
H. To "identify a person" with reference to a natural person means to give his name, his
last known address and if employed, the name and address of his employer and his job title or position.
To identify a person, who is not an individual, means to state the name and principal office of such
person.
1 The term “referring” or “relating” shall mean showing, disclosing, averting to,
comprising, evidencing, constituting or reviewing.
J The singular includes the plural and vice versa; the words “and” and “or” shall be both
conjunctive and disjunctive; the word “all” means “any and all”; the word “any” means “any and all”;
the word “including” means “including, without limitation.”
K. All other words have their plain and ordinary meaning.;DOCUMENTS TO BE PRODUCED
1. A true certified copy of the applicable insurance policy issued to Plaintiffs by the
Insurance Company, including any and all endorsements and amendments in effect on the date of
loss as indicated in Plaintiffs’ Complaint.
2. Any and all photographs or video within the possession, custody and control of the
Insurance Company, its agents or employees, concerning the subject matter of this litigation. As
grounds for this paragraph, the Plaintiff would state that it cannot without undue hardship, obtain
a substantial equivalent of these photographs.
3. Any and all photographs or video of the premises submitted by the Plaintiffs and/or
Plaintiffs’ agent or representatives to the Insurance Company, its agents, servants, and/or
employees for any purpose over the past 5 years.
4. The entire underwriting file with regard to the Plaintiffs and the insured property.
5. A copy of any reports relating to any issue in this lawsuit which have been prepared
by experts to be used in or at trial, or relied on for any claim denial or claim payment.
6. Copies of any and all checks from the Insurance Company to the Plaintiffs for any
claims asserted in this lawsuit and/or in payment of Plaintiffs; subject claim(s) and any estimates
showing the breakdown of said payment(s).
7. Any and all documentation for other tangible evidence which supports any
allegations that the Plaintiffs/Insureds have not complied with any and all insurance policy
provisions and conditions.
8. Copies of all correspondence between the Insurance Company and the Plaintiffs in
regards to this loss.
9. Any and all statements, in whatever format or media, and transcripts of all
statements, given by the Plaintiffs to the Defendant.
10. All appraisals of loss or value of loss prepared by, for, or on behalf of the Defendant
regarding the subject losses of the Plaintiffs.
1l. Copies of any diagrams, models, drawings, sketches, blueprints or any other
reproduction of the subject risk made before or after the subject loss.
12. Copies of any and all Proof of Loss forms with supporting documents, if any.
13. The complete claims file pertaining to the claims of the Plaintiffs from the date of
the loss to the time of the filing of the lawsuit. If any portion of the claims file is withheld under
a claim of privilege, produce a detailed privilege log containing sufficient information to identify
each document or item withheld and the privilege claimed with respect to each document or item
withheld.14. Any and all written communication between the Defendant and any third party
concerning the processing of the Plaintiffs’ claim.
15. Any materials, documents or tangible things obtained as the "agency file" or agent's
file.
16. Any and all statements, in whatever form or media, taken by the Defendant
regarding the loss which is the subject matter of this litigation.
17. Copies of any and all investigative reports by any person or organization regarding
the loss, made prior to the filing of the lawsuit.
18. Any and all documents pertaining to any insurance claim submitted by Plaintiffs to
the Defendant within 5 years prior to the date at loss as issue in Plaintiffs’ Complaint.
19. Any and all documents pertaining to any insurance claim submitted by Plaintiffs to
the Defendant from the date of loss at issue in Plaintiffs’ Complaint to present.
20. A copy of a current privilege log listing all documents Defendant asserts are
privileged or protected, including an adequate identification of each document, sender,
recipient(s), title or type, date and subject matter, reason for objection. See, Bankers Security
Insurance Company v. Symons, 889 So.2d 93, 96 (Fla. Sth Cir. 2004).
21. Copies of all documents you intend to offer as evidence, the foundation for the
introduction of any evidence, any evidence you may use to refresh the memory of any witness you
may call to testify at the trial of this litigation, or any document you may ask the Court to take
judicial notice of.
22. All estimates of loss pertaining to real or personal property of the Plaintiffs.
23. Any and all materials received from the Plaintiffs, or persons acting on behalf of
Plaintiffs, regarding the subject matter of the instant litigation that has not been produced in
response to any other Request to Produce from Plaintiffs.
24. — Any and all property underwriting manuals which, in any way, pertain to methods,
tules, processes, procedures or practices of the Defendant regarding underwriting of Plaintiffs’
insurance.CERTIFICATE OF SERVICE
IT IS HEREBY CERTIFIED, that a true and correct copy of the foregoing was furnished
to FLORIDA PENINSULA INSURANCE COMPANY with the Summons and Complaint.
,
forida Bar No.: 1002901
150 E. Palmetto Park Rd., Suite 410
Boca Raton, Florida 33432
Telephone: (561) 331-4476
Fax: (561) 802-0767
Primary Email: Jesse@Legal-Grit.com
Anna@Legal-Grit.com
Secondary Email: Eservice@Legal-Grit.com
Preview
Case Number: CACE-21-007685 Division: 05 Filing # 125042448 E-Filed 04/16/2021 09:07:27 AM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA. ELSIE LOPEZ and CASE NO.: ROLANDO LOPEZ, Plaintiffs, Vv. FLORIDA PENINSULA INSURANCE COMPANY, Defendant. / PLAINTIFFS’ FIRST REQUEST TO PRODUCE TO DEFENDANT Plaintiffs, ELSIE LOPEZ and ROLANDO LOPEZ, by and through the undersigned counsel, requests the Defendant, FLORIDA PENINSULA INSURANCE COMPANY, to produce for inspection and copying the following documents, at the offices of the undersigned, or in the alternative, that Defendant mail copies of the same to the undersigned within forty-five (45) days from service hereof as referenced in the Florida Rules of Civil Procedure. INSTRUCTIONS FOR USE 1. You are instructed either to produce documents as they are kept in the usual course of business or to produce documents organized and labeled to correspond with the categories in this Request. Documents should be produced in full and unexpurgated form. 2. This Request shall be deemed continuing so as to require further and supplemental production in the event that the party requested to produce, or any of its attorneys, agents or representatives, obtains or discovers additional information or documents between the time of the initial production and the time of hearing or trial. 3. If any documents covered by this Request are withheld by reason of a claim of privilege, work product immunity or other ground of non-production, a list is to be furnished at the time that documents are produced identifying each such documents for which the privilege is claimed specifically by its nature ( letter, memorandum, etc.) together with the following information with respect to any such document withheld: author; recipient; sender; indicated or blind copies; date; subject matter; basis on which the privilege is claimed; number of pages; and the paragraph of this Request to which such document relates. 4. If a portion of an otherwise responsive document contains information that is subject to a claim of privilege, only those portions of the document subject to the claim of *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 04/16/2021 09:07:24 AM.****privilege shall be deleted or redacted from the document and the rest of the document shall be produced. 5. In the event that any document called for by this Request has been destroyed, lost, discarded or otherwise disposed of, each such document is to be identified as completely as possible, including, without limitation, the following information: author; recipient; sender; subject matter; date prepared or received; date of disposal; person currently in possession of the document; and the person disposing of the document. 6. All objections to any category of documents to be produced pursuant to this Request or to any definition or instruction it contains shall be in writing and delivered to Plaintiffs' counsel within the time provided in Fla. R. Civ. P. 1.350 or at such other time as is agreed upon by the parties or ordered by this Court. 7. Where identification of a document is requested, please set forth the identity of its author or originator, the date of such authorship or origination, the identity of each person to whom the original or copy was addressed or delivered, the identity of each person known or reasonably believed to have present possession, custody, or control thereof, and a brief description of the subject matter thereof. 8. Where identification of a person is requested, please set forth the person's name, last-known home and business address and telephone number, and relation to Defendant, if any. DEFINITIONS As used in this Request for Production, the following terms and definitions are intended to apply: A. As used herein the term “Plaintiffs” or “Insureds” means, ELSIE LOPEZ and ROLANDO LOPEZ, their agents, and/or representatives, including their public adjuster. B. As used herein the term, “Insurance Company,” means the Defendant Insurance Company, including all of its past and present affiliates, subsidiaries, and parent, and all their respective officers, directors, shareholders, partners, employees, agents, representatives, attorneys, and any other person acting or purporting to act on any of their behalf. Cc. When used herein "you" or "your" shall mean the Defendant Insurance Company, its partners, agents, servants, employees, attorneys, expert witnesses, accountants, auditors and all persons over whom it has control or who have been hired, retained or employed for any purpose by it, whether directly by it or through any other person or entity. D. The term "document" or "documents" is used in its broadest sense and includes, without limitation, drafts, documents whether printed, recorded, stored or reproduced by any mechanical or electronic process, or written or produced by hand, and including computer tapes (including backup tapes) and all other computer-related documents, within your possession, custody or control. "Documents" shall also include (1) each copy that is not identical to the original or to any other copy, and (2) any tangible thing that is called for by or identified in response to anyrequest. "Document" as used herein shall be construed broadly to include all documents and things within the scope of the Florida Rules of Civil Procedure and refers to all writings or other graphic matter, as well as any other: medium by which information is stored or recorded. It includes originals, drafts, copies and reproductions; and it includes, without limiting the generality of the foregoing, letters; memoranda; reports and/or summaries of investigations; police reports; accident reports; opinions or reports of consultants; diagrams; marginal comments appearing on any documents; accounts; telegrams; studies; lists of persons attending meetings or conferences; records or memoranda of telephone conversations; written statements; transcripts or recorded statements; recorded statements; records of personal conversations or interviews; calculations; computations; specifications; drawings; advertisements; circulars; trade letters; press releases; prints; recordings; positive or negative films, slides or photographs; magnetic, electronic or video tapes; computer tapes, cards or printouts; and all other things of like nature; and any and all containers, boxes or other receptacles or repositories housing or containing such "documents." E. As used herein the term "communication" shall mean any transmission of information by any means, including, without limitation, by spoken language, electronic transmission of data or any other means. The term "communication" shall include, without limitation, any copies of written information received by the person or entity responding to this request, even if such person or entity is not the primary or direct addressee of such written information. F. As used herein the term "person" means any individual, corporation, partnership, joint venture, group, association, body politic, government agency, unit or other organization. G. To "identify a document" shall mean to state with respect thereto: a. The identity of the person who prepared it; b. The identity of the person who signed it or in whose name it was issued; c. The identity of each person to whom it was addressed or distributed; d. The nature or substance of the document with sufficient particularity to enable it to be identified; e. Its date, and if it bears no date, the date when it was prepared; and f. The physical location of the document and the custodian or custodians thereof. H. To "identify a person" with reference to a natural person means to give his name, his last known address and if employed, the name and address of his employer and his job title or position. To identify a person, who is not an individual, means to state the name and principal office of such person. 1 The term “referring” or “relating” shall mean showing, disclosing, averting to, comprising, evidencing, constituting or reviewing. J The singular includes the plural and vice versa; the words “and” and “or” shall be both conjunctive and disjunctive; the word “all” means “any and all”; the word “any” means “any and all”; the word “including” means “including, without limitation.” K. All other words have their plain and ordinary meaning.;DOCUMENTS TO BE PRODUCED 1. A true certified copy of the applicable insurance policy issued to Plaintiffs by the Insurance Company, including any and all endorsements and amendments in effect on the date of loss as indicated in Plaintiffs’ Complaint. 2. Any and all photographs or video within the possession, custody and control of the Insurance Company, its agents or employees, concerning the subject matter of this litigation. As grounds for this paragraph, the Plaintiff would state that it cannot without undue hardship, obtain a substantial equivalent of these photographs. 3. Any and all photographs or video of the premises submitted by the Plaintiffs and/or Plaintiffs’ agent or representatives to the Insurance Company, its agents, servants, and/or employees for any purpose over the past 5 years. 4. The entire underwriting file with regard to the Plaintiffs and the insured property. 5. A copy of any reports relating to any issue in this lawsuit which have been prepared by experts to be used in or at trial, or relied on for any claim denial or claim payment. 6. Copies of any and all checks from the Insurance Company to the Plaintiffs for any claims asserted in this lawsuit and/or in payment of Plaintiffs; subject claim(s) and any estimates showing the breakdown of said payment(s). 7. Any and all documentation for other tangible evidence which supports any allegations that the Plaintiffs/Insureds have not complied with any and all insurance policy provisions and conditions. 8. Copies of all correspondence between the Insurance Company and the Plaintiffs in regards to this loss. 9. Any and all statements, in whatever format or media, and transcripts of all statements, given by the Plaintiffs to the Defendant. 10. All appraisals of loss or value of loss prepared by, for, or on behalf of the Defendant regarding the subject losses of the Plaintiffs. 1l. Copies of any diagrams, models, drawings, sketches, blueprints or any other reproduction of the subject risk made before or after the subject loss. 12. Copies of any and all Proof of Loss forms with supporting documents, if any. 13. The complete claims file pertaining to the claims of the Plaintiffs from the date of the loss to the time of the filing of the lawsuit. If any portion of the claims file is withheld under a claim of privilege, produce a detailed privilege log containing sufficient information to identify each document or item withheld and the privilege claimed with respect to each document or item withheld.14. Any and all written communication between the Defendant and any third party concerning the processing of the Plaintiffs’ claim. 15. Any materials, documents or tangible things obtained as the "agency file" or agent's file. 16. Any and all statements, in whatever form or media, taken by the Defendant regarding the loss which is the subject matter of this litigation. 17. Copies of any and all investigative reports by any person or organization regarding the loss, made prior to the filing of the lawsuit. 18. Any and all documents pertaining to any insurance claim submitted by Plaintiffs to the Defendant within 5 years prior to the date at loss as issue in Plaintiffs’ Complaint. 19. Any and all documents pertaining to any insurance claim submitted by Plaintiffs to the Defendant from the date of loss at issue in Plaintiffs’ Complaint to present. 20. A copy of a current privilege log listing all documents Defendant asserts are privileged or protected, including an adequate identification of each document, sender, recipient(s), title or type, date and subject matter, reason for objection. See, Bankers Security Insurance Company v. Symons, 889 So.2d 93, 96 (Fla. Sth Cir. 2004). 21. Copies of all documents you intend to offer as evidence, the foundation for the introduction of any evidence, any evidence you may use to refresh the memory of any witness you may call to testify at the trial of this litigation, or any document you may ask the Court to take judicial notice of. 22. All estimates of loss pertaining to real or personal property of the Plaintiffs. 23. Any and all materials received from the Plaintiffs, or persons acting on behalf of Plaintiffs, regarding the subject matter of the instant litigation that has not been produced in response to any other Request to Produce from Plaintiffs. 24. — Any and all property underwriting manuals which, in any way, pertain to methods, tules, processes, procedures or practices of the Defendant regarding underwriting of Plaintiffs’ insurance.CERTIFICATE OF SERVICE IT IS HEREBY CERTIFIED, that a true and correct copy of the foregoing was furnished to FLORIDA PENINSULA INSURANCE COMPANY with the Summons and Complaint. , forida Bar No.: 1002901 150 E. Palmetto Park Rd., Suite 410 Boca Raton, Florida 33432 Telephone: (561) 331-4476 Fax: (561) 802-0767 Primary Email: Jesse@Legal-Grit.com Anna@Legal-Grit.com Secondary Email: Eservice@Legal-Grit.com