Preview
Case Number: CACE-21-007720 Division: 18
Filing # 125052538 E-Filed 04/16/2021 10:39:29 AM
IN THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT, IN
AND FOR BROWARD COUNTY,
FLORIDA
VANESSA DIAS,
Plaintiff,
vs. CASE NO:
CITIZENS PROPERTY INSURANCE
CORPORATION,
Defendant.
/
PLAINTIFF'S FIRST REQUEST FOR PRODUCTION TO DEFENDANT
Pursuant to Rule 1.350, Fla. R. Civ. P., Plaintiff requests Defendant to produce and make
available for inspection and duplication, in response to each numbered paragraphs, all documents
specified herein which are in Defendant’s possession, custody or control, or in the possession,
custody or control of Defendant’s agents, accountants or attorneys. Defendant is requested
to make such production within the time permitted by the applicable rules of civil procedure.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of this document will be served on
the Defendant along with the summons in this action.
SILVER, BASS & BRAMS, P.A.
Counsel for Plaintiff
500 S Australian Avenue, Suite 800
West Palm Beach, FL 33401
Telephone: (561) 659-0551
Facsimile: (561) 835-6866
Primary: edocuments@FLLitigation.com
Secondary: abass@fllitigation.com
Secondary: fpadilla@fllitigation.com
By: _ /s/ Aaron S. Bass
AARON S. BASS, ESQ.
F.B.N. 0166261
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 04/16/2021 10:39:27 AM.****DEFINITIONS
. “Defendant”, “you”, or “yours” refers to CITIZENS PROPERTY INSURANCE
CORPORATION.
. “Plaintiff” refers to VANESSA DIAS and encompasses any person(s), employee(s), or
other entity(ies) authorized to act on Plaintiff's behalf.
. “Identify”, as used herein with regard to a person, shall mean to provide the following: (1)
the person’s full name; (2) any other names to the person uses or has used in the past; (3)
the person’s residential address and telephone number(s); (4) the person’s business
address(es) and telephone number(s); (5) the person’s employer and job title; (6) if the
person is a former employee of Defendant, the person’s last job title while so employed,
the date of termination; and (7) if the person is not an employee of Defendant but has some
other connection with Defendant, for example agent, independent contractor, officer,
director, or customer, the persons’ connection with Defendant.
. “Identify”, as used herein with regard to documents or tangible things, shall mean to
describe such documents or tangible things by title, present location, usual location,
custodian, and contents.
. The word “document” is used herein in its broadest sense to include any medium upon or
with which information is recorded or preserved which belongs to, or is in or subject to the
possession, custody, or control of Defendant or Defendant’s attorneys, agents, employees,
trustees, representatives, professional accounts, and any attorneys with whom you may
Claim the right of joint defense privileges or special relationships, by whomever generated
or received, including without limitation: writings, printings, drawings, graphs, charts’
notes, typewriting, photographs, slides, motions pictures, videotapes or cassettes,
phonograph records, tape or other mechanical records, ledgers, books, statements of
accounts, journals, notice, letters, catalogs, cancelled checks, bank statements, invoices,
bills, diaries, purchase orders, memoranda of telephone communications, telegrams,
telexes or “TWXs”, telecopies, drafts or preliminary versions of the foregoing,
communications to or from any governmental or recording, or data compilation of any
nature whatsoever, including any carbon, photographic, microfilm, or other type of copy
of such items, whether or not such copy of different form the original by reason of any
markings, additions, commentaries, revisions, deletions or substitutions.
. “Communication” shall include, but is not limited to, any oral communications,
correspondence, memoranda, reports, records and/or recordings of telephone calls and
reports of meetings.
. “Person” means an individual, corporation, trust, partnerships, incorporated, or
unincorporated association, or any other legal entity.
. The term “correspondence” means any form of communication whether recorded10.
electronically, digitally, or otherwise including, but not limited to, email, mail, fax, letter,
“tweet,” “instant message,” text message, note or memorandum and any other recorded
form of communication.
“Possession, custody or control” when used in reference to documents or other tangible
things includes, without limitation, documents or things in your personal possession,
custody or control, documents or things in the possession, custody or control of your
attorneys or any other agents of yours, and documents or things which you could obtain,
or copies of which you could obtain by reasonable good faith effort. Possession, custody
or control includes constructive possession such that the person need not have actual
physical possession. As long as Defendant has a superior right to compel the production
from a third party (including an agency, authority or representative), Defendant has
possession, custody or control.
“Claim” means Claim No.: 001-00-252789 for which benefits are being sought.
DOCUMENTS REQUESTED
A certified copy of the policy identified in the Complaint and issued to Plaintiff.
A copy of all statements, in whatever form, taken from the Plaintiff or
agents/representatives.
A copy of all statements, in whatever form, taken from third parties relating to the subject
loss.
A copy of the complete Claim files pertaining to the subject loss, including home office,
regional and field adjuster files, pertaining to the Plaintiff's Claim, excluding privileged
matters; please provide a Privilege Log for all matters as to which privilege is asserted.
All estimates relating to the Claim prepared by the Defendant.
All documents that evidence all premium payments made by Plaintiff to Defendant
(whether by cash, check, electronic transfer or otherwise) and premium refunds or credits
issued by you to Plaintiff for the Policy, and all predecessor policies.
All documents that evidence the bases of your failure or refusal to fully adjust,
investigate and/or issue payment for the Claim presented against the Policy at issue in
this lawsuit and arising from the incident described in the Complaint.
All documents identified in your responses to Plaintiff's interrogatories.
A complete copy of all written policies, manuals and written communications setting
forth your practices, procedures, and/or policies to which you referred, relied upon,
and/or govern the handling of the Claim for damage to the Property at issued in
Plaintiff's complaint, and your decision to not pay in full such Claim.
310.
11.
12.
13.
14.
15.
16.
Any checks or other documents evidencing any payment by you for the Claim at issue in
the complaint.
All written reports or documents reflecting when the Defendant discovered facts leading
to a denial of Plaintiff's Claim.
Defendant’s Claim file relative to Plaintiff's Claim (you may omit from your response to
this request privileged communications within the Claim file).
All documents relating to communications between Defendant and any third party,
relative to the subject Claim, the subject policy, and any other matter involving the
Plaintiff (other than communication with its counsel).
All Transcripts and recordings of Examination(s) Under Oath taken of the Insureds with
Attachments.
All applications, re-applications, applications for renewal, and any other documentation
submitted by Plaintiff to Defendant in connection with Plaintiff's attempt to obtain an
insurance policy with Defendant for the Property.
All inspection reports, photographs, evaluations, analyses, property condition reports,
correspondence, four-point inspection reports, wind mitigation reports, or any other
documents that reflect the condition of the Property at or around the time that Defendant
issued the subject insurance policy or any other insurance policy to Plaintiff.
SILVER, BASS & BRAMS, P.A.
Counsel for Plaintiff
500 S Australian Avenue, Suite 800
West Palm Beach, FL 33401
Telephone: (561) 659-0551
Facsimile: (561) 835-6866
Primary: edocuments@FLLitigation.com
Secondary: abass@fllitigation.com
Secondary: fpadilla@fllitigation.com
By: __/s/ Aaron S. Bass
AARON S. BASS
F.B.N. 0166261
Preview
Case Number: CACE-21-007720 Division: 18 Filing # 125052538 E-Filed 04/16/2021 10:39:29 AM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA VANESSA DIAS, Plaintiff, vs. CASE NO: CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. / PLAINTIFF'S FIRST REQUEST FOR PRODUCTION TO DEFENDANT Pursuant to Rule 1.350, Fla. R. Civ. P., Plaintiff requests Defendant to produce and make available for inspection and duplication, in response to each numbered paragraphs, all documents specified herein which are in Defendant’s possession, custody or control, or in the possession, custody or control of Defendant’s agents, accountants or attorneys. Defendant is requested to make such production within the time permitted by the applicable rules of civil procedure. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of this document will be served on the Defendant along with the summons in this action. SILVER, BASS & BRAMS, P.A. Counsel for Plaintiff 500 S Australian Avenue, Suite 800 West Palm Beach, FL 33401 Telephone: (561) 659-0551 Facsimile: (561) 835-6866 Primary: edocuments@FLLitigation.com Secondary: abass@fllitigation.com Secondary: fpadilla@fllitigation.com By: _ /s/ Aaron S. Bass AARON S. BASS, ESQ. F.B.N. 0166261 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 04/16/2021 10:39:27 AM.****DEFINITIONS . “Defendant”, “you”, or “yours” refers to CITIZENS PROPERTY INSURANCE CORPORATION. . “Plaintiff” refers to VANESSA DIAS and encompasses any person(s), employee(s), or other entity(ies) authorized to act on Plaintiff's behalf. . “Identify”, as used herein with regard to a person, shall mean to provide the following: (1) the person’s full name; (2) any other names to the person uses or has used in the past; (3) the person’s residential address and telephone number(s); (4) the person’s business address(es) and telephone number(s); (5) the person’s employer and job title; (6) if the person is a former employee of Defendant, the person’s last job title while so employed, the date of termination; and (7) if the person is not an employee of Defendant but has some other connection with Defendant, for example agent, independent contractor, officer, director, or customer, the persons’ connection with Defendant. . “Identify”, as used herein with regard to documents or tangible things, shall mean to describe such documents or tangible things by title, present location, usual location, custodian, and contents. . The word “document” is used herein in its broadest sense to include any medium upon or with which information is recorded or preserved which belongs to, or is in or subject to the possession, custody, or control of Defendant or Defendant’s attorneys, agents, employees, trustees, representatives, professional accounts, and any attorneys with whom you may Claim the right of joint defense privileges or special relationships, by whomever generated or received, including without limitation: writings, printings, drawings, graphs, charts’ notes, typewriting, photographs, slides, motions pictures, videotapes or cassettes, phonograph records, tape or other mechanical records, ledgers, books, statements of accounts, journals, notice, letters, catalogs, cancelled checks, bank statements, invoices, bills, diaries, purchase orders, memoranda of telephone communications, telegrams, telexes or “TWXs”, telecopies, drafts or preliminary versions of the foregoing, communications to or from any governmental or recording, or data compilation of any nature whatsoever, including any carbon, photographic, microfilm, or other type of copy of such items, whether or not such copy of different form the original by reason of any markings, additions, commentaries, revisions, deletions or substitutions. . “Communication” shall include, but is not limited to, any oral communications, correspondence, memoranda, reports, records and/or recordings of telephone calls and reports of meetings. . “Person” means an individual, corporation, trust, partnerships, incorporated, or unincorporated association, or any other legal entity. . The term “correspondence” means any form of communication whether recorded10. electronically, digitally, or otherwise including, but not limited to, email, mail, fax, letter, “tweet,” “instant message,” text message, note or memorandum and any other recorded form of communication. “Possession, custody or control” when used in reference to documents or other tangible things includes, without limitation, documents or things in your personal possession, custody or control, documents or things in the possession, custody or control of your attorneys or any other agents of yours, and documents or things which you could obtain, or copies of which you could obtain by reasonable good faith effort. Possession, custody or control includes constructive possession such that the person need not have actual physical possession. As long as Defendant has a superior right to compel the production from a third party (including an agency, authority or representative), Defendant has possession, custody or control. “Claim” means Claim No.: 001-00-252789 for which benefits are being sought. DOCUMENTS REQUESTED A certified copy of the policy identified in the Complaint and issued to Plaintiff. A copy of all statements, in whatever form, taken from the Plaintiff or agents/representatives. A copy of all statements, in whatever form, taken from third parties relating to the subject loss. A copy of the complete Claim files pertaining to the subject loss, including home office, regional and field adjuster files, pertaining to the Plaintiff's Claim, excluding privileged matters; please provide a Privilege Log for all matters as to which privilege is asserted. All estimates relating to the Claim prepared by the Defendant. All documents that evidence all premium payments made by Plaintiff to Defendant (whether by cash, check, electronic transfer or otherwise) and premium refunds or credits issued by you to Plaintiff for the Policy, and all predecessor policies. All documents that evidence the bases of your failure or refusal to fully adjust, investigate and/or issue payment for the Claim presented against the Policy at issue in this lawsuit and arising from the incident described in the Complaint. All documents identified in your responses to Plaintiff's interrogatories. A complete copy of all written policies, manuals and written communications setting forth your practices, procedures, and/or policies to which you referred, relied upon, and/or govern the handling of the Claim for damage to the Property at issued in Plaintiff's complaint, and your decision to not pay in full such Claim. 310. 11. 12. 13. 14. 15. 16. Any checks or other documents evidencing any payment by you for the Claim at issue in the complaint. All written reports or documents reflecting when the Defendant discovered facts leading to a denial of Plaintiff's Claim. Defendant’s Claim file relative to Plaintiff's Claim (you may omit from your response to this request privileged communications within the Claim file). All documents relating to communications between Defendant and any third party, relative to the subject Claim, the subject policy, and any other matter involving the Plaintiff (other than communication with its counsel). All Transcripts and recordings of Examination(s) Under Oath taken of the Insureds with Attachments. All applications, re-applications, applications for renewal, and any other documentation submitted by Plaintiff to Defendant in connection with Plaintiff's attempt to obtain an insurance policy with Defendant for the Property. All inspection reports, photographs, evaluations, analyses, property condition reports, correspondence, four-point inspection reports, wind mitigation reports, or any other documents that reflect the condition of the Property at or around the time that Defendant issued the subject insurance policy or any other insurance policy to Plaintiff. SILVER, BASS & BRAMS, P.A. Counsel for Plaintiff 500 S Australian Avenue, Suite 800 West Palm Beach, FL 33401 Telephone: (561) 659-0551 Facsimile: (561) 835-6866 Primary: edocuments@FLLitigation.com Secondary: abass@fllitigation.com Secondary: fpadilla@fllitigation.com By: __/s/ Aaron S. Bass AARON S. BASS F.B.N. 0166261