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Filing # 127085831 E-Filed 05/19/2021 09:24:29 AM
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT
IN AND FOR CITRUS COUNTY, FLORIDA
GENERAL CIVIL DIVISION
JOSEPH LOMBARDO and
BRITTANY LOMBARDO, CASE NO: 2021 CA 000375 A
Plaintiffs, DIVISION:
v.
CITIZENS PROPERTY
INSURANCE CORPORATION,
Defendant.
/
PLAINTIFFS’ NOTICE OF SERVING
FIRST SET OF INTERROGATORIES TO DEFENDANT
COME NOW the Plaintiffs JOSEPH LOMBARDO and BRITTANY LOMBARDO,
(hereinafter referred to as “Plaintiffs”), by and through the undersigned counsel, pursuant to Rule
1.340(e) of the Florida Rules of Civil Procedure, and hereby give notice of serving Plaintiffs’ First
Set of Interrogatories to Defendant, CITIZENS PROPERTY INSURANCE CORPORATION,
which is required to provide its answers in writing under oath within forty-five (45) days from the
date of service.CERTIFICATE OF SERVICE
I HEREBY CERTIFY a true and correct copy of the foregoing Interrogatories has been
served contemporaneously with Plaintiffs’ Complaint.
By: __/s/ Dean Makris
Makris & Mullinax, P.A.
Dean Makris, Esquire
FBN: 111630
Matthew K. Mullinax, Esquire
FBN: 86181
Email:dean@makrismullinax.com
matt@makrismullinax.com
908 W. Horatio Street
Tampa, Florida 33606
Telephone: 813.485.7700
Attorney for PlaintiffsINSTRUCTIONS
You are instructed either to produce document as they are kept in the usual course of
business or to produce document organized and labeled to correspond with the categories
in these Interrogatories. Documents are to be produced in full and unexpurgated form.
These Interrogatories shall be deemed continuing, if permitted by Rule, so as to require
further and supplemental production in the event that the party requested to produced, 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.
If any documents covered by these interrogatories 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 the documents are produced identifying each such document for
which the privilege is claimed specifically by its nature (e.g, 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 these Interrogatories to which
such document relates.
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 privilege
shall be deleted or redacted from the document and the rest of the document shall be
produced.
In the event that any document called for by these Interrogatories 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.
All objections to any category of documents to be produced pursuant to theses
Interrogatories or to any definition or instruction they contain shall be in writing and
delivered to Plaintiff's counsel within the time provided in the Florida Rules of Civil
Procedure or at such other time as is agreed upon by the parties or ordered by the Court.
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.
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 Defendants, if
any.DEFINITIONS
As used herein, “Defendant,” “you” or “your” shall mean Defendant, CITIZENS
PROPERTY INSURANCE CORPORATION, its affiliates, partners, agents, servants,
employees, attorneys, expert witnesses, accountants, auditors, and all persons or entities
over which Defendant has control or have been hired, retained or employed for any purpose
by it, whether directly by it or through any other person or entity.
The term “Plaintiffs” shall mean, JOSEPH LOMBARDO and BRITTANY
LOMBARDO, their representatives, agents, servants, employees, attorneys, expert
witnesses, accountants, auditors and all persons or entities over whom they have control or
have been hired, retained or employed by them to act on their behalf for any purpose
whatsoever.
The term “person” means any individual, corporation, partnership, joint venture, group,
association, body politic, government agency, unit or other organization.
The term “identify” or “the identity of’ or equivalent language with reference to a natural
person shall mean to give his or her entire name, his or her last known residence address,
and, if employed, the name and address of his or her employer and his or her job title or
position. With reference to a person who is not an individual, such terms mean to state the
full name and principal office address of such person.
They terms “the identity of” or to “identify” or equivalent language shall with reference to
a document mean to:
1. Describe it in language which would be sufficient to obtain its production if used
in a request for production directed to you;
2. State its customary business description, its nature and substance with sufficient
particularity to enable it to be identified, its number (if any), and its date (it any);
3. And, identify the person(s) who generated it and its current custodians(s).
The term “representative” as used herein with regard to a person or entity means and
includes each and every present and former director, officer, partner, employee, agent ,
independent consultant or expert or other person (including attorneys), such as friends,
relatives and spouse, acting or purporting to act on behalf of the person or entity.
The terms “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 any request. “Document” as used herein shall be construedbroadly to include all documents and things within the scope of Florida Rule of Civil
Procedure 1.340. Furthermore, “ Document” or “ documents” shall mean any and all
information in tangible form and shall include, without limiting the generality of the
foregoing, all writing, letters, telegrams, telexes, teletypes, correspondence, contracts,
drafts, agreements, notes to file, reports, pictures, photographs, tapes, memoranda,
mechanical and electronic recordings or transcripts of same, blueprints, flow sheets,
calendar or diary entries, memoranda of conversations, telephonic or otherwise,
memoranda of meetings or conferences, studies, reports, interoffice and intra-office
communications, quotations, offers, inquiries, bulletins, circulars, statements, manuals,
summaries, newsletters, compilations, maps, charts, graphs, proposition, articles,
announcements, newspaper clippings, books, records, tables, book of account, ledgers,
vouchers, canceled checks, check stubs, invoices, bills, opinions, certificates, promissory
notes and other evidence of indebtedness, and all drafts and copies of documents as
hereinabove defined by whatever means made. If multiple copies of any document exist,
each copy which is in any way not completely identical to a copy which is referenced shall
also be produced.
The term “communication” shall mean any transmission of information by any mean
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.
The term “referring” or “relating” shall mean showing, disclosing, averting to, comprising,
evidencing, constituting or reviewing.
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, with limitation.”
All other words have their plain ordinary meaning.INTERROGATORIES
State the name, title, address and phone number of each person who assisted with in the
formulation of the answers to these Interrogatories.
State the name, address, phone number and title of each person(s) who had any role,
whatsoever, in analyzing or adjusting the insurance claim of Plaintiffs for the damages and
claim which underlie this litigation, giving a brief description of each person’s
responsibilities and actions regarding this matter. Identify which individuals participate in
the coverage determination reached by Defendant in this claim number 001-00-264554,
which is the subject of this litigation.
State the names, addresses, phone numbers and titles of any person known to you or your
attorneys who has any relevant knowledge of the issues, which form the basis of this
litigation, whether or not that knowledge supports your position, and state the nature or
general substance of each person(s) knowledge.
Identify all insurance policies that Defendant subscribed, issued, or sold to Plaintiffs.
Please include policy numbers and effective dates of each policy.5.
State with specificity all contractual amounts owed to Plaintiffs by Defendant as a result of
the loss and damage, which forms the basis of this litigation, whether or not payment has
been tendered to Plaintiffs.
With respect to each amount listed in the preceding interrogatory:
a. Identify the specific provision of the contract of insurance, which provides the basis
for the amount owed.
b. Disclose with specificity sufficient to effect service of process the identity of every
person and entity upon whom Defendant relied in determining the amounts owed
to Plaintiffs.
State whether Plaintiffs made any previous claims to Defendant on the policy of insurance
that is the subject of this litigation, or any other policy with Defendant, and for each
previous claim state: the nature of the claim; the date of the claim, the amount claim; and
the amount paid by Defendant on the claim.8. Identify by name, author and date of report, all reports, estimates, evaluations, appraisals,
or similar documents prepared by or on behalf of Defendant concerning any aspect of the
loss and damage that underlies this litigation.
9. Identify by name and address all persons participating in or assisting in the preparation of
the following:
a. Any inventory, lists, etc. of the real and/or personal property of Plaintiffs damaged
or destroyed in the loss that underlies this litigation.
b. Any and all statements and/or proofs of loss filed with Defendant by or on behalf
of Plaintiffs.
10. Identify all expert witnesses you have retained or consulted which you will or may call to
testify at the trial of this litigation and state the subject matter to which each is expected to
testify.11. Disclose with specificity sufficient to effect service of process the identity of all
information bureaus and third-party sources from which Defendant has sought information
related to Plaintiffs and for each such information bureaus or third-party source state the
exact information requested and the information obtained.
12. List all payments by Defendant to, or on behalf of Plaintiffs, stating the amount of payment,
the date of payment, the exact coverage for which payment was made (e.g. damage to the
personal property), and for persons or entities other than Plaintiffs, the name and address
of the person or entity to whom payment was made.
13. What facts and circumstances did Defendant rely on when making the coverage
determination in claim number 001-00-264554, which is the subject of this litigation?
14. State the facts and circumstances Defendant relies upon for each affirmative defense set
forth in the Answer and Affirmative Defenses filed in this matter.15. Do you contend that anything other than a covered peril under the subject homeowners’
policy is, or may be, the cause, in whole or in part, of damage to the insured premises, for
which claims have been asserted against you in this lawsuit? If so, state the legal basis for
your contention, the facts or evidence upon which your contention is based, and whether
or not previously notified Plaintiffs of your contention.
16. List any codes, regulations, standards, treatises, manuals, journals, authoritative texts,
statutes, rules, and/or generally accepted theories that were referenced or relied upon when
determining the cause and/or origin of any and all damage submitted with claim number
001-00-264554, which is the subject of this litigation.
17. Are you aware of any other alleged hail damage losses within a two-block radius of the
Property which occurred on or about February 6, 2021? If answering in the affirmative,
please state the nature of the claim, the date, the damage, and the resolution of the claim.
10CITIZENS PROPERTY INSURANCE
CORPORATION
By:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this dayof_
, 2021, by who is personally known tome or who has
produced as identification and who did (did not) take an oath, and who says
the he/she executed the foregoing Answers to Interrogatories and that the Answers are true and
correct to the best of his/ her knowledge and belief.
Notary Public (seal)
Printed Name
11
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Filing # 127085831 E-Filed 05/19/2021 09:24:29 AM IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR CITRUS COUNTY, FLORIDA GENERAL CIVIL DIVISION JOSEPH LOMBARDO and BRITTANY LOMBARDO, CASE NO: 2021 CA 000375 A Plaintiffs, DIVISION: v. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. / PLAINTIFFS’ NOTICE OF SERVING FIRST SET OF INTERROGATORIES TO DEFENDANT COME NOW the Plaintiffs JOSEPH LOMBARDO and BRITTANY LOMBARDO, (hereinafter referred to as “Plaintiffs”), by and through the undersigned counsel, pursuant to Rule 1.340(e) of the Florida Rules of Civil Procedure, and hereby give notice of serving Plaintiffs’ First Set of Interrogatories to Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, which is required to provide its answers in writing under oath within forty-five (45) days from the date of service.CERTIFICATE OF SERVICE I HEREBY CERTIFY a true and correct copy of the foregoing Interrogatories has been served contemporaneously with Plaintiffs’ Complaint. By: __/s/ Dean Makris Makris & Mullinax, P.A. Dean Makris, Esquire FBN: 111630 Matthew K. Mullinax, Esquire FBN: 86181 Email:dean@makrismullinax.com matt@makrismullinax.com 908 W. Horatio Street Tampa, Florida 33606 Telephone: 813.485.7700 Attorney for PlaintiffsINSTRUCTIONS You are instructed either to produce document as they are kept in the usual course of business or to produce document organized and labeled to correspond with the categories in these Interrogatories. Documents are to be produced in full and unexpurgated form. These Interrogatories shall be deemed continuing, if permitted by Rule, so as to require further and supplemental production in the event that the party requested to produced, 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. If any documents covered by these interrogatories 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 the documents are produced identifying each such document for which the privilege is claimed specifically by its nature (e.g, 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 these Interrogatories to which such document relates. 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 privilege shall be deleted or redacted from the document and the rest of the document shall be produced. In the event that any document called for by these Interrogatories 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. All objections to any category of documents to be produced pursuant to theses Interrogatories or to any definition or instruction they contain shall be in writing and delivered to Plaintiff's counsel within the time provided in the Florida Rules of Civil Procedure or at such other time as is agreed upon by the parties or ordered by the Court. 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. 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 Defendants, if any.DEFINITIONS As used herein, “Defendant,” “you” or “your” shall mean Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, its affiliates, partners, agents, servants, employees, attorneys, expert witnesses, accountants, auditors, and all persons or entities over which Defendant has control or have been hired, retained or employed for any purpose by it, whether directly by it or through any other person or entity. The term “Plaintiffs” shall mean, JOSEPH LOMBARDO and BRITTANY LOMBARDO, their representatives, agents, servants, employees, attorneys, expert witnesses, accountants, auditors and all persons or entities over whom they have control or have been hired, retained or employed by them to act on their behalf for any purpose whatsoever. The term “person” means any individual, corporation, partnership, joint venture, group, association, body politic, government agency, unit or other organization. The term “identify” or “the identity of’ or equivalent language with reference to a natural person shall mean to give his or her entire name, his or her last known residence address, and, if employed, the name and address of his or her employer and his or her job title or position. With reference to a person who is not an individual, such terms mean to state the full name and principal office address of such person. They terms “the identity of” or to “identify” or equivalent language shall with reference to a document mean to: 1. Describe it in language which would be sufficient to obtain its production if used in a request for production directed to you; 2. State its customary business description, its nature and substance with sufficient particularity to enable it to be identified, its number (if any), and its date (it any); 3. And, identify the person(s) who generated it and its current custodians(s). The term “representative” as used herein with regard to a person or entity means and includes each and every present and former director, officer, partner, employee, agent , independent consultant or expert or other person (including attorneys), such as friends, relatives and spouse, acting or purporting to act on behalf of the person or entity. The terms “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 any request. “Document” as used herein shall be construedbroadly to include all documents and things within the scope of Florida Rule of Civil Procedure 1.340. Furthermore, “ Document” or “ documents” shall mean any and all information in tangible form and shall include, without limiting the generality of the foregoing, all writing, letters, telegrams, telexes, teletypes, correspondence, contracts, drafts, agreements, notes to file, reports, pictures, photographs, tapes, memoranda, mechanical and electronic recordings or transcripts of same, blueprints, flow sheets, calendar or diary entries, memoranda of conversations, telephonic or otherwise, memoranda of meetings or conferences, studies, reports, interoffice and intra-office communications, quotations, offers, inquiries, bulletins, circulars, statements, manuals, summaries, newsletters, compilations, maps, charts, graphs, proposition, articles, announcements, newspaper clippings, books, records, tables, book of account, ledgers, vouchers, canceled checks, check stubs, invoices, bills, opinions, certificates, promissory notes and other evidence of indebtedness, and all drafts and copies of documents as hereinabove defined by whatever means made. If multiple copies of any document exist, each copy which is in any way not completely identical to a copy which is referenced shall also be produced. The term “communication” shall mean any transmission of information by any mean 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. The term “referring” or “relating” shall mean showing, disclosing, averting to, comprising, evidencing, constituting or reviewing. 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, with limitation.” All other words have their plain ordinary meaning.INTERROGATORIES State the name, title, address and phone number of each person who assisted with in the formulation of the answers to these Interrogatories. State the name, address, phone number and title of each person(s) who had any role, whatsoever, in analyzing or adjusting the insurance claim of Plaintiffs for the damages and claim which underlie this litigation, giving a brief description of each person’s responsibilities and actions regarding this matter. Identify which individuals participate in the coverage determination reached by Defendant in this claim number 001-00-264554, which is the subject of this litigation. State the names, addresses, phone numbers and titles of any person known to you or your attorneys who has any relevant knowledge of the issues, which form the basis of this litigation, whether or not that knowledge supports your position, and state the nature or general substance of each person(s) knowledge. Identify all insurance policies that Defendant subscribed, issued, or sold to Plaintiffs. Please include policy numbers and effective dates of each policy.5. State with specificity all contractual amounts owed to Plaintiffs by Defendant as a result of the loss and damage, which forms the basis of this litigation, whether or not payment has been tendered to Plaintiffs. With respect to each amount listed in the preceding interrogatory: a. Identify the specific provision of the contract of insurance, which provides the basis for the amount owed. b. Disclose with specificity sufficient to effect service of process the identity of every person and entity upon whom Defendant relied in determining the amounts owed to Plaintiffs. State whether Plaintiffs made any previous claims to Defendant on the policy of insurance that is the subject of this litigation, or any other policy with Defendant, and for each previous claim state: the nature of the claim; the date of the claim, the amount claim; and the amount paid by Defendant on the claim.8. Identify by name, author and date of report, all reports, estimates, evaluations, appraisals, or similar documents prepared by or on behalf of Defendant concerning any aspect of the loss and damage that underlies this litigation. 9. Identify by name and address all persons participating in or assisting in the preparation of the following: a. Any inventory, lists, etc. of the real and/or personal property of Plaintiffs damaged or destroyed in the loss that underlies this litigation. b. Any and all statements and/or proofs of loss filed with Defendant by or on behalf of Plaintiffs. 10. Identify all expert witnesses you have retained or consulted which you will or may call to testify at the trial of this litigation and state the subject matter to which each is expected to testify.11. Disclose with specificity sufficient to effect service of process the identity of all information bureaus and third-party sources from which Defendant has sought information related to Plaintiffs and for each such information bureaus or third-party source state the exact information requested and the information obtained. 12. List all payments by Defendant to, or on behalf of Plaintiffs, stating the amount of payment, the date of payment, the exact coverage for which payment was made (e.g. damage to the personal property), and for persons or entities other than Plaintiffs, the name and address of the person or entity to whom payment was made. 13. What facts and circumstances did Defendant rely on when making the coverage determination in claim number 001-00-264554, which is the subject of this litigation? 14. State the facts and circumstances Defendant relies upon for each affirmative defense set forth in the Answer and Affirmative Defenses filed in this matter.15. Do you contend that anything other than a covered peril under the subject homeowners’ policy is, or may be, the cause, in whole or in part, of damage to the insured premises, for which claims have been asserted against you in this lawsuit? If so, state the legal basis for your contention, the facts or evidence upon which your contention is based, and whether or not previously notified Plaintiffs of your contention. 16. List any codes, regulations, standards, treatises, manuals, journals, authoritative texts, statutes, rules, and/or generally accepted theories that were referenced or relied upon when determining the cause and/or origin of any and all damage submitted with claim number 001-00-264554, which is the subject of this litigation. 17. Are you aware of any other alleged hail damage losses within a two-block radius of the Property which occurred on or about February 6, 2021? If answering in the affirmative, please state the nature of the claim, the date, the damage, and the resolution of the claim. 10CITIZENS PROPERTY INSURANCE CORPORATION By: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this dayof_ , 2021, by who is personally known tome or who has produced as identification and who did (did not) take an oath, and who says the he/she executed the foregoing Answers to Interrogatories and that the Answers are true and correct to the best of his/ her knowledge and belief. Notary Public (seal) Printed Name 11