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Filing # 127765274 E-Filed 05/28/2021 01:56:50 PM
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR
ELORS ETIENNE AND ADJANIE BROWARD COUNTY, FLORIDA
ETIENNE,
CASE NO.
Plaintiffs,
V
UNIVERSAL PROPERTY & CASUALTY
INSURANCE COMPANY,
Defendant.
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PLAINTIFF'S FIRST SET OF INTERROGATORIES
Pursuant to Rule 1.340, Florida Rules of Civil Procedure, Plaintiff, ELORS ETIENNE
AND ADJANIE ETIENNE , (the "Insured") propound the following First Set of Interrogatories
upon Defendant, UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, (the
"Insurance Company"), to be answered in writing, under oath, within the time permitted by the
Florida Rules of Civil Procedure.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true copy of the foregoing was furnished via electronic mail
to: on May 28, 2021.
Respectfully submitted,
FELDMAN & LOPEZ, P.A.
9990 SW 77th Avenue
Miami, FL 33156
Phone: (305) 779-5904
By: /s/ Carolina Lopez
Carolina Lopez, Esq.
Florida Bar No. 1000488
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FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/28/2021 01:56:46 PM.****
DEFINITIONS AND INSTRUCTIONS
1. Insert your answers in the space provided following each question. If additional
space is needed, so indicate in the space provided, prepare your answers on a
separate paper, and
attach the additional paper to your answers.
2. Separately answer each interrogatory, and each subsection of each interrogatory.
The term "you" and "your" means the party or parties to which this request is addressed, including
its divisions, departments, subsidiaries, affiliates, predecessors, present or former officers,
directors, owners, agents, accountants, attorneys, and all other persons acting or purporting to act
on its behalf, as well as each partnership in which it is a partner.
3 The terms "Insurance Company" or "Defendant"means the defendant in this action
to which these Interrogatories are addressed, including its agents, attorneys, accountants, and all
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other persons acting or purporting to act on their behalf. The terms "Insurance Company" or
"Defendant" also includes the party's divisions, departments, subsidiaries,affiliates, predecessors,
present or former officers, directors, owners, agents, attorneys, and accountants as well as each
partnership in which it is a partner, and includes any other person, acting or purporting to act on
its behalf.
4. The terms "you" and "your" mean the party or parties to which these interrogatories
are addressed, including its agents, attorneys, accountants, and all other persons acting or
purporting to act on its behalf.
5. The "Complaint" means the Complaint filed by Plaintiffs in the matter entitled
ELORS ETIENNE AND ADJANIE ETIENNE VS. UNIVERSAL PROPERTY & CASUALTY
INSURANCE COMPANY in Broward. .
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6. The term "Claim" means any statement, concept, assertion, idea, allegation, fact,
law, rule, theory, observation,cause of action, or principle whatsoever, based upon which Plaintiffs
demand that it has suffered damages, or has a right to payment, as the result of any act or omission
of Defendant.
7. The terms "person" or "persons" mean any natural person, individual,
proprietorship, partnership, corporation, association, organization, joint venture, firm, other
business enterprise, governmentalbody, and group of natural persons or other entity, and includes
any other person acting on behalfof a person.
8 The term "contract" means any promise, or set or promises, which creates an
obligation to do or not do a particular thing where there was meeting of the minds on a given
proposition and an understanding and intention between the parties.
9- The term "communication" means any information given, whether oral or written;
any oral or written statement, conference, consultation, dialogue, colloquy, discussion,
conversation, agreement, the sharing ofknowledge by one with another, bargaining preparatory to
making a contract or any expression of any kind.
10. The term "document" means and includes any kind of written, typed, recorded or
graphic matter, however produced or reproduced, of any kind or description, whether sent or
received, and every record of every type, including originals, non-identical copies and drafts, and
both sides of any documentationwhere information appears on both sides, and including but not
limited to: letters, correspondence, memoranda, meeting transcripts or minutes, public filings or
tax returns, papers, books, telegrams, bulletins, notices, announcements, instructions, charts,
manuals, brochures, schedules, cables, telex messages, notes, notations, accountants' working
papers, transcriptions, agendas, reports, recordings of telephone or other conversations, of
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interviews, of conferences or of meetings, telephone messages, diaries, indices, books, reports,
ledgers, working papers, invoices, worksheets, receipts, computer printouts, financial statements,
schedules affidavits, contracts, canceled checks, statements, transcripts, magazine or newspaper
articles, periodicals, releases and any and all drafts, alterations and modifications, changes and
amendments of any ofthe foregoing, whether handwritten, printed or electronicallyprepared, filed
or stored, affidavits, statements, summaries, opinions, reports, studies, analyses, evaluations,
contracts, agreements, journals, statistical records, calendars, appointment books, diaries, lists,
tabulations, sound recordings, computer print-outs, data processing input and output, microfilms,
newspapers, magazines, books, periodicals or press releases, including informationstored on any
electromagnetic storage device, any written, printed, typed, recorded, or graphic matter, however
produced or reproduced or stored to which you have or had access. "Document" shall also be
deemed to include any summary of a document or documents called for hereafter.
11. The term "all documents" means every document or group of documents as above
defined that are known to you or that can be located or discoveredby reasonably diligent efforts.
12. As used herein the singular shall include the plural, the plural shall include the
singular, and the masculine, feminine, and neutral shall include each of the other genders.
13. The terms "and" as well as "or" shall be construed disjunctively as well as
conjunctively as necessary to make the interrogatory inclusive rather than exclusive. The term
"all" means "any and all." The term "each" means "each and every," and the term "every" means
"each and every."
14. The terms "refer" or "relate to" mean setting forth, pertaining to, memorializing,
constituting,embodying, discussing, analyzing,reflecting or otherwise concerning.
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15. The terms "locate" or "location" means to state the present whereabouts of each
Document and to identify the persons having possession, custody or control thereof.
16. The term "to date" shall mean the date on which you answer these interrogatories.
17. The term "including" means "including but not limited to".
18. "Relating to" or "relevant to" means embodying, pertaining to, concerning,
involving, constituting,comprising,reflecting, discussing, evidencing, referring to, consisting of,
or having any logical or factual connection whatever with the subject matter in question.
19. The term "Identify," when used with reference to a natural person, means state:
(a) his full name and address (or, if the present address is not known, his last
known address).
(b) the full name and address of each of his employers, each corporation of
which he is an officer or director and each business in which he is a
principal.
(c) his present (or, if the present is not known, his last known) position and his
position or positions at the time of the act to which the interrogatoryanswer
relate, and
(d) such other informationsufficient to enable Plaintiff to identify the person.
20. "Identify," when used with reference to any entity other than a natural person,
means:
(a) state the full name of the entity, the type of
entity (e.g., corporation,
partnership, etc.), the address of its principal place ofbusiness, its principal
business activity, and if it is a corporation, the jurisdiction under the laws
of which it has been organized and the date of such organization.
21. "Identify," when used with reference to a document or written communication,
means state:
(a) its (e.g., letter, telegram, floppy disc, computer printout,
nature
memorandum, chart, report or study), date, author, date and place of
preparation and the name and address of each addressee, if there is an
addressee;
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(b) the identity of each signer to the document or communication;
(c) the title or heading of the document or communication;
(d) its substance;
(e) its present (or, if the present is not known, the last known) location and
custodian.
(f) the identity of each person to whom a copy was sent and each date of its
receipt and each date of its transmittal or other disposition by (I) respondent
and (ii) any other person (naming such other person) who, at any time, either
received, transmitted or otherwise disposed of such document or
communicationand each copy thereof;
(g) the circumstances of each such receipt and each transmittal or other
disposition,including identificationof the person from whom received and
the person to whom transmitted.
22. "Identify," when used with reference to an oral transaction or oral communication,
means state:
(a) its nature (e.g., telephone call, conversation in person, etc.)
(b) the date and place thereof.
(c) the identity and address of each person participating therein, present during
or witness to any part thereof.
(d) identify each document in which such transaction or communication was
recorded, described or referred to.
23. "Identify" when used with reference to a lawsuit means state:
(a) the caption of each lawsuit;
(b) the court in which the lawsuit was filed;
(c) the case number;
(d) identify the parties, and
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(e) a brief summary of the nature of the claim or charge.
24. "Identify" when used with reference to an administrative claim or charge means
state:
(a) identify the claimant or charging party;
(b) the administrativeoffice were filed;
(c) the number assigned to identify the claim or charge, and
(d) a brief summary of the nature of the claim or charge.
25. "Identify," when used in any other context that is herein above set forth, means to
describe the act, word, situation, event, etc. (and/or conduct, course of action of any nature
whatsoever, including without limitation any failure to act, to engage in any conduct or to pursue
any course of action), to be identified as fully as possible and identify each document or
communicationor act in which such act, word, situation, event, conduct or course of action, etc.,
was recorded, refers or relates to each answer, forms all or part of the basis for an answer; and/or
corroborates and answer.
26. You may, in lieu of identifying any Document or written communication, attach a
true copy of each Document as an exhibit to the answers to these interrogatories. On each occasion
in which you choose to attach a Document as your answer to an interrogatory, identify the portion
of the Document that answers the interrogatory.
27. Identify each Document produced pursuant to an interrogatory by the paragraph
number of the interrogatory in response to which it is produced and by the file from which the
document was produced.
28. If any of the informationfurnished in an answer to all or part of an interrogatory is
not within your personal knowledge, identify each person who has personal knowledge of the
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information furnished in such answer and each person who communicated to you any part of the
informationfurnished.
29. If the answer to all or any part of the interrogatory is not presently known or
available to you, include a statement to that effect, furnish the informationnow known or otherwise
available to you, and respond to the entire interrogatory by supplemental answer, in writing, under
oath, within ten days from the time the entire answer becomes known or available to you, but. in
no event less than five days prior to trial.
30. If you contend that it would be unreasonably burdensome to obtain and provide all
of the informationcalled for in response to any one of these interrogatories or any subpart thereof,
then in response to the appropriate interrogatoryor subpart:
(a) set forth all such information that is available to you without
undertaking what you contend to be an unreasonable burden;
(b) state with particularity the grounds on which you contend that
additional efforts to obtain such informationwould be unreasonably
burdensorne; and
(c) describe with particularitythe efforts made by you to secure such
information, including, without limitation, the identity of all persons
consulted, and files, records, and documents reviewed, and the
identity of each person who participated in gathering such
information, including the duration oftime spent and nature ofwork
done by each person.
31. Unless your response to an interrogatory is complete when made, these
interrogatories are continuing insofar as you are required to promptly make further or supplemental
answers if new informationis discovered and/or acquired by you between the date of your initial
answer and any time thereafter.
32. If you claim in response to any request for production that any requested document
is "privileged" and not subject to discovery, you shall so state expressly and, in addition, shall
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provide a privilege log, describing the nature of the documents, communications or things not
produced or disclosed in a manner that, without revealing the information itself privileged or
protected, will enable other parties to assess the applicability of the privilege or protection.
33. If all of the informationfurnished in answer to all or part of an interrogatory is not
within the personal knowledge of the affiant, identify each person to whom all or part of the
information furnished is a matter of personal knowledge and each person who communicated to
the affiant any part of the informationfurnished.
34. To the extent precise and complete information cannot be furnished, such
information as is available shall be supplied, together with an estimate ofthe precise and complete
information. Where such an estimate is given, the method employed in making the estimate shall
be described.
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INTERROGATORIES
1. Please state the name, title, current business address, and phone number of all
persons answering or assisting with the answering of this set of interrogatories.
2. Please state the date that the Insurance Company first received notice from the
Insureds for a claim of benefits under the Policy for property damages as described in the
Complaint in this lawsuit.
3 In reference to the Insurance Company's denial of the Insureds claim for benefits
under the Policy, please state:
a. The date the decision to deny the claim was made.
b. Identify each person who participated in the decision to deny the Insureds
claim.
C Describe each and every fact upon which you relied in forming the basis for
your denial of the Insureds claim.
d. Identify each document sent by the Insurance Company to the Insureds
detailing the reasons why the Insurance Company denied the Insureds claim.
e. State the location, including, page(s), line(s) and paragraph number(s), and
the exact language contained in the Policy, which you used to base your decision to deny
coverage of the Insureds claim.
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4. Identify each person,
by name, address, phone number and position, whom on
behalf of the Insurance Company, inspected the Insureds Property in reference to the claim for
benefits under the Policy, including his or her field of expertise and the date of each inspection.
Also provide any estimates or reports prepared as a result of said inspection.
5. Identify each written estimate for repair or replacement,including the amount set
forth in each estimate, which has been provided to the Insurance Company by the Insureds in
reference to the Insureds claim for benefits under the Policy.
6. Identify all persons (other than the Insurance Company) believed or known by you,
your agents or attorneys to have knowledge concerning any of the issues raised by the pleadings,
specifying the subject matter about which witnesses have knowledge and state whether you have
obtained any statements (oral, written or recorded) from any of said witnesses, list the dates any
such witness statements were taken, by whom any such witness were taken and who has the present
possession, custody and control of any such statements.
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7. Identify all persons who, on the Insurance Company's behalf have any way
participated in the investigation, evaluation, adjusting or handling ofthe claim involved hereto and
specify the nature of the participation for each and every such person and give the time period
during which they participated.
8 For each decision that was made that the claim of the Insureds were allegedly not
covered under the Policy, please state the date you first decided that the Insureds was allegedlynot
covered, the date you arrived at the conclusion the Insureds was not covered and the names and
address and phone number and the dates of involvementof each and every person that knows any
information concerning these matters.
9- Refer to the page and line of any and all written guidelines you used in the claims
handling process that justify the investigation and claims handling such as was conducted with
regards to the claims presented by the Insureds.
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10. Please describe all requests made by the Insurance
Company upon the Insureds
(i.e., requests for examination under oath, information, documents, proofs of loss, etc.,) in
sworn
reference to this claim and the dates made.
11.With reference to each of your affirmative defenses raised in the lawsuit, please
describe each and every fact upon which you rely to substantiate such affirmative defense,
including identificationof all witnesses to each such fact.
12. Please state the name ofthe field adjuster and examiner who inspected the property.
Include the name, address, and telephone numbers of the adjuster and examiner and any
information or documentationrelated to their inspection of said property.
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13. Please state whether any payments were tendered to the Insureds as a result ofthe claim
at issue, and if so, state whether the Insurance Company disagrees with the amount claimed by the
insured and the basis for said disagreement.
14. If no payments tendered, please discuss if full detail and specifying
were the
corresponding policy language as to why the insureds are not entitled to receive payment for the
damage at issue.
15. Please discuss your procedure for processing water damage claims and whether water
damage is covered under the policy. This question includes but is not limited to the claim handling
process, the inspection, and the preparation of any and all reports used to disqualify the claim. If
you claim this informationis privileged, please prepare a log as to what informationis privileged
and identify why said informationshould not be produced.
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16. Please discuss why the Insurance Company is in
dispute with the amount claimed by
the Insureds for the damage to the covered property. State with particularity all the reasons the
claimed damage was disputed. If your answer refers to a document, please provide the document.
If your answer includes insurance claim handling language, provide the document containing said
language.
17. List all documentsyou have gathered in your investigation of this claim. This includes
but is not limited to documentsprovided by the insureds and documentsreceived from third parties
to this lawsuit. Ifyou claim these documents are privileged, please provide a log ofthe documents
and explain the basis for claiming the privilege.
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IN WITNESS WHEREOF, the Insurance Company has executed the foregoing answers to
interrogatories and states that same are true and correct to the best ofthe undersigned'sknowledge
and belief.
Name of the Insurance Company
By-
Title:
STATE OF FLORIDA t
t
COUNTY OF Broward t
BEFORE ME, the undersigned authority,personally appeared
,
who is personally known to me or who has produced
as identification, being first duly sworn according to law, deposes and says that he executed the
foregoing Answers to Plaintiff's First Set of Interrogatories and that they are true and correct to
the best of his/her knowledge and belief.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of my
office; in the County and State last aforesaid, this dayor ,2021.
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Preview
Filing # 127765274 E-Filed 05/28/2021 01:56:50 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR ELORS ETIENNE AND ADJANIE BROWARD COUNTY, FLORIDA ETIENNE, CASE NO. Plaintiffs, V UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. i PLAINTIFF'S FIRST SET OF INTERROGATORIES Pursuant to Rule 1.340, Florida Rules of Civil Procedure, Plaintiff, ELORS ETIENNE AND ADJANIE ETIENNE , (the "Insured") propound the following First Set of Interrogatories upon Defendant, UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, (the "Insurance Company"), to be answered in writing, under oath, within the time permitted by the Florida Rules of Civil Procedure. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing was furnished via electronic mail to: on May 28, 2021. Respectfully submitted, FELDMAN & LOPEZ, P.A. 9990 SW 77th Avenue Miami, FL 33156 Phone: (305) 779-5904 By: /s/ Carolina Lopez Carolina Lopez, Esq. Florida Bar No. 1000488 1 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/28/2021 01:56:46 PM.**** DEFINITIONS AND INSTRUCTIONS 1. Insert your answers in the space provided following each question. If additional space is needed, so indicate in the space provided, prepare your answers on a separate paper, and attach the additional paper to your answers. 2. Separately answer each interrogatory, and each subsection of each interrogatory. The term "you" and "your" means the party or parties to which this request is addressed, including its divisions, departments, subsidiaries, affiliates, predecessors, present or former officers, directors, owners, agents, accountants, attorneys, and all other persons acting or purporting to act on its behalf, as well as each partnership in which it is a partner. 3 The terms "Insurance Company" or "Defendant"means the defendant in this action to which these Interrogatories are addressed, including its agents, attorneys, accountants, and all .. other persons acting or purporting to act on their behalf. The terms "Insurance Company" or "Defendant" also includes the party's divisions, departments, subsidiaries,affiliates, predecessors, present or former officers, directors, owners, agents, attorneys, and accountants as well as each partnership in which it is a partner, and includes any other person, acting or purporting to act on its behalf. 4. The terms "you" and "your" mean the party or parties to which these interrogatories are addressed, including its agents, attorneys, accountants, and all other persons acting or purporting to act on its behalf. 5. The "Complaint" means the Complaint filed by Plaintiffs in the matter entitled ELORS ETIENNE AND ADJANIE ETIENNE VS. UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY in Broward. . 2 6. The term "Claim" means any statement, concept, assertion, idea, allegation, fact, law, rule, theory, observation,cause of action, or principle whatsoever, based upon which Plaintiffs demand that it has suffered damages, or has a right to payment, as the result of any act or omission of Defendant. 7. The terms "person" or "persons" mean any natural person, individual, proprietorship, partnership, corporation, association, organization, joint venture, firm, other business enterprise, governmentalbody, and group of natural persons or other entity, and includes any other person acting on behalfof a person. 8 The term "contract" means any promise, or set or promises, which creates an obligation to do or not do a particular thing where there was meeting of the minds on a given proposition and an understanding and intention between the parties. 9- The term "communication" means any information given, whether oral or written; any oral or written statement, conference, consultation, dialogue, colloquy, discussion, conversation, agreement, the sharing ofknowledge by one with another, bargaining preparatory to making a contract or any expression of any kind. 10. The term "document" means and includes any kind of written, typed, recorded or graphic matter, however produced or reproduced, of any kind or description, whether sent or received, and every record of every type, including originals, non-identical copies and drafts, and both sides of any documentationwhere information appears on both sides, and including but not limited to: letters, correspondence, memoranda, meeting transcripts or minutes, public filings or tax returns, papers, books, telegrams, bulletins, notices, announcements, instructions, charts, manuals, brochures, schedules, cables, telex messages, notes, notations, accountants' working papers, transcriptions, agendas, reports, recordings of telephone or other conversations, of 3 interviews, of conferences or of meetings, telephone messages, diaries, indices, books, reports, ledgers, working papers, invoices, worksheets, receipts, computer printouts, financial statements, schedules affidavits, contracts, canceled checks, statements, transcripts, magazine or newspaper articles, periodicals, releases and any and all drafts, alterations and modifications, changes and amendments of any ofthe foregoing, whether handwritten, printed or electronicallyprepared, filed or stored, affidavits, statements, summaries, opinions, reports, studies, analyses, evaluations, contracts, agreements, journals, statistical records, calendars, appointment books, diaries, lists, tabulations, sound recordings, computer print-outs, data processing input and output, microfilms, newspapers, magazines, books, periodicals or press releases, including informationstored on any electromagnetic storage device, any written, printed, typed, recorded, or graphic matter, however produced or reproduced or stored to which you have or had access. "Document" shall also be deemed to include any summary of a document or documents called for hereafter. 11. The term "all documents" means every document or group of documents as above defined that are known to you or that can be located or discoveredby reasonably diligent efforts. 12. As used herein the singular shall include the plural, the plural shall include the singular, and the masculine, feminine, and neutral shall include each of the other genders. 13. The terms "and" as well as "or" shall be construed disjunctively as well as conjunctively as necessary to make the interrogatory inclusive rather than exclusive. The term "all" means "any and all." The term "each" means "each and every," and the term "every" means "each and every." 14. The terms "refer" or "relate to" mean setting forth, pertaining to, memorializing, constituting,embodying, discussing, analyzing,reflecting or otherwise concerning. 4 15. The terms "locate" or "location" means to state the present whereabouts of each Document and to identify the persons having possession, custody or control thereof. 16. The term "to date" shall mean the date on which you answer these interrogatories. 17. The term "including" means "including but not limited to". 18. "Relating to" or "relevant to" means embodying, pertaining to, concerning, involving, constituting,comprising,reflecting, discussing, evidencing, referring to, consisting of, or having any logical or factual connection whatever with the subject matter in question. 19. The term "Identify," when used with reference to a natural person, means state: (a) his full name and address (or, if the present address is not known, his last known address). (b) the full name and address of each of his employers, each corporation of which he is an officer or director and each business in which he is a principal. (c) his present (or, if the present is not known, his last known) position and his position or positions at the time of the act to which the interrogatoryanswer relate, and (d) such other informationsufficient to enable Plaintiff to identify the person. 20. "Identify," when used with reference to any entity other than a natural person, means: (a) state the full name of the entity, the type of entity (e.g., corporation, partnership, etc.), the address of its principal place ofbusiness, its principal business activity, and if it is a corporation, the jurisdiction under the laws of which it has been organized and the date of such organization. 21. "Identify," when used with reference to a document or written communication, means state: (a) its (e.g., letter, telegram, floppy disc, computer printout, nature memorandum, chart, report or study), date, author, date and place of preparation and the name and address of each addressee, if there is an addressee; 5 (b) the identity of each signer to the document or communication; (c) the title or heading of the document or communication; (d) its substance; (e) its present (or, if the present is not known, the last known) location and custodian. (f) the identity of each person to whom a copy was sent and each date of its receipt and each date of its transmittal or other disposition by (I) respondent and (ii) any other person (naming such other person) who, at any time, either received, transmitted or otherwise disposed of such document or communicationand each copy thereof; (g) the circumstances of each such receipt and each transmittal or other disposition,including identificationof the person from whom received and the person to whom transmitted. 22. "Identify," when used with reference to an oral transaction or oral communication, means state: (a) its nature (e.g., telephone call, conversation in person, etc.) (b) the date and place thereof. (c) the identity and address of each person participating therein, present during or witness to any part thereof. (d) identify each document in which such transaction or communication was recorded, described or referred to. 23. "Identify" when used with reference to a lawsuit means state: (a) the caption of each lawsuit; (b) the court in which the lawsuit was filed; (c) the case number; (d) identify the parties, and 6 (e) a brief summary of the nature of the claim or charge. 24. "Identify" when used with reference to an administrative claim or charge means state: (a) identify the claimant or charging party; (b) the administrativeoffice were filed; (c) the number assigned to identify the claim or charge, and (d) a brief summary of the nature of the claim or charge. 25. "Identify," when used in any other context that is herein above set forth, means to describe the act, word, situation, event, etc. (and/or conduct, course of action of any nature whatsoever, including without limitation any failure to act, to engage in any conduct or to pursue any course of action), to be identified as fully as possible and identify each document or communicationor act in which such act, word, situation, event, conduct or course of action, etc., was recorded, refers or relates to each answer, forms all or part of the basis for an answer; and/or corroborates and answer. 26. You may, in lieu of identifying any Document or written communication, attach a true copy of each Document as an exhibit to the answers to these interrogatories. On each occasion in which you choose to attach a Document as your answer to an interrogatory, identify the portion of the Document that answers the interrogatory. 27. Identify each Document produced pursuant to an interrogatory by the paragraph number of the interrogatory in response to which it is produced and by the file from which the document was produced. 28. If any of the informationfurnished in an answer to all or part of an interrogatory is not within your personal knowledge, identify each person who has personal knowledge of the 7 information furnished in such answer and each person who communicated to you any part of the informationfurnished. 29. If the answer to all or any part of the interrogatory is not presently known or available to you, include a statement to that effect, furnish the informationnow known or otherwise available to you, and respond to the entire interrogatory by supplemental answer, in writing, under oath, within ten days from the time the entire answer becomes known or available to you, but. in no event less than five days prior to trial. 30. If you contend that it would be unreasonably burdensome to obtain and provide all of the informationcalled for in response to any one of these interrogatories or any subpart thereof, then in response to the appropriate interrogatoryor subpart: (a) set forth all such information that is available to you without undertaking what you contend to be an unreasonable burden; (b) state with particularity the grounds on which you contend that additional efforts to obtain such informationwould be unreasonably burdensorne; and (c) describe with particularitythe efforts made by you to secure such information, including, without limitation, the identity of all persons consulted, and files, records, and documents reviewed, and the identity of each person who participated in gathering such information, including the duration oftime spent and nature ofwork done by each person. 31. Unless your response to an interrogatory is complete when made, these interrogatories are continuing insofar as you are required to promptly make further or supplemental answers if new informationis discovered and/or acquired by you between the date of your initial answer and any time thereafter. 32. If you claim in response to any request for production that any requested document is "privileged" and not subject to discovery, you shall so state expressly and, in addition, shall 8 provide a privilege log, describing the nature of the documents, communications or things not produced or disclosed in a manner that, without revealing the information itself privileged or protected, will enable other parties to assess the applicability of the privilege or protection. 33. If all of the informationfurnished in answer to all or part of an interrogatory is not within the personal knowledge of the affiant, identify each person to whom all or part of the information furnished is a matter of personal knowledge and each person who communicated to the affiant any part of the informationfurnished. 34. To the extent precise and complete information cannot be furnished, such information as is available shall be supplied, together with an estimate ofthe precise and complete information. Where such an estimate is given, the method employed in making the estimate shall be described. 9 INTERROGATORIES 1. Please state the name, title, current business address, and phone number of all persons answering or assisting with the answering of this set of interrogatories. 2. Please state the date that the Insurance Company first received notice from the Insureds for a claim of benefits under the Policy for property damages as described in the Complaint in this lawsuit. 3 In reference to the Insurance Company's denial of the Insureds claim for benefits under the Policy, please state: a. The date the decision to deny the claim was made. b. Identify each person who participated in the decision to deny the Insureds claim. C Describe each and every fact upon which you relied in forming the basis for your denial of the Insureds claim. d. Identify each document sent by the Insurance Company to the Insureds detailing the reasons why the Insurance Company denied the Insureds claim. e. State the location, including, page(s), line(s) and paragraph number(s), and the exact language contained in the Policy, which you used to base your decision to deny coverage of the Insureds claim. 10 4. Identify each person, by name, address, phone number and position, whom on behalf of the Insurance Company, inspected the Insureds Property in reference to the claim for benefits under the Policy, including his or her field of expertise and the date of each inspection. Also provide any estimates or reports prepared as a result of said inspection. 5. Identify each written estimate for repair or replacement,including the amount set forth in each estimate, which has been provided to the Insurance Company by the Insureds in reference to the Insureds claim for benefits under the Policy. 6. Identify all persons (other than the Insurance Company) believed or known by you, your agents or attorneys to have knowledge concerning any of the issues raised by the pleadings, specifying the subject matter about which witnesses have knowledge and state whether you have obtained any statements (oral, written or recorded) from any of said witnesses, list the dates any such witness statements were taken, by whom any such witness were taken and who has the present possession, custody and control of any such statements. 11 7. Identify all persons who, on the Insurance Company's behalf have any way participated in the investigation, evaluation, adjusting or handling ofthe claim involved hereto and specify the nature of the participation for each and every such person and give the time period during which they participated. 8 For each decision that was made that the claim of the Insureds were allegedly not covered under the Policy, please state the date you first decided that the Insureds was allegedlynot covered, the date you arrived at the conclusion the Insureds was not covered and the names and address and phone number and the dates of involvementof each and every person that knows any information concerning these matters. 9- Refer to the page and line of any and all written guidelines you used in the claims handling process that justify the investigation and claims handling such as was conducted with regards to the claims presented by the Insureds. 12 10. Please describe all requests made by the Insurance Company upon the Insureds (i.e., requests for examination under oath, information, documents, proofs of loss, etc.,) in sworn reference to this claim and the dates made. 11.With reference to each of your affirmative defenses raised in the lawsuit, please describe each and every fact upon which you rely to substantiate such affirmative defense, including identificationof all witnesses to each such fact. 12. Please state the name ofthe field adjuster and examiner who inspected the property. Include the name, address, and telephone numbers of the adjuster and examiner and any information or documentationrelated to their inspection of said property. 13 13. Please state whether any payments were tendered to the Insureds as a result ofthe claim at issue, and if so, state whether the Insurance Company disagrees with the amount claimed by the insured and the basis for said disagreement. 14. If no payments tendered, please discuss if full detail and specifying were the corresponding policy language as to why the insureds are not entitled to receive payment for the damage at issue. 15. Please discuss your procedure for processing water damage claims and whether water damage is covered under the policy. This question includes but is not limited to the claim handling process, the inspection, and the preparation of any and all reports used to disqualify the claim. If you claim this informationis privileged, please prepare a log as to what informationis privileged and identify why said informationshould not be produced. 14 16. Please discuss why the Insurance Company is in dispute with the amount claimed by the Insureds for the damage to the covered property. State with particularity all the reasons the claimed damage was disputed. If your answer refers to a document, please provide the document. If your answer includes insurance claim handling language, provide the document containing said language. 17. List all documentsyou have gathered in your investigation of this claim. This includes but is not limited to documentsprovided by the insureds and documentsreceived from third parties to this lawsuit. Ifyou claim these documents are privileged, please provide a log ofthe documents and explain the basis for claiming the privilege. 15 IN WITNESS WHEREOF, the Insurance Company has executed the foregoing answers to interrogatories and states that same are true and correct to the best ofthe undersigned'sknowledge and belief. Name of the Insurance Company By- Title: STATE OF FLORIDA t t COUNTY OF Broward t BEFORE ME, the undersigned authority,personally appeared , who is personally known to me or who has produced as identification, being first duly sworn according to law, deposes and says that he executed the foregoing Answers to Plaintiff's First Set of Interrogatories and that they are true and correct to the best of his/her knowledge and belief. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of my office; in the County and State last aforesaid, this dayor ,2021. 16