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Filing # 132490940 E-Filed 08/11/2021 03:56:29 PM
IN THE CIRCUIT COURT OF THE
FIRST JUDICIAL CIRCUIT IN AND
FOR ESCAMBIA COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
TYRONE GRACE,
Plaintiff,
vs.
HOMEOWNERS CHOICE PROPERTY
AND CASUALTY INSURANCE COMPANY, INC., CASE NO: 2021-CA-002211
Defendant.
/
DEFENDANT’S NOTICE OF SERVICE OF
FIRST SET OF INTERROGATORIES TO PLAINTIFF
TO Amy D. Boggs, Esquire
Donald Scott Boggs, Esquire
Boggs Law Group, P.A.
4554 Central Avenue, Suite L
St. Petersburg, Florida 33711
Boggs-pleadings@boggslawgroup.com
Defendant, Homeowners Choice Property and Casualty Insurance Company, in full
accordance with all applicable Florida Rules of Civil Procedure, hereby requests that
Plaintiff, Tyrone Grace, answer the attached interrogatories within thirty days after service.
CURT ALLEN, ESQUIRE
Florida Bar No.: 0008028
NATALIE MOUSSEAU, ESQUIRE
Florida Bar No.: 1002361
Bush Ross, P.A.
P.O. Box 3913
Tampa, Florida 33601
callen@bushross.com
nmousseau@bushross.com
Secondary: cproudfoot@bushross.com
Telephone: (813) 224-9255
Counsel for Defendant
CERTIFICATE OF SERVICE
| certify that a copy of the foregoing notice, together with the original of said
interrogatories, have been furnished to the above-named addressees by E-Portal on August
11, 2021.
oea A,
CURT ALLEN, ESQUIRE
DEFINITIONS
“You” and “your” mean Plaintiff, Tyrone Grace, his representatives, agents, and
assigns.
“Homeowners Choice” means Defendant, Homeowners Choice Property and
Casualty Insurance Company, its employees, representatives, agents, and assigns.
The term “documents” means writings, letters, telegrams, notes, memoranda,
recorded collections of conferences or telephone conversations, reports, studies, lists,
any written compilation of data, bills, invoices, records, papers, books, contracts,
drawings, photographs, blue prints, floor plans, animation, models, schematics, maps,
videotape, mechanical or electronic recordings in any form, and all other identifiable
objects upon which any inscription, handwriting, typing, printing, drawing,
representation by any means, whether magnetic, electrical, photostatic, or any other
form of communication is recorded, reproduced, perpetuated, maintained, or
preserved.
The term “communications” means any transmission of information by any means,
including, without limitation, by spoken language, electronic transmission of data, or
any other means. The term “communications” 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
information.
The term “relating to” means referencing, demonstrating, concerning, showing,
disclosing, averting to, memorializing, comprising, describing, evidencing, supporting,
refuting, or constituting.
IN THE CIRCUIT COURT OF THE
FIRST JUDICIAL CIRCUIT IN AND
FOR ESCAMBIA COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
TYRONE GRACE,
Plaintiff,
vs.
HOMEOWNERS CHOICE PROPERTY
AND CASUALTY INSURANCE COMPANY, INC., CASE NO: 2021-CA-002211
Defendant.
/
INTERROGATORIES TO PLAINTIFF
List the name, title, occupation, address and telephone number of any person who
has knowledge of any fact relating to the subject insurance claims, any purported
assignment of the claims, or the lawsuit. As to each person listed, include a summary
of his or her knowledge, including the basis of it.
ANSWER:
List the name, title, occupation, address and telephone number of any public adjuster,
engineer, consultant, expert, technician, repairperson, inspector, contractor, and/or
like individual, with knowledge relating to any damage, and/or repairs made, to the
property that is the subject of the lawsuit within the last fifteen years before today. As
to each person listed, include a summary of his or her knowledge, including the basis
of it.
ANSWER:
Specify, in detail, all of the damages that you are claiming or seeking in this lawsuit,
including, but not limited to, compensatory damages, consequential damages,
punitive damages, pre-judgment interest, attorney fees, and costs. Your response
should set forth the total amount claimed or sought, the type of damages claimed or
sought, the amount claimed or sought per type of damage, a detailed account of the
calculations used to arrive at each amount, the policy provision(s) supposedly
providing coverage, and any legislative provision purportedly requiring payment.
Your response should also specify the amount sought for actual cash value and
replacement cost benefits, and include a line item breakdown. Include the name,
title, occupation, address, and telephone number of any person with knowledge, and
identify all documents and communications, relating to the damages sought. As to
each person listed, include a summary of his or her knowledge, including the basis
of it.
ANSWER:
Provide a detailed account of all legal actions, other than this action, relating to you.
Include the case style; the nature of the allegations; whether the action is still
pending; and, if the action has been resolved, the specific manner of resolution (i.e.,
dismissal, summary judgment, jury verdict, court order). Supply the name, title,
occupation, address, and telephone number of any person with knowledge, and
identify all documents and communications, relating to the action. As to each person
listed, provide a summary of his or her knowledge, including the basis of it.
ANSWER:
Provide a detailed account of all insurance claims, other than these claims, relating to
you. Include the name of the insurer; the date of loss; the nature of the claim(s);
whether the claim(s) was the subject of a lawsuit; whether the claim(s) has been
resolved; and, if the claim(s) was resolved, how. Supply the name, title, occupation,
address, and telephone number of any person with knowledge, and identify all
documents and communications, relating to the claims. As to each person listed,
provide a summary of his or her knowledge, including the basis of it.
ANSWER:
Provide a detailed factual basis for each denial in your response to Homeowners
Choice’s First Request for Admissions served concurrently with these interrogatories.
Include the name, title, occupation, address, and telephone number of any person with
knowledge, and identify all documents and communications, relating to the denial. As
to each person listed, provide a summary of his or her knowledge, including the basis
of it.
ANSWER:
Provide the factual basis for each allegation in the Complaint. Include the name, title,
occupation, address, and telephone number of any person with knowledge, and
identify all documents and communications, relating to the allegations. As to each
person listed, include a summary of his or her knowledge, including the basis of it.
ANSWER:
Provide the factual basis for your allegation that Homeowners Choice has breached
the insurance policy, including the provision(s) purportedly breached. Include the
name, title, occupation, address, and telephone number of any person with
knowledge, and identify all documents and communications, relating to the allegation.
As to each person listed, include a summary of his or her knowledge, including the
basis of it.
ANSWER:
If you contend that you provided “prompt” notice to Homeowners Choice of all claimed
damage, please specify: (1) the claimed damage; (2) when the claimed damage was
identified; (3) the date notice was purportedly provided; (4) who purportedly provided
the notice; (5) to whom the notice was purportedly provided; (6) how the notice was
purportedly provided (i.e., letter); and (7) an itemization of all documents supporting
the foregoing. Include the name, title, occupation, address, and telephone number of
any person with knowledge, and identify all documents and communications, relating
to your contentions. As to each person listed, include a summary of his or her
knowledge, including the basis of it.
ANSWER:
10. If you contend that you furnished Homeowners Choice with a sworn proof of loss, for
each such document purportedly supplied please provide: (1) a specific description of
what purportedly was supplied; (2) the date it purportedly was supplied; (3) how it
purportedly was supplied (i.e., letter); (4) by whom it purportedly was supplied; (5) to
whom it purportedly was supplied; and (6) an itemization of all documents supporting
the foregoing. Include the name, title, occupation, address, and telephone number of
any person with knowledge, and identify all documents and communications, relating
to the purportedly supplied sworn proof of loss. As to each person listed, include a
summary of his or her knowledge, including the basis of it.
ANSWER:
11 If you contend that you furnished Homeowners Choice with documents, pursuant to
its request or otherwise, for each such document purportedly supplied please provide:
(1) a specific description of what purportedly was supplied; (2) the date it purportedly
was supplied; (3) how it purportedly was supplied (i.e., letter); (4) by whom it
purportedly was supplied; (5) to whom it purportedly was supplied; and (6) an
itemization of all documents supporting the foregoing. Include the name, title,
occupation, address, and telephone number of any person with knowledge, and
identify all documents and communications, relating to the purportedly supplied
documents. As to each person listed, include a summary of his or her knowledge,
including the basis of it.
ANSWER:
12. If you contend that you fully and completely satisfied all post-loss obligations under
the subject insurance policy, pursuant to Homeowners Choice’s request or otherwise,
describe, in detail, all such compliance. Include the name, title, occupation, address,
and telephone number of any person with knowledge, and identify all documents and
communications, relating to the purported compliance. As to each person listed,
include a summary of his or her knowledge, including the basis of it.
ANSWER:
13. If you contend that Homeowners Choice was not prejudiced by noncompliance with
policy conditions, detail your contentions. Include the name, title, occupation, address,
and telephone number of any person with knowledge, and identify all documents and
communications, relating to the response. As to each person listed, include a
summary of his or her knowledge, including the basis of it.
ANSWER:
14 Detail and explain the damage(s) referenced in Paragraph Sixteen of the Complaint.
Include the name, title, occupation, address, and telephone number of any person with
knowledge, and identify all documents and communications, relating to the response.
As to each person listed, include a summary of his or her knowledge, including the
basis of it.
ANSWER:
15. List each payment made to you relating to the subject insurance claims, the property,
and/or the lawsuit. Include the identity of the individual/entity making the payment,
the date the payment was received, the amount of the payment, and the reason for
the payment. Include the name, title, occupation, address, and telephone number of
any person with knowledge, and identify all documents and communications, relating
to the payment(s). As to each person listed, include a summary of his or her
knowledge, including the basis of it.
ANSWER:
16. Identify and detail any and all contracts relating to the subject insurance claims, or
the lawsuit. Include the name, title, occupation, address, and telephone number of
any person with knowledge, and identify all documents and communications, relating
to the response. As to each person listed, include a summary of his or her
knowledge, including the basis of it.
ANSWER:
17. Detail all inspections at the property. Be sure to identify the scope and
purpose of the inspection(s); whether or not reports were prepared; whether or not
photographs or videotapes were taken; and the custodian of such reports,
photographs, and/or videotapes. Include the name, title, occupation, address, and
telephone number of any person with knowledge, and identify all documents and
communications, relating to the response. As to each person listed, include a
summary of his or her knowledge, including the basis of it.
ANSWER:
18. Detail any purported assignment(s) relating to the subject insurance claims, or the
lawsuit. Include the name, title, occupation, address, and telephone number of any
person with knowledge, and identify all documents and communications, relating to
the response. As to each person listed, include a summary of his or her knowledge,
including the basis of it.
ANSWER:
TYRONE GRACE
ACKNOWLEDGMENT
STATE OF
COUNTY OF
BEFORE ME, the undersigned authority, personally appeared TYRONE GRACE, on
the day of , 2021, who is personally known to me or who
has produced * as identification, and who, after first being
duly sworn, deposes and says that he has read the foregoing Answers to Interrogatories
which were propounded to him by Defendant, Homeowners Choice Property and Casualty
Insurance Company, and that they are true and correct.
SWORN TO AND SUBSCRIBED before me, this day of , 2021.
*List type of identification produced or "N/A," whichever is applicable.
NOTARY PUBLIC
State of Florida at Large
My Commission Expires:
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Filing # 132490940 E-Filed 08/11/2021 03:56:29 PM IN THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT IN AND FOR ESCAMBIA COUNTY, FLORIDA CIRCUIT CIVIL DIVISION TYRONE GRACE, Plaintiff, vs. HOMEOWNERS CHOICE PROPERTY AND CASUALTY INSURANCE COMPANY, INC., CASE NO: 2021-CA-002211 Defendant. / DEFENDANT’S NOTICE OF SERVICE OF FIRST SET OF INTERROGATORIES TO PLAINTIFF TO Amy D. Boggs, Esquire Donald Scott Boggs, Esquire Boggs Law Group, P.A. 4554 Central Avenue, Suite L St. Petersburg, Florida 33711 Boggs-pleadings@boggslawgroup.com Defendant, Homeowners Choice Property and Casualty Insurance Company, in full accordance with all applicable Florida Rules of Civil Procedure, hereby requests that Plaintiff, Tyrone Grace, answer the attached interrogatories within thirty days after service. CURT ALLEN, ESQUIRE Florida Bar No.: 0008028 NATALIE MOUSSEAU, ESQUIRE Florida Bar No.: 1002361 Bush Ross, P.A. P.O. Box 3913 Tampa, Florida 33601 callen@bushross.com nmousseau@bushross.com Secondary: cproudfoot@bushross.com Telephone: (813) 224-9255 Counsel for Defendant CERTIFICATE OF SERVICE | certify that a copy of the foregoing notice, together with the original of said interrogatories, have been furnished to the above-named addressees by E-Portal on August 11, 2021. oea A, CURT ALLEN, ESQUIRE DEFINITIONS “You” and “your” mean Plaintiff, Tyrone Grace, his representatives, agents, and assigns. “Homeowners Choice” means Defendant, Homeowners Choice Property and Casualty Insurance Company, its employees, representatives, agents, and assigns. The term “documents” means writings, letters, telegrams, notes, memoranda, recorded collections of conferences or telephone conversations, reports, studies, lists, any written compilation of data, bills, invoices, records, papers, books, contracts, drawings, photographs, blue prints, floor plans, animation, models, schematics, maps, videotape, mechanical or electronic recordings in any form, and all other identifiable objects upon which any inscription, handwriting, typing, printing, drawing, representation by any means, whether magnetic, electrical, photostatic, or any other form of communication is recorded, reproduced, perpetuated, maintained, or preserved. The term “communications” means any transmission of information by any means, including, without limitation, by spoken language, electronic transmission of data, or any other means. The term “communications” 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 information. The term “relating to” means referencing, demonstrating, concerning, showing, disclosing, averting to, memorializing, comprising, describing, evidencing, supporting, refuting, or constituting. IN THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT IN AND FOR ESCAMBIA COUNTY, FLORIDA CIRCUIT CIVIL DIVISION TYRONE GRACE, Plaintiff, vs. HOMEOWNERS CHOICE PROPERTY AND CASUALTY INSURANCE COMPANY, INC., CASE NO: 2021-CA-002211 Defendant. / INTERROGATORIES TO PLAINTIFF List the name, title, occupation, address and telephone number of any person who has knowledge of any fact relating to the subject insurance claims, any purported assignment of the claims, or the lawsuit. As to each person listed, include a summary of his or her knowledge, including the basis of it. ANSWER: List the name, title, occupation, address and telephone number of any public adjuster, engineer, consultant, expert, technician, repairperson, inspector, contractor, and/or like individual, with knowledge relating to any damage, and/or repairs made, to the property that is the subject of the lawsuit within the last fifteen years before today. As to each person listed, include a summary of his or her knowledge, including the basis of it. ANSWER: Specify, in detail, all of the damages that you are claiming or seeking in this lawsuit, including, but not limited to, compensatory damages, consequential damages, punitive damages, pre-judgment interest, attorney fees, and costs. Your response should set forth the total amount claimed or sought, the type of damages claimed or sought, the amount claimed or sought per type of damage, a detailed account of the calculations used to arrive at each amount, the policy provision(s) supposedly providing coverage, and any legislative provision purportedly requiring payment. Your response should also specify the amount sought for actual cash value and replacement cost benefits, and include a line item breakdown. Include the name, title, occupation, address, and telephone number of any person with knowledge, and identify all documents and communications, relating to the damages sought. As to each person listed, include a summary of his or her knowledge, including the basis of it. ANSWER: Provide a detailed account of all legal actions, other than this action, relating to you. Include the case style; the nature of the allegations; whether the action is still pending; and, if the action has been resolved, the specific manner of resolution (i.e., dismissal, summary judgment, jury verdict, court order). Supply the name, title, occupation, address, and telephone number of any person with knowledge, and identify all documents and communications, relating to the action. As to each person listed, provide a summary of his or her knowledge, including the basis of it. ANSWER: Provide a detailed account of all insurance claims, other than these claims, relating to you. Include the name of the insurer; the date of loss; the nature of the claim(s); whether the claim(s) was the subject of a lawsuit; whether the claim(s) has been resolved; and, if the claim(s) was resolved, how. Supply the name, title, occupation, address, and telephone number of any person with knowledge, and identify all documents and communications, relating to the claims. As to each person listed, provide a summary of his or her knowledge, including the basis of it. ANSWER: Provide a detailed factual basis for each denial in your response to Homeowners Choice’s First Request for Admissions served concurrently with these interrogatories. Include the name, title, occupation, address, and telephone number of any person with knowledge, and identify all documents and communications, relating to the denial. As to each person listed, provide a summary of his or her knowledge, including the basis of it. ANSWER: Provide the factual basis for each allegation in the Complaint. Include the name, title, occupation, address, and telephone number of any person with knowledge, and identify all documents and communications, relating to the allegations. As to each person listed, include a summary of his or her knowledge, including the basis of it. ANSWER: Provide the factual basis for your allegation that Homeowners Choice has breached the insurance policy, including the provision(s) purportedly breached. Include the name, title, occupation, address, and telephone number of any person with knowledge, and identify all documents and communications, relating to the allegation. As to each person listed, include a summary of his or her knowledge, including the basis of it. ANSWER: If you contend that you provided “prompt” notice to Homeowners Choice of all claimed damage, please specify: (1) the claimed damage; (2) when the claimed damage was identified; (3) the date notice was purportedly provided; (4) who purportedly provided the notice; (5) to whom the notice was purportedly provided; (6) how the notice was purportedly provided (i.e., letter); and (7) an itemization of all documents supporting the foregoing. Include the name, title, occupation, address, and telephone number of any person with knowledge, and identify all documents and communications, relating to your contentions. As to each person listed, include a summary of his or her knowledge, including the basis of it. ANSWER: 10. If you contend that you furnished Homeowners Choice with a sworn proof of loss, for each such document purportedly supplied please provide: (1) a specific description of what purportedly was supplied; (2) the date it purportedly was supplied; (3) how it purportedly was supplied (i.e., letter); (4) by whom it purportedly was supplied; (5) to whom it purportedly was supplied; and (6) an itemization of all documents supporting the foregoing. Include the name, title, occupation, address, and telephone number of any person with knowledge, and identify all documents and communications, relating to the purportedly supplied sworn proof of loss. As to each person listed, include a summary of his or her knowledge, including the basis of it. ANSWER: 11 If you contend that you furnished Homeowners Choice with documents, pursuant to its request or otherwise, for each such document purportedly supplied please provide: (1) a specific description of what purportedly was supplied; (2) the date it purportedly was supplied; (3) how it purportedly was supplied (i.e., letter); (4) by whom it purportedly was supplied; (5) to whom it purportedly was supplied; and (6) an itemization of all documents supporting the foregoing. Include the name, title, occupation, address, and telephone number of any person with knowledge, and identify all documents and communications, relating to the purportedly supplied documents. As to each person listed, include a summary of his or her knowledge, including the basis of it. ANSWER: 12. If you contend that you fully and completely satisfied all post-loss obligations under the subject insurance policy, pursuant to Homeowners Choice’s request or otherwise, describe, in detail, all such compliance. Include the name, title, occupation, address, and telephone number of any person with knowledge, and identify all documents and communications, relating to the purported compliance. As to each person listed, include a summary of his or her knowledge, including the basis of it. ANSWER: 13. If you contend that Homeowners Choice was not prejudiced by noncompliance with policy conditions, detail your contentions. Include the name, title, occupation, address, and telephone number of any person with knowledge, and identify all documents and communications, relating to the response. As to each person listed, include a summary of his or her knowledge, including the basis of it. ANSWER: 14 Detail and explain the damage(s) referenced in Paragraph Sixteen of the Complaint. Include the name, title, occupation, address, and telephone number of any person with knowledge, and identify all documents and communications, relating to the response. As to each person listed, include a summary of his or her knowledge, including the basis of it. ANSWER: 15. List each payment made to you relating to the subject insurance claims, the property, and/or the lawsuit. Include the identity of the individual/entity making the payment, the date the payment was received, the amount of the payment, and the reason for the payment. Include the name, title, occupation, address, and telephone number of any person with knowledge, and identify all documents and communications, relating to the payment(s). As to each person listed, include a summary of his or her knowledge, including the basis of it. ANSWER: 16. Identify and detail any and all contracts relating to the subject insurance claims, or the lawsuit. Include the name, title, occupation, address, and telephone number of any person with knowledge, and identify all documents and communications, relating to the response. As to each person listed, include a summary of his or her knowledge, including the basis of it. ANSWER: 17. Detail all inspections at the property. Be sure to identify the scope and purpose of the inspection(s); whether or not reports were prepared; whether or not photographs or videotapes were taken; and the custodian of such reports, photographs, and/or videotapes. Include the name, title, occupation, address, and telephone number of any person with knowledge, and identify all documents and communications, relating to the response. As to each person listed, include a summary of his or her knowledge, including the basis of it. ANSWER: 18. Detail any purported assignment(s) relating to the subject insurance claims, or the lawsuit. Include the name, title, occupation, address, and telephone number of any person with knowledge, and identify all documents and communications, relating to the response. As to each person listed, include a summary of his or her knowledge, including the basis of it. ANSWER: TYRONE GRACE ACKNOWLEDGMENT STATE OF COUNTY OF BEFORE ME, the undersigned authority, personally appeared TYRONE GRACE, on the day of , 2021, who is personally known to me or who has produced * as identification, and who, after first being duly sworn, deposes and says that he has read the foregoing Answers to Interrogatories which were propounded to him by Defendant, Homeowners Choice Property and Casualty Insurance Company, and that they are true and correct. SWORN TO AND SUBSCRIBED before me, this day of , 2021. *List type of identification produced or "N/A," whichever is applicable. NOTARY PUBLIC State of Florida at Large My Commission Expires: