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Filing # 131385781 E-Filed 07/26/2021 12:34:32 PM
IN THE CIRCUIT COURT OF THE 15TH
JUDICIAL CIRCUIT, IN AND FOR PALM
BEACH COUNTY, FLORIDA
CASE NO.: 502021 CA 005186 XXXX MB AI
BRIAN SMITH,
Plaintiff,
Vv.
FIRST COMMUNITY INSURANCE
COMPANY,
Defendant.
/
DEFENDANT’S FIRST REQUEST TO PRODUCE TO PLAINTIFF
Defendant, FIRST COMMUNITY INSURANCE COMPANY, hereby files this First
Request to Produce to Plaintiffs, BRIAN SMITH, to produce the following documents for
inspection and/or photocopying within thirty (30) days of receipt of this request at the offices
specified below. At the trial of this cause, you will also be called upon to produce all of the
documents requested, plus additional documents received by you subsequent to your compliance
with the above Request to Produce.
1. All documents, photographs, videos or other pictorial representations evidencing
roof damage and interior damage sustained by the Plaintiff from the loss which occurred at 7147
Mariana Court, Boca Raton, FL 33433 (“Loss Location”), that was assigned Defendant’s claim
number 20 7833 (“Loss”), including but not limited to, estimates for repairs, proposals, contracts,
subcontracts, blueprints, invoices, and reports.. Please provide a digital copy of the photographs
in jpg format.
2. All documents evidencing expenditures by or on behalf of Plaintiff for repair of
the alleged damage sustained at the Insured Property or to its roofing system as a result of the
*** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 07/26/2021 12:34:32 PM ***Loss, including but not limited to, estimates for repairs, proposals, contracts, subcontracts,
blueprints, canceled checks for repairs, receipts, invoices, other evidence of payments for such
repairs, reconstruction, modification or restoration of the insured dwelling.
3. All documents evidencing repairs for damages from the Loss including but not
limited to, estimates for repairs, proposals, bids, quotes, contracts, subcontracts, blueprints,
invoices, reports plans and permits.
4. All contracts, estimates, invoices, proposals, statements, receipts, canceled checks
and other documents relating to repairs, remodeling, restoration or maintenance performed at the
Insured Property or to its roofing system or to its structure in the last five (5) years. Please
include any and all documents from any contractor or handyman who performed said services on
your behalf.
5. If your claim seeks reimbursement for replacement cost of personal property
damaged in the Loss, please produce any and all documents evidencing the repair and/or
replacement of any such property, including but not limited to cancelled checks, credit card slips,
brochures, appraisals, receipts, purchase orders, operator manuals, and other pertinent
documents.
6. If your claim seeks reimbursement for additional living expenses as a result of the
Loss, please produce any and all documents evidencing any expenses incurred thereto, including
but not limited to cancelled checks, credit card slips, receipts, purchase orders, invoices, and
other pertinent documents.
7. All photographs or other pictorial representations of the areas of the Insured
Property or its roofing system claimed to be damaged as a result of the Loss available to you,
depicting the property’s condition before and after the Loss.8. All policies of insurance under which any claim has been made related to the
alleged Loss, and all correspondence, applications, memoranda, or other documents relating to
said policies of insurance or any claim under said policies of insurance.
9. All documents evidencing expenditures by or on behalf of Plaintiff for repair,
replacement and/or maintenance of any part of the roofing system to the Insured Property in the
last five (5) years.
10. Any and all inspection or examination results from any industrial hygienist and/or
any reports or results from any inspections of the Insured Property by a restoration contractor,
mold and mildew specialist and/or a mold and mildew remediation specialist relating in any way
to the Loss.
11. Any and all proposals, estimates, contracts, invoices, receipts or other documents
regarding services performed by any mitigation or emergency treatment companies for the
Insured Property within the last five (5) years.
12. Any and all engineering reports, incident reports, statements or investigative
materials obtained regarding the cause of the Loss.
13. Any and all other documents pertaining to the water damage which allegedly
occurred at the Insured Property as a result of the Loss.
14. Any and all pre-sale inspection reports or appraisals relative to the Plaintiffs
purchase or refinance of the Insured Property at any time within the past five (5) years.
15. All contracts, estimates, invoices, proposals, bids, quotes, statements, receipts,
canceled checks, proof of payment and other documents relating to repairs, remodeling,
restoration or maintenance performed at the insured property or to the structure from the time of
purchase in 2015 through the present.16. Any and all notes and mortgages obtained by the Plaintiff relative to the Insured
Property from the date of purchase to the present time.
17. Any and all documents dealing with the Plaintiff's retention of or contractual
relationship with any public adjuster, including but not limited to, correspondence, contracts,
etc., related to the Insured Property, for the past five (5) years.
18. | Any and all correspondence in your possession between you and any party,
including the Defendant, the Defendant’s representative(s), and/or any other party that may have
performed any service at the Insured Party, related to the Loss.
19. Any and all documents submitted by the Plaintiff and/or Plaintiffs
representative(s) to the Defendant and/or Defendant’s representative(s) during the course of
Defendant’s investigation of the Loss, including but not limited to correspondence, contracts,
estimates, invoices, sworn proofs of loss, photographs.
20. Any and all documents related to the purchase and or refinancing of the property
by Plaintiff, including contracts, disclosure statements, home inspection reports, appraisals
closing documents and any other documents related to the purchase/refinance of the property
and the conditions at the time of said purchase and or refinance.
21. A copy of the Plaintiff’s current mortgage statement.CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished
to Michael S. Takiff, Esq. using the Florida Courts E-Filing Portal, to michael@lawlp.com;
cathy@lawlp.com; this 26" day of July, 2021.
GROELLE & SALMON, P.A.
Attorneys for Defendant
11301 Okeechobee Blvd., Second Floor
West Palm Beach, FL 33411
(561) 963-5500 / Facsimile: (561) 963-2265
Primary Email: gswcourtdocs@gspalaw.com
Email: rfeibusch@gspalaw.com
/s/ Robyn B. Feibusch
By
ROBYN B. FEIBUSCH, ESQUIRE
Fla. Bar No.: 770930
39211
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Filing # 131385781 E-Filed 07/26/2021 12:34:32 PM IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 502021 CA 005186 XXXX MB AI BRIAN SMITH, Plaintiff, Vv. FIRST COMMUNITY INSURANCE COMPANY, Defendant. / DEFENDANT’S FIRST REQUEST TO PRODUCE TO PLAINTIFF Defendant, FIRST COMMUNITY INSURANCE COMPANY, hereby files this First Request to Produce to Plaintiffs, BRIAN SMITH, to produce the following documents for inspection and/or photocopying within thirty (30) days of receipt of this request at the offices specified below. At the trial of this cause, you will also be called upon to produce all of the documents requested, plus additional documents received by you subsequent to your compliance with the above Request to Produce. 1. All documents, photographs, videos or other pictorial representations evidencing roof damage and interior damage sustained by the Plaintiff from the loss which occurred at 7147 Mariana Court, Boca Raton, FL 33433 (“Loss Location”), that was assigned Defendant’s claim number 20 7833 (“Loss”), including but not limited to, estimates for repairs, proposals, contracts, subcontracts, blueprints, invoices, and reports.. Please provide a digital copy of the photographs in jpg format. 2. All documents evidencing expenditures by or on behalf of Plaintiff for repair of the alleged damage sustained at the Insured Property or to its roofing system as a result of the *** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 07/26/2021 12:34:32 PM ***Loss, including but not limited to, estimates for repairs, proposals, contracts, subcontracts, blueprints, canceled checks for repairs, receipts, invoices, other evidence of payments for such repairs, reconstruction, modification or restoration of the insured dwelling. 3. All documents evidencing repairs for damages from the Loss including but not limited to, estimates for repairs, proposals, bids, quotes, contracts, subcontracts, blueprints, invoices, reports plans and permits. 4. All contracts, estimates, invoices, proposals, statements, receipts, canceled checks and other documents relating to repairs, remodeling, restoration or maintenance performed at the Insured Property or to its roofing system or to its structure in the last five (5) years. Please include any and all documents from any contractor or handyman who performed said services on your behalf. 5. If your claim seeks reimbursement for replacement cost of personal property damaged in the Loss, please produce any and all documents evidencing the repair and/or replacement of any such property, including but not limited to cancelled checks, credit card slips, brochures, appraisals, receipts, purchase orders, operator manuals, and other pertinent documents. 6. If your claim seeks reimbursement for additional living expenses as a result of the Loss, please produce any and all documents evidencing any expenses incurred thereto, including but not limited to cancelled checks, credit card slips, receipts, purchase orders, invoices, and other pertinent documents. 7. All photographs or other pictorial representations of the areas of the Insured Property or its roofing system claimed to be damaged as a result of the Loss available to you, depicting the property’s condition before and after the Loss.8. All policies of insurance under which any claim has been made related to the alleged Loss, and all correspondence, applications, memoranda, or other documents relating to said policies of insurance or any claim under said policies of insurance. 9. All documents evidencing expenditures by or on behalf of Plaintiff for repair, replacement and/or maintenance of any part of the roofing system to the Insured Property in the last five (5) years. 10. Any and all inspection or examination results from any industrial hygienist and/or any reports or results from any inspections of the Insured Property by a restoration contractor, mold and mildew specialist and/or a mold and mildew remediation specialist relating in any way to the Loss. 11. Any and all proposals, estimates, contracts, invoices, receipts or other documents regarding services performed by any mitigation or emergency treatment companies for the Insured Property within the last five (5) years. 12. Any and all engineering reports, incident reports, statements or investigative materials obtained regarding the cause of the Loss. 13. Any and all other documents pertaining to the water damage which allegedly occurred at the Insured Property as a result of the Loss. 14. Any and all pre-sale inspection reports or appraisals relative to the Plaintiffs purchase or refinance of the Insured Property at any time within the past five (5) years. 15. All contracts, estimates, invoices, proposals, bids, quotes, statements, receipts, canceled checks, proof of payment and other documents relating to repairs, remodeling, restoration or maintenance performed at the insured property or to the structure from the time of purchase in 2015 through the present.16. Any and all notes and mortgages obtained by the Plaintiff relative to the Insured Property from the date of purchase to the present time. 17. Any and all documents dealing with the Plaintiff's retention of or contractual relationship with any public adjuster, including but not limited to, correspondence, contracts, etc., related to the Insured Property, for the past five (5) years. 18. | Any and all correspondence in your possession between you and any party, including the Defendant, the Defendant’s representative(s), and/or any other party that may have performed any service at the Insured Party, related to the Loss. 19. Any and all documents submitted by the Plaintiff and/or Plaintiffs representative(s) to the Defendant and/or Defendant’s representative(s) during the course of Defendant’s investigation of the Loss, including but not limited to correspondence, contracts, estimates, invoices, sworn proofs of loss, photographs. 20. Any and all documents related to the purchase and or refinancing of the property by Plaintiff, including contracts, disclosure statements, home inspection reports, appraisals closing documents and any other documents related to the purchase/refinance of the property and the conditions at the time of said purchase and or refinance. 21. A copy of the Plaintiff’s current mortgage statement.CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to Michael S. Takiff, Esq. using the Florida Courts E-Filing Portal, to michael@lawlp.com; cathy@lawlp.com; this 26" day of July, 2021. GROELLE & SALMON, P.A. Attorneys for Defendant 11301 Okeechobee Blvd., Second Floor West Palm Beach, FL 33411 (561) 963-5500 / Facsimile: (561) 963-2265 Primary Email: gswcourtdocs@gspalaw.com Email: rfeibusch@gspalaw.com /s/ Robyn B. Feibusch By ROBYN B. FEIBUSCH, ESQUIRE Fla. Bar No.: 770930 39211