Letter,Correspondence: PHU TROUNG VS CITIZENS PROPERTY INSURANCE CORPORATION

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                                Filing # 135765546 E-Filed 10/01/2021 03:25:53 PM



                  The        Morgan               Law         Group,              P.A.
                  Representing Policyholders Throughout Florida
                  www.policyadvocate.com | Phone: (305) 569-9900 | Fax: (305) 443-6828
                  Main Office: 55 Merrick Way, Suite 404 | Coral Gables, FL 33134
                  Miami | Naples | Orlando | Pensacola | Tampa | Panama City




                  Sent via DFS
                  Chief Financial Officer
                  200 E. Gaines Street
                  Tallahassee, Fl 32399

                           RE:      PHU TROUNG v. CITIZENS PROPERTY INSURANCE CORPORATION

                           To Whom It May Concern:

                           Please provide our office with five or more dates to take the deposition of your corporate
                  representative(s), Field Adjuster who inspected Plaintiff’s property and Desk Adjuster in
                  connection with above-referenced matter within thirty (30) days. Please note that the areas of
                  inquiry for these individuals will be as follows:
                       1.  All issues contained within Plaintiff’s Complaint;
                       2.  Coverage for the Subject Property and damages in this matter;
                       3.  All coverages, conditions, exclusions, exceptions, definitions, etc. for the Subject Policy.
                       4.  Damages to the Subject Property at issue in this matter;
                       5.  Defendant’s opinion as to origin and cause of the loss at issue;
                       6.  Defendant’s reason for failing to pay the Subject Claim;
                       7.  Any computerized damage estimating system used by the Defendant in the Subject
                           Claim;
                       8.  All of Defendant’s defenses to coverage and payment of Plaintiff’s damages;
                       9.  Defendant’s Affirmative Defenses;
                       10. Defendant’s responses to Plaintiff’s discovery requests;
                       11. The specific handling and processing of the subject claim, including the investigation,
                           adjustment, and valuation of the claim;
                       12. Any and all decisions made on behalf of Defendant with regard to the adjustment,
                           investigation, and payment or failure to pay the subject claim and the basis for those
                           decisions;
                       13. The cause(s) of loss that Defendant attributed to the subject claim and the basis for the
                           determination of the cause of loss;
                       14. Any damages to the insured property determined by Defendant to have been caused
                           directly or indirectly by the subject incident;
                       15. The basis for any payment, partial payment, reduction, denial, and/or non-payment of the
                           subject claim;
                       16. How the events which occurred to cause Plaintiff’s damages constitute events excluded
                           from the coverage provided by the subject policy or why Plaintiff’s claim and/or damages
                           are not otherwise covered under the policy of insurance;
                       17. Any post loss conditions and exclusions relied on by Defendant in denying or failing to
                           fully compensate Plaintiff’s loss, as well as the corresponding supporting facts,
                           documents and policy language;
                       18. All documents, correspondence and emails sent by Defendant in any way, shape or form
                           to Plaintiff or Plaintiff’s representative(s) relating to the incident alleged in the Complaint
                           at any time from the date of loss to the present date;
                       19. All photographs, communication, estimates and reports prepared by Defendant for
                           Plaintiff’s claim;
                       20. The factual basis and all policy language including endorsements and amendments upon
                           which Defendant’s Answer is based, including all denials and Affirmative Defenses
                           raised by Defendant in this cause; and
                       21. Defendant’s responses to Plaintiff’s discovery requests and all facts, documents and
                           policy language which support Defendant’s responses to Plaintiff’s discovery requests.
                       22. Defendant’s adjustment of the Subject claim;
                       23. Defendant’s evaluation of the Subject Claim;
                       24. License information for all adjusters and other claim representatives involved with the
                           handling of the Subject Claim;
                       25. Defendant’s inspection of the Subject Property prior to the occurrence of the Subject
                           Loss;
                       26. Defendant’s inspection of the Subject Property subsequent to the occurrence of the
                           Subject Loss;
                       27. All documents Defendant requested prior to the filing of the present lawsuit and the
                           reason for making the request;
                       28. The nature, substance and location of all records in Defendant’s possession, custody care
                           or control, including expert reports which pertain to the Subject Loss and Subject Claim;
                       29. Defendant’s denial of the Subject Claim, and;
                       30. Defendant’s knowledge of the contents contained within the entire underwriting file an
                           underwriting of the Subject Policy.

                           This is not an exhaustive list and additional areas of inquiry may be necessary depending
                       upon additional discovery and responses to questions asked at the deposition.

                           Should you have any questions, please do not hesitate to contact us. In the meantime, I
                       look forward to your anticipated prompt cooperation in this matter. Failure to provide dates
                       within the prescribed time may necessitate the filing of a Motion to Compel.



                                                                                 Respectfully,
                                                                                 Thomas J. Morgan, Jr., Esq.

                                                                                  /s/ Thomas J. Morgan, Jr.