Preview
Case Number:19-000035-CI
Filing # 82685576 E-Filed 12/31/2018 11:07:29 AM
IN THE CIRCUIT COURT OF THE
SIXTH JUDICIAL CIRCUIT OF FLORIDA
PINELLAS COUNTY, FLORIDA
CASE NUMBER:
JUDGE:
Synergy Contracting Group, Inc.,
a/a/o Teresa Gunter,
Plaintiff,
vs.
Safepoint Insurance Company,
Defendant.
PLAINTIFF’S FIRST REQUEST TO PRODUCE TO DEFENDANT
COMES NOW the Plaintiff, Synergy Contracting Group, Inc., a/a/o Teresa Gunter, by
and through its undersigned counsel, pursuant to Rules 1.350 and 1.280(a) of the Florida Rules of
Civil Procedure, and hereby requests the Defendant, Safepoint Insurance Company, (hereinafter
SAFEPOINT) to furnish copies to the Plaintiff at 841 Desert Mountain Court, Reunion, FL 34747
or Via E-Mail, within forty-five (45) days of service of the Complaint herein.
DEFINITIONS AND INSTRUCTIONS
For purposes of this Request for Production, the following terms and definitions are
provided:
1. M: The term “Plaintiff” as used herein shall mean Synergy Contracting
Group, Inc., a Florida corporation and itsrepresentatives as defined in Paragraph 4 hereof.
2. m1: The term “Insured” as used herein shall mean Teresa Gunter, and their
representatives as defined in Paragraph 4 hereof.
3. Defendant: The term “Defendant” shall mean Safepoint Insurance Company,
whether by that name or any other, and itsrepresentatives as defined in Paragraph 4 hereof.
***ELECTRONICALLY FILED 12/31/2018 11:07:27 AM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***
4. Representatives: The term "representatives" shall mean any and all present or
former partners, agents, employees, servants, officers, directors, attorneys, consultants, sureties,
indemnificators, insurers, independent contractors and other persons acting or purporting to act on
behalf of the entity referred
5. m and m to.
The terms "you" and "your"
above) and any other person or entity acting or purporting to act on
shall refer to
its
the
behalf.
Defendant (defined
6. Document: The term "document" shall mean any written, printed, typed or other
graphic or photographic matter (including without limitation, photographs, charts, graphs,
microfiche, microfilm, Videotapes, recordings and motion pictures and data stored on a computer
disc or computer hard drive) and shall include the originals, identical copies and all non-identical
copies, Whether different from the original by reason of any notation made on each copy or
otherwise and shall include, Without limiting the generality of the foregoing, all letters, telegrams,
teletypes, correspondence, contracts, agreements, notes, mechanical and electronic sound
recordings and transcripts thereof (including, without limitation, tapes, cassettes and discs),
computer records, computer printouts, other printed matter produced through computers, calendar
and diary entries, memoranda, notes and records of all telephone or personal conversations,
meetings and other communication, inter-office and intra-office communications, statements,
manuals, summaries and compilations, minutes of meetings, charges, maps, reports, analysis,
studies, graphs, prospectus, returns, statistics, pamphlets, books, offers, bulletins, order papers,
articles, catalogs, records, tables, books of account, ledgers, vouchers, canceled checks, invoices,
bills, receipts, tickets, worksheets and all drafts, alterations, modifications and changes to any of
the foregoing, as well as all digitally stored and generated documents and notes.
7. Communication: The term "communication" as used herein shall mean any contact
between or among the parties indicated, including but not limited to, all documents (defined
above), telephone or personal conversations, meetings, e-mails or electronic contacts, conferences
and discussions. Once identified, a communication may be subsequently identified by use of a
common description.
8. Identify: The term “identify” When used With reference to a person shall mean to:
a. State the full name of the person;
b. State the full name of the lastknown employer of the person;
c. State the last known occupation or title of the person With such employer;
d. State the last known business telephone number of the person;
e. State the last known home address of the person; and
f. State the last known home telephone number of the person.
Once identified, a person may be subsequently identified by uniform use of a stande name.
9. My: The term “identify” When used with reference to a document shall mean
t0:
a. State a complete description of the document;
b. Identify the person Who prepared the document;
c. State the date on Which the document was prepared;
d. State the location at Which the document was prepared; and
e. Identify the person Who presently has care, custody and control of the
document.
Once identified, a document may be subsequently identified by uniform use of a stande
description.
10. Person: The term “person” as used herein shall mean a natural person other than
an entity and shall be construed to include groups of natural persons.
Instructions
Should Defendant object to a Request to Produce or not respond pursuant to a claim of
privilege, the Defendant is required to:
State the basis of the claim of privilege;
Identify the subject matter of the information to Which a claim of privilege is
made;
Identify all persons or entities Who have had access to or claimed to be
privileged or were present When the privileged information was discussed, and
Identify of all persons or entities to Which the privileged information has been
disclosed.
PLAINTIFFS’ FIRST REQUESTS TO PRODUCE
1. A true and correct copy of all DEC pages and the full and complete insurance
policy(s) referenced in the Plaintiff’ s Complaint and a sworn statement of a corporate officer of
the Defendant attesting to the coverage and authenticity of the policy.
RESPONSE:
2. A copy of any and all other DEC pages and insurance policy(s) Which may provide
coverage to either the Plaintiff or the Insured for the damages claimed in the Plaintiff” s Complaint,
in addition to, or in place of the policy owned by Teresa Gunter.
RESPONSE:
3. A copy of each and every document (defined above) Which you reasonably know
or believe, may be relevant to the Plaintiff’ s claims in this lawsuit.
RESPONSE:
4. A copy of any and all documents Which you allege may support any affirmative
defense Which you have raised in this matter.
RESPONSE:
5. A copy of any and all documents Which you allege may support any denial or
reduction in coverage for the claims raised in this Complaint.
RESPONSE:
6. Copies of any and all statements, and any transcripts from any person Who has
knowledge of the facts in this matter including any expert Witness or other witness, in the control
and possession of the Defendant.
RESPONSE:
7. Copies of any and all recorded statement(s) and telephone conversations, as well as
any transcripts for the same Which have been reduced to writing and/or transcribed, including but
not limited to Examinations Under Oath, Which were taken of or provided by the Plaintiff or its
representatives, or the insured Teresa Gunter, (defined above) Which are in the possession or
control of the Defendant.
RESPONSE:
8. Copies of any and all estimates, comparative estimates, or any other document used
to assess the amount of damage done to the home of The Insured in this case. Include the name,
address, and location of the author of any such document.
RESPONSE:
9. Each and every document, report, chart, graph, object, summary, compilation of
data or other thing relied upon by any of your adjusters, appraisers, engineers, or any person Who
participated in the evaluation of the claims raised in the Complaint, whether or not the work
performed by any ofthese individual or entities isbeing used to support any defense in this lawsuit.
RESPONSE:
10. Copies of any photographs of any kind of the Insured’s Property located at 115
Steeplechase Lane, Palm Harbor, FL 34684 ,
Which are in your possession or control, whether
taken by any representative of the Defendant, or any other source.
RESPONSE:
11. Copies of any photographs Which reflect any water damage done at the Insured’s
Property located at 115 Steeplechase Lane, Palm Harbor, FL 34684 ,
that were obtained at any
time before or after the date of loss attributed to the claims in this lawsuit, Which are in the
Defendant’s possession or control.
RESPONSE:
12. Copies of any photographs of any work performed by the Plaintiff or its
representatives (defined above) at the Insured’s Property located at 115 Steeplechase Lane, Palm
Harbor, FL 34684 ,
which are in your possession or control.
RESPONSE:
13. If there is any claim or defense that the policy of insurance does not provide
coverage for the loss depicted in the Complaint, please provide copies of any and all documents
that would support said denial of coverage including but not limited to any and allapplications for
insurance, insurance forms, data sheets, correspondence, notices, facsimile, e-mails and other
documents (defined above) Which reference in any way any the insurance policy at issue in this
matter.
RESPONSE:
14. A11 documents reflecting any payment made to any person (defined above) or entity
for any reason, that pertain in any way to the water event described in the Plaintiff’ s Complaint.
The Plaintiff is seeking an accounting of how much the Defendant claims they have paid to the
Plaintiff for the services described in the Complaint, so please provide any documents that support
said payments.
RESPONSE:
15. Pursuant to Fla. R. CiV. P. 1.310(b)(6), please produce three (3) alternative dates
for the deposition ofthe corporate representative(s) With the most knowledge ofthe claims asserted
in the Plaintiffs’ Complaint. This representative Will be asked to testify to the following items:
T0 discuss in detail any reports, estimates 0r other findings prepared by any
person/company regarding remediation 0r rebuild/repair 0f the damage done t0 the insured
premises, and used t0 adjust the claim for damages, as well as any photographs, diagrams,
drawings etc., used for the same purpose that may be in the Defendant' possession. In
addition, the ability t0 discuss any payments made by the Defendant, and any denial 0f
either payment 0f coverage for any line item 0f the estimate/report submitted by the
Plaintiff. The Witness should know, 0r have access t0 the identity 0f any and all
representatives for the Defendant that had any involvement in the handling of this claim,
including any other persons 0r third parties that were utilized in any way for the evaluation
and adjustment 0f this claim. The deponent should also have access t0, 0r be able t0
discuss the extent 0f each person's involvement in the claim process, Where they are
currently located, and any conversations that may have taken place between the
Plaintiff and any such person. The Witness must also be able t0 discuss the facts and
circumstances supporting any defense t0 the claims made by the Plaintiff in this lawsuit,
including all defenses and affirmative defenses raised in the Defendant's answer, as well
as responses t0 any written discovery propounded by the Plaintiff t0 the Defendant. This
request is not intended t0 infringe upon any privileges 0r work-product, and simply
requests access t0, and not necessarily disclosure 0f all claim documents in order t0 provide
answers t0 our questions.
RESPONSE:
CERTIFICATE OF SERVICE
I DO HEREBY CERTIFY that a true and correct copy of this document Will be served
on the Defendant along with the Summons in this action.
/S/ Steven I. Battisti
Steven I.Battisti, Esquire
Battisti Law Group, PLLC
Florida Bar Number: 148490
841 Desert Mountain Court
Reunion, Florida 34747
Phone: (407) 584—7761
Steve@BattistiLawGroup.com
Attorney for the Plaintiff
Preview
Case Number:19-000035-CI Filing # 82685576 E-Filed 12/31/2018 11:07:29 AM IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT OF FLORIDA PINELLAS COUNTY, FLORIDA CASE NUMBER: JUDGE: Synergy Contracting Group, Inc., a/a/o Teresa Gunter, Plaintiff, vs. Safepoint Insurance Company, Defendant. PLAINTIFF’S FIRST REQUEST TO PRODUCE TO DEFENDANT COMES NOW the Plaintiff, Synergy Contracting Group, Inc., a/a/o Teresa Gunter, by and through its undersigned counsel, pursuant to Rules 1.350 and 1.280(a) of the Florida Rules of Civil Procedure, and hereby requests the Defendant, Safepoint Insurance Company, (hereinafter SAFEPOINT) to furnish copies to the Plaintiff at 841 Desert Mountain Court, Reunion, FL 34747 or Via E-Mail, within forty-five (45) days of service of the Complaint herein. DEFINITIONS AND INSTRUCTIONS For purposes of this Request for Production, the following terms and definitions are provided: 1. M: The term “Plaintiff” as used herein shall mean Synergy Contracting Group, Inc., a Florida corporation and itsrepresentatives as defined in Paragraph 4 hereof. 2. m1: The term “Insured” as used herein shall mean Teresa Gunter, and their representatives as defined in Paragraph 4 hereof. 3. Defendant: The term “Defendant” shall mean Safepoint Insurance Company, whether by that name or any other, and itsrepresentatives as defined in Paragraph 4 hereof. ***ELECTRONICALLY FILED 12/31/2018 11:07:27 AM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY*** 4. Representatives: The term "representatives" shall mean any and all present or former partners, agents, employees, servants, officers, directors, attorneys, consultants, sureties, indemnificators, insurers, independent contractors and other persons acting or purporting to act on behalf of the entity referred 5. m and m to. The terms "you" and "your" above) and any other person or entity acting or purporting to act on shall refer to its the behalf. Defendant (defined 6. Document: The term "document" shall mean any written, printed, typed or other graphic or photographic matter (including without limitation, photographs, charts, graphs, microfiche, microfilm, Videotapes, recordings and motion pictures and data stored on a computer disc or computer hard drive) and shall include the originals, identical copies and all non-identical copies, Whether different from the original by reason of any notation made on each copy or otherwise and shall include, Without limiting the generality of the foregoing, all letters, telegrams, teletypes, correspondence, contracts, agreements, notes, mechanical and electronic sound recordings and transcripts thereof (including, without limitation, tapes, cassettes and discs), computer records, computer printouts, other printed matter produced through computers, calendar and diary entries, memoranda, notes and records of all telephone or personal conversations, meetings and other communication, inter-office and intra-office communications, statements, manuals, summaries and compilations, minutes of meetings, charges, maps, reports, analysis, studies, graphs, prospectus, returns, statistics, pamphlets, books, offers, bulletins, order papers, articles, catalogs, records, tables, books of account, ledgers, vouchers, canceled checks, invoices, bills, receipts, tickets, worksheets and all drafts, alterations, modifications and changes to any of the foregoing, as well as all digitally stored and generated documents and notes. 7. Communication: The term "communication" as used herein shall mean any contact between or among the parties indicated, including but not limited to, all documents (defined above), telephone or personal conversations, meetings, e-mails or electronic contacts, conferences and discussions. Once identified, a communication may be subsequently identified by use of a common description. 8. Identify: The term “identify” When used With reference to a person shall mean to: a. State the full name of the person; b. State the full name of the lastknown employer of the person; c. State the last known occupation or title of the person With such employer; d. State the last known business telephone number of the person; e. State the last known home address of the person; and f. State the last known home telephone number of the person. Once identified, a person may be subsequently identified by uniform use of a stande name. 9. My: The term “identify” When used with reference to a document shall mean t0: a. State a complete description of the document; b. Identify the person Who prepared the document; c. State the date on Which the document was prepared; d. State the location at Which the document was prepared; and e. Identify the person Who presently has care, custody and control of the document. Once identified, a document may be subsequently identified by uniform use of a stande description. 10. Person: The term “person” as used herein shall mean a natural person other than an entity and shall be construed to include groups of natural persons. Instructions Should Defendant object to a Request to Produce or not respond pursuant to a claim of privilege, the Defendant is required to: State the basis of the claim of privilege; Identify the subject matter of the information to Which a claim of privilege is made; Identify all persons or entities Who have had access to or claimed to be privileged or were present When the privileged information was discussed, and Identify of all persons or entities to Which the privileged information has been disclosed. PLAINTIFFS’ FIRST REQUESTS TO PRODUCE 1. A true and correct copy of all DEC pages and the full and complete insurance policy(s) referenced in the Plaintiff’ s Complaint and a sworn statement of a corporate officer of the Defendant attesting to the coverage and authenticity of the policy. RESPONSE: 2. A copy of any and all other DEC pages and insurance policy(s) Which may provide coverage to either the Plaintiff or the Insured for the damages claimed in the Plaintiff” s Complaint, in addition to, or in place of the policy owned by Teresa Gunter. RESPONSE: 3. A copy of each and every document (defined above) Which you reasonably know or believe, may be relevant to the Plaintiff’ s claims in this lawsuit. RESPONSE: 4. A copy of any and all documents Which you allege may support any affirmative defense Which you have raised in this matter. RESPONSE: 5. A copy of any and all documents Which you allege may support any denial or reduction in coverage for the claims raised in this Complaint. RESPONSE: 6. Copies of any and all statements, and any transcripts from any person Who has knowledge of the facts in this matter including any expert Witness or other witness, in the control and possession of the Defendant. RESPONSE: 7. Copies of any and all recorded statement(s) and telephone conversations, as well as any transcripts for the same Which have been reduced to writing and/or transcribed, including but not limited to Examinations Under Oath, Which were taken of or provided by the Plaintiff or its representatives, or the insured Teresa Gunter, (defined above) Which are in the possession or control of the Defendant. RESPONSE: 8. Copies of any and all estimates, comparative estimates, or any other document used to assess the amount of damage done to the home of The Insured in this case. Include the name, address, and location of the author of any such document. RESPONSE: 9. Each and every document, report, chart, graph, object, summary, compilation of data or other thing relied upon by any of your adjusters, appraisers, engineers, or any person Who participated in the evaluation of the claims raised in the Complaint, whether or not the work performed by any ofthese individual or entities isbeing used to support any defense in this lawsuit. RESPONSE: 10. Copies of any photographs of any kind of the Insured’s Property located at 115 Steeplechase Lane, Palm Harbor, FL 34684 , Which are in your possession or control, whether taken by any representative of the Defendant, or any other source. RESPONSE: 11. Copies of any photographs Which reflect any water damage done at the Insured’s Property located at 115 Steeplechase Lane, Palm Harbor, FL 34684 , that were obtained at any time before or after the date of loss attributed to the claims in this lawsuit, Which are in the Defendant’s possession or control. RESPONSE: 12. Copies of any photographs of any work performed by the Plaintiff or its representatives (defined above) at the Insured’s Property located at 115 Steeplechase Lane, Palm Harbor, FL 34684 , which are in your possession or control. RESPONSE: 13. If there is any claim or defense that the policy of insurance does not provide coverage for the loss depicted in the Complaint, please provide copies of any and all documents that would support said denial of coverage including but not limited to any and allapplications for insurance, insurance forms, data sheets, correspondence, notices, facsimile, e-mails and other documents (defined above) Which reference in any way any the insurance policy at issue in this matter. RESPONSE: 14. A11 documents reflecting any payment made to any person (defined above) or entity for any reason, that pertain in any way to the water event described in the Plaintiff’ s Complaint. The Plaintiff is seeking an accounting of how much the Defendant claims they have paid to the Plaintiff for the services described in the Complaint, so please provide any documents that support said payments. RESPONSE: 15. Pursuant to Fla. R. CiV. P. 1.310(b)(6), please produce three (3) alternative dates for the deposition ofthe corporate representative(s) With the most knowledge ofthe claims asserted in the Plaintiffs’ Complaint. This representative Will be asked to testify to the following items: T0 discuss in detail any reports, estimates 0r other findings prepared by any person/company regarding remediation 0r rebuild/repair 0f the damage done t0 the insured premises, and used t0 adjust the claim for damages, as well as any photographs, diagrams, drawings etc., used for the same purpose that may be in the Defendant' possession. In addition, the ability t0 discuss any payments made by the Defendant, and any denial 0f either payment 0f coverage for any line item 0f the estimate/report submitted by the Plaintiff. The Witness should know, 0r have access t0 the identity 0f any and all representatives for the Defendant that had any involvement in the handling of this claim, including any other persons 0r third parties that were utilized in any way for the evaluation and adjustment 0f this claim. The deponent should also have access t0, 0r be able t0 discuss the extent 0f each person's involvement in the claim process, Where they are currently located, and any conversations that may have taken place between the Plaintiff and any such person. The Witness must also be able t0 discuss the facts and circumstances supporting any defense t0 the claims made by the Plaintiff in this lawsuit, including all defenses and affirmative defenses raised in the Defendant's answer, as well as responses t0 any written discovery propounded by the Plaintiff t0 the Defendant. This request is not intended t0 infringe upon any privileges 0r work-product, and simply requests access t0, and not necessarily disclosure 0f all claim documents in order t0 provide answers t0 our questions. RESPONSE: CERTIFICATE OF SERVICE I DO HEREBY CERTIFY that a true and correct copy of this document Will be served on the Defendant along with the Summons in this action. /S/ Steven I. Battisti Steven I.Battisti, Esquire Battisti Law Group, PLLC Florida Bar Number: 148490 841 Desert Mountain Court Reunion, Florida 34747 Phone: (407) 584—7761 Steve@BattistiLawGroup.com Attorney for the Plaintiff