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Filing # 127885018 E-Filed 06/01/2021 04:19:24 PM
IN THE CIRCUIT COURT OF THE 14TH
JUDICIAL CIRCUIT IN AND FOR
GULF COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
DULANY BANNE, CASE NO.: 21000024CAAXMX
Plaintiff,
vs.
FIRST PROTECTIVE INSURANCE COMPANY
D/B/A FRONTLINE INSURANCE COMPANY,
Defendant.
/
FIRST PROTECTIVE’S PRIVILEGE AND CLAIM FILE LOG
In compliance with Fla. R. Civ. P. 1.280(b)(6), and pursuant to State Farm Mut. Auto. Ins.
Co. v. Premier Diagnostic Ctr., LLC, 185 So.3d 575 (Fla. 3d DCA 2016), Defendant, First
Protective Insurance Company (hereafter “First Protective”), discloses the following privilege and
claim file log:
1. On or about November 5, 2018, a photo sheet consisting of 53 photographs was
compiled for First Protective as part of its claim investigation. The comments/notes associated
with the photographs are part of First Protective’s claim file and constitute work product. See
American Reliance Ins. Co. v. Riggins, 604 So.2d 535 (Fla. 3d DCA 1992) (insurance policy does
not require an insurer to produce investigative reports to an insured); Avatar Prop. & Cas. Ins. Co.
v. Mitchell, 2021 WL 112751 (Fla. 3d DCA 2021) (investigative materials are work product and
claim file materials are otherwise irrelevant and not subject to discovery).
2. On or about November 14, 2018, a photo sheet consisting of 33 photographs was
compiled for First Protective as part of its claim investigation. The comments/notes associated
Electronically Filed Gulf Case # 21000024CAAXMX 06/01/2021 04:19:24 PMBanne v. First Protective Insurance
Case No.: 21000024CAAXMX
with the photographs are part of First Protective’s claim file and constitute work product. See
American Reliance Ins. Co. v. Riggins, 604 So.2d 535 (Fla. 3d DCA 1992) (insurance policy does
not require an insurer to produce investigative reports to an insured); Avatar Prop. & Cas. Ins. Co.
v. Mitchell, 2021 WL 112751 (Fla. 3d DCA 2021) (investigative materials are work product and
claim file materials are otherwise irrelevant and not subject to discovery).
3. On or about October 16, 2019, a photo sheet consisting of 122 photographs was
compiled for First Protective as part of its claim investigation. The comments/notes associated
with the photographs are part of First Protective’s claim file and constitute work product. See
American Reliance Ins. Co. v. Riggins, 604 So.2d 535 (Fla. 3d DCA 1992) (insurance policy does
not require an insurer to produce investigative reports to an insured); Avatar Prop. & Cas. Ins. Co.
vy. Mitchell, 2021 WL 112751 (Fla. 3d DCA 2021) (investigative materials are work product and
claim file materials are otherwise irrelevant and not subject to discovery).
4. Investigative reports and invoice prepared by Team One Adjusting Services. See
American Reliance Ins. Co. v. Riggins, 604 So.2d 535 (Fla. 3d DCA 1992) (insurance policy does
not require an insurer to produce investigative reports to an insured); Avatar Prop. & Cas. Ins. Co.
vy. Mitchell, 2021 WL 112751 (Fla. 3d DCA 2021) (investigative materials are work product and
claim file materials are otherwise irrelevant and not subject to discovery).
5. Correspondence between First Protective and Team One Adjusting Services. See
American Reliance Ins. Co. v. Riggins, 604 So.2d 535 (Fla. 3d DCA 1992) (insurance policy does
not require an insurer to produce investigative reports to an insured); Avatar Prop. & Cas. Ins. Co.
v. Mitchell, 2021 WL 112751 (Fla. 3d DCA 2021) (investigative materials are work product and
claim file materials are otherwise irrelevant and not subject to discovery).Banne v. First Protective Insurance
Case No.: 21000024CAAXMX
6. Investigative report and invoice prepared by Crawford Catastrophe Services. See
American Reliance Ins. Co. v. Riggins, 604 So.2d 535 (Fla. 3d DCA 1992) (insurance policy does
not require an insurer to produce investigative reports to an insured); Avatar Prop. & Cas. Ins. Co.
v. Mitchell, 2021 WL 112751 (Fla. 3d DCA 2021) (investigative materials are work product and
claim file materials are otherwise irrelevant and not subject to discovery).
7. Correspondence between First Protective and Crawford Catastrophe Services. See
American Reliance Ins. Co. v. Riggins, 604 So.2d 535 (Fla. 3d DCA 1992) (insurance policy does
not require an insurer to produce investigative reports to an insured); Avatar Prop. & Cas. Ins. Co.
v. Mitchell, 2021 WL 112751 (Fla. 3d DCA 2021) (investigative materials are work product and
claim file materials are otherwise irrelevant and not subject to discovery).
8. Correspondence between First Protective and Rimkus Consulting Group. See
American Reliance Ins. Co. v. Riggins, 604 So.2d 535 (Fla. 3d DCA 1992) (insurance policy does
not require an insurer to produce investigative reports to an insured); Avatar Prop. & Cas. Ins. Co.
vy. Mitchell, 2021 WL 112751 (Fla. 3d DCA 2021) (investigative materials are work product and
claim file materials are otherwise irrelevant and not subject to discovery).
9. Invoices prepared by Rimkus Consulting Group. See American Reliance Ins. Co.
v. Riggins, 604 So.2d 535 (Fla. 3d DCA 1992) (insurance policy does not require an insurer to
produce investigative reports to an insured); Avatar Prop. & Cas. Ins. Co. v. Mitchell, 2021 WL
112751 (Fla. 3d DCA 2021) (investigative materials are work product and claim file materials are
otherwise irrelevant and not subject to discovery).
10. Statement of Loss prepared by Crawford Catastrophe Services. See American
Reliance Ins. Co. v. Riggins, 604 So.2d 535 (Fla. 3d DCA 1992) (insurance policy does not require
an insurer to produce investigative reports to an insured); Avatar Prop. & Cas. Ins. Co. v. Mitchell,Banne v. First Protective Insurance
Case No.: 21000024CAAXMX
2021 WL 112751 (Fla. 3d DCA 2021) (investigative materials are work product and claim file
materials are otherwise irrelevant and not subject to discovery).
11. Claim Notes. See Homeowners Choice Prop. & Cas. Ins. Co. v. Avila, 248 So.3d
180 (Fla. 3d DCA 2018) (claim files are not discoverable); American Reliance Ins. Co. v. Riggins,
604 So.2d 535 (Fla. 3d DCA 1992) (insurance policy does not require an insurer to produce
investigative reports to an insured); Avatar Prop. & Cas. Ins. Co. v. Mitchell, 2021 WL 112751
(Fla. 3d DCA 2021) (investigative materials are work product and claim file materials are
otherwise irrelevant and not subject to discovery).
12. Claim File. See Homeowners Choice Prop. & Cas. Ins. Co. v. Avila, 248 So.3d 180
(Fla. 3d DCA 2018) (claim files are not discoverable); American Reliance Ins. Co. v. Riggins, 604
So.2d 535 (Fla. 3d DCA 1992) (insurance policy does not require an insurer to produce
investigative reports to an insured); Avatar Prop. & Cas. Ins. Co. v. Mitchell, 2021 WL 112751
(Fla. 3d DCA 2021) (investigative materials are work product and claim file materials are
otherwise irrelevant and not subject to discovery).Banne v. First Protective Insurance
Case No.: 21000024CAAXMX
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing was served via email
(mgottlicbh@kpattorney.com; psaldana@kpattorney.com; firstpartyeservice@kpattorney.com) to
Matthew Gottlieb, Esq., KANNER & PINTALUGA, P.A., 925 S. Federal Highway, 6" Floor,
Boca Raton, FL 33432, this _1* day of June, 2021.
STONE, GLASS & CONNOLLY, LLP
Attorneys for Defendant
7824 SW 178" Terrace
Miami, FL 33157
(305) 456-5652
By:
£CO)
hconnolly@sgc-attomeys.com
Florida Bar Number 078440
Preview
Filing # 127885018 E-Filed 06/01/2021 04:19:24 PM IN THE CIRCUIT COURT OF THE 14TH JUDICIAL CIRCUIT IN AND FOR GULF COUNTY, FLORIDA GENERAL JURISDICTION DIVISION DULANY BANNE, CASE NO.: 21000024CAAXMX Plaintiff, vs. FIRST PROTECTIVE INSURANCE COMPANY D/B/A FRONTLINE INSURANCE COMPANY, Defendant. / FIRST PROTECTIVE’S PRIVILEGE AND CLAIM FILE LOG In compliance with Fla. R. Civ. P. 1.280(b)(6), and pursuant to State Farm Mut. Auto. Ins. Co. v. Premier Diagnostic Ctr., LLC, 185 So.3d 575 (Fla. 3d DCA 2016), Defendant, First Protective Insurance Company (hereafter “First Protective”), discloses the following privilege and claim file log: 1. On or about November 5, 2018, a photo sheet consisting of 53 photographs was compiled for First Protective as part of its claim investigation. The comments/notes associated with the photographs are part of First Protective’s claim file and constitute work product. See American Reliance Ins. Co. v. Riggins, 604 So.2d 535 (Fla. 3d DCA 1992) (insurance policy does not require an insurer to produce investigative reports to an insured); Avatar Prop. & Cas. Ins. Co. v. Mitchell, 2021 WL 112751 (Fla. 3d DCA 2021) (investigative materials are work product and claim file materials are otherwise irrelevant and not subject to discovery). 2. On or about November 14, 2018, a photo sheet consisting of 33 photographs was compiled for First Protective as part of its claim investigation. The comments/notes associated Electronically Filed Gulf Case # 21000024CAAXMX 06/01/2021 04:19:24 PMBanne v. First Protective Insurance Case No.: 21000024CAAXMX with the photographs are part of First Protective’s claim file and constitute work product. See American Reliance Ins. Co. v. Riggins, 604 So.2d 535 (Fla. 3d DCA 1992) (insurance policy does not require an insurer to produce investigative reports to an insured); Avatar Prop. & Cas. Ins. Co. v. Mitchell, 2021 WL 112751 (Fla. 3d DCA 2021) (investigative materials are work product and claim file materials are otherwise irrelevant and not subject to discovery). 3. On or about October 16, 2019, a photo sheet consisting of 122 photographs was compiled for First Protective as part of its claim investigation. The comments/notes associated with the photographs are part of First Protective’s claim file and constitute work product. See American Reliance Ins. Co. v. Riggins, 604 So.2d 535 (Fla. 3d DCA 1992) (insurance policy does not require an insurer to produce investigative reports to an insured); Avatar Prop. & Cas. Ins. Co. vy. Mitchell, 2021 WL 112751 (Fla. 3d DCA 2021) (investigative materials are work product and claim file materials are otherwise irrelevant and not subject to discovery). 4. Investigative reports and invoice prepared by Team One Adjusting Services. See American Reliance Ins. Co. v. Riggins, 604 So.2d 535 (Fla. 3d DCA 1992) (insurance policy does not require an insurer to produce investigative reports to an insured); Avatar Prop. & Cas. Ins. Co. vy. Mitchell, 2021 WL 112751 (Fla. 3d DCA 2021) (investigative materials are work product and claim file materials are otherwise irrelevant and not subject to discovery). 5. Correspondence between First Protective and Team One Adjusting Services. See American Reliance Ins. Co. v. Riggins, 604 So.2d 535 (Fla. 3d DCA 1992) (insurance policy does not require an insurer to produce investigative reports to an insured); Avatar Prop. & Cas. Ins. Co. v. Mitchell, 2021 WL 112751 (Fla. 3d DCA 2021) (investigative materials are work product and claim file materials are otherwise irrelevant and not subject to discovery).Banne v. First Protective Insurance Case No.: 21000024CAAXMX 6. Investigative report and invoice prepared by Crawford Catastrophe Services. See American Reliance Ins. Co. v. Riggins, 604 So.2d 535 (Fla. 3d DCA 1992) (insurance policy does not require an insurer to produce investigative reports to an insured); Avatar Prop. & Cas. Ins. Co. v. Mitchell, 2021 WL 112751 (Fla. 3d DCA 2021) (investigative materials are work product and claim file materials are otherwise irrelevant and not subject to discovery). 7. Correspondence between First Protective and Crawford Catastrophe Services. See American Reliance Ins. Co. v. Riggins, 604 So.2d 535 (Fla. 3d DCA 1992) (insurance policy does not require an insurer to produce investigative reports to an insured); Avatar Prop. & Cas. Ins. Co. v. Mitchell, 2021 WL 112751 (Fla. 3d DCA 2021) (investigative materials are work product and claim file materials are otherwise irrelevant and not subject to discovery). 8. Correspondence between First Protective and Rimkus Consulting Group. See American Reliance Ins. Co. v. Riggins, 604 So.2d 535 (Fla. 3d DCA 1992) (insurance policy does not require an insurer to produce investigative reports to an insured); Avatar Prop. & Cas. Ins. Co. vy. Mitchell, 2021 WL 112751 (Fla. 3d DCA 2021) (investigative materials are work product and claim file materials are otherwise irrelevant and not subject to discovery). 9. Invoices prepared by Rimkus Consulting Group. See American Reliance Ins. Co. v. Riggins, 604 So.2d 535 (Fla. 3d DCA 1992) (insurance policy does not require an insurer to produce investigative reports to an insured); Avatar Prop. & Cas. Ins. Co. v. Mitchell, 2021 WL 112751 (Fla. 3d DCA 2021) (investigative materials are work product and claim file materials are otherwise irrelevant and not subject to discovery). 10. Statement of Loss prepared by Crawford Catastrophe Services. See American Reliance Ins. Co. v. Riggins, 604 So.2d 535 (Fla. 3d DCA 1992) (insurance policy does not require an insurer to produce investigative reports to an insured); Avatar Prop. & Cas. Ins. Co. v. Mitchell,Banne v. First Protective Insurance Case No.: 21000024CAAXMX 2021 WL 112751 (Fla. 3d DCA 2021) (investigative materials are work product and claim file materials are otherwise irrelevant and not subject to discovery). 11. Claim Notes. See Homeowners Choice Prop. & Cas. Ins. Co. v. Avila, 248 So.3d 180 (Fla. 3d DCA 2018) (claim files are not discoverable); American Reliance Ins. Co. v. Riggins, 604 So.2d 535 (Fla. 3d DCA 1992) (insurance policy does not require an insurer to produce investigative reports to an insured); Avatar Prop. & Cas. Ins. Co. v. Mitchell, 2021 WL 112751 (Fla. 3d DCA 2021) (investigative materials are work product and claim file materials are otherwise irrelevant and not subject to discovery). 12. Claim File. See Homeowners Choice Prop. & Cas. Ins. Co. v. Avila, 248 So.3d 180 (Fla. 3d DCA 2018) (claim files are not discoverable); American Reliance Ins. Co. v. Riggins, 604 So.2d 535 (Fla. 3d DCA 1992) (insurance policy does not require an insurer to produce investigative reports to an insured); Avatar Prop. & Cas. Ins. Co. v. Mitchell, 2021 WL 112751 (Fla. 3d DCA 2021) (investigative materials are work product and claim file materials are otherwise irrelevant and not subject to discovery).Banne v. First Protective Insurance Case No.: 21000024CAAXMX CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing was served via email (mgottlicbh@kpattorney.com; psaldana@kpattorney.com; firstpartyeservice@kpattorney.com) to Matthew Gottlieb, Esq., KANNER & PINTALUGA, P.A., 925 S. Federal Highway, 6" Floor, Boca Raton, FL 33432, this _1* day of June, 2021. STONE, GLASS & CONNOLLY, LLP Attorneys for Defendant 7824 SW 178" Terrace Miami, FL 33157 (305) 456-5652 By: £CO) hconnolly@sgc-attomeys.com Florida Bar Number 078440