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Filing # 99804602 E-Filed 12/04/2019 04:09:41 PM
19-0172 IN THE CIRCUIT COURT OF THE 14™
JUDICIAL CIRCUIT IN AND FOR
BAY COUNTY, FLORIDA
CIVIL DIVISION
CASE NUMBER: 19004413CA
MARGARITA VENCIUS-REDD,
Plaintiff,
VS.
CASTLE KEY INSURANCE COMPANY,
Defendant.
/
PLAINTIFF’S FIRST REQUEST FOR PRODUCTION
COMES NOW, Plaintiff, MARGARITA VENCIUS-REDD, by and through the
undersigned, pursuant to the Florida Rules of Civil Procedure, and propounds this Request for
Production to Defendant CASTLE KEY INSURANCE COMPANY:
DEFINITIONS
A. “Plaintiff(s)” and/or “insured(s)” shall refer to MARGARITA VENCIUS-REDD,
his/her/their agent(s), employee(s), representative(s), attorneys and/or anyone else acting
on their behalf.
B. “Defendant,” “you,” and “your” shali refer to CASTLE KEY INSURANCE
COMPANY, individually or any representatives, employees, officers, directors, agents,
or attorneys or other personas acting or purporting to act on behalf of CASTLE KEY
INSURANCE COMPANY.
C. The “Complaint” means the Complaint filed by the Insured(s) in this action.
D. The “home,” “property,” or “insured property” shall refer to the property referenced in
the Complaint and its attachments.
E. The term “policy” shall refer to the insurance policy referenced in the Complaint and its
attachments.
F. The “Date of the Loss” shall refer to the date the insured property sustained the damage
for which the Complaint was filed.
G. The term “representative” as used herein with regard to a person or entity means and
includes any natural person, individual, proprietorship, partnership, corporation,
association, organization, join venture, firm, other business enterprise, governmental
body, each and every present and former director, officer, partner, employee, agent,OZ
independent consultant or expert or other person (including attorneys), such as friends,
relatives and spouse acting or purporting to act on behalf of the person or entity.
. “Person(s)” shall refer to a natural person, an individual, firm, association, partnership,
joint venture, corporation, trust and estate, or other form of legal or business entity,
public or private.
“Document(s)” shall refer to and all written recorded, or graphic matter, however
produced or reproduced, of every kind and description, whether produced internally or
received from outside sources, including without limiting the generality of the foregoing,
and all originals, copies, and drafts, of all papers, books, letters, correspondence,
memoranda, catalogs, warranties, minutes of meetings, facsimiles transfer lists,
shareholder lists, opinion letters, letters of understanding, letters of intent, private
placement memoranda, SEC Form 504 Offer Statements, offering statements or circulars,
memoranda of telephone conversations, telegrams, photographs, prospectus, drawings,
sketches, feasibility studies, interoffice communications, licenses, testing reports,
laboratory reports, agreements, ledgers, books of account, summaries, computer print-
outs, proposals, suggestions, legal pleadings, bills of sale, indemnity agreements, security
notebooks., calendar, appointment books, diaries, agendas, time sheets, log, transaction
files, credit reports, notations, notes, minutes of meetings, sound records, photo records,
or tale recordings or other data compilations from which information can be obtained,
any transcriptions thereof, bulletins, circulars, press releases, notices, instructions,
advertisements, work assignments, film videotapes, film negatives, research, articles,
treatises, and including all attachments and enclosures thereto. Documents shall also
include matters stored in an electronic medium, such matters being, among others, voice
mail messages and filed, backup voice mail files, email messages and files, word
processing documents, spreadsheets, presentation documents, graphics, animations,
images, instant messages and/or instant message logs, backup email files, deleted email
data files, program files, backup and archived tapes, temporary files, system history files,
website log files, cache files, cookies, and other electronically recorded information.
Documents also means all documents of the class requested and includes all documents
in the immediate possession and control of the deponent and or all documents that can be
obtained from the other persons subject to the direction and control of the deponent,
including but not limited to, agents, employees, officers, directors, attorneys, accountants,
subcontractors and consultants.
Electronic documents shall also include matters described as accurate data, deleted data,
backup data, metadata, migrated data, replicate data, residual data, and legacy data.
. The term “concerning” means relating to, referring to, describing, evidencing and /or
constituting.
. The conjunctions “and” and “or” shall be interpreted in every instance as meaning
“and/or.”
The term “referring (to)” or “relating (to)” shall mean setting forth, pertaining to,
memorializing, constituting, embodying, discussing, analyzing, reflecting, showing,
disclosing, averring to, comprising, evidencing, or otherwise concerning.
. As herein used, the singular shall include the plural.
. The word “any” shall be interpreted as to include the word “all” and the word “all” shall
be interpreted as to include the word “any.”. The term “communication” shall refer to any transmission of information by any means,
including without limitation, by spoken language, electronic transmission of data or any
other means, 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 written information.
INSTRUCTIONS
. Please produce all files in the condition in which they are regularly maintained. If the
files and their contexts are produced, Defendant is requested to provide a reproduction in
the same format as that in which the files are actually maintained, including file jackets,
labels, dividers, and all other properties necessary to simulate the actual file.
. In the event that any document called for this Request has been destroyed, lost, discarded
or otherwise disposed of, each such document is to be identified as completely as
possible, including, without limitation, the following information: author, recipient,
sender, subject matter, date prepared or received, date of disposal, person currently in
possession of the document, and the person that disposed of the document.
. Where identification of a document is requested, please set forth the identity of tits author
or originator, the date of such authorship or origination, the identity of each person to
whom the original or copy was addressed or delivered, the identity of each person known
or reasonably believed to have present possession, custody, or control thereof, and a brief
description of the subject matter thereof.
. Where identification of a person is requested, please set for the person’s name, last
known home and business address and telephone number, and relation to Defendant, if
any.
. Unless otherwise indicated, all requests include the time period from the Date of the Loss
to the date you received this request.
. When producing the required documents, please keep all documents segregated by the
file in which the documents are contained and indicate the name of the file in which the
documents are contained and the name of the documents being produced.
. When producing the required documents, please produce all other documents that are
clipped, stapled or otherwise attached to any requested document. In the event such
file(s) or document(s) has/have been removed, either for the purpose of this action or for
some other purpose, please state the name and address of the person who removed the
file, the title of the file and each sub-file, if any, maintained within the file, and the
present location of the file.
REQUEST FOR PRODUCTION
. A copy of Defendant’s complete file with respect to the subject matter of this litigation,
including: a complete copy of the underwriting file regarding the issuance of insurance to
Plaintiff's property, including the application for insurance and all documents submitted
to your company by the insured or its agent(s) prior to issuance of the policy; and a trueand correct copy of all the applicable insurance policies issued to the Plaintiff by
Defendant, including any and all endorsements in effect on the date of the loss,
. Any and all documents related to Defendant’s processing of Plaintiff's claim.
. Any and all documents that Plaintiff or Plaintiff's agents have submitted to Defendant or
Defendant’s agents with respect to Plaintiff's claim.
. Any and all claim forms, including proof of loss forms, notice of loss reports, or
authorization forms.
. All documents regarding the first notice of loss report, including communication, whether
written or verbal, between Plaintiff and Defendant regarding the notice of loss, and
interoffice memoranda and claim notes regarding receipt or evaluation of the notice of
claim.
. Any and all documents, including correspondence and recordings of oral
communications, between you and anyone, including Plaintiff, Plaintiff's agents, any
insurance agency, adjuster, contractor, and appraisers, evidencing communications about
the subject matter of this litigation.
. All documents related to the decision to deny, withhold, or delay payment; or
conditionally pay Plaintiffs claim; including any appraisals, printouts, explanations,
repair/replace estimates of damage to real or personal property; or any other
documentation supporting any reduction to Plaintiff's benefits as suggested by any
adjuster, contractor, or appraiser.
. All documents related to past and expected visits by Defendant or its agents to Plaintiff's
property; including timesheets, logs, or any other documents reflecting time spent by
Defendant or its agents at Plaintiffs property.10.
IL.
13.
14,
15.
16.
17.
Any and all documents evidencing the name, address, and the position/relationship with
Defendant of every individual who has visited or plans to visit Plaintiff's property on
behalf of Defendant.
Any and all photographs and reports made or obtained prior to and subsequent to the date
of loss, including surveillance reports, history reports about Plaintiff's claims, inspection
reports, appraisal reports, roof and plumbing reports, or any other investigative report
pertaining to the insured property.
Any and all invoices and bills reflecting premium payments made by the Plaintiff to
Defendant.
. Any documents supporting removal of any coverage available for Plaintiff's loss.
Any material or property that you or your representatives removed from the insured
property, if any, including any samples collected from any part of the insured property.
Copies of any and all documents that show payments made to Plaintiff or Plaintiff's
agents, or any other third party or its agents, on this claim, including but not limited to a
copy of each check issued for payment of any portion of Plaintiff's claim.
Copies of any diagrams, models, drawings, sketches, blueprints, or any other
reproduction of the subject risk made before or after the subject loss.
Any documents showing or explaining which items, if any, Defendant made payment
upon the amount of damage, and how the amount was determined.
Any and all statements, whether written or recorded, in whichever fashion, taken of the
Plaintiff or Plaintiff's agents, or any third party or its agents, regarding the subject matter
of this litigation. Identify the full legal name, residence address, and telephone number of
each person or party that provided a statement.18. Any and all transcripts of any statement taken of the Plaintiff or Plaintiff's agents, or any
third party or its agents, regarding the subject matter of this litigation. Identify the full
legal name, residence address, and telephone number of each person or party that
provided a statement.
19. All correspondence, documents, photographs and videos pertaining to any previous
insurance claim(s) made by the Plaintiff or by previous owners of the subject property
that were reviewed by you or your representatives in the course of investigating the
instant claim and/or during the course of litigating the instant claim.
20. Any and all documentation or other tangible evidence that you contend supports your
claim that all conditions precedent to bringing this action have not been met.
21. All documents, including photographs that Defendant reviewed, relied on, identified, or
referred to in answering Plaintiffs First Set of Interrogatories.
22. All documents that support Defendant’s Answer and Affirmative Defenses.
23. Any and all police reports related to Plaintiff's current or past claims to you.
24. A copy of Defendant’s underwriting guidelines.
25. A copy of the curriculum vitae and professional licenses of any expert, including any
adjuster, appraiser, or inspector, retained for any reason regarding Plaintiff's claim,
including the processing and evaluation of the claim.
26. Defendant’s Privilege Log, pursuant to the Florida Rules of Civil Procedure, which
identifies with particularity any and all documents withheld in response to the preceding
paragraphs and in response to Plaintiff's First Set of Interrogatories as privileged,
confidential, or otherwise protected from discovery.CERTIFICATE OF SERVICE
IT IS HEREBY CERTIFIED that a true and correct copy of foregoing was served on
the Defendant along with the Complaint and Summons this 4th day of December, 2019.
CORREDOR & HUSSEINI, P.A.
/s/Maria E. Corredor
Maria E. Corredor, Esq.
FBN: 76619
José C. Leén, Esq.
FBN: 125553
3905 N.W. 107th Avenue
Suite 502
Telephone: 305-670-1880
Facsimile: 305-670-1985
Email: jleon@chslaw.net
Email: service@corredorhusseinilaw.com
Attorneys for Plaintiff(s)
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Filing # 99804602 E-Filed 12/04/2019 04:09:41 PM 19-0172 IN THE CIRCUIT COURT OF THE 14™ JUDICIAL CIRCUIT IN AND FOR BAY COUNTY, FLORIDA CIVIL DIVISION CASE NUMBER: 19004413CA MARGARITA VENCIUS-REDD, Plaintiff, VS. CASTLE KEY INSURANCE COMPANY, Defendant. / PLAINTIFF’S FIRST REQUEST FOR PRODUCTION COMES NOW, Plaintiff, MARGARITA VENCIUS-REDD, by and through the undersigned, pursuant to the Florida Rules of Civil Procedure, and propounds this Request for Production to Defendant CASTLE KEY INSURANCE COMPANY: DEFINITIONS A. “Plaintiff(s)” and/or “insured(s)” shall refer to MARGARITA VENCIUS-REDD, his/her/their agent(s), employee(s), representative(s), attorneys and/or anyone else acting on their behalf. B. “Defendant,” “you,” and “your” shali refer to CASTLE KEY INSURANCE COMPANY, individually or any representatives, employees, officers, directors, agents, or attorneys or other personas acting or purporting to act on behalf of CASTLE KEY INSURANCE COMPANY. C. The “Complaint” means the Complaint filed by the Insured(s) in this action. D. The “home,” “property,” or “insured property” shall refer to the property referenced in the Complaint and its attachments. E. The term “policy” shall refer to the insurance policy referenced in the Complaint and its attachments. F. The “Date of the Loss” shall refer to the date the insured property sustained the damage for which the Complaint was filed. G. The term “representative” as used herein with regard to a person or entity means and includes any natural person, individual, proprietorship, partnership, corporation, association, organization, join venture, firm, other business enterprise, governmental body, each and every present and former director, officer, partner, employee, agent,OZ independent consultant or expert or other person (including attorneys), such as friends, relatives and spouse acting or purporting to act on behalf of the person or entity. . “Person(s)” shall refer to a natural person, an individual, firm, association, partnership, joint venture, corporation, trust and estate, or other form of legal or business entity, public or private. “Document(s)” shall refer to and all written recorded, or graphic matter, however produced or reproduced, of every kind and description, whether produced internally or received from outside sources, including without limiting the generality of the foregoing, and all originals, copies, and drafts, of all papers, books, letters, correspondence, memoranda, catalogs, warranties, minutes of meetings, facsimiles transfer lists, shareholder lists, opinion letters, letters of understanding, letters of intent, private placement memoranda, SEC Form 504 Offer Statements, offering statements or circulars, memoranda of telephone conversations, telegrams, photographs, prospectus, drawings, sketches, feasibility studies, interoffice communications, licenses, testing reports, laboratory reports, agreements, ledgers, books of account, summaries, computer print- outs, proposals, suggestions, legal pleadings, bills of sale, indemnity agreements, security notebooks., calendar, appointment books, diaries, agendas, time sheets, log, transaction files, credit reports, notations, notes, minutes of meetings, sound records, photo records, or tale recordings or other data compilations from which information can be obtained, any transcriptions thereof, bulletins, circulars, press releases, notices, instructions, advertisements, work assignments, film videotapes, film negatives, research, articles, treatises, and including all attachments and enclosures thereto. Documents shall also include matters stored in an electronic medium, such matters being, among others, voice mail messages and filed, backup voice mail files, email messages and files, word processing documents, spreadsheets, presentation documents, graphics, animations, images, instant messages and/or instant message logs, backup email files, deleted email data files, program files, backup and archived tapes, temporary files, system history files, website log files, cache files, cookies, and other electronically recorded information. Documents also means all documents of the class requested and includes all documents in the immediate possession and control of the deponent and or all documents that can be obtained from the other persons subject to the direction and control of the deponent, including but not limited to, agents, employees, officers, directors, attorneys, accountants, subcontractors and consultants. Electronic documents shall also include matters described as accurate data, deleted data, backup data, metadata, migrated data, replicate data, residual data, and legacy data. . The term “concerning” means relating to, referring to, describing, evidencing and /or constituting. . The conjunctions “and” and “or” shall be interpreted in every instance as meaning “and/or.” The term “referring (to)” or “relating (to)” shall mean setting forth, pertaining to, memorializing, constituting, embodying, discussing, analyzing, reflecting, showing, disclosing, averring to, comprising, evidencing, or otherwise concerning. . As herein used, the singular shall include the plural. . The word “any” shall be interpreted as to include the word “all” and the word “all” shall be interpreted as to include the word “any.”. The term “communication” shall refer to any transmission of information by any means, including without limitation, by spoken language, electronic transmission of data or any other means, 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 written information. INSTRUCTIONS . Please produce all files in the condition in which they are regularly maintained. If the files and their contexts are produced, Defendant is requested to provide a reproduction in the same format as that in which the files are actually maintained, including file jackets, labels, dividers, and all other properties necessary to simulate the actual file. . In the event that any document called for this Request has been destroyed, lost, discarded or otherwise disposed of, each such document is to be identified as completely as possible, including, without limitation, the following information: author, recipient, sender, subject matter, date prepared or received, date of disposal, person currently in possession of the document, and the person that disposed of the document. . Where identification of a document is requested, please set forth the identity of tits author or originator, the date of such authorship or origination, the identity of each person to whom the original or copy was addressed or delivered, the identity of each person known or reasonably believed to have present possession, custody, or control thereof, and a brief description of the subject matter thereof. . Where identification of a person is requested, please set for the person’s name, last known home and business address and telephone number, and relation to Defendant, if any. . Unless otherwise indicated, all requests include the time period from the Date of the Loss to the date you received this request. . When producing the required documents, please keep all documents segregated by the file in which the documents are contained and indicate the name of the file in which the documents are contained and the name of the documents being produced. . When producing the required documents, please produce all other documents that are clipped, stapled or otherwise attached to any requested document. In the event such file(s) or document(s) has/have been removed, either for the purpose of this action or for some other purpose, please state the name and address of the person who removed the file, the title of the file and each sub-file, if any, maintained within the file, and the present location of the file. REQUEST FOR PRODUCTION . A copy of Defendant’s complete file with respect to the subject matter of this litigation, including: a complete copy of the underwriting file regarding the issuance of insurance to Plaintiff's property, including the application for insurance and all documents submitted to your company by the insured or its agent(s) prior to issuance of the policy; and a trueand correct copy of all the applicable insurance policies issued to the Plaintiff by Defendant, including any and all endorsements in effect on the date of the loss, . Any and all documents related to Defendant’s processing of Plaintiff's claim. . Any and all documents that Plaintiff or Plaintiff's agents have submitted to Defendant or Defendant’s agents with respect to Plaintiff's claim. . Any and all claim forms, including proof of loss forms, notice of loss reports, or authorization forms. . All documents regarding the first notice of loss report, including communication, whether written or verbal, between Plaintiff and Defendant regarding the notice of loss, and interoffice memoranda and claim notes regarding receipt or evaluation of the notice of claim. . Any and all documents, including correspondence and recordings of oral communications, between you and anyone, including Plaintiff, Plaintiff's agents, any insurance agency, adjuster, contractor, and appraisers, evidencing communications about the subject matter of this litigation. . All documents related to the decision to deny, withhold, or delay payment; or conditionally pay Plaintiffs claim; including any appraisals, printouts, explanations, repair/replace estimates of damage to real or personal property; or any other documentation supporting any reduction to Plaintiff's benefits as suggested by any adjuster, contractor, or appraiser. . All documents related to past and expected visits by Defendant or its agents to Plaintiff's property; including timesheets, logs, or any other documents reflecting time spent by Defendant or its agents at Plaintiffs property.10. IL. 13. 14, 15. 16. 17. Any and all documents evidencing the name, address, and the position/relationship with Defendant of every individual who has visited or plans to visit Plaintiff's property on behalf of Defendant. Any and all photographs and reports made or obtained prior to and subsequent to the date of loss, including surveillance reports, history reports about Plaintiff's claims, inspection reports, appraisal reports, roof and plumbing reports, or any other investigative report pertaining to the insured property. Any and all invoices and bills reflecting premium payments made by the Plaintiff to Defendant. . Any documents supporting removal of any coverage available for Plaintiff's loss. Any material or property that you or your representatives removed from the insured property, if any, including any samples collected from any part of the insured property. Copies of any and all documents that show payments made to Plaintiff or Plaintiff's agents, or any other third party or its agents, on this claim, including but not limited to a copy of each check issued for payment of any portion of Plaintiff's claim. Copies of any diagrams, models, drawings, sketches, blueprints, or any other reproduction of the subject risk made before or after the subject loss. Any documents showing or explaining which items, if any, Defendant made payment upon the amount of damage, and how the amount was determined. Any and all statements, whether written or recorded, in whichever fashion, taken of the Plaintiff or Plaintiff's agents, or any third party or its agents, regarding the subject matter of this litigation. Identify the full legal name, residence address, and telephone number of each person or party that provided a statement.18. Any and all transcripts of any statement taken of the Plaintiff or Plaintiff's agents, or any third party or its agents, regarding the subject matter of this litigation. Identify the full legal name, residence address, and telephone number of each person or party that provided a statement. 19. All correspondence, documents, photographs and videos pertaining to any previous insurance claim(s) made by the Plaintiff or by previous owners of the subject property that were reviewed by you or your representatives in the course of investigating the instant claim and/or during the course of litigating the instant claim. 20. Any and all documentation or other tangible evidence that you contend supports your claim that all conditions precedent to bringing this action have not been met. 21. All documents, including photographs that Defendant reviewed, relied on, identified, or referred to in answering Plaintiffs First Set of Interrogatories. 22. All documents that support Defendant’s Answer and Affirmative Defenses. 23. Any and all police reports related to Plaintiff's current or past claims to you. 24. A copy of Defendant’s underwriting guidelines. 25. A copy of the curriculum vitae and professional licenses of any expert, including any adjuster, appraiser, or inspector, retained for any reason regarding Plaintiff's claim, including the processing and evaluation of the claim. 26. Defendant’s Privilege Log, pursuant to the Florida Rules of Civil Procedure, which identifies with particularity any and all documents withheld in response to the preceding paragraphs and in response to Plaintiff's First Set of Interrogatories as privileged, confidential, or otherwise protected from discovery.CERTIFICATE OF SERVICE IT IS HEREBY CERTIFIED that a true and correct copy of foregoing was served on the Defendant along with the Complaint and Summons this 4th day of December, 2019. CORREDOR & HUSSEINI, P.A. /s/Maria E. Corredor Maria E. Corredor, Esq. FBN: 76619 José C. Leén, Esq. FBN: 125553 3905 N.W. 107th Avenue Suite 502 Telephone: 305-670-1880 Facsimile: 305-670-1985 Email: jleon@chslaw.net Email: service@corredorhusseinilaw.com Attorneys for Plaintiff(s)