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Filing # 103700414 E-Filed 02/21/2020 12:51:54 PM
IN THE CIRCUIT COURT OF THE
14TH JUDICIAL CIRCUIT IN AND
FOR BAY COUNTY, FLORIDA
CASE NO.: 19004406CA
JAMES R. SMITH,
Plaintiff,
Vv.
SECURITY FIRST INSURANCE COMPANY,
Defendant.
/
DEFENDANT’S RESPONSE TO PLAINTIFF’S FIRST REQUEST FOR PRODUCTION
COMES NOW, Defendant, SECURITY FIRST INSURANCE COMPANY, by and
through undersigned counsel and pursuant to Florida Rule of Civil Procedure 1.350,
hereby responds to Plaintiffs’ First Request for Production to Defendant and would state
as follows:
1. A certified copy of the subject policy of insurance issued by Defendant to
Plaintiff, JAMES R. SMITH, as well as the application for such policy of
insurance.
RESPONSE: See attached.
2. Any and all correspondence, communication and/or documents forwarded to
Plaintiff or their agents and/or representatives, from Defendant regarding the
claim that is the subject of the instant action.
RESPONSE: See attached.
COLE, SCOTT & KISSANE, P.A.
4301 WEST BOY SCOUT BOULEVARD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (813) 286-2900 FAXCASE NO.: 19004406CA
3. Any and all correspondence, communication and/or documents forwarded to
Defendant from Plaintiff or their agents and/or representatives, regarding the
claim that is the subject of the instant action.
RESPONSE:
See attached.
4. Any and all estimates prepared by Defendant, or any representative, employee
and/or agent thereof, for repair or replacement of any damage on the subject
property prior to the filing of this action.
RESPONSE:
Objection. This request is overbroad and seeks
irrelevant and improper “bad faith” discovery of claim
file and claim handling materials, and work-product
privileged and protected documentation contained in
the claim file. See Defendant’s Privilege Log filed
contemporaneously herein. Notwithstanding and
without waiving said objection, please see attached any
non-privileged responsive documents.
5. Any and all reports prepared by Defendant, or any representative, employee
and/or agent thereof, regarding the cause and/or scope of damage to the
insured property.
RESPONSE:
Objection. This request is overbroad and seeks
irrelevant and improper “bad faith” discovery of claim
file and claim handling materials, and work-product
privileged and protected documentation contained in
the claim file. See Defendant’s Privilege Log filed
contemporaneously herein. Notwithstanding and
without waiving said objection, please see attached any
non-privileged responsive documents.
Page 2
COLE, SCOTT & KISSANE, P.A.
4301 WEST BOY SCOUT BOULEVARD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (813) 286-2900 FAXCASE NO.: 19004406CA
6. Any and all photographs of the damages and/or the cause of damages taken
during any inspection by Defendant, or any representative, employee and/or
agent thereof.
RESPONSE: Objection. This request is overbroad and seeks
irrelevant and improper “bad faith” discovery of claim
file and claim handling materials, and work-product
privileged and protected documentation contained in
the claim file. See Defendant’s Privilege Log filed
contemporaneously herein. Notwithstanding and
without waiving said objection, please see attached any
non-privileged responsive documents.
7. Any and all reports and/or estimates prepared by any and all third parties or
anyone on behalf of Defendant during the claim evaluation process
RESPONSE: Objection. This request is overbroad and seeks
irrelevant and improper “bad faith” discovery of claim
file and claim handling materials, and work-product
privileged and protected documentation contained in
the claim file. See Defendant’s Privilege Log filed
contemporaneously herein. Notwithstanding and
without waiving said objection, please see attached any
non-privileged responsive documents.
8. Any and all audio recordings, transcriptions of any statement taken, or any other
written correspondence from Plaintiff, their agents and/or representatives, and/or
any third party, including, but not limited to any roofers, handyman, etc., who
inspected the damages and/or investigated the cause of said damages.
RESPONSE: None.
Page 3
COLE, SCOTT & KISSANE, P.A.
4301 WEST BOY SCOUT BOULEVARD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (813) 286-2900 FAX10.
11.
12.
CASE NO.: 19004406CA
Any documentation Defendant relies on concerning its allegation or affirmative
defense that the claimed damages to the insured property were preexisting the
date of loss.
RESPONSE: Objection. This request is overbroad and seeks
irrelevant and improper “bad faith” discovery of claim
file and claim handling materials, and work-product
privileged and protected documentation contained in
the claim file. See Defendant’s Privilege Log filed
contemporaneously herein. Notwithstanding and
without waiving said objection, please see Defendant’s
Coverage Determination letter produced herein.
Copies of any and all recorded statements made by Plaintiff or their agents
regarding the claim that is the subject of the instant action.
RESPONSE: None.
Any and all transcripts or written statements from Plaintiff including, but not
limited to, transcripts of examinations under oath.
RESPONSE: None.
Copies of all documents relating to or supporting each affirmative or general
defense asserted by Defendant regarding the claim that is the subject of the
instant action.
RESPONSE: Objection. This request is overbroad and seeks
irrelevant and improper “bad faith” discovery of claim
file and claim handling materials, and work-product
privileged and protected documentation contained in
the claim file. See Defendant’s Privilege Log filed
contemporaneously herein. Notwithstanding and
without waiving said objection, please see attached any
non-privileged responsive documents and Defendant’s
Coverage Determination letter produced herein.
Page 4
COLE, SCOTT & KISSANE, P.A.
4301 WEST BOY SCOUT BOULEVARD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (813) 286-2900 FAXCASE NO.: 19004406CA
13. A copy of the entire underwriting file for the insurance policy issued by
Defendant to Plaintiff for the property located at 7401 W. Highway 98, Port St.
Joe, FL 32456.
RESPONSE:
Objection. This request is overbroad and seeks
irrelevant and improper “bad faith” discovery of claim
file and claim handling materials, and work-product
privileged and protected documentation contained in
the claim file. See Defendant’s Privilege Log filed
contemporaneously herein.
14. The application for insurance and all documents submitted to Defendant by
Plaintiff or their agents prior to the issuance of the insurance policy.
RESPONSE:
Objection. This request is overbroad and seeks
irrelevant and improper “bad faith” discovery of claim
file and claim handling materials, and work-product
privileged and protected documentation contained in
the claim file. See Defendant’s Privilege Log filed
contemporaneously herein. Notwithstanding and
without waiving said objection, a request has been
made for same and will be produced upon receipt.
15. Any and all documents related to any and all other insurance claims made by
Plaintiffs, that Defendant intends to use in the instant action.
RESPONSE:
Objection. This request is overbroad and seeks
irrelevant and improper “bad faith” discovery of claim
file and claim handling materials, and work-product
privileged and protected documentation contained in
the claim file.
Page 5
COLE, SCOTT & KISSANE, P.A.
4301 WEST BOY SCOUT BOULEVARD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (813) 286-2900 FAXCASE NO.: 19004406CA
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that on this 21st day of February, 2020, a true and correct
copy of the foregoing was filed with the Clerk of BAY County by using the Florida Courts
e-Filing Portal, which will send an automatic e-mail message to the following parties
registered with the e-Filing Portal system: Justin Petrie, Esq., Kandell, Kandell & Petrie,
justin@kandelllaw.com;justin@kkpfirm.com;jenni@kkpfirm.com, 2665 S. Bayshore
Drive, Suite 601, Coconut Grove, FL 33133, (305) 858-2220/(305) 858-2722 (F),
Attorney for Plaintiff, James R. Smith.
COLE, SCOTT & KISSANE, P.A.
Counsel for Defendant SECURITY FIRST
INSURANCE COMPANY
4301 West Boy Scout Boulevard
Suite 400
Tampa, Florida 33607
Telephone (813) 864-9330
Facsimile (813) 286-2900
Primary e-mail: paydon.broeder@csklegal.com
Secondary e-mail:
katherine. moran@csklegal.com
Alternate e-mail: tiffany.coleman@csklegal.com
By: _s/ Katherine Moran
PAYDON R. BROEDER
Florida Bar No.: 106881
KATHERINE MORAN
Florida Bar No.: 1018653
0504.3686-00/ 16954344
Page 6
COLE, SCOTT & KISSANE, P.A.
4301 WEST BOY SCOUT BOULEVARD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (813) 286-2900 FAX
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Filing # 103700414 E-Filed 02/21/2020 12:51:54 PM IN THE CIRCUIT COURT OF THE 14TH JUDICIAL CIRCUIT IN AND FOR BAY COUNTY, FLORIDA CASE NO.: 19004406CA JAMES R. SMITH, Plaintiff, Vv. SECURITY FIRST INSURANCE COMPANY, Defendant. / DEFENDANT’S RESPONSE TO PLAINTIFF’S FIRST REQUEST FOR PRODUCTION COMES NOW, Defendant, SECURITY FIRST INSURANCE COMPANY, by and through undersigned counsel and pursuant to Florida Rule of Civil Procedure 1.350, hereby responds to Plaintiffs’ First Request for Production to Defendant and would state as follows: 1. A certified copy of the subject policy of insurance issued by Defendant to Plaintiff, JAMES R. SMITH, as well as the application for such policy of insurance. RESPONSE: See attached. 2. Any and all correspondence, communication and/or documents forwarded to Plaintiff or their agents and/or representatives, from Defendant regarding the claim that is the subject of the instant action. RESPONSE: See attached. COLE, SCOTT & KISSANE, P.A. 4301 WEST BOY SCOUT BOULEVARD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (813) 286-2900 FAXCASE NO.: 19004406CA 3. Any and all correspondence, communication and/or documents forwarded to Defendant from Plaintiff or their agents and/or representatives, regarding the claim that is the subject of the instant action. RESPONSE: See attached. 4. Any and all estimates prepared by Defendant, or any representative, employee and/or agent thereof, for repair or replacement of any damage on the subject property prior to the filing of this action. RESPONSE: Objection. This request is overbroad and seeks irrelevant and improper “bad faith” discovery of claim file and claim handling materials, and work-product privileged and protected documentation contained in the claim file. See Defendant’s Privilege Log filed contemporaneously herein. Notwithstanding and without waiving said objection, please see attached any non-privileged responsive documents. 5. Any and all reports prepared by Defendant, or any representative, employee and/or agent thereof, regarding the cause and/or scope of damage to the insured property. RESPONSE: Objection. This request is overbroad and seeks irrelevant and improper “bad faith” discovery of claim file and claim handling materials, and work-product privileged and protected documentation contained in the claim file. See Defendant’s Privilege Log filed contemporaneously herein. Notwithstanding and without waiving said objection, please see attached any non-privileged responsive documents. Page 2 COLE, SCOTT & KISSANE, P.A. 4301 WEST BOY SCOUT BOULEVARD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (813) 286-2900 FAXCASE NO.: 19004406CA 6. Any and all photographs of the damages and/or the cause of damages taken during any inspection by Defendant, or any representative, employee and/or agent thereof. RESPONSE: Objection. This request is overbroad and seeks irrelevant and improper “bad faith” discovery of claim file and claim handling materials, and work-product privileged and protected documentation contained in the claim file. See Defendant’s Privilege Log filed contemporaneously herein. Notwithstanding and without waiving said objection, please see attached any non-privileged responsive documents. 7. Any and all reports and/or estimates prepared by any and all third parties or anyone on behalf of Defendant during the claim evaluation process RESPONSE: Objection. This request is overbroad and seeks irrelevant and improper “bad faith” discovery of claim file and claim handling materials, and work-product privileged and protected documentation contained in the claim file. See Defendant’s Privilege Log filed contemporaneously herein. Notwithstanding and without waiving said objection, please see attached any non-privileged responsive documents. 8. Any and all audio recordings, transcriptions of any statement taken, or any other written correspondence from Plaintiff, their agents and/or representatives, and/or any third party, including, but not limited to any roofers, handyman, etc., who inspected the damages and/or investigated the cause of said damages. RESPONSE: None. Page 3 COLE, SCOTT & KISSANE, P.A. 4301 WEST BOY SCOUT BOULEVARD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (813) 286-2900 FAX10. 11. 12. CASE NO.: 19004406CA Any documentation Defendant relies on concerning its allegation or affirmative defense that the claimed damages to the insured property were preexisting the date of loss. RESPONSE: Objection. This request is overbroad and seeks irrelevant and improper “bad faith” discovery of claim file and claim handling materials, and work-product privileged and protected documentation contained in the claim file. See Defendant’s Privilege Log filed contemporaneously herein. Notwithstanding and without waiving said objection, please see Defendant’s Coverage Determination letter produced herein. Copies of any and all recorded statements made by Plaintiff or their agents regarding the claim that is the subject of the instant action. RESPONSE: None. Any and all transcripts or written statements from Plaintiff including, but not limited to, transcripts of examinations under oath. RESPONSE: None. Copies of all documents relating to or supporting each affirmative or general defense asserted by Defendant regarding the claim that is the subject of the instant action. RESPONSE: Objection. This request is overbroad and seeks irrelevant and improper “bad faith” discovery of claim file and claim handling materials, and work-product privileged and protected documentation contained in the claim file. See Defendant’s Privilege Log filed contemporaneously herein. Notwithstanding and without waiving said objection, please see attached any non-privileged responsive documents and Defendant’s Coverage Determination letter produced herein. Page 4 COLE, SCOTT & KISSANE, P.A. 4301 WEST BOY SCOUT BOULEVARD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (813) 286-2900 FAXCASE NO.: 19004406CA 13. A copy of the entire underwriting file for the insurance policy issued by Defendant to Plaintiff for the property located at 7401 W. Highway 98, Port St. Joe, FL 32456. RESPONSE: Objection. This request is overbroad and seeks irrelevant and improper “bad faith” discovery of claim file and claim handling materials, and work-product privileged and protected documentation contained in the claim file. See Defendant’s Privilege Log filed contemporaneously herein. 14. The application for insurance and all documents submitted to Defendant by Plaintiff or their agents prior to the issuance of the insurance policy. RESPONSE: Objection. This request is overbroad and seeks irrelevant and improper “bad faith” discovery of claim file and claim handling materials, and work-product privileged and protected documentation contained in the claim file. See Defendant’s Privilege Log filed contemporaneously herein. Notwithstanding and without waiving said objection, a request has been made for same and will be produced upon receipt. 15. Any and all documents related to any and all other insurance claims made by Plaintiffs, that Defendant intends to use in the instant action. RESPONSE: Objection. This request is overbroad and seeks irrelevant and improper “bad faith” discovery of claim file and claim handling materials, and work-product privileged and protected documentation contained in the claim file. Page 5 COLE, SCOTT & KISSANE, P.A. 4301 WEST BOY SCOUT BOULEVARD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (813) 286-2900 FAXCASE NO.: 19004406CA CERTIFICATE OF SERVICE | HEREBY CERTIFY that on this 21st day of February, 2020, a true and correct copy of the foregoing was filed with the Clerk of BAY County by using the Florida Courts e-Filing Portal, which will send an automatic e-mail message to the following parties registered with the e-Filing Portal system: Justin Petrie, Esq., Kandell, Kandell & Petrie, justin@kandelllaw.com;justin@kkpfirm.com;jenni@kkpfirm.com, 2665 S. Bayshore Drive, Suite 601, Coconut Grove, FL 33133, (305) 858-2220/(305) 858-2722 (F), Attorney for Plaintiff, James R. Smith. COLE, SCOTT & KISSANE, P.A. Counsel for Defendant SECURITY FIRST INSURANCE COMPANY 4301 West Boy Scout Boulevard Suite 400 Tampa, Florida 33607 Telephone (813) 864-9330 Facsimile (813) 286-2900 Primary e-mail: paydon.broeder@csklegal.com Secondary e-mail: katherine. moran@csklegal.com Alternate e-mail: tiffany.coleman@csklegal.com By: _s/ Katherine Moran PAYDON R. BROEDER Florida Bar No.: 106881 KATHERINE MORAN Florida Bar No.: 1018653 0504.3686-00/ 16954344 Page 6 COLE, SCOTT & KISSANE, P.A. 4301 WEST BOY SCOUT BOULEVARD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (813) 286-2900 FAX