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Filing # 103462799 E-Filed 02/18/2020 11:27:58 AM
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.
/
NOTICE OF SERVICE OF DEFENDANT’S
FIRST SET OF INTERROGATORIES TO PLAINTIFF
COMES NOW Defendant, SECURITY FIRST INSURANCE COMPANY (“Security
First”), by and through their undersigned counsel and pursuant to Florida Rules of Civil
Procedure 1.340, files its First Set of Interrogatories upon Plaintiff, to be answered and
served under oath and in writing within thirty (30) days of the date of service.
[CERTIFICATE OF SERVICE IS ON THE FOLLOWING PAGE]CERTIFICATE OF SERVICE
| HEREBY CERTIFY that on this 18th 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.
By:
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
s/ Katherine Moran
PAYDON R. BROEDER
Florida Bar No.: 106881
KATHERINE MORAN
Florida Bar No.: 1018653DEFINITIONS AND INSTRUCTIONS
Please refer to these definitions and instructions in providing your responses.
Unless otherwise clearly indicated by the context thereof, the following definitions and
instructions shall apply to each of the interrogatories set forth below:
Definitions
1. Plaintiff means JAMES R. SMITH.
2. The Insured’s or the insured property is referring to the property located at
7401 W. Highway 98, Port St. Joe, FL 32456.
3. "You" and/or "Your" mean Plaintiff, unless otherwise so stated.
4. “Security First? means Defendant referring to Security First Insurance
Company, and any of its employees, agents, attorneys, representatives, or other
persons acting on its behalf.
5. “Claim” means the insurance claim at issue in this action.
6. “Communication” means, without limitation, any oral, written, telephonic,
radio, video or electronic transmission of information, demands or questions,
including but not limited to conversations, meetings, discussions, telephone calls,
telegrams, telecopies, telexes, seminars, conferences, writings, letters, messages,
notes, or memoranda.
7. “Document” or "Documents" means all "writings and recordings". The
definition is intended to include all documents, agreements, correspondence,
records, ledgers, contracts, bills, invoices, bills of lading, inventories, financial data,
memoranda, notes, or other writings, formal or informal in nature, accounting and
financial records, diaries, statements, telegrams, draft, work papers, paper and
magnetic tapes, charts, computer cards and print outs, electronically or
magnetically stored information or data, minutes, publications, calendars,
telephone pads, bulletins, directives, logs and listings, in your actual or
constructive possession, custody or control, or of which you have knowledge of
the existence, and whether prepared, published or released by you or by any other
person or entity. Without limitation on the foregoing, the term "documents" shall
include any copy which differs in any respect from the original or other versions of
the documents, such as copies containing notations, insertions, corrections,
marginal notes or any variations.
8. The term “subject loss’ refers to the alleged damage suffered by the Insured
on or about October 10, 2018 and assigned claim number 158805.
9. "Identify" means, when used in reference to:A. An individual, to state his or her (I) full name; (ii) present or last known
home and business address, including street name and number, city or
town and zip code; (iii) present or last known position, job title and job
description;
B. A person other than an individual, to state its (|) full name and type
of organization or entity; (ii) address or principal place of business; and (iii)
jurisdiction and date of incorporation or organization, if known.
Cc. An expert witness, to state his or her (i) full name; (ii) present or last
known home and business address, including street name and number, city
or town and zip code; (iii) present or last known position, job title, and job
description; (iv) qualifications as an expert, (v) the subject matter upon
which the witness is expected to testify, (vi) the substance of the facts and
opinions to which the witness is expected to testify, and (vii) a summary of
the grounds for each opinion.
D. Documents, to state (I) the name and date of the document, the name
and address of the person(s) originating the document, the name and
address, if any, of the person(s) to whom the document is addressed, the
names and addresses of all persons to whom copies of the documents were
to have been sent; and the organization, firm or agency with which any such
persons were connected as of the date of the document; and (ii) whether
Plaintiff is in possession of or have under their control the original or a copy
of the document, and, if not in possession of an original or copy, the name
and address of the custodian of each original copy, and the name and
address of each person who Plaintiff believes presently is in possession of
the original or copy of such document. In lieu of identifying particular
documents, when such identification is requested, the document may, at
Plaintiffs option, be attached to the response to these interrogatories,
bearing an indication to which interrogatory or interrogatories each
document relates.
E. Conversations, to state the date and place and approximate time of day
of the conversation, the identity of all persons in attendance, the subject
matter and reasons for the conversation, the statements made by each
person, including the context in which they were made and the identity of
any writings or recordings which exist relating thereto.
F. Acclaim, the name of the claimant, the nature of the claim, the names
of all parties to any lawsuit, the court number, if any, the date of the claim,
the date upon which Plaintiff's first became aware of the claim, the relief
sought, and the present status or final disposition of the claim.
G. Any other item or information, to provide a particular description ofthe same.
10. “Loss” means the event and damage alleged as covered under the Plaintiffs
policy with Defendant more specifically described in Plaintiff's Complaint.
11. "Notice" shall include formal and informal notification and is not limited to
"notice" as that term is used in any policy issued to the Plaintiff.
12. The plural shall include the singular and the singular shall include the plural.
13. Privilege. If you contend that you are entitled to withhold information falling
within the purview of this discovery request on the basis of the attorney-client
privilege, the work-product doctrine, or any other ground, such information should
be identified by providing a description of the following:
A. Describe the subject matter of the information in enough detail to
determine the validity of the claimed privilege;
B. Identify the person(s) who have knowledge or who have transmitted said
information;
C. State the nature and basis of the privilege or other ground claimed for
withholding the information, and
D. The date such information was transmitted to or by you.1.
DEFENDANT’S FIRST SET OF INTERROGATORIES TO PLAINTIFF
Identify the name and address of the person answering these interrogatories and,
if applicable, the person’s official position or relationship with the party to whom
the interrogatories are directed.
ANSWER:
Describe in detail all the damages at the Property sustained in relation to this claim.
ANSWER:
Identify all persons who are believed or known by you, your agents or attorneys to
have any knowledge concerning any of the issues raised in this litigation, and
specify the subject matter about which the person has knowledge.
ANSWER:
State with specificity the total amount you claim is owed due in damages due to
the alleged breach as outlined in your Complaint, as well as the basis of your
contention that said amount is owed to you by Defendant by providing any support
to substantiate your claim of damages.
ANSWER:Identify whether you have any photographs and/or video of the property damage
claimed as a result of the loss alleged in this lawsuit.
ANSWER:
Identify each expert witness you intend to call at trial.
ANSWER:
Please state if Defendant has paid you for the repairs associated with the subject
claim and dates of same. If not, please state the basis for the non-payment.
ANSWER:
State each and every attempt, whether successful or not, that has been made to
repair/replace the damage the insured property sustained on or about the date of
loss referenced in the Complaint. Provide:
a detailed description of repairs/replacements;
the identity of all individuals/companies involved in the
repair/replacement of the damage;
what each individual/company did to repair/replace the damage and
on what date those actions were taken;
the results of what each individual/company did to repair/replace the
damage;
your relationship to repair person or remediation company;
whether any damaged walls, flooring, tiles, and/or other items have
been retained for evidence and if so, identify who is in custody of
them.
mm 9 O @>
ANSWER:11.
12.
Describe in detail all actions taken by you to comply with the policy’s post-loss
obligations including but not limited to the following:
Giving prompt notice of the loss;
Showing the damaged property;
Providing records and documents requested;
Attaching all bills, receipts and related documents that justify the
figures in the inventory;
Submitting a signed, sworn proof of loss;
Protecting the property from further damage; and
Making reasonable and necessary repairs to the property.
ornm GOWP
And on what date those actions were taken?
ANSWER:
If you waited to report the loss to the carrier, advise in detail how long you waited
and why you waited. Additionally, advise in detail your actions to repair, mitigate,
and protect the property from further damage prior to notifying the carrier of the
loss.
ANSWER:
Describe and identify the inspections, if any, Plaintiff had performed on the subject
property before purchase and the names of the entities and individuals who
performed them.
ANSWER:13.
14.
Identify Plaintiff's previous addresses for the last five (5) years.
ANSWER:
Describe and identify all property owned by Plaintiff and its purpose, including but
not limited to the address, property type, and/or amount of time Plaintiff resides
there.
ANSWER:JURAT
AFFIANT
STATE OF FLORIDA )
ss.
COUNTY OF )
BEFORE ME, the undersigned authority, personally appeared
, who is personally known to me, or who produced
as identification and, after having been first duly sworn,
acknowledged that the aforementioned answers are true and correct to the best of his/her
knowledge and belief.
WITNESS my hand and official seal in the State and County last aforesaid this
___ day of , 2020.
Notary Public, State of Florida
Print Name:
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Filing # 103462799 E-Filed 02/18/2020 11:27:58 AM 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. / NOTICE OF SERVICE OF DEFENDANT’S FIRST SET OF INTERROGATORIES TO PLAINTIFF COMES NOW Defendant, SECURITY FIRST INSURANCE COMPANY (“Security First”), by and through their undersigned counsel and pursuant to Florida Rules of Civil Procedure 1.340, files its First Set of Interrogatories upon Plaintiff, to be answered and served under oath and in writing within thirty (30) days of the date of service. [CERTIFICATE OF SERVICE IS ON THE FOLLOWING PAGE]CERTIFICATE OF SERVICE | HEREBY CERTIFY that on this 18th 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. By: 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 s/ Katherine Moran PAYDON R. BROEDER Florida Bar No.: 106881 KATHERINE MORAN Florida Bar No.: 1018653DEFINITIONS AND INSTRUCTIONS Please refer to these definitions and instructions in providing your responses. Unless otherwise clearly indicated by the context thereof, the following definitions and instructions shall apply to each of the interrogatories set forth below: Definitions 1. Plaintiff means JAMES R. SMITH. 2. The Insured’s or the insured property is referring to the property located at 7401 W. Highway 98, Port St. Joe, FL 32456. 3. "You" and/or "Your" mean Plaintiff, unless otherwise so stated. 4. “Security First? means Defendant referring to Security First Insurance Company, and any of its employees, agents, attorneys, representatives, or other persons acting on its behalf. 5. “Claim” means the insurance claim at issue in this action. 6. “Communication” means, without limitation, any oral, written, telephonic, radio, video or electronic transmission of information, demands or questions, including but not limited to conversations, meetings, discussions, telephone calls, telegrams, telecopies, telexes, seminars, conferences, writings, letters, messages, notes, or memoranda. 7. “Document” or "Documents" means all "writings and recordings". The definition is intended to include all documents, agreements, correspondence, records, ledgers, contracts, bills, invoices, bills of lading, inventories, financial data, memoranda, notes, or other writings, formal or informal in nature, accounting and financial records, diaries, statements, telegrams, draft, work papers, paper and magnetic tapes, charts, computer cards and print outs, electronically or magnetically stored information or data, minutes, publications, calendars, telephone pads, bulletins, directives, logs and listings, in your actual or constructive possession, custody or control, or of which you have knowledge of the existence, and whether prepared, published or released by you or by any other person or entity. Without limitation on the foregoing, the term "documents" shall include any copy which differs in any respect from the original or other versions of the documents, such as copies containing notations, insertions, corrections, marginal notes or any variations. 8. The term “subject loss’ refers to the alleged damage suffered by the Insured on or about October 10, 2018 and assigned claim number 158805. 9. "Identify" means, when used in reference to:A. An individual, to state his or her (I) full name; (ii) present or last known home and business address, including street name and number, city or town and zip code; (iii) present or last known position, job title and job description; B. A person other than an individual, to state its (|) full name and type of organization or entity; (ii) address or principal place of business; and (iii) jurisdiction and date of incorporation or organization, if known. Cc. An expert witness, to state his or her (i) full name; (ii) present or last known home and business address, including street name and number, city or town and zip code; (iii) present or last known position, job title, and job description; (iv) qualifications as an expert, (v) the subject matter upon which the witness is expected to testify, (vi) the substance of the facts and opinions to which the witness is expected to testify, and (vii) a summary of the grounds for each opinion. D. Documents, to state (I) the name and date of the document, the name and address of the person(s) originating the document, the name and address, if any, of the person(s) to whom the document is addressed, the names and addresses of all persons to whom copies of the documents were to have been sent; and the organization, firm or agency with which any such persons were connected as of the date of the document; and (ii) whether Plaintiff is in possession of or have under their control the original or a copy of the document, and, if not in possession of an original or copy, the name and address of the custodian of each original copy, and the name and address of each person who Plaintiff believes presently is in possession of the original or copy of such document. In lieu of identifying particular documents, when such identification is requested, the document may, at Plaintiffs option, be attached to the response to these interrogatories, bearing an indication to which interrogatory or interrogatories each document relates. E. Conversations, to state the date and place and approximate time of day of the conversation, the identity of all persons in attendance, the subject matter and reasons for the conversation, the statements made by each person, including the context in which they were made and the identity of any writings or recordings which exist relating thereto. F. Acclaim, the name of the claimant, the nature of the claim, the names of all parties to any lawsuit, the court number, if any, the date of the claim, the date upon which Plaintiff's first became aware of the claim, the relief sought, and the present status or final disposition of the claim. G. Any other item or information, to provide a particular description ofthe same. 10. “Loss” means the event and damage alleged as covered under the Plaintiffs policy with Defendant more specifically described in Plaintiff's Complaint. 11. "Notice" shall include formal and informal notification and is not limited to "notice" as that term is used in any policy issued to the Plaintiff. 12. The plural shall include the singular and the singular shall include the plural. 13. Privilege. If you contend that you are entitled to withhold information falling within the purview of this discovery request on the basis of the attorney-client privilege, the work-product doctrine, or any other ground, such information should be identified by providing a description of the following: A. Describe the subject matter of the information in enough detail to determine the validity of the claimed privilege; B. Identify the person(s) who have knowledge or who have transmitted said information; C. State the nature and basis of the privilege or other ground claimed for withholding the information, and D. The date such information was transmitted to or by you.1. DEFENDANT’S FIRST SET OF INTERROGATORIES TO PLAINTIFF Identify the name and address of the person answering these interrogatories and, if applicable, the person’s official position or relationship with the party to whom the interrogatories are directed. ANSWER: Describe in detail all the damages at the Property sustained in relation to this claim. ANSWER: Identify all persons who are believed or known by you, your agents or attorneys to have any knowledge concerning any of the issues raised in this litigation, and specify the subject matter about which the person has knowledge. ANSWER: State with specificity the total amount you claim is owed due in damages due to the alleged breach as outlined in your Complaint, as well as the basis of your contention that said amount is owed to you by Defendant by providing any support to substantiate your claim of damages. ANSWER:Identify whether you have any photographs and/or video of the property damage claimed as a result of the loss alleged in this lawsuit. ANSWER: Identify each expert witness you intend to call at trial. ANSWER: Please state if Defendant has paid you for the repairs associated with the subject claim and dates of same. If not, please state the basis for the non-payment. ANSWER: State each and every attempt, whether successful or not, that has been made to repair/replace the damage the insured property sustained on or about the date of loss referenced in the Complaint. Provide: a detailed description of repairs/replacements; the identity of all individuals/companies involved in the repair/replacement of the damage; what each individual/company did to repair/replace the damage and on what date those actions were taken; the results of what each individual/company did to repair/replace the damage; your relationship to repair person or remediation company; whether any damaged walls, flooring, tiles, and/or other items have been retained for evidence and if so, identify who is in custody of them. mm 9 O @> ANSWER:11. 12. Describe in detail all actions taken by you to comply with the policy’s post-loss obligations including but not limited to the following: Giving prompt notice of the loss; Showing the damaged property; Providing records and documents requested; Attaching all bills, receipts and related documents that justify the figures in the inventory; Submitting a signed, sworn proof of loss; Protecting the property from further damage; and Making reasonable and necessary repairs to the property. ornm GOWP And on what date those actions were taken? ANSWER: If you waited to report the loss to the carrier, advise in detail how long you waited and why you waited. Additionally, advise in detail your actions to repair, mitigate, and protect the property from further damage prior to notifying the carrier of the loss. ANSWER: Describe and identify the inspections, if any, Plaintiff had performed on the subject property before purchase and the names of the entities and individuals who performed them. ANSWER:13. 14. Identify Plaintiff's previous addresses for the last five (5) years. ANSWER: Describe and identify all property owned by Plaintiff and its purpose, including but not limited to the address, property type, and/or amount of time Plaintiff resides there. ANSWER:JURAT AFFIANT STATE OF FLORIDA ) ss. COUNTY OF ) BEFORE ME, the undersigned authority, personally appeared , who is personally known to me, or who produced as identification and, after having been first duly sworn, acknowledged that the aforementioned answers are true and correct to the best of his/her knowledge and belief. WITNESS my hand and official seal in the State and County last aforesaid this ___ day of , 2020. Notary Public, State of Florida Print Name: