Preview
Filing # 140794470 E-Filed 12/21/2021 04:51:44 PM
IN THE CIRCUIT COURT OF THE 14th JUDICIAL CIRCUIT, IN AND FOR
BAY COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO.: 19004523CA
JAMES MCDOUGAL AND GINGER MCDOUGAL,
Plaintiff,
VS.
CERTAIN UNDERWRITERS AT LLOYDS,
LONDON SUBSCRIBING TO CERTIFICATE NUMBER ACA080027600-01,
Defendant.
a /
NOTICE OF TAKING DEPOSITION DUCES TECUM
PLEASE TAKE NOTICE that the undersigned attorneys will take the deposition of:
Field adjuster Wednesday Steno court reporting services
Larry Burch March 30, 2022 Remotely on StenoConnect
01:00pm EST 888-404-0390
Upon oral examination before a court reporter or any other Notary Public or officer authorized by
law to take depositions in the state of Florida. The oral examination will continue from hour to
hour and day to day until completed. The deposition is being taken for the purpose of discovery,
for use at trial, or for such other purposes as are permitted under the Rules of Court. Deponent is
to have with him or her at that time and place all materials listed in the attached Exhibit A.
(Certificate ofService to follow on the next page)
LOMB File #: 12365
Claim #: 18315
Case #: 19004523CA
Page 2 of6 |
CASE NO.: 19004523CA
CERTIFICATE OF SERVICE
I CERTIFY that the foregoing document is being served on December 21, 2021 via an
automatic email generated by the Florida Courts E-Filing Portal to: CHRISTINE M. RENELLA,
Esq., ZELLE LLP, (crenella@zelle.com, jquintana@zelle.com).
INSURANCE LITIGATION GROUP, P.A.
Attormey for Plaintiff
1500 NE 162™ Street
Miami, Florida 33162
Telephone: (786) 529-0090
Facsimile: (866) 239-9520
E-Mail: service@ilgpa.com
By: /s/Jana A. Rauf
JANA A. RAUF, ESQ.
FL Bar No. 79060
ILG File #: 12365Claim #: 18315 Case #: 19004523CA
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CASE NO.: 19004523CA
EXHIBIT A
DUCES TECUM
Items to be Produced at Deposition
You are requested to bring the following documents to your deposition:
1. Your entire file in any way relating to the insurance claim for date of loss of October 10, 2018
(the “Date of Loss”) for property damage caused by water submitted by or on behalf of named
insureds JAMES MCDOUGAL AND GINGER MCDOUGAL (“Insured”) regarding their
property located at 209 7th Street, Mexico Beach, FL 32456, US (the “Insured Property”),
CERTAIN UNDERWRITERS AT LLOYDS, LONDON SUBSCRIBING TO
CERTIFICATE NUMBER ACA080027600-01 claim number 18315 (the “Insured’s
Claim”), including but not limited to all notes, correspondence (written and electronic),
emails, field notes, memoranda, reports, estimates, photographs, videotapes, contracts,
invoices, proposals and all other documents and things whatsoever in the referenced file.
(For use in Exhibit A of this deposition notice, the terms “You” and “Your” refer to the field
adjuster named in this deposition notice, and also to the field adjusting company, or loss
consulting firm, that he/she works for). Also, the terms defined in the preceding paragraph,
including Date of Loss, Insured, Insured Property, and Insured’s Claim shall apply to this entire
list of requested documents comprising Exhibit A.
2. To the extent the Plaintiff named in this lawsuit is a water mitigation company, please produce
Your entire file in any way relating to the invoice submitted by Plaintiff for water removal
services conducted upon the property owned by the Insured located at 209 7th Street, Mexico
Beach, FL 32456, US, for date of loss of October 10, 2018 (‘Plaintiff’s Invoice”), CERTAIN
UNDERWRITERS AT LLOYDS, LONDON SUBSCRIBING TO CERTIFICATE
NUMBER ACA080027600-01 claim number 18315 , including but not limited to allnotes,
correspondence (written and electronic), emails, field notes, memoranda, reports, estimates,
photographs, videotapes, contracts, invoices, proposals and all other documents and things
whatsoever in the referenced file.
3. All correspondence, emails, and all other documents provided by the Insured or its
representatives, to You, Your representatives, and/or the company you work for, in any way
related to the Insured’s Claim and/or Plaintiff's Invoice. (For use in Exhibit A of this
deposition request, the term “and/or” shall be interpreted to mean “‘and”’).
4, All correspondence, emails, and all other documents provided by Plaintiff or its
representatives, to You, Your representatives, and/or the company you work for, in any way
related to the Insured’s Claim and/or Plaintiff’s invoice.
ILG File #: 12365Claim #: 18315 Case #: 19004523CA
Page 4 of6 |
CASE NO.: 19004523CA
5. All correspondence, emails and all other documents provided by Defendant or its
representatives, to You, Your representatives, and/or the company you work for, in any way
related to the Insured’s Claim and/or Plaintiff’s Invoice.
6. All correspondence, emails and all other documents provided by You, Your representatives,
and/or the company you work for, to Defendant or its representatives, in any way related to the
Insured’s Claim and/or Plaintiffs Invoice.
7. All correspondence, emails and allother documents provided by You, Your representatives
and/or the company you work for, to Plaintiff in any way related to the Insured’s claim and/or
Plaintiff's Invoice.
8. All correspondence, emails and all other documents provided by You, Your representatives
and/or the company you work for, to the Insured in any way related to the Insured’s claim
and/or Plaintiffs Invoice.
9. All documents showing when the Insured’s Claim and/or existence of Plaintiffs Invoice was
reported to Defendant.
10. All documents supporting the action taken by Defendant in paying or refusing to pay the
Insured’s Claim and/or Plaintiffs Invoice.
11. All estimates prepared by You, Your representatives, and/or the company work for, in any way
related to the amount claimed by the Insured and/or Plaintiff in this action.
12. All documents Defendant provided to You, Your representatives, and/or to the company you
work for in any way relating to the Insured’s Claim and/or Plaintiff's Invoice.
13. All documents indicating whether the Insured’s Claim and/or Plaintiff's Invoice may be related
to damages involving a prior claim made by the Insured or prior damage sustained by the
Insured.
14. — All documents indicating whether the Insured’s Claim and/or Plaintiff's Invoice may be related
to damages involving a subsequent claim made by the Insured or subsequent damage sustained
by the Insured.
15. All signed sworn proofs of loss submitted by the Insured to Defendant regarding the Loss.
(The term “Loss” means the event at issue in which the Insured suffered property damage, on
the date of loss alleged in paragraphs | and 2 listed above).
16. — All building permits and all other records obtained from the county or other municipality,
applicable to the Insured Property covering a five year span prior to the Date of Loss.
17. All documents evidencing all payments made by Defendant to the Insured and/or for the
Insured’s benefit involving a prior claim made by the Insured or prior damage sustained by an
Insured, involving the Insured Property.
ILG File #: 12365Claim #: 18315 Case #: 19004523CA
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CASE NO.: 19004523CA
18. All documents evidencing all payments made by Defendant to the Insured and/or for the
Insured’s benefit involving a subsequent claim made by the Insured or subsequent damage
sustained by an Insured, involving the Insured Property.
19. —_ All correspondence and documents between Defendant and any third parties (including but not
limited to anyone retained by Defendant such as loss consultants, adjusters, engineers,
plumbers, contractors, roofing contractors, water mitigation companies, or any other
professional or tradesman), excluding Defendant’s attorney, in any way related to (1) the
condition of the Insured Property before the Loss; or (2) the damage to the Insured Property
sustained during the Loss.
20. All documents showing or pertaining to any repairs made to the Insured Property following
the Loss.
21. All documents evidencing all payments made by Defendant to the Insured and/or for the
Insured’s benefit regarding the Insured’s Claim and/or Plaintiffs Invoice.
22. All documents, written and computerized, memorializing the steps taken by You, Your
representatives and/or the company you work for, to adjust, process and otherwise handle the
Insured’s Claim and/or Plaintiffs Invoice.
23. All written or computerized records of all oral communications, whether made in person or by
telephone, between You, Your representatives and/or the company you work for, and any
employee of Defendant, that concern, refer, or relate in any way to the processing, adjusting,
or decision whether to pay, or how much to pay of the Insured’s Claim and/or Plaintiffs
Invoice.
24. All written or computerized records of any investigation or adjustment activities by You, Your
representatives, and/or the company you work for, in any way related to the Insured’s Claim
and/or Plaintiffs Invoice.
25. — All written or computerized communications and written or computerized records of oral
communications, whether in person or by telephone, between any employee of Defendant and
any third parties (including but not limited to anyone retained by Defendant such as loss
consultants, adjusters, engineers, plumbers, contractors, roofing contractors, water mitigation
companies, or any other professional or tradesman), excluding Defendant’s attorney, that
concern, refer, or relate in any way to the decision by any employee or agent of Defendant to
pay, deny, withhold, delay payment or conditionally or partially pay the Insured’s Claim and/or
Plaintiff's Invoice.
26. Allactivity logs, diaries, claim notes or log notes created by You, Your representatives, and/or
the company you work for during the adjustment of the Insured’s Claim and/or Plaintiffs
Invoice.
ILG File #: 12365Claim #: 18315 Case #: 19004523CA
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CASE NO.: 19004523CA
27. All reports prepared by You, Your representatives, and/or the company you work for in any
way related to Defendant’s investigation, evaluation and/or handling of the Insured’s Claim
and/or Plaintiffs Invoice.
28. All damage estimates, reports or memoranda prepared by You, Your representatives, and/or
the company you work for regarding the extent of damage and the reasons for payment, delay
of payment, withholding of payment or denial of payment on the Insured’s Claim and/or
Plaintiff's Invoice.
29. Copies of all photographs, video tapes, estimates, sketches, drawings, filed notes, estimates for
damages, reports created by You, Your representatives, and/or the company You work
regarding the Insured’s Claim and/or Plaintiffs Invoice.
30. All property damage inventories, estimates or reports prepared by You, Your representatives,
and/or the company you work for, concerning valuation of the Loss, or of Plaintiffs Invoice.
31. All documents, statements, notes, measurements, test results and related materials created by
You, Your representatives, and/or the company you work for, in any way relating to the
Insured’s Claim and/or Plaintiff’s Invoice.
To the extent Defendant contends that any of the requests listed above seek documents
protected by privilege, Plaintiff requests that the Deponent prepare and produce prior to the
deposition a privilege log that complies with Fla. R. Civ. P. 1.280(b)(5). Plaintiff also requests
that the documents the Deponent asserts are privileged be brought to the deposition and made
available to the deponent for the sole purpose of refreshing the deponent’s recollection, to allow
competent testimony during the deposition.
ILG File #: 12365Claim #: 18315 Case #: 19004523CA
Preview
Filing # 140794470 E-Filed 12/21/2021 04:51:44 PM IN THE CIRCUIT COURT OF THE 14th JUDICIAL CIRCUIT, IN AND FOR BAY COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO.: 19004523CA JAMES MCDOUGAL AND GINGER MCDOUGAL, Plaintiff, VS. CERTAIN UNDERWRITERS AT LLOYDS, LONDON SUBSCRIBING TO CERTIFICATE NUMBER ACA080027600-01, Defendant. a / NOTICE OF TAKING DEPOSITION DUCES TECUM PLEASE TAKE NOTICE that the undersigned attorneys will take the deposition of: Field adjuster Wednesday Steno court reporting services Larry Burch March 30, 2022 Remotely on StenoConnect 01:00pm EST 888-404-0390 Upon oral examination before a court reporter or any other Notary Public or officer authorized by law to take depositions in the state of Florida. The oral examination will continue from hour to hour and day to day until completed. The deposition is being taken for the purpose of discovery, for use at trial, or for such other purposes as are permitted under the Rules of Court. Deponent is to have with him or her at that time and place all materials listed in the attached Exhibit A. (Certificate ofService to follow on the next page) LOMB File #: 12365 Claim #: 18315 Case #: 19004523CA Page 2 of6 | CASE NO.: 19004523CA CERTIFICATE OF SERVICE I CERTIFY that the foregoing document is being served on December 21, 2021 via an automatic email generated by the Florida Courts E-Filing Portal to: CHRISTINE M. RENELLA, Esq., ZELLE LLP, (crenella@zelle.com, jquintana@zelle.com). INSURANCE LITIGATION GROUP, P.A. Attormey for Plaintiff 1500 NE 162™ Street Miami, Florida 33162 Telephone: (786) 529-0090 Facsimile: (866) 239-9520 E-Mail: service@ilgpa.com By: /s/Jana A. Rauf JANA A. RAUF, ESQ. FL Bar No. 79060 ILG File #: 12365Claim #: 18315 Case #: 19004523CA Page 3 of6 | CASE NO.: 19004523CA EXHIBIT A DUCES TECUM Items to be Produced at Deposition You are requested to bring the following documents to your deposition: 1. Your entire file in any way relating to the insurance claim for date of loss of October 10, 2018 (the “Date of Loss”) for property damage caused by water submitted by or on behalf of named insureds JAMES MCDOUGAL AND GINGER MCDOUGAL (“Insured”) regarding their property located at 209 7th Street, Mexico Beach, FL 32456, US (the “Insured Property”), CERTAIN UNDERWRITERS AT LLOYDS, LONDON SUBSCRIBING TO CERTIFICATE NUMBER ACA080027600-01 claim number 18315 (the “Insured’s Claim”), including but not limited to all notes, correspondence (written and electronic), emails, field notes, memoranda, reports, estimates, photographs, videotapes, contracts, invoices, proposals and all other documents and things whatsoever in the referenced file. (For use in Exhibit A of this deposition notice, the terms “You” and “Your” refer to the field adjuster named in this deposition notice, and also to the field adjusting company, or loss consulting firm, that he/she works for). Also, the terms defined in the preceding paragraph, including Date of Loss, Insured, Insured Property, and Insured’s Claim shall apply to this entire list of requested documents comprising Exhibit A. 2. To the extent the Plaintiff named in this lawsuit is a water mitigation company, please produce Your entire file in any way relating to the invoice submitted by Plaintiff for water removal services conducted upon the property owned by the Insured located at 209 7th Street, Mexico Beach, FL 32456, US, for date of loss of October 10, 2018 (‘Plaintiff’s Invoice”), CERTAIN UNDERWRITERS AT LLOYDS, LONDON SUBSCRIBING TO CERTIFICATE NUMBER ACA080027600-01 claim number 18315 , including but not limited to allnotes, correspondence (written and electronic), emails, field notes, memoranda, reports, estimates, photographs, videotapes, contracts, invoices, proposals and all other documents and things whatsoever in the referenced file. 3. All correspondence, emails, and all other documents provided by the Insured or its representatives, to You, Your representatives, and/or the company you work for, in any way related to the Insured’s Claim and/or Plaintiff's Invoice. (For use in Exhibit A of this deposition request, the term “and/or” shall be interpreted to mean “‘and”’). 4, All correspondence, emails, and all other documents provided by Plaintiff or its representatives, to You, Your representatives, and/or the company you work for, in any way related to the Insured’s Claim and/or Plaintiff’s invoice. ILG File #: 12365Claim #: 18315 Case #: 19004523CA Page 4 of6 | CASE NO.: 19004523CA 5. All correspondence, emails and all other documents provided by Defendant or its representatives, to You, Your representatives, and/or the company you work for, in any way related to the Insured’s Claim and/or Plaintiff’s Invoice. 6. All correspondence, emails and all other documents provided by You, Your representatives, and/or the company you work for, to Defendant or its representatives, in any way related to the Insured’s Claim and/or Plaintiffs Invoice. 7. All correspondence, emails and allother documents provided by You, Your representatives and/or the company you work for, to Plaintiff in any way related to the Insured’s claim and/or Plaintiff's Invoice. 8. All correspondence, emails and all other documents provided by You, Your representatives and/or the company you work for, to the Insured in any way related to the Insured’s claim and/or Plaintiffs Invoice. 9. All documents showing when the Insured’s Claim and/or existence of Plaintiffs Invoice was reported to Defendant. 10. All documents supporting the action taken by Defendant in paying or refusing to pay the Insured’s Claim and/or Plaintiffs Invoice. 11. All estimates prepared by You, Your representatives, and/or the company work for, in any way related to the amount claimed by the Insured and/or Plaintiff in this action. 12. All documents Defendant provided to You, Your representatives, and/or to the company you work for in any way relating to the Insured’s Claim and/or Plaintiff's Invoice. 13. All documents indicating whether the Insured’s Claim and/or Plaintiff's Invoice may be related to damages involving a prior claim made by the Insured or prior damage sustained by the Insured. 14. — All documents indicating whether the Insured’s Claim and/or Plaintiff's Invoice may be related to damages involving a subsequent claim made by the Insured or subsequent damage sustained by the Insured. 15. All signed sworn proofs of loss submitted by the Insured to Defendant regarding the Loss. (The term “Loss” means the event at issue in which the Insured suffered property damage, on the date of loss alleged in paragraphs | and 2 listed above). 16. — All building permits and all other records obtained from the county or other municipality, applicable to the Insured Property covering a five year span prior to the Date of Loss. 17. All documents evidencing all payments made by Defendant to the Insured and/or for the Insured’s benefit involving a prior claim made by the Insured or prior damage sustained by an Insured, involving the Insured Property. ILG File #: 12365Claim #: 18315 Case #: 19004523CA Page 5 of6 | CASE NO.: 19004523CA 18. All documents evidencing all payments made by Defendant to the Insured and/or for the Insured’s benefit involving a subsequent claim made by the Insured or subsequent damage sustained by an Insured, involving the Insured Property. 19. —_ All correspondence and documents between Defendant and any third parties (including but not limited to anyone retained by Defendant such as loss consultants, adjusters, engineers, plumbers, contractors, roofing contractors, water mitigation companies, or any other professional or tradesman), excluding Defendant’s attorney, in any way related to (1) the condition of the Insured Property before the Loss; or (2) the damage to the Insured Property sustained during the Loss. 20. All documents showing or pertaining to any repairs made to the Insured Property following the Loss. 21. All documents evidencing all payments made by Defendant to the Insured and/or for the Insured’s benefit regarding the Insured’s Claim and/or Plaintiffs Invoice. 22. All documents, written and computerized, memorializing the steps taken by You, Your representatives and/or the company you work for, to adjust, process and otherwise handle the Insured’s Claim and/or Plaintiffs Invoice. 23. All written or computerized records of all oral communications, whether made in person or by telephone, between You, Your representatives and/or the company you work for, and any employee of Defendant, that concern, refer, or relate in any way to the processing, adjusting, or decision whether to pay, or how much to pay of the Insured’s Claim and/or Plaintiffs Invoice. 24. All written or computerized records of any investigation or adjustment activities by You, Your representatives, and/or the company you work for, in any way related to the Insured’s Claim and/or Plaintiffs Invoice. 25. — All written or computerized communications and written or computerized records of oral communications, whether in person or by telephone, between any employee of Defendant and any third parties (including but not limited to anyone retained by Defendant such as loss consultants, adjusters, engineers, plumbers, contractors, roofing contractors, water mitigation companies, or any other professional or tradesman), excluding Defendant’s attorney, that concern, refer, or relate in any way to the decision by any employee or agent of Defendant to pay, deny, withhold, delay payment or conditionally or partially pay the Insured’s Claim and/or Plaintiff's Invoice. 26. Allactivity logs, diaries, claim notes or log notes created by You, Your representatives, and/or the company you work for during the adjustment of the Insured’s Claim and/or Plaintiffs Invoice. ILG File #: 12365Claim #: 18315 Case #: 19004523CA Page 6 of6 | CASE NO.: 19004523CA 27. All reports prepared by You, Your representatives, and/or the company you work for in any way related to Defendant’s investigation, evaluation and/or handling of the Insured’s Claim and/or Plaintiffs Invoice. 28. All damage estimates, reports or memoranda prepared by You, Your representatives, and/or the company you work for regarding the extent of damage and the reasons for payment, delay of payment, withholding of payment or denial of payment on the Insured’s Claim and/or Plaintiff's Invoice. 29. Copies of all photographs, video tapes, estimates, sketches, drawings, filed notes, estimates for damages, reports created by You, Your representatives, and/or the company You work regarding the Insured’s Claim and/or Plaintiffs Invoice. 30. All property damage inventories, estimates or reports prepared by You, Your representatives, and/or the company you work for, concerning valuation of the Loss, or of Plaintiffs Invoice. 31. All documents, statements, notes, measurements, test results and related materials created by You, Your representatives, and/or the company you work for, in any way relating to the Insured’s Claim and/or Plaintiff’s Invoice. To the extent Defendant contends that any of the requests listed above seek documents protected by privilege, Plaintiff requests that the Deponent prepare and produce prior to the deposition a privilege log that complies with Fla. R. Civ. P. 1.280(b)(5). Plaintiff also requests that the documents the Deponent asserts are privileged be brought to the deposition and made available to the deponent for the sole purpose of refreshing the deponent’s recollection, to allow competent testimony during the deposition. ILG File #: 12365Claim #: 18315 Case #: 19004523CA