Preview
Filing # 119185548 E-Filed 01/06/2021 06:07:11 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,
Plaintiffs,
v.
CERTAIN UNDERWRITERS AT LLOYDS, LONDON
SUBSCRIBING TO CERTIFICATE NUMBER ACA080027600-01,
Defendant.
/
MOTION TO COMPEL PRODUCTION OF DOCUMENTS
IN RESPONSE TO PLAINTIFFS’ FIRST REQUEST FOR PRODUCTION
Plaintiffs, JAMES MCDOUGAL and GINGER MCDOUGAL, by and_ through
undersigned counsel and pursuant to Rule 1.380, Fla. R. Civ. P., serves this Motion to Compel
Production of Documents in Response to Plaintiffs’ First Request for Production, and state:
1. Plaintiffs served CERTAIN UNDERWRITERS AT LLOYDS, LONDON
SUBSCRIBING TO CERTIFICATE NUMBER ACA080027600-01 with initial discovery
requests on December 19, 2019.
2. On February 27, 2020, Defendant submitted its response to Plaintiffs’ First Request
for Production. See Defendant’s Response to Plaintiffs’ First Request for Production, attached as
Exhibit “A”.
3. Despite already providing the additional time to Defendant to provide documents.
Defendant has not yet produced documents in response to Plaintiffs’ First Request for Production.
4. Plaintiffs require Defendant’s discovery responses to prepare for depositions and
trial,and will suffer prejudice should Plaintiffs not receive them.
5. Plaintiffs, in good faith, has conferred or attempted to confer with Defendant’s
counsel, in an attempt to resolve this motion without hearing, to no avail.
CASE NO.: 19004523CA
WHEREFORE, Plaintiffs request that this Court enter an order compelling Defendant to
provide documents in Response to Plaintiffs’ Request for Production within ten (10) days, and for
such other relief this Court deems just and proper.
CERTIFICATE OF SERVICE
I CERTIFY that the foregoing document is being served on January 06, 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.
Attorey for Plaintiffs
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 #: 12365
Claim #: 18315
Case #: 19004523CA
CASE NO.: 19004523CA
EXHIBIT “A”
ILG File #: 12365
Claim #: 18315
Case #: 19004523CA
Filing # 104036178 E-Filed 02/27/2020 03:51:01 PM
IN THE CIRCUIT COURT OF THE
14™ JUDICIAL CIRCUIT IN AND
FOR BAY COUNTY, FLORIDA
JAMES MCDOUGAL AND GINGER
MCDOUGAL,
Plaintiff, CASE NO.: 19004523CA
-V-
CERTAIN UNDERWRITERS AT LLOYD’S
LONDON SUBSCRIBING TO POLICY
NUMBER ACA080027600-01,
Defendant.
DEFENDANT CERTAIN UNDERWRITERS AT LLOYDS LONDON’S
RESPONSES TO PLAINTIFFS’ FIRST REQUEST FOR PRODUCTION
Defendant Certain Underwriters at Lloyd’s, London, (the “Underwriters”’), by and through
undersigned counsel, and pursuant to Fla. R. Civ. P. 1.350, hereby responds to Plaintiffs, James
McDougal and Ginger McDougal’s (“Plaintiffs”) First Request for Production to Defendant.
GENERAL RESPONSES, OBJECTIONS AND LIMITATIONS
1. Defendant makes the following general objections to Plaintiffs’ First Request for
Production. All of these general objections are applicable to each response given below and are
incorporated herein. To the extent that a response or information is supplied by Defendant in
response to a request, said response or information is provided subject to and without waiver of
these general objections as well as the specific objections raised in the response.
2. Defendant’s investigation and development of all facts and circumstances relating
to this lawsuit is ongoing. Consequently, these responses and objections are made without
prejudice to, and are not a waiver of, Defendant’s right to rely on other facts or documents at trial.
ZELLE LLP
Sun Trust International Center, One Southeast Third Avenue, Suite 1600 Miami, Florida 33131
Telephone 786-693-2350 — Facsimile 612-336-9100
CASE NO.:19004523CA
3. By making the responses and objections set forth herein, Defendant does not waive,
and hereby expressly reserves, its right to assert any and all objections as to the admissibility of
such responses into evidence in this action, or in any other proceedings, on any and all grounds
including, but not limited to, relevancy, materiality, and privilege. Further, Defendant makes the
responses and objections herein without in any way implying that Defendant considers the requests
or responses thereto to be relevant or material to the subject matter of this action.
4. Defendant objects to each and every request to the extent that a request or
instruction seeks to impose upon Defendant greater or broader obligations than those imposed by
the Florida Rules of Civil Procedure, the Local Rules of the Court, or applicable substantive law,
Defendant shall respond in conformity with such applicable procedural or substantive law,
notwithstanding the obligations purportedly imposed by the request or instruction.
5. Defendant submits these responses without conceding the relevancy or materiality
of the subject matter of any request or of any document, and without prejudice to all objections to
the use or further production or admissibility of any document.
6. Defendant objects to those requests that seek information neither relevant to this
action, nor reasonably calculated to lead to the discovery of admissible evidence.
7. Defendant objects to those requests that seek information exempt from discovery
by virtue of its inclusion in any of the following categories:
a. Information that embodies or discloses confidential communications
between Defendant and its counsel;
b. Information that represents the work product of attorneys for Defendant in
this or related actions or which otherwise reflect the mental impressions,
ZELLE LLP
Sun Trust International Center, One Southeast Third Avenue, Suite 1600 Miami, Florida 33131
Telephone 786-693-2350 — Facsimile 612-336-9100
Page 2 of 21
CASE NO.:19004523CA
conclusions, opinions or legal theories of those attorney or their agents;
and
c. Information that has been compiled in anticipation of litigation or for trial
by or on behalf of Defendant or its counsel.
8. Defendant asserts each and every one of the foregoing privileges and protections
applicable to the information or documents sought to the fullest extent provided by law. Although
care has been and continues to be made to exclude such items from production, Defendant does
not waive such protection with respect to any privileged or work product information or documents
that are inadvertently produced.
9. Defendant objects to each and every request to the extent that it seeks documents
or information not within Defendant’s possession, custody or control. Defendant will produce
responsive documents only to the extent that such documents are in the possession, custody, or
control of Defendant, pursuant to Florida Rule of Civil Procedure.
10. Defendant objects to each and every request to the extent that is seeks information
or documents which are within the knowledge or possession of Plaintiffs and/or Plaintiffs’
representatives.
11. Defendant objects to each and every request to the extent that it is vague,
ambiguous, overly broad, vexatious and/or intended solely for purposes of harassment and requires
an unduly burdensome search of Defendant’s records, or expensive to respond to in light of the
information’s likely benefit, taking into account the needs of the case, the parties’ resources, the
importance of the issues at stake in the litigation, and the importance of the proposed discovery in
resolving the issues. Defendant objects to each and every request to the extent that itfails to
identify the information sought with reasonable particularity.
ZELLE LLP
Sun Trust International Center, One Southeast Third Avenue, Suite 1600 Miami, Florida 33131
Telephone 786-693-2350 — Facsimile 612-336-9100
Page 3 of 21
CASE NO.:19004523CA
12. Defendant objects to each and every request to the extent that it seeks documents
or information covering persons or business entities not parties to this action and would violate the
confidentiality and privacy of individuals not parties to this lawsuit.
13. Defendant expressly reserves the right to supplement, clarify, revise, correct or
amend any and/or all parts of the responses and objections provided herein, assert additional
objections or privileges, in one or more subsequent supplemental response(s) should it discover
any additional responsive or non-objectionable documents.
14. These General Objections shall be deemed to be continuing throughout the specific
responses and objections that follow, even when not further referred to in said responses.
15. Defendant objects to the production of documents at a location other than the
undersigned counsel’s office or any other location upon which the parties may mutually agree.
16. | Defendant objects to the scope of each and every request to the extent that Plaintiff
has failed to limit the time frame within which Plaintiff is seeking responsive documents.
Defendant objects to the scope of each and every request to the extent that itpurports to seek
information for a period of time in excess of the relevant time period encompassed by the subject
matter and issues in this litigation.
17. Defendant objects to each and every request to the extent it is unreasonably
cumulative and/or duplicative.
18. Defendant objects to each and every request to the extent it seeks information or
documents that are obtainable from other sources that are more convenient, less burdensome, or
less expensive.
ZELLE LLP
Sun Trust International Center, One Southeast Third Avenue, Suite 1600 Miami, Florida 33131
Telephone 786-693-2350 — Facsimile 612-336-9100
Page 4 of 21
CASE NO.:19004523CA
19. Defendant objects to each and every request to the extent that it seeks documents
or information constituting confidential, commercial, financial, or proprietary information of a
third party, or the joint proprietary or confidential information of Underwriters anda third party.
20. A statement that Defendant will produce responsive documents means that, subject
to the general objections set forth herein, Defendant will produce responsive, non-privileged
documents to the extent such documents exist within Defendant’s possession, custody, and control
at a time mutually convenient for both parties. However, by producing documents responsive to
Plaintiffs’ request for production, Defendant does not waive any of the foregoing or specific
objections set forth below; nor does Defendant waive in any respect objections Defendant may
have to the use of such materials at trial or otherwise, or objections Defendant may have in future
with regard to further inquiry into the subject matter of the Request for Production. Similarly,
Defendant’s responses to the Request for Production should not be construed or used in any fashion
so as to reflect any form of agreement with Plaintiffs’ positions in this action.
21. Defendant objects to Plaintiffs’ request for production to the extent that Plaintiff
has failed to provide any definitions with its request.
22. Defendant objects to Plaintiffs’ request for production to the extent that Plaintiff
has failed to provide any instructions with its request.
INDIVIDUAL RESPONSES
1. A certified and complete copy of the Policy that Defendant issued to the Insured
that was in effect on or about October 10, 2018.
RESPONSE: Underwriters states that it issued Policy No. ACA080027600-01 to
Plaintiff James McDougal for the period of June 16, 2018 to June 16, 2019, covering
property located at 209 7 Street, Mexico Beach, FL 32456 (the “Policy), a copy of
which is being produced in response to this Request.
ZELLE LLP
Sun Trust International Center, One Southeast Third Avenue, Suite 1600 Miami, Florida 33131
Telephone 786-693-2350 — Facsimile 612-336-9100
Page 5 of 21
CASE NO.:19004523CA
2. All documents reflecting Defendant’s inspection(s) of the Insured Property after
October 10, 2018.
RESPONSE: Underwriters objects to this Request, including the undefined term
“inspection(s),” on the grounds that it is vague and overly broad. Underwriters
further objects to this Request to the extent that it attempts to elicit protected
documents or information subject to the attorney-client privilege; the attorney work
product doctrine; the joint-defense privilege; containing the impressions, conclusions,
legal research or theories of attorneys of Underwriters; or prepared in anticipation
of litigation.
Subject to, and without waiving the foregoing objections, Underwriters refers
Plaintiffs to the responsive, non-privileged documents from its claim file that will be
produced in response to Plaintiffs’ Request for Production at a time and place
agreed upon by the parties.
3. All documents reflecting Defendant’s inspection(s) of the Insured Property before
October 10, 2018, covering the preceding five (5) years.
RESPONSE: Underwriters objects to this Request, including the undefined term
“inspection(s),” on the grounds that it is vague, overly broad, irrelevant, unduly
burdensome, intended solely for purposes of harassment, not properly limited in
scope, and not reasonably calculated to lead to the discovery of admissible evidence.
Underwriters further objects to this Request insofar as it is outside the scope of
permissible discovery.
4. All documents reflecting Defendant’s inspection(s) of the Insured Property during
the Defendant’s underwriting of the Insured’s Policy.
RESPONSE: Underwriters objects to this request, including the undefined term
“inspection(s),” on the grounds that it is vague, overly broad, irrelevant, unduly
burdensome, intended solely for purposes of harassment, not properly limited in
scope, and not reasonably calculated to lead to the discovery of admissible evidence.
Underwriters further objects to this Request insofar as it is outside the scope of
permissible discovery pursuant to Florida or Local Rules.
5. All documents reflecting Defendant’s inspection(s) of the Insured Property during
Defendant’s underwriting of all insurance policies Defendant issued to the Insured for the Insured
Property prior to October 10, 2018.
RESPONSE: Underwriters objects to this Request, including the undefined term
“inspection(s),” on the grounds that it is vague, overly broad, irrelevant, unduly
burdensome, intended solely for purposes of harassment, not properly limited in
scope, and not reasonably calculated to lead to the discovery of admissible evidence.
Underwriters further objects to this Request insofar as it is outside the scope of
permissible discovery pursuant to Florida or Local Rules.
ZELLE LLP
Sun Trust International Center, One Southeast Third Avenue, Suite 1600 Miami, Florida 33131
Telephone 786-693-2350 — Facsimile 612-336-9100
Page 6 of 21
CASE NO.:19004523CA
6. All photographs and/or videos submitted by Plaintiff to Defendant in any way
related to the Loss.
RESPONSE: Underwriters objects to this Request on the grounds that it is vague,
ambiguous, and overly broad. Underwriters further objects to this Request insofar
as it calls for documents and information which are within the knowledge and
possession of Plaintiffs and/or their representatives. Underwriters also objects to this
Request insofar as it is outside the scope of permissible discovery pursuant to Florida
or Local Rules.
Subject to, and without waiving the foregoing objections, Underwriters refers
Plaintiff to the responsive, non-privileged documents from its claim file that will be
produced in response to Plaintiffs Requests for Production at a time and place
agreed upon by the parties.
7. All photographs and/or videos submitted by Defendant to plaintiff in any way
related to the Loss.
RESPONSE: Underwriters objects to this Request on the grounds that it is vague,
ambiguous, and overly broad. Underwriters further objects to this Request insofar
as it calls for documents and information which are within the knowledge and
possession of Plaintiffs and/or their representatives. Underwriters also objects to this
Request insofar as it is outside the scope of permissible discovery pursuant to Florida
or Local Rules.
Subject to, and without waiving the foregoing objections, Underwriters refers
Plaintiffs to the responsive, non-privileged documents from its claim file that will be
produced in response to Plaintiffs Requests for Production at a time and place
agreed upon by the parties.
8. All photographs and/or videos taken by Defendant in any way related to the Loss.
RESPONSE: Underwriters objects to this Request on the grounds that it is vague,
ambiguous, overly broad, intended solely for purposes of harassment, and not
properly limited in scope. Underwriters also objects to this Request insofar as it
is outside the scope of permissible discovery pursuant to Florida or Local Rules.
Subject to, and without waiving the foregoing objections, Underwriters refers
Plaintiffs to the responsive, non-privileged documents from its claim file that will be
produced in response to Plaintiffs Requests for Production at a time and place
agreed upon by the parties.
ZELLE LLP
Sun Trust International Center, One Southeast Third Avenue, Suite 1600 Miami, Florida 33131
Telephone 786-693-2350 — Facsimile 612-336-9100
Page 7 of 21
CASE NO.:19004523CA
9. All correspondence, emails and all other documents provided by Plaintiff to
Defendant in any way related to the Loss.
RESPONSE: Underwriters objects to this Request on the grounds that it is vague,
ambiguous, overly broad, intended solely for purposes of harassment, and not
properly limited in scope. Underwriters further objects to this Request insofar as it
calls for documents and information which are within the knowledge and possession
of Plaintiffs and/or their representatives. Underwriters also objects to this Request
insofar as it is outside the scope of permissible discovery pursuant to Florida or Local
Rules.
Subject to, and without waiving the foregoing objections, Underwriters refers
Plaintiffs to the responsive, non-privileged documents from its claim file that will be
produced in response to Plaintiffs Requests for Production at a time and place
agreed upon by the parties.
10. _—_—All correspondence, emails and all other documents provided by Defendant to
Plaintiff in any way related to the Loss.
RESPONSE: Underwriters objects to this Request on the grounds that it is vague,
ambiguous, overly broad, intended solely for purposes of harassment, and not
properly limited in scope. Underwriters further objects to this Request insofar as it
calls for documents and information which are within the knowledge and possession
of Plaintiffs and/or their representatives. Underwriters also objects to this Request
insofar as it is outside the scope of permissible discovery pursuant to Florida or Local
Rules.
Subject to, and without waiving the foregoing objections, Underwriters refers
Plaintiffs to the responsive, non-privileged documents from its claim file that will be
produced in response to Plaintiffs Requests for Production at a time and place
agreed upon by the parties.
11. — All documents reflecting Defendant’s efforts to investigate the Loss.
RESPONSE: Underwriters objects to this Request, including the undefined term
“efforts,” and “investigate” on the grounds that it is vague and ambiguous.
Underwriters further objects to this Request to the extent that it attempts to elicit
protected documents or information subject to the attorney-client privilege; the
attorney work product doctrine; the joint-defense privilege; containing the
impressions, conclusions, legal research or theories of attorneys of Underwriters; or
prepared in anticipation of litigation.
ZELLE LLP
Sun Trust International Center, One Southeast Third Avenue, Suite 1600 Miami, Florida 33131
Telephone 786-693-2350 — Facsimile 612-336-9100
Page 8 of 21
CASE NO.:19004523CA
Subject to, and without waiving the foregoing objections, Underwriters refers
Plaintiffs to the responsive, non-privileged documents from its claim file that will be
produced in response to Plaintiffs Requests for Production at a time and place agreed
upon by the parties.
12. All documents documenting or supporting Defendant’s affirmative defenses, or that
Defendant anticipates will support Defendant’s reasons for denying or failing to pay the full
amount of Plaintiffs Loss.
RESPONSE: Underwriters objects to this Request on the grounds that it is vague,
improper, ambiguous, intended solely for purposes of harassment, and calls for a
legal conclusion. Underwriters further objects to this Request to the extent that it
attempts to elicit protected documents or information subject to the attorney-client
privilege; the attorney work product doctrine; the joint-defense privilege; containing
the impressions, conclusions, legal research or theories of attorneys of Underwriters;
or prepared in anticipation of litigation.
Subject to, and without waiving the foregoing objections, Underwriters refers
Plaintiffs to the responsive, non-privileged documents from its claim file that will be
produced in response to Plaintiffs Requests for Production, including but not limited
to Underwriter’s payment position letters issued to the Insured at a time and place
agreed upon by the parties.
13. All documents, including but not limited to estimates, reports, testing, photographs
and/or videos created by Defendant, Defendant’s adjusters, Defendant’s loss consultants, or by
any expert retained by Defendant, including but not limited to plumbers, engineers, and/or
contractors in any way related to the Loss.
RESPONSE: Underwriters objects to this Request on the grounds that it is overly
broad and not properly limited in scope. Underwriters further objects to this Request
to the extent that it attempts to elicit protected documents or information subject to
the attorney-client privilege; the attorney work product doctrine; the joint-defense
privilege; containing the impressions, conclusions, legal research or theories of
attorneys of Underwriters; or prepared in anticipation of litigation. Underwriters
also objects to this Request insofar as it is outside the scope of permissible discovery
pursuant to Florida or Local Rules.
Subject to, and without waiving the foregoing objections, Underwriters refers
Plaintiffs to the responsive, non-privileged documents from its claim file that will be
produced in response to Plaintiffs Requests for Production at a time and place agreed
upon by the parties. Please note that, with regard to Plaintiff’s request for expert
information, Underwriters will produce their expert disclosures in accordance to the
Florida Rules of Civil Procedure.
ZELLE LLP
Sun Trust International Center, One Southeast Third Avenue, Suite 1600 Miami, Florida 33131
Telephone 786-693-2350 — Facsimile 612-336-9100
Page 9 of 21
CASE NO.:19004523CA
14. All documents identified in Defendant’s Answer to Plaintiff's First Set of
Interrogatories.
RESPONSE: Underwriters refers Plaintiff to the responsive, non-privileged
documents from its claim file that will be produced in response to Plaintiffs Requests
for Production at a time and place agreed upon by the parties.
15. Acurrent curriculum vitae and all biographical information for all person(s) who
inspected the Insured Property for or on behalf of Defendant following the Loss.
RESPONSE: Underwriters objects to this Request on the grounds that it is vague,
ambiguous, overly broad, unduly burdensome, intended solely for purposes of
harassment, not properly limited in scope, and not reasonably calculated to lead to
the discovery of admissible evidence.
Subject to, and without waiving the foregoing, objections, Underwriters will make its
expert disclosures in accordance to the Florida Rules of Civil Procedure.
16. All documents in any way related to the damage caused to the Insured Property
from the alleged Loss.
RESPONSE: Underwriters objects to this Request on the grounds that it is vague,
ambiguous, overly broad, unduly burdensome, intended solely for purposes of
harassment, not properly limited in scope, and not reasonably calculated to lead to
the discovery of admissible evidence. Underwriters further objects to this Request to
the extent that it attempts to elicit protected documents or information subject to the
attorney-client privilege; the attorney work product doctrine; the joint-defense
privilege; containing the impressions, conclusions, legal research or theories of
attorneys of Underwriters; or prepared in anticipation of litigation.
Subject to, and without waiving the foregoing objections, Underwriters refers
Plaintiffs to the responsive, non-privileged documents from its claim file that will be
produced in response to Plaintiffs requests for Production at a time and place agreed
upon by the parties.
17. All documents related to the Insured Property that support how Defendant
determined whether to pay Plaintiff’s Claim, and/or how much of Plaintiff's Claim to pay.
RESPONSE: Underwriters objects to this Request on the grounds that it is vague,
ambiguous, and overly broad. Underwriters further objects to this Request to the
extent that it attempts to elicit protected documents or information subject to the
attorney-client privilege; the attorney work product doctrine; the joint-defense
privilege; containing the impressions, conclusions, legal research or theories of
attorneys of Underwriters; or prepared in anticipation of litigation.
ZELLE LLP
Sun Trust International Center, One Southeast Third Avenue, Suite 1600 Miami, Florida 33131
Telephone 786-693-2350 — Facsimile 612-336-9100
Page 10 of 21
CASE NO.:19004523CA
Subject to, and without waiving the foregoing objections, Underwriters refers
Plaintiffs to the responsive, non-privileged documents from its claim file that will be
produced in response to Plaintiffs Requests for Production at a time and place agreed
upon by the parties.
18. All documents reflecting the relationship between Defendant and the adjuster (or
any other person or entity) that assisted Defendant in investigating, adjusting, and/or evaluating
Plaintiff's Claim.
RESPONSE: Underwriters objects to this Request, including the undefined terms
“relationship,” and “adjuster” on the grounds that it is vague, ambiguous, overly
broad, intended solely for purposes of harassment, not properly limited in scope, and
not reasonably calculated to lead to the discovery of admissible evidence.
Underwriters also objects to this Request insofar as it is outside the scope of
permissible discovery pursuant to Florida or Local Rules.
19. All documents that support any denials by Defendant of Plaintiffs First Request
for Admissions.
RESPONSE: Underwriters refers Plaintiffs to the responsive, non-privileged
documents from its claim file that will be produced in response to Plaintiffs Requests
for Production at a time and place agreed upon by the parties.
20. All reports relating to the damage to the Insured Property sustained during or as a
result of the Loss.
RESPONSE: Underwriters objects to this Request, including the undefined term
“reports,” on the grounds that it is duplicative, vague, ambiguous, overly broad, and
not properly limited in scope. Underwriters further objects to this Request insofar as
it calls for documents and information which are within the knowledge and possession
of Plaintiffs and/or their representatives.
Subject to, and without waiving the foregoing objections, Underwriters refers
Plaintiffs to the responsive, non-privileged documents from its claim file that will be
produced in response to Plaintiffs requests for Production at a time and place agreed
upon by the parties.
21. All reports relating to the condition of the Insured Property before the Loss.
RESPONSE: Underwriters objects to this Request, including the undefined term
“reports,” on the grounds that it is duplicative, vague, ambiguous, overly broad, not
properly limited in scope, and not reasonably calculated to lead to the discovery of
admissible evidence. Underwriters further objects to this Request insofar as itcalls
ZELLE LLP
Sun Trust International Center, One Southeast Third Avenue, Suite 1600 Miami, Florida 33131
Telephone 786-693-2350 — Facsimile 612-336-9100
Page 11 of 21
CASE NO.:19004523CA
for documents and information which are within the knowledge and possession of
Plaintiffs and/or their representatives.
22. All reports relating to the condition of the Insured Property after the Loss.
RESPONSE: Underwriters objects to this Request, including the undefined term
“reports,” on the grounds that it is duplicative, vague, ambiguous, overly broad, and
not properly limited in scope. Underwriters further objects to this Request to the
extent that it attempts to elicit protected documents or information subject to the
attorney-client privilege; the attorney work product doctrine; the joint-defense
privilege; containing the impressions, conclusions, legal research or theories of
attorneys of Underwriters; or prepared in anticipation of litigation. Underwriters
also objects to this Request insofar as itcalls for documents and information which
are within the knowledge and possession of Plaintiffs and/or
Preview
Filing # 119185548 E-Filed 01/06/2021 06:07:11 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, Plaintiffs, v. CERTAIN UNDERWRITERS AT LLOYDS, LONDON SUBSCRIBING TO CERTIFICATE NUMBER ACA080027600-01, Defendant. / MOTION TO COMPEL PRODUCTION OF DOCUMENTS IN RESPONSE TO PLAINTIFFS’ FIRST REQUEST FOR PRODUCTION Plaintiffs, JAMES MCDOUGAL and GINGER MCDOUGAL, by and_ through undersigned counsel and pursuant to Rule 1.380, Fla. R. Civ. P., serves this Motion to Compel Production of Documents in Response to Plaintiffs’ First Request for Production, and state: 1. Plaintiffs served CERTAIN UNDERWRITERS AT LLOYDS, LONDON SUBSCRIBING TO CERTIFICATE NUMBER ACA080027600-01 with initial discovery requests on December 19, 2019. 2. On February 27, 2020, Defendant submitted its response to Plaintiffs’ First Request for Production. See Defendant’s Response to Plaintiffs’ First Request for Production, attached as Exhibit “A”. 3. Despite already providing the additional time to Defendant to provide documents. Defendant has not yet produced documents in response to Plaintiffs’ First Request for Production. 4. Plaintiffs require Defendant’s discovery responses to prepare for depositions and trial,and will suffer prejudice should Plaintiffs not receive them. 5. Plaintiffs, in good faith, has conferred or attempted to confer with Defendant’s counsel, in an attempt to resolve this motion without hearing, to no avail. CASE NO.: 19004523CA WHEREFORE, Plaintiffs request that this Court enter an order compelling Defendant to provide documents in Response to Plaintiffs’ Request for Production within ten (10) days, and for such other relief this Court deems just and proper. CERTIFICATE OF SERVICE I CERTIFY that the foregoing document is being served on January 06, 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. Attorey for Plaintiffs 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 #: 12365 Claim #: 18315 Case #: 19004523CA CASE NO.: 19004523CA EXHIBIT “A” ILG File #: 12365 Claim #: 18315 Case #: 19004523CA Filing # 104036178 E-Filed 02/27/2020 03:51:01 PM IN THE CIRCUIT COURT OF THE 14™ JUDICIAL CIRCUIT IN AND FOR BAY COUNTY, FLORIDA JAMES MCDOUGAL AND GINGER MCDOUGAL, Plaintiff, CASE NO.: 19004523CA -V- CERTAIN UNDERWRITERS AT LLOYD’S LONDON SUBSCRIBING TO POLICY NUMBER ACA080027600-01, Defendant. DEFENDANT CERTAIN UNDERWRITERS AT LLOYDS LONDON’S RESPONSES TO PLAINTIFFS’ FIRST REQUEST FOR PRODUCTION Defendant Certain Underwriters at Lloyd’s, London, (the “Underwriters”’), by and through undersigned counsel, and pursuant to Fla. R. Civ. P. 1.350, hereby responds to Plaintiffs, James McDougal and Ginger McDougal’s (“Plaintiffs”) First Request for Production to Defendant. GENERAL RESPONSES, OBJECTIONS AND LIMITATIONS 1. Defendant makes the following general objections to Plaintiffs’ First Request for Production. All of these general objections are applicable to each response given below and are incorporated herein. To the extent that a response or information is supplied by Defendant in response to a request, said response or information is provided subject to and without waiver of these general objections as well as the specific objections raised in the response. 2. Defendant’s investigation and development of all facts and circumstances relating to this lawsuit is ongoing. Consequently, these responses and objections are made without prejudice to, and are not a waiver of, Defendant’s right to rely on other facts or documents at trial. ZELLE LLP Sun Trust International Center, One Southeast Third Avenue, Suite 1600 Miami, Florida 33131 Telephone 786-693-2350 — Facsimile 612-336-9100 CASE NO.:19004523CA 3. By making the responses and objections set forth herein, Defendant does not waive, and hereby expressly reserves, its right to assert any and all objections as to the admissibility of such responses into evidence in this action, or in any other proceedings, on any and all grounds including, but not limited to, relevancy, materiality, and privilege. Further, Defendant makes the responses and objections herein without in any way implying that Defendant considers the requests or responses thereto to be relevant or material to the subject matter of this action. 4. Defendant objects to each and every request to the extent that a request or instruction seeks to impose upon Defendant greater or broader obligations than those imposed by the Florida Rules of Civil Procedure, the Local Rules of the Court, or applicable substantive law, Defendant shall respond in conformity with such applicable procedural or substantive law, notwithstanding the obligations purportedly imposed by the request or instruction. 5. Defendant submits these responses without conceding the relevancy or materiality of the subject matter of any request or of any document, and without prejudice to all objections to the use or further production or admissibility of any document. 6. Defendant objects to those requests that seek information neither relevant to this action, nor reasonably calculated to lead to the discovery of admissible evidence. 7. Defendant objects to those requests that seek information exempt from discovery by virtue of its inclusion in any of the following categories: a. Information that embodies or discloses confidential communications between Defendant and its counsel; b. Information that represents the work product of attorneys for Defendant in this or related actions or which otherwise reflect the mental impressions, ZELLE LLP Sun Trust International Center, One Southeast Third Avenue, Suite 1600 Miami, Florida 33131 Telephone 786-693-2350 — Facsimile 612-336-9100 Page 2 of 21 CASE NO.:19004523CA conclusions, opinions or legal theories of those attorney or their agents; and c. Information that has been compiled in anticipation of litigation or for trial by or on behalf of Defendant or its counsel. 8. Defendant asserts each and every one of the foregoing privileges and protections applicable to the information or documents sought to the fullest extent provided by law. Although care has been and continues to be made to exclude such items from production, Defendant does not waive such protection with respect to any privileged or work product information or documents that are inadvertently produced. 9. Defendant objects to each and every request to the extent that it seeks documents or information not within Defendant’s possession, custody or control. Defendant will produce responsive documents only to the extent that such documents are in the possession, custody, or control of Defendant, pursuant to Florida Rule of Civil Procedure. 10. Defendant objects to each and every request to the extent that is seeks information or documents which are within the knowledge or possession of Plaintiffs and/or Plaintiffs’ representatives. 11. Defendant objects to each and every request to the extent that it is vague, ambiguous, overly broad, vexatious and/or intended solely for purposes of harassment and requires an unduly burdensome search of Defendant’s records, or expensive to respond to in light of the information’s likely benefit, taking into account the needs of the case, the parties’ resources, the importance of the issues at stake in the litigation, and the importance of the proposed discovery in resolving the issues. Defendant objects to each and every request to the extent that itfails to identify the information sought with reasonable particularity. ZELLE LLP Sun Trust International Center, One Southeast Third Avenue, Suite 1600 Miami, Florida 33131 Telephone 786-693-2350 — Facsimile 612-336-9100 Page 3 of 21 CASE NO.:19004523CA 12. Defendant objects to each and every request to the extent that it seeks documents or information covering persons or business entities not parties to this action and would violate the confidentiality and privacy of individuals not parties to this lawsuit. 13. Defendant expressly reserves the right to supplement, clarify, revise, correct or amend any and/or all parts of the responses and objections provided herein, assert additional objections or privileges, in one or more subsequent supplemental response(s) should it discover any additional responsive or non-objectionable documents. 14. These General Objections shall be deemed to be continuing throughout the specific responses and objections that follow, even when not further referred to in said responses. 15. Defendant objects to the production of documents at a location other than the undersigned counsel’s office or any other location upon which the parties may mutually agree. 16. | Defendant objects to the scope of each and every request to the extent that Plaintiff has failed to limit the time frame within which Plaintiff is seeking responsive documents. Defendant objects to the scope of each and every request to the extent that itpurports to seek information for a period of time in excess of the relevant time period encompassed by the subject matter and issues in this litigation. 17. Defendant objects to each and every request to the extent it is unreasonably cumulative and/or duplicative. 18. Defendant objects to each and every request to the extent it seeks information or documents that are obtainable from other sources that are more convenient, less burdensome, or less expensive. ZELLE LLP Sun Trust International Center, One Southeast Third Avenue, Suite 1600 Miami, Florida 33131 Telephone 786-693-2350 — Facsimile 612-336-9100 Page 4 of 21 CASE NO.:19004523CA 19. Defendant objects to each and every request to the extent that it seeks documents or information constituting confidential, commercial, financial, or proprietary information of a third party, or the joint proprietary or confidential information of Underwriters anda third party. 20. A statement that Defendant will produce responsive documents means that, subject to the general objections set forth herein, Defendant will produce responsive, non-privileged documents to the extent such documents exist within Defendant’s possession, custody, and control at a time mutually convenient for both parties. However, by producing documents responsive to Plaintiffs’ request for production, Defendant does not waive any of the foregoing or specific objections set forth below; nor does Defendant waive in any respect objections Defendant may have to the use of such materials at trial or otherwise, or objections Defendant may have in future with regard to further inquiry into the subject matter of the Request for Production. Similarly, Defendant’s responses to the Request for Production should not be construed or used in any fashion so as to reflect any form of agreement with Plaintiffs’ positions in this action. 21. Defendant objects to Plaintiffs’ request for production to the extent that Plaintiff has failed to provide any definitions with its request. 22. Defendant objects to Plaintiffs’ request for production to the extent that Plaintiff has failed to provide any instructions with its request. INDIVIDUAL RESPONSES 1. A certified and complete copy of the Policy that Defendant issued to the Insured that was in effect on or about October 10, 2018. RESPONSE: Underwriters states that it issued Policy No. ACA080027600-01 to Plaintiff James McDougal for the period of June 16, 2018 to June 16, 2019, covering property located at 209 7 Street, Mexico Beach, FL 32456 (the “Policy), a copy of which is being produced in response to this Request. ZELLE LLP Sun Trust International Center, One Southeast Third Avenue, Suite 1600 Miami, Florida 33131 Telephone 786-693-2350 — Facsimile 612-336-9100 Page 5 of 21 CASE NO.:19004523CA 2. All documents reflecting Defendant’s inspection(s) of the Insured Property after October 10, 2018. RESPONSE: Underwriters objects to this Request, including the undefined term “inspection(s),” on the grounds that it is vague and overly broad. Underwriters further objects to this Request to the extent that it attempts to elicit protected documents or information subject to the attorney-client privilege; the attorney work product doctrine; the joint-defense privilege; containing the impressions, conclusions, legal research or theories of attorneys of Underwriters; or prepared in anticipation of litigation. Subject to, and without waiving the foregoing objections, Underwriters refers Plaintiffs to the responsive, non-privileged documents from its claim file that will be produced in response to Plaintiffs’ Request for Production at a time and place agreed upon by the parties. 3. All documents reflecting Defendant’s inspection(s) of the Insured Property before October 10, 2018, covering the preceding five (5) years. RESPONSE: Underwriters objects to this Request, including the undefined term “inspection(s),” on the grounds that it is vague, overly broad, irrelevant, unduly burdensome, intended solely for purposes of harassment, not properly limited in scope, and not reasonably calculated to lead to the discovery of admissible evidence. Underwriters further objects to this Request insofar as it is outside the scope of permissible discovery. 4. All documents reflecting Defendant’s inspection(s) of the Insured Property during the Defendant’s underwriting of the Insured’s Policy. RESPONSE: Underwriters objects to this request, including the undefined term “inspection(s),” on the grounds that it is vague, overly broad, irrelevant, unduly burdensome, intended solely for purposes of harassment, not properly limited in scope, and not reasonably calculated to lead to the discovery of admissible evidence. Underwriters further objects to this Request insofar as it is outside the scope of permissible discovery pursuant to Florida or Local Rules. 5. All documents reflecting Defendant’s inspection(s) of the Insured Property during Defendant’s underwriting of all insurance policies Defendant issued to the Insured for the Insured Property prior to October 10, 2018. RESPONSE: Underwriters objects to this Request, including the undefined term “inspection(s),” on the grounds that it is vague, overly broad, irrelevant, unduly burdensome, intended solely for purposes of harassment, not properly limited in scope, and not reasonably calculated to lead to the discovery of admissible evidence. Underwriters further objects to this Request insofar as it is outside the scope of permissible discovery pursuant to Florida or Local Rules. ZELLE LLP Sun Trust International Center, One Southeast Third Avenue, Suite 1600 Miami, Florida 33131 Telephone 786-693-2350 — Facsimile 612-336-9100 Page 6 of 21 CASE NO.:19004523CA 6. All photographs and/or videos submitted by Plaintiff to Defendant in any way related to the Loss. RESPONSE: Underwriters objects to this Request on the grounds that it is vague, ambiguous, and overly broad. Underwriters further objects to this Request insofar as it calls for documents and information which are within the knowledge and possession of Plaintiffs and/or their representatives. Underwriters also objects to this Request insofar as it is outside the scope of permissible discovery pursuant to Florida or Local Rules. Subject to, and without waiving the foregoing objections, Underwriters refers Plaintiff to the responsive, non-privileged documents from its claim file that will be produced in response to Plaintiffs Requests for Production at a time and place agreed upon by the parties. 7. All photographs and/or videos submitted by Defendant to plaintiff in any way related to the Loss. RESPONSE: Underwriters objects to this Request on the grounds that it is vague, ambiguous, and overly broad. Underwriters further objects to this Request insofar as it calls for documents and information which are within the knowledge and possession of Plaintiffs and/or their representatives. Underwriters also objects to this Request insofar as it is outside the scope of permissible discovery pursuant to Florida or Local Rules. Subject to, and without waiving the foregoing objections, Underwriters refers Plaintiffs to the responsive, non-privileged documents from its claim file that will be produced in response to Plaintiffs Requests for Production at a time and place agreed upon by the parties. 8. All photographs and/or videos taken by Defendant in any way related to the Loss. RESPONSE: Underwriters objects to this Request on the grounds that it is vague, ambiguous, overly broad, intended solely for purposes of harassment, and not properly limited in scope. Underwriters also objects to this Request insofar as it is outside the scope of permissible discovery pursuant to Florida or Local Rules. Subject to, and without waiving the foregoing objections, Underwriters refers Plaintiffs to the responsive, non-privileged documents from its claim file that will be produced in response to Plaintiffs Requests for Production at a time and place agreed upon by the parties. ZELLE LLP Sun Trust International Center, One Southeast Third Avenue, Suite 1600 Miami, Florida 33131 Telephone 786-693-2350 — Facsimile 612-336-9100 Page 7 of 21 CASE NO.:19004523CA 9. All correspondence, emails and all other documents provided by Plaintiff to Defendant in any way related to the Loss. RESPONSE: Underwriters objects to this Request on the grounds that it is vague, ambiguous, overly broad, intended solely for purposes of harassment, and not properly limited in scope. Underwriters further objects to this Request insofar as it calls for documents and information which are within the knowledge and possession of Plaintiffs and/or their representatives. Underwriters also objects to this Request insofar as it is outside the scope of permissible discovery pursuant to Florida or Local Rules. Subject to, and without waiving the foregoing objections, Underwriters refers Plaintiffs to the responsive, non-privileged documents from its claim file that will be produced in response to Plaintiffs Requests for Production at a time and place agreed upon by the parties. 10. _—_—All correspondence, emails and all other documents provided by Defendant to Plaintiff in any way related to the Loss. RESPONSE: Underwriters objects to this Request on the grounds that it is vague, ambiguous, overly broad, intended solely for purposes of harassment, and not properly limited in scope. Underwriters further objects to this Request insofar as it calls for documents and information which are within the knowledge and possession of Plaintiffs and/or their representatives. Underwriters also objects to this Request insofar as it is outside the scope of permissible discovery pursuant to Florida or Local Rules. Subject to, and without waiving the foregoing objections, Underwriters refers Plaintiffs to the responsive, non-privileged documents from its claim file that will be produced in response to Plaintiffs Requests for Production at a time and place agreed upon by the parties. 11. — All documents reflecting Defendant’s efforts to investigate the Loss. RESPONSE: Underwriters objects to this Request, including the undefined term “efforts,” and “investigate” on the grounds that it is vague and ambiguous. Underwriters further objects to this Request to the extent that it attempts to elicit protected documents or information subject to the attorney-client privilege; the attorney work product doctrine; the joint-defense privilege; containing the impressions, conclusions, legal research or theories of attorneys of Underwriters; or prepared in anticipation of litigation. ZELLE LLP Sun Trust International Center, One Southeast Third Avenue, Suite 1600 Miami, Florida 33131 Telephone 786-693-2350 — Facsimile 612-336-9100 Page 8 of 21 CASE NO.:19004523CA Subject to, and without waiving the foregoing objections, Underwriters refers Plaintiffs to the responsive, non-privileged documents from its claim file that will be produced in response to Plaintiffs Requests for Production at a time and place agreed upon by the parties. 12. All documents documenting or supporting Defendant’s affirmative defenses, or that Defendant anticipates will support Defendant’s reasons for denying or failing to pay the full amount of Plaintiffs Loss. RESPONSE: Underwriters objects to this Request on the grounds that it is vague, improper, ambiguous, intended solely for purposes of harassment, and calls for a legal conclusion. Underwriters further objects to this Request to the extent that it attempts to elicit protected documents or information subject to the attorney-client privilege; the attorney work product doctrine; the joint-defense privilege; containing the impressions, conclusions, legal research or theories of attorneys of Underwriters; or prepared in anticipation of litigation. Subject to, and without waiving the foregoing objections, Underwriters refers Plaintiffs to the responsive, non-privileged documents from its claim file that will be produced in response to Plaintiffs Requests for Production, including but not limited to Underwriter’s payment position letters issued to the Insured at a time and place agreed upon by the parties. 13. All documents, including but not limited to estimates, reports, testing, photographs and/or videos created by Defendant, Defendant’s adjusters, Defendant’s loss consultants, or by any expert retained by Defendant, including but not limited to plumbers, engineers, and/or contractors in any way related to the Loss. RESPONSE: Underwriters objects to this Request on the grounds that it is overly broad and not properly limited in scope. Underwriters further objects to this Request to the extent that it attempts to elicit protected documents or information subject to the attorney-client privilege; the attorney work product doctrine; the joint-defense privilege; containing the impressions, conclusions, legal research or theories of attorneys of Underwriters; or prepared in anticipation of litigation. Underwriters also objects to this Request insofar as it is outside the scope of permissible discovery pursuant to Florida or Local Rules. Subject to, and without waiving the foregoing objections, Underwriters refers Plaintiffs to the responsive, non-privileged documents from its claim file that will be produced in response to Plaintiffs Requests for Production at a time and place agreed upon by the parties. Please note that, with regard to Plaintiff’s request for expert information, Underwriters will produce their expert disclosures in accordance to the Florida Rules of Civil Procedure. ZELLE LLP Sun Trust International Center, One Southeast Third Avenue, Suite 1600 Miami, Florida 33131 Telephone 786-693-2350 — Facsimile 612-336-9100 Page 9 of 21 CASE NO.:19004523CA 14. All documents identified in Defendant’s Answer to Plaintiff's First Set of Interrogatories. RESPONSE: Underwriters refers Plaintiff to the responsive, non-privileged documents from its claim file that will be produced in response to Plaintiffs Requests for Production at a time and place agreed upon by the parties. 15. Acurrent curriculum vitae and all biographical information for all person(s) who inspected the Insured Property for or on behalf of Defendant following the Loss. RESPONSE: Underwriters objects to this Request on the grounds that it is vague, ambiguous, overly broad, unduly burdensome, intended solely for purposes of harassment, not properly limited in scope, and not reasonably calculated to lead to the discovery of admissible evidence. Subject to, and without waiving the foregoing, objections, Underwriters will make its expert disclosures in accordance to the Florida Rules of Civil Procedure. 16. All documents in any way related to the damage caused to the Insured Property from the alleged Loss. RESPONSE: Underwriters objects to this Request on the grounds that it is vague, ambiguous, overly broad, unduly burdensome, intended solely for purposes of harassment, not properly limited in scope, and not reasonably calculated to lead to the discovery of admissible evidence. Underwriters further objects to this Request to the extent that it attempts to elicit protected documents or information subject to the attorney-client privilege; the attorney work product doctrine; the joint-defense privilege; containing the impressions, conclusions, legal research or theories of attorneys of Underwriters; or prepared in anticipation of litigation. Subject to, and without waiving the foregoing objections, Underwriters refers Plaintiffs to the responsive, non-privileged documents from its claim file that will be produced in response to Plaintiffs requests for Production at a time and place agreed upon by the parties. 17. All documents related to the Insured Property that support how Defendant determined whether to pay Plaintiff’s Claim, and/or how much of Plaintiff's Claim to pay. RESPONSE: Underwriters objects to this Request on the grounds that it is vague, ambiguous, and overly broad. Underwriters further objects to this Request to the extent that it attempts to elicit protected documents or information subject to the attorney-client privilege; the attorney work product doctrine; the joint-defense privilege; containing the impressions, conclusions, legal research or theories of attorneys of Underwriters; or prepared in anticipation of litigation. ZELLE LLP Sun Trust International Center, One Southeast Third Avenue, Suite 1600 Miami, Florida 33131 Telephone 786-693-2350 — Facsimile 612-336-9100 Page 10 of 21 CASE NO.:19004523CA Subject to, and without waiving the foregoing objections, Underwriters refers Plaintiffs to the responsive, non-privileged documents from its claim file that will be produced in response to Plaintiffs Requests for Production at a time and place agreed upon by the parties. 18. All documents reflecting the relationship between Defendant and the adjuster (or any other person or entity) that assisted Defendant in investigating, adjusting, and/or evaluating Plaintiff's Claim. RESPONSE: Underwriters objects to this Request, including the undefined terms “relationship,” and “adjuster” on the grounds that it is vague, ambiguous, overly broad, intended solely for purposes of harassment, not properly limited in scope, and not reasonably calculated to lead to the discovery of admissible evidence. Underwriters also objects to this Request insofar as it is outside the scope of permissible discovery pursuant to Florida or Local Rules. 19. All documents that support any denials by Defendant of Plaintiffs First Request for Admissions. RESPONSE: Underwriters refers Plaintiffs to the responsive, non-privileged documents from its claim file that will be produced in response to Plaintiffs Requests for Production at a time and place agreed upon by the parties. 20. All reports relating to the damage to the Insured Property sustained during or as a result of the Loss. RESPONSE: Underwriters objects to this Request, including the undefined term “reports,” on the grounds that it is duplicative, vague, ambiguous, overly broad, and not properly limited in scope. Underwriters further objects to this Request insofar as it calls for documents and information which are within the knowledge and possession of Plaintiffs and/or their representatives. Subject to, and without waiving the foregoing objections, Underwriters refers Plaintiffs to the responsive, non-privileged documents from its claim file that will be produced in response to Plaintiffs requests for Production at a time and place agreed upon by the parties. 21. All reports relating to the condition of the Insured Property before the Loss. RESPONSE: Underwriters objects to this Request, including the undefined term “reports,” on the grounds that it is duplicative, vague, ambiguous, overly broad, not properly limited in scope, and not reasonably calculated to lead to the discovery of admissible evidence. Underwriters further objects to this Request insofar as itcalls ZELLE LLP Sun Trust International Center, One Southeast Third Avenue, Suite 1600 Miami, Florida 33131 Telephone 786-693-2350 — Facsimile 612-336-9100 Page 11 of 21 CASE NO.:19004523CA for documents and information which are within the knowledge and possession of Plaintiffs and/or their representatives. 22. All reports relating to the condition of the Insured Property after the Loss. RESPONSE: Underwriters objects to this Request, including the undefined term “reports,” on the grounds that it is duplicative, vague, ambiguous, overly broad, and not properly limited in scope. Underwriters further objects to this Request to the extent that it attempts to elicit protected documents or information subject to the attorney-client privilege; the attorney work product doctrine; the joint-defense privilege; containing the impressions, conclusions, legal research or theories of attorneys of Underwriters; or prepared in anticipation of litigation. Underwriters also objects to this Request insofar as itcalls for documents and information which are within the knowledge and possession of Plaintiffs and/or