Preview
Filing # 104036178 E-Filed 02/27/2020 03:51:01 PM
IN THE CIRCUIT COURT OF THE
147™ 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 LLOYD’S 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 612-336-9100CASE 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 21CASE 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 it fails 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 21CASE 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 it purports 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 21CASE 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 and a third party.
20. Astatement 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 21CASE 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 21CASE 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 21CASE 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 21CASE 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. Alldocuments 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 Plaintiffs 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 21CASE NO.:19004523CA
14. All documents identified in Defendant’s Answer to Plaintiffs 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. A current 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 Plaintiffs 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 21CASE 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 Plaintiff's 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 it calls
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 21CASE 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 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.
23. All documents showing when Plaintiff notified Defendant of the Loss.
RESPONSE: Underwriters objects to this Request, including the term “notified,” on
the grounds that it is vague, ambiguous, overly broad, intended solely for purposes of
harassment, and not properly limited in scope.
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.
24. All electronic claim notes made by or on behalf of Defendant in any way relating
to the Loss, or to the condition of the Insured Property at the time of Loss.
RESPONSE: Underwriters objects to this Request on the grounds that it is vague,
ambiguous, overly broad, unduly burdensome, and intended solely for purposes of
harassment, and not reasonably calculated to lead to the discovery of admissible
evidence. Specifically, claim notes, manuals, guidelines and documents concerning
claim handling procedures are irrelevant to a first-party dispute insurance coverage
dispute. See State Farm Fire & Cas. Co. v. Valido, 662 So. 2d (Fla. 3d DCA 1995);
Allstate Ins. Co. v. Langston, 655 So. 2d 91 (Fla. 1995); Fidelity & Cas. Ins. Co. of N.Y.
y. Taylor, 525 So. 2d 908, 909 (Fla. 3d DCA 1987), rev. denied, 528 So. 2d 1181 (Fla.
1988), disapproved on other grounds, Kujawa v. Manhattan Nat'l Life Ins. Co., 541 So.
2d 1168 (Fla. 1989). Underwriters further objects to this Request to the extent that it
attempts to elicit protected documents or information subject to the attorney-client
ZELLE LLP
Sun Trust International Center, One Southeast Third Avenue, Suite 1600 Miami, Florida 33131
Telephone 786-693-2350 — Facsimile 612-336-9100
Page 12 of 21CASE NO.:19004523CA
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.
25. The part of Defendant’s claim file that Defendant reasonably expects to relay upon
at trial in this action.
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.
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.
26. The part of Defendant’s claim file that Defendant reasonably expects to use at trial
in support of its affirmative defenses.
RESPONSE: Underwriters objects to this Request on the grounds that it is
cumulative, overly broad and intended solely for purposes of harassment.
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.
27. All documents that Defendant reasonably expects to rely upon at trial in this action.
RESPONSE: Underwriters objects to this Request on the grounds that it is
cumulative, overly broad and intended solely for purposes of harassment.
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
ZELLE LLP
Sun Trust International Center, One Southeast Third Avenue, Suite 1600 Miami, Florida 33131
Telephone 786-693-2350 — Facsimile 612-336-9100
Page 13 of 21CASE NO.:19004523CA
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.
28. All documents that Defendant reasonably expects to use at trial in support of its
affirmative defenses.
RESPONSE: Underwriters objects to this Request on the grounds that it is
cumulative, overly broad and intended solely for purposes of harassment.
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.
29. The part of Defendant’s claim file that supports the action taken by Defendant in
paying or refusing to pay Plaintiff's Claim.
RESPONSE: Underwriters objects to this Request vague, ambiguous, intended solely
for purposes of harassment, and not likely to lead to the discovery of admissible
evidence.
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, which include but not
limited to Underwriter’s payment position letters to the Insured at a time and place
agreed upon by the parties.
30. All documents that support the action taken by Defendant in paying or refusing to
pay Plaintiff's Claim.
RESPONSE: Underwriters objects to this request on the grounds that it is
duplicative, vague, ambiguous, and intended solely for purposes of harassment.
Underwriters further objects to this Request to the extent that it attempts to elicit
ZELLE LLP
Sun Trust International Center, One Southeast Third Avenue, Suite 1600 Miami, Florida 33131
Telephone 786-693-2350 — Facsimile 612-336-9100
Page 14 of 21CASE NO.:19004523CA
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, which include
Underwriter’s payment position letters to the Insured at a time and place agreed upon
by the parties.
31. All estimates prepared by Defendant in any way related to the amount claimed by
Plaintiff in this action.
RESPONSE: Underwriters objects to this Request on the grounds that it is
duplicative, 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.
32. All estimates prepared by Defendant, its agents or independent contractors,
contractors, loss consultants, or third parties, that Defendant may use to support its reason for non-
payment or partial payment of Plaintiff's Claim.
RESPONSE: Underwriters objects to this request on the grounds that it is vague,
ambiguous, and intended solely for purposes of harassment. 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 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
ZELLE LLP
Sun Trust International Center, One Southeast Third Avenue, Suite 1600 Miami, Florida 33131
Telephone 786-693-2350 — Facsimile 612-336-9100
Page 15 of 21CASE NO.:19004523CA
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.
33. All documents Defendant provided to the person(s) who investigated, adjusted or
otherwise evaluated Plaintiff's Claim.
RESPONSE: Underwriters objects to this Request on the grounds that it is overly
broad, unduly burdensome, intended solely for the purpose of harassment, 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
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.
34. All documents reflecting any communication between Defendant, and any of
Defendant’s agents, independent adjusters, plumbers, engineers or any other person or entity
retained by Defendant, in any way related to plaintiff's Claim.
RESPONSE: Underwriters objects to this Request, including the undefined term
“communication,” 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.
Subject to, and without waiving the foregoing objections, Underwriters refers
Plaintiffs to the responsive, non-privileged documents from its claim file that will be
ZELLE LLP
Sun Trust International Center, One Southeast Third Avenue, Suite 1600 Miami, Florida 33131
Telephone 786-693-2350 — Facsimile 612-336-9100
Page 16 of 21CASE NO.:19004523CA
produced in response to Plaintiffs Requests for Production at a time and place agreed
upon by the parties.
35. All underwriting documents in any way relating to the condition of the Insured
Property before the Loss.
RESPONSE: Underwriters objects to this Request on the grounds that it is 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.
36. The underwriting file kept by Defendant regarding the Insured Property dating from
the inception of Defendant’s Policy on the Insured Premises through the present time.
RESPONSE: Underwriters objects to this Request on the grounds that it is 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.
37. Allinsurance applications the Insured submitted to Defendant regarding the Insured
Property.
RESPONSE: Underwriters objects to this Request on the grounds that it is 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.
38. All documents containing any facts supporting any of Defendant’s affirmative
defenses.
RESPONSE: Underwriters objects to this Request on the grounds that it is
cumulative, duplicative, overly broad and intended solely for purposes of harassment.
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
ZELLE LLP
Sun Trust International Center, One Southeast Third Avenue, Suite 1600 Miami, Florida 33131
Telephone 786-693-2350 — Facsimile 612-336-9100
Page 17 of 21CASE NO.:19004523CA
produced in response to Plaintiffs Requests for Production at a time and place agreed
upon by the parties.
39. All documents containing any facts supporting any of Defendant’s reasons for
failing to pay and/or paying only part of Plaintiff's Claim.
RESPONSE: Underwriters objects to this Request on the grounds that it is
cumulative, duplicative, overly broad and intended solely for purposes of harassment.
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.
40. All documents supporting any allegation or contention by Defendant that Plaintiffs
Claim is related to damages involving a prior claim made by Insured or prior damage sustained by
an Insured.
RESPONSE: Underwriters objects to this Request on the grounds that it is intended
solely for purposes of harassment and not reasonably calculated to lead to the
discovery of admissible evidence.
Subject to, and without waiving the foregoing objections, Underwriters does not
allege or contend that Plaintiffs’ Claim is related to a prior claim.
41. All documents supporting any allegation or contention by Defendant that Plaintiff's
Claim is related to damages involving a subsequent claim made by Insured or subsequent damage
sustained by an Insured.
RESPONSE: Underwriters objects to this Request on the grounds that it is intended
solely for purposes of harassment and not reasonably calculated to lead to the
discovery of admissible evidence.
Subject to, and without waiving the foregoing objections, Underwriters does not
allege or contend that Plaintiffs Claim is related to a subsequent claim.
ZELLE LLP
Sun Trust International Center, One Southeast Third Avenue, Suite 1600 Miami, Florida 33131
Telephone 786-693-2350 — Facsimile 612-336-9100
Page 18 of 21CASE NO.:19004523CA
42. All documents supporting any allegation or contention by Defendant that the
Insured’s damages from the Loss are related to damages involving a prior claim made by the
Insured or prior damage sustained by an Insured.
RESPONSE: Underwriters objects to this Request on the grounds that it is
duplicative, intended solely for purposes of harassment, and not reasonably
calculated to lead to the discovery of admissible evidence.
Subject to, and without waiving the foregoing objections, Underwriters does not
allege or contend that the Insured’s Claim is related to a prior claim.
43. All documents supporting any allegation or contention by Defendant that Plaintiff's
Claim is related to damages involving a subsequent claim made by the Insured or subsequent
damage sustained by an insured.
RESPONSE: Underwriters objects to this Request on the grounds that it is
duplicative, intended solely for purposes of harassment and not reasonably calculated
to lead to the discovery of admissible evidence.
Subject to, and without waiving the foregoing objections, Underwriters does not
allege or contend that Plaintiffs Claim is related to a subsequent claim.
44. All signed sworn proofs of loss submitted by the Insured to Defendant regarding
the Loss.
RESPONSE: None.
45. Complete and legible copies of 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 Loss.
RESPONSE: Underwriters objects to this Request, including the undefined term
“records,” on the grounds that it is vague, ambiguous, overly broad, unduly
burdensome, irrelevant, 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 calls for
documents and information which are within the knowledge and possession of
Plaintiffs and/or their representatives.
46. All documents evidencing all payments made by Defendant to the Insured and/or
for the Insured’s benefit involving a Prior Claim made by Insured or prior damage sustained by an
Insured, involving the Insured Property.
RESPONSE: Underwriters objects to this Request on the grounds that it is overly
broad, unduly burdensome, irrelevant, intended solely for purposes of harassment,
ZELLE LLP
Sun Trust International Center, One Southeast Third Avenue, Suite 1600 Miami, Florida 33131
Telephone 786-693-2350 — Facsimile 612-336-9100
Page 19 of 21CASE NO.:19004523CA
not properly limited in scope, and not reasonably calculated to lead to the discovery
of admissible evidence.
47. All documents evidencing all payments made by Defendant to the Insured and/or
for the Insured’s benefit involving a Subsequent Claim made by Insured or subsequent damage
sustained by an Insured, involving the Insured Property.
RESPONSE: Underwriters objects to this Request on the grounds that it is overly
broad, unduly burdensome, irrelevant, intended solely for purposes of harassment,
not properly limited in scope, and not reasonably calculated to lead to the discovery
of admissible evidence.
48. All documents evidencing all payments made by Defendant to the Insured and/or
for the Insured’s benefit involving a claim for the same date of Loss alleged in the Complaint.
RESPONSE: Underwriters objects to this Request on the grounds that it is vague,
ambiguous, overly broad, intended solely for purposes of harassment, 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.
49. All correspondence and documents between Defendant and any third parties,
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.
RESPONSE: Underwriters objects to this Request on the grounds that it is 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
Preview
Filing # 104036178 E-Filed 02/27/2020 03:51:01 PM IN THE CIRCUIT COURT OF THE 147™ 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 LLOYD’S 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 612-336-9100CASE 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 21CASE 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 it fails 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 21CASE 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 it purports 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 21CASE 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 and a third party. 20. Astatement 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 21CASE 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 21CASE 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 21CASE 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 21CASE 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. Alldocuments 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 Plaintiffs 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 21CASE NO.:19004523CA 14. All documents identified in Defendant’s Answer to Plaintiffs 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. A current 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 Plaintiffs 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 21CASE 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 Plaintiff's 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 it calls 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 21CASE 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 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. 23. All documents showing when Plaintiff notified Defendant of the Loss. RESPONSE: Underwriters objects to this Request, including the term “notified,” on the grounds that it is vague, ambiguous, overly broad, intended solely for purposes of harassment, and not properly limited in scope. 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. 24. All electronic claim notes made by or on behalf of Defendant in any way relating to the Loss, or to the condition of the Insured Property at the time of Loss. RESPONSE: Underwriters objects to this Request on the grounds that it is vague, ambiguous, overly broad, unduly burdensome, and intended solely for purposes of harassment, and not reasonably calculated to lead to the discovery of admissible evidence. Specifically, claim notes, manuals, guidelines and documents concerning claim handling procedures are irrelevant to a first-party dispute insurance coverage dispute. See State Farm Fire & Cas. Co. v. Valido, 662 So. 2d (Fla. 3d DCA 1995); Allstate Ins. Co. v. Langston, 655 So. 2d 91 (Fla. 1995); Fidelity & Cas. Ins. Co. of N.Y. y. Taylor, 525 So. 2d 908, 909 (Fla. 3d DCA 1987), rev. denied, 528 So. 2d 1181 (Fla. 1988), disapproved on other grounds, Kujawa v. Manhattan Nat'l Life Ins. Co., 541 So. 2d 1168 (Fla. 1989). Underwriters further objects to this Request to the extent that it attempts to elicit protected documents or information subject to the attorney-client ZELLE LLP Sun Trust International Center, One Southeast Third Avenue, Suite 1600 Miami, Florida 33131 Telephone 786-693-2350 — Facsimile 612-336-9100 Page 12 of 21CASE NO.:19004523CA 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. 25. The part of Defendant’s claim file that Defendant reasonably expects to relay upon at trial in this action. 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. 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. 26. The part of Defendant’s claim file that Defendant reasonably expects to use at trial in support of its affirmative defenses. RESPONSE: Underwriters objects to this Request on the grounds that it is cumulative, overly broad and intended solely for purposes of harassment. 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. 27. All documents that Defendant reasonably expects to rely upon at trial in this action. RESPONSE: Underwriters objects to this Request on the grounds that it is cumulative, overly broad and intended solely for purposes of harassment. 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 ZELLE LLP Sun Trust International Center, One Southeast Third Avenue, Suite 1600 Miami, Florida 33131 Telephone 786-693-2350 — Facsimile 612-336-9100 Page 13 of 21CASE NO.:19004523CA 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. 28. All documents that Defendant reasonably expects to use at trial in support of its affirmative defenses. RESPONSE: Underwriters objects to this Request on the grounds that it is cumulative, overly broad and intended solely for purposes of harassment. 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. 29. The part of Defendant’s claim file that supports the action taken by Defendant in paying or refusing to pay Plaintiff's Claim. RESPONSE: Underwriters objects to this Request vague, ambiguous, intended solely for purposes of harassment, and not likely to lead to the discovery of admissible evidence. 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, which include but not limited to Underwriter’s payment position letters to the Insured at a time and place agreed upon by the parties. 30. All documents that support the action taken by Defendant in paying or refusing to pay Plaintiff's Claim. RESPONSE: Underwriters objects to this request on the grounds that it is duplicative, vague, ambiguous, and intended solely for purposes of harassment. Underwriters further objects to this Request to the extent that it attempts to elicit ZELLE LLP Sun Trust International Center, One Southeast Third Avenue, Suite 1600 Miami, Florida 33131 Telephone 786-693-2350 — Facsimile 612-336-9100 Page 14 of 21CASE NO.:19004523CA 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, which include Underwriter’s payment position letters to the Insured at a time and place agreed upon by the parties. 31. All estimates prepared by Defendant in any way related to the amount claimed by Plaintiff in this action. RESPONSE: Underwriters objects to this Request on the grounds that it is duplicative, 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. 32. All estimates prepared by Defendant, its agents or independent contractors, contractors, loss consultants, or third parties, that Defendant may use to support its reason for non- payment or partial payment of Plaintiff's Claim. RESPONSE: Underwriters objects to this request on the grounds that it is vague, ambiguous, and intended solely for purposes of harassment. 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 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 ZELLE LLP Sun Trust International Center, One Southeast Third Avenue, Suite 1600 Miami, Florida 33131 Telephone 786-693-2350 — Facsimile 612-336-9100 Page 15 of 21CASE NO.:19004523CA 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. 33. All documents Defendant provided to the person(s) who investigated, adjusted or otherwise evaluated Plaintiff's Claim. RESPONSE: Underwriters objects to this Request on the grounds that it is overly broad, unduly burdensome, intended solely for the purpose of harassment, 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 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. 34. All documents reflecting any communication between Defendant, and any of Defendant’s agents, independent adjusters, plumbers, engineers or any other person or entity retained by Defendant, in any way related to plaintiff's Claim. RESPONSE: Underwriters objects to this Request, including the undefined term “communication,” 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. Subject to, and without waiving the foregoing objections, Underwriters refers Plaintiffs to the responsive, non-privileged documents from its claim file that will be ZELLE LLP Sun Trust International Center, One Southeast Third Avenue, Suite 1600 Miami, Florida 33131 Telephone 786-693-2350 — Facsimile 612-336-9100 Page 16 of 21CASE NO.:19004523CA produced in response to Plaintiffs Requests for Production at a time and place agreed upon by the parties. 35. All underwriting documents in any way relating to the condition of the Insured Property before the Loss. RESPONSE: Underwriters objects to this Request on the grounds that it is 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. 36. The underwriting file kept by Defendant regarding the Insured Property dating from the inception of Defendant’s Policy on the Insured Premises through the present time. RESPONSE: Underwriters objects to this Request on the grounds that it is 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. 37. Allinsurance applications the Insured submitted to Defendant regarding the Insured Property. RESPONSE: Underwriters objects to this Request on the grounds that it is 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. 38. All documents containing any facts supporting any of Defendant’s affirmative defenses. RESPONSE: Underwriters objects to this Request on the grounds that it is cumulative, duplicative, overly broad and intended solely for purposes of harassment. 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 ZELLE LLP Sun Trust International Center, One Southeast Third Avenue, Suite 1600 Miami, Florida 33131 Telephone 786-693-2350 — Facsimile 612-336-9100 Page 17 of 21CASE NO.:19004523CA produced in response to Plaintiffs Requests for Production at a time and place agreed upon by the parties. 39. All documents containing any facts supporting any of Defendant’s reasons for failing to pay and/or paying only part of Plaintiff's Claim. RESPONSE: Underwriters objects to this Request on the grounds that it is cumulative, duplicative, overly broad and intended solely for purposes of harassment. 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. 40. All documents supporting any allegation or contention by Defendant that Plaintiffs Claim is related to damages involving a prior claim made by Insured or prior damage sustained by an Insured. RESPONSE: Underwriters objects to this Request on the grounds that it is intended solely for purposes of harassment and not reasonably calculated to lead to the discovery of admissible evidence. Subject to, and without waiving the foregoing objections, Underwriters does not allege or contend that Plaintiffs’ Claim is related to a prior claim. 41. All documents supporting any allegation or contention by Defendant that Plaintiff's Claim is related to damages involving a subsequent claim made by Insured or subsequent damage sustained by an Insured. RESPONSE: Underwriters objects to this Request on the grounds that it is intended solely for purposes of harassment and not reasonably calculated to lead to the discovery of admissible evidence. Subject to, and without waiving the foregoing objections, Underwriters does not allege or contend that Plaintiffs Claim is related to a subsequent claim. ZELLE LLP Sun Trust International Center, One Southeast Third Avenue, Suite 1600 Miami, Florida 33131 Telephone 786-693-2350 — Facsimile 612-336-9100 Page 18 of 21CASE NO.:19004523CA 42. All documents supporting any allegation or contention by Defendant that the Insured’s damages from the Loss are related to damages involving a prior claim made by the Insured or prior damage sustained by an Insured. RESPONSE: Underwriters objects to this Request on the grounds that it is duplicative, intended solely for purposes of harassment, and not reasonably calculated to lead to the discovery of admissible evidence. Subject to, and without waiving the foregoing objections, Underwriters does not allege or contend that the Insured’s Claim is related to a prior claim. 43. All documents supporting any allegation or contention by Defendant that Plaintiff's Claim is related to damages involving a subsequent claim made by the Insured or subsequent damage sustained by an insured. RESPONSE: Underwriters objects to this Request on the grounds that it is duplicative, intended solely for purposes of harassment and not reasonably calculated to lead to the discovery of admissible evidence. Subject to, and without waiving the foregoing objections, Underwriters does not allege or contend that Plaintiffs Claim is related to a subsequent claim. 44. All signed sworn proofs of loss submitted by the Insured to Defendant regarding the Loss. RESPONSE: None. 45. Complete and legible copies of 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 Loss. RESPONSE: Underwriters objects to this Request, including the undefined term “records,” on the grounds that it is vague, ambiguous, overly broad, unduly burdensome, irrelevant, 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 calls for documents and information which are within the knowledge and possession of Plaintiffs and/or their representatives. 46. All documents evidencing all payments made by Defendant to the Insured and/or for the Insured’s benefit involving a Prior Claim made by Insured or prior damage sustained by an Insured, involving the Insured Property. RESPONSE: Underwriters objects to this Request on the grounds that it is overly broad, unduly burdensome, irrelevant, intended solely for purposes of harassment, ZELLE LLP Sun Trust International Center, One Southeast Third Avenue, Suite 1600 Miami, Florida 33131 Telephone 786-693-2350 — Facsimile 612-336-9100 Page 19 of 21CASE NO.:19004523CA not properly limited in scope, and not reasonably calculated to lead to the discovery of admissible evidence. 47. All documents evidencing all payments made by Defendant to the Insured and/or for the Insured’s benefit involving a Subsequent Claim made by Insured or subsequent damage sustained by an Insured, involving the Insured Property. RESPONSE: Underwriters objects to this Request on the grounds that it is overly broad, unduly burdensome, irrelevant, intended solely for purposes of harassment, not properly limited in scope, and not reasonably calculated to lead to the discovery of admissible evidence. 48. All documents evidencing all payments made by Defendant to the Insured and/or for the Insured’s benefit involving a claim for the same date of Loss alleged in the Complaint. RESPONSE: Underwriters objects to this Request on the grounds that it is vague, ambiguous, overly broad, intended solely for purposes of harassment, 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. 49. All correspondence and documents between Defendant and any third parties, 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. RESPONSE: Underwriters objects to this Request on the grounds that it is 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