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Filing # 105893831 E-Filed 04/06/2020 11:42:01 AM
IN THE CIRCUIT COURT, 14TH
JUDICIAL CIRCUIT, IN AND FOR
BAY COUNTY, FLORIDA
CASENO.: 19 004405 CA
PATSY J. ODOM,
Plaintiff,
Vv.
TOWER HILL SIGNATURE INSURANCE
COMPANY, a Florida insurance corporation,
Defendant.
PLAINTIFF’S NOTICE OF TAKING DEPOSITION DUCES
TECUM OF DE ANT’S DESIGNATED CORPORATE REPRESENTATIVE(S)
TO: COUNSEL OF RECORD
YOU WILL PLEASE TAKE NOTICE that the undersigned attorneys for the Plaintiff(s), Patsy
Odom, will take the deposition of Tower Hill, who shall designate one or more officers,
directors, managing agents, or other persons who consent to testify on its behalf, to testify on
the matters set forth herein below and who shall produce the documents outlined in Schedule
“A” attached hereto, on Tuesday, September 15th, 2020, at 10:00 a.m., at the offices of U.S. Legal,
located at 830 N John Young Parkway, Kissimmee, Fl. Said deposition is to be taken for purposes
of discovery, for use as evidence at trial hereof, or both, pursuant to Rules of Civil Procedure.
The deponent(s) shall be the representative(s) of the Company knowledgeable of the
following:
1, All facts known to or relied upon by Defendant in support of the affirmative
defenses pleaded by Defendant in this case.
2. All facts known to or relied upon by Defendant in support of its denial of any
allegation contained in the subject Complaint.3, All communications between Defendant, its agents or representatives, and
Plaintiff, her agents or representatives, with regard to the subject claim.
4. The terms and conditions of the subject policy of insurance.
5. Defendant’s contention as to the insured damage to the subject structure and the
cost to repair same caused by the storm.
6. Defendant’s contention as to the identity and value of Plaintiffs contents damage as
a result of the subject storm.
7. All facts known to or relied upon by Defendant in support of its claims decision in
this case.
8. All facts known to or relied upon by Defendant in support of statements made by
Defendant in its correspondence to Plaintiff dated November 14, 2018 and January
29, 2019, concerning how recoverable depreciation might be recovered, as was set
forth by Defendant in that correspondence.
PLEASE BE GOVERNED ACCORDINGLY.
TYLER & HAMILTON, P.A.
/s/Clark Hamilton, Jr.
CLARK HAMILTON, JR.
Florida Bar No,: 311731
4741 Atlantic Boulevard, Suite A
Jacksonville, Florida 32207
(904) 398-9999 Telephone
(904) 398-0806 Facsimile
tandhpa@bellsouth.net
andMANUEL & THOMPSON, P.A.
Jay Manuel, Esq.
Florida Bar No.: 651052
120 Richard Jackson Boulevard, Suite 200
Panama City, FL 325407
(850) 785-5555 Telephone
(850) 785-0133 Facsimile
jay@manuelthompson.com
lucy@manuelthompson.com
elouise@manuelthompson.com
Attorneys for Plaintiff, PATSY J. ODOM
CERTIFICATE OF SERVICE
THEREBY CERTIFY that a true and correct copy of the foregoing document has been
furnished via Electronic Mail (Email) and the Florida Courts E-Filing Portal to: NICOLE M.
FLUET, ESQ. AND SARAH K. CULLETON, ESQ., Galloway, Johnson, Tompkins, Burr &
Smith, PLC, 400 N Ashley Drive, Suite 1000, Tampa, FL 33602, attorneys for Defendant, this 17"
day of January, 2020.
/s/ Clark Hamilton, Jr.
Attorney“SCHEDULE A”
All correspondence by and between Plaintiff, her agents or representatives, and Defendant,
its agents or representatives, concerning the subject claim and loss.
All photographs in Defendant’s possession depicting the insured property taken before or
after the subject loss.
Copies of all claim documents submitted by or on behalf of Plaintiff in connection with the
subject claim.
Any document in Defendant's possession which supports any affirmative defense pleaded
by Defendant in this case.
A complete copy of the claims file, excluding privileged material.
Any documents which support the statements made by Defendant in its November 14, 2018
letter to Plaintiff regarding when and how withheld depreciation can be received.
Any document which supports the statements made by Defendant in its July 29, 2019 letter
to Plaintiff regarding when and how withheld depreciation may be received.
Copies of all documents evidencing payments made by Defendant to or on behalf of
Plaintiff with regard to the subject claim.
4.
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Filing # 105893831 E-Filed 04/06/2020 11:42:01 AM IN THE CIRCUIT COURT, 14TH JUDICIAL CIRCUIT, IN AND FOR BAY COUNTY, FLORIDA CASENO.: 19 004405 CA PATSY J. ODOM, Plaintiff, Vv. TOWER HILL SIGNATURE INSURANCE COMPANY, a Florida insurance corporation, Defendant. PLAINTIFF’S NOTICE OF TAKING DEPOSITION DUCES TECUM OF DE ANT’S DESIGNATED CORPORATE REPRESENTATIVE(S) TO: COUNSEL OF RECORD YOU WILL PLEASE TAKE NOTICE that the undersigned attorneys for the Plaintiff(s), Patsy Odom, will take the deposition of Tower Hill, who shall designate one or more officers, directors, managing agents, or other persons who consent to testify on its behalf, to testify on the matters set forth herein below and who shall produce the documents outlined in Schedule “A” attached hereto, on Tuesday, September 15th, 2020, at 10:00 a.m., at the offices of U.S. Legal, located at 830 N John Young Parkway, Kissimmee, Fl. Said deposition is to be taken for purposes of discovery, for use as evidence at trial hereof, or both, pursuant to Rules of Civil Procedure. The deponent(s) shall be the representative(s) of the Company knowledgeable of the following: 1, All facts known to or relied upon by Defendant in support of the affirmative defenses pleaded by Defendant in this case. 2. All facts known to or relied upon by Defendant in support of its denial of any allegation contained in the subject Complaint.3, All communications between Defendant, its agents or representatives, and Plaintiff, her agents or representatives, with regard to the subject claim. 4. The terms and conditions of the subject policy of insurance. 5. Defendant’s contention as to the insured damage to the subject structure and the cost to repair same caused by the storm. 6. Defendant’s contention as to the identity and value of Plaintiffs contents damage as a result of the subject storm. 7. All facts known to or relied upon by Defendant in support of its claims decision in this case. 8. All facts known to or relied upon by Defendant in support of statements made by Defendant in its correspondence to Plaintiff dated November 14, 2018 and January 29, 2019, concerning how recoverable depreciation might be recovered, as was set forth by Defendant in that correspondence. PLEASE BE GOVERNED ACCORDINGLY. TYLER & HAMILTON, P.A. /s/Clark Hamilton, Jr. CLARK HAMILTON, JR. Florida Bar No,: 311731 4741 Atlantic Boulevard, Suite A Jacksonville, Florida 32207 (904) 398-9999 Telephone (904) 398-0806 Facsimile tandhpa@bellsouth.net andMANUEL & THOMPSON, P.A. Jay Manuel, Esq. Florida Bar No.: 651052 120 Richard Jackson Boulevard, Suite 200 Panama City, FL 325407 (850) 785-5555 Telephone (850) 785-0133 Facsimile jay@manuelthompson.com lucy@manuelthompson.com elouise@manuelthompson.com Attorneys for Plaintiff, PATSY J. ODOM CERTIFICATE OF SERVICE THEREBY CERTIFY that a true and correct copy of the foregoing document has been furnished via Electronic Mail (Email) and the Florida Courts E-Filing Portal to: NICOLE M. FLUET, ESQ. AND SARAH K. CULLETON, ESQ., Galloway, Johnson, Tompkins, Burr & Smith, PLC, 400 N Ashley Drive, Suite 1000, Tampa, FL 33602, attorneys for Defendant, this 17" day of January, 2020. /s/ Clark Hamilton, Jr. Attorney“SCHEDULE A” All correspondence by and between Plaintiff, her agents or representatives, and Defendant, its agents or representatives, concerning the subject claim and loss. All photographs in Defendant’s possession depicting the insured property taken before or after the subject loss. Copies of all claim documents submitted by or on behalf of Plaintiff in connection with the subject claim. Any document in Defendant's possession which supports any affirmative defense pleaded by Defendant in this case. A complete copy of the claims file, excluding privileged material. Any documents which support the statements made by Defendant in its November 14, 2018 letter to Plaintiff regarding when and how withheld depreciation can be received. Any document which supports the statements made by Defendant in its July 29, 2019 letter to Plaintiff regarding when and how withheld depreciation may be received. Copies of all documents evidencing payments made by Defendant to or on behalf of Plaintiff with regard to the subject claim. 4.