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Filing # 103821554 E-Filed 02/24/2020 06:03:29 PM
IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT
IN AND FOR BAY COUNTY, FLORIDA
PATSY J. ODOM,
Plaintiff,
v. Case No.: 19-004405 CA
TOWER HILL SIGNATURE INSURANCE
COMPANY, a Florida insurance corporation,
Defendant.
/
DEFENDANT’S RESPONSE TO PLAINTIFF’S REQUEST TO PRODUCE
Defendant, TOWER HILL SIGNATURE INSURANCE COMPANY (“Defendant”),
pursuant to Fla. R. Civ. P. 1.350, responds to Plaintiff's First Request to Produce as follows:
1. A certified copy of the subject certificate of insurance, together with all
attachments, endorsements and amendments thereto.
RESPONSE: Attached please find Policy No. PIH0384517, effective April 26,
2018 through April 26, 2019.
2. All correspondence by and between Plaintiff or her agents or representatives, and
Defendant, its agents or representatives, concerning the subject claim and loss.
RESPONSE: Please see the attached correspondence dated October 12,
2018, October 31, 2018, November 5, 2018, November 14, 2018, November 21, 2018,
January 29, 2019, May 9, 2019, September 5, 2019, October 14, 2019, and October 17, 2019.
3. All photo graphs in Defendant's possession depicting the insured property taken at
any time, whether before or after the subject loss.
RESPONSE: Objection. Request No. 3 seeks documentation that is
irrelevant to any claim or defense in this lawsuit and therefore, is not reasonably calculated
Page 1 of 5to lead to the discovery of admissible evidence and is protected from disclosure under the
work product doctrine and Florida law. Otherwise, please see documents produced herein.
4. Reports from any and all professionals or experts who, on behalf of Defendant,
have inspected the subject property at any time, including underwriting inspections and post-loss
reports.
RESPONSE: Objection. Request No. 4 seeks documentation that is
irrelevant to any claim or defense in this lawsuit and therefore, is not reasonably calculated
to lead to the discovery of admissible evidence and is protected from disclosure under the
work product doctrine and Florida law. In addition, Tower Hill has not yet disclosed trial
experts and will do so in accordance with this Court’s Pre-Trial Order.
5. Copies of all claim documents submitted by or on behalf of Plaintiff in connection
with the subject claim.
RESPONSE: Please see documents produced in response to Request No. 2.
6. A transcript of any and all statements given by Plaintiff to Defendant, including
oral (taped) or written statements, or any memorandum of statement which was executed or
acknowledged by the Plaintiff.
RESPONSE: Objection. Request No. 6 seeks claims file and investigation
documents that are irrelevant to any claim or defense in this lawsuit and therefore, are not
reasonably calculated to lead to the discovery of admissible evidence and protected from
disclosure by the work product doctrine and Florida law. To the extent this Request seeks
the recorded statement of the Plaintiff, none.
7. Any document in Defendant's possession which supports any affirmative defense
pleaded by Defendant in this case.
Page 2 of 5RESPONSE: Please see documents produced herein. In addition, discovery
is ongoing.
8. A complete copy of the claims file, excluding those materials which you
legitimately claim as privileged by work product and/or attorney-client privilege with the
appropriate identification as required by the Florida Rules of Civil Procedure.
RESPONSE: Objection. Request No. 8 seeks claims file documentation that
is irrelevant to any claim or defense in this lawsuit and therefore, is not reasonably
calculated to lead to the discovery of admissible evidence and is protected from disclosure
by the work product doctrine and Florida law.
9. A complete copy of Defendant's underwriting file for the subject policy.
RESPONSE: Objection. Request No. 9 seeks documentation that is
irrelevant to any claim or defense in this lawsuit and therefore, is not reasonably calculated
to lead to the discovery of admissible evidence and is protected from disclosure by the work
product doctrine and Florida law.
10. All documents which support the procedures set forth by Defendant to Plaintiff in
its correspondence to her attached as Exhibits A and B to the Complaint setting forth how
Plaintiff may recover withheld depreciation.
RESPONSE: Objection. Request No. 10 seeks documentation that is
irrelevant to any claim or defense in this lawsuit and therefore, is not reasonably calculated
to lead to the discovery of admissible evidence and is protected from disclosure by the work
product doctrine and Florida law.
11. All documents supporting the payments made by Defendant to Plaintiff for the
subject loss, including those which explain how Defendant determined the amount of loss, and
calculated actual cash value and replacement cost.
Page 3 of 5RESPONSE: Objection. As phrased, Request No. 11 seeks claims file and
handling documentation that is irrelevant to any claim or defense in this lawsuit and
therefore, is not reasonably calculated to lead to the discovery of admissible evidence and is
protected from disclosure by the work product doctrine and Florida law.
/s/ Nicole M. Fluet
NICOLE M. FLUET, Fla. Bar No. 91077
nfluet@gallowaylawfirm.com
SARAH K. CULLETON, Fla. Bar No. 1015231
sculleton@gallowaylawfirm.com
Galloway, Johnson, Tompkins, Burr & Smith, PLC
400 N. Ashley Drive, Suite 1000
Tampa, Florida 33602
(813) 977-1200
(813) 977-1288 (facsimile)
tampaservice@gallowaylawfirm.com
Counsel for Defendant, Tower Hill Signature
Insurance Company
Page 4 of 5CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to
the following via the Florida Courts E-Filing Portal and/or electronic mail delivery this 24'" day
of February, 2020:
Clark Hamilton, Jr., Esq.
Tyler & Hamilton, P.A.
Midtown Centre, Building 4000
4811 Beach Boulevard, Suite 200
Jacksonville, Florida 32207
Phone: 904-398-9999
Fax: 904-398-0806
courtdocs@floridainsurancelawyers.com
tandhpa@bellsouth.net
Counsel for Plaintiff
Jay Manuel, Esq.
Manuel & Thompson, P.A.
120 Richard Jackson Boulevard, Suite 200
Panama City, Florida 325407
Phone: 850-785-5555
Fax: 850-785-0133
jay@manuelthompson.com
velinda@manuelthompson.com
tim@manuelthompson.com
Counsel for Plaintiff
[| Nicale M. Fluct
NICOLE M. FLUET
SARAH K. CULLETON
Page 5 of 5
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Filing # 103821554 E-Filed 02/24/2020 06:03:29 PM IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT IN AND FOR BAY COUNTY, FLORIDA PATSY J. ODOM, Plaintiff, v. Case No.: 19-004405 CA TOWER HILL SIGNATURE INSURANCE COMPANY, a Florida insurance corporation, Defendant. / DEFENDANT’S RESPONSE TO PLAINTIFF’S REQUEST TO PRODUCE Defendant, TOWER HILL SIGNATURE INSURANCE COMPANY (“Defendant”), pursuant to Fla. R. Civ. P. 1.350, responds to Plaintiff's First Request to Produce as follows: 1. A certified copy of the subject certificate of insurance, together with all attachments, endorsements and amendments thereto. RESPONSE: Attached please find Policy No. PIH0384517, effective April 26, 2018 through April 26, 2019. 2. All correspondence by and between Plaintiff or her agents or representatives, and Defendant, its agents or representatives, concerning the subject claim and loss. RESPONSE: Please see the attached correspondence dated October 12, 2018, October 31, 2018, November 5, 2018, November 14, 2018, November 21, 2018, January 29, 2019, May 9, 2019, September 5, 2019, October 14, 2019, and October 17, 2019. 3. All photo graphs in Defendant's possession depicting the insured property taken at any time, whether before or after the subject loss. RESPONSE: Objection. Request No. 3 seeks documentation that is irrelevant to any claim or defense in this lawsuit and therefore, is not reasonably calculated Page 1 of 5to lead to the discovery of admissible evidence and is protected from disclosure under the work product doctrine and Florida law. Otherwise, please see documents produced herein. 4. Reports from any and all professionals or experts who, on behalf of Defendant, have inspected the subject property at any time, including underwriting inspections and post-loss reports. RESPONSE: Objection. Request No. 4 seeks documentation that is irrelevant to any claim or defense in this lawsuit and therefore, is not reasonably calculated to lead to the discovery of admissible evidence and is protected from disclosure under the work product doctrine and Florida law. In addition, Tower Hill has not yet disclosed trial experts and will do so in accordance with this Court’s Pre-Trial Order. 5. Copies of all claim documents submitted by or on behalf of Plaintiff in connection with the subject claim. RESPONSE: Please see documents produced in response to Request No. 2. 6. A transcript of any and all statements given by Plaintiff to Defendant, including oral (taped) or written statements, or any memorandum of statement which was executed or acknowledged by the Plaintiff. RESPONSE: Objection. Request No. 6 seeks claims file and investigation documents that are irrelevant to any claim or defense in this lawsuit and therefore, are not reasonably calculated to lead to the discovery of admissible evidence and protected from disclosure by the work product doctrine and Florida law. To the extent this Request seeks the recorded statement of the Plaintiff, none. 7. Any document in Defendant's possession which supports any affirmative defense pleaded by Defendant in this case. Page 2 of 5RESPONSE: Please see documents produced herein. In addition, discovery is ongoing. 8. A complete copy of the claims file, excluding those materials which you legitimately claim as privileged by work product and/or attorney-client privilege with the appropriate identification as required by the Florida Rules of Civil Procedure. RESPONSE: Objection. Request No. 8 seeks claims file documentation that is irrelevant to any claim or defense in this lawsuit and therefore, is not reasonably calculated to lead to the discovery of admissible evidence and is protected from disclosure by the work product doctrine and Florida law. 9. A complete copy of Defendant's underwriting file for the subject policy. RESPONSE: Objection. Request No. 9 seeks documentation that is irrelevant to any claim or defense in this lawsuit and therefore, is not reasonably calculated to lead to the discovery of admissible evidence and is protected from disclosure by the work product doctrine and Florida law. 10. All documents which support the procedures set forth by Defendant to Plaintiff in its correspondence to her attached as Exhibits A and B to the Complaint setting forth how Plaintiff may recover withheld depreciation. RESPONSE: Objection. Request No. 10 seeks documentation that is irrelevant to any claim or defense in this lawsuit and therefore, is not reasonably calculated to lead to the discovery of admissible evidence and is protected from disclosure by the work product doctrine and Florida law. 11. All documents supporting the payments made by Defendant to Plaintiff for the subject loss, including those which explain how Defendant determined the amount of loss, and calculated actual cash value and replacement cost. Page 3 of 5RESPONSE: Objection. As phrased, Request No. 11 seeks claims file and handling documentation that is irrelevant to any claim or defense in this lawsuit and therefore, is not reasonably calculated to lead to the discovery of admissible evidence and is protected from disclosure by the work product doctrine and Florida law. /s/ Nicole M. Fluet NICOLE M. FLUET, Fla. Bar No. 91077 nfluet@gallowaylawfirm.com SARAH K. CULLETON, Fla. Bar No. 1015231 sculleton@gallowaylawfirm.com Galloway, Johnson, Tompkins, Burr & Smith, PLC 400 N. Ashley Drive, Suite 1000 Tampa, Florida 33602 (813) 977-1200 (813) 977-1288 (facsimile) tampaservice@gallowaylawfirm.com Counsel for Defendant, Tower Hill Signature Insurance Company Page 4 of 5CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to the following via the Florida Courts E-Filing Portal and/or electronic mail delivery this 24'" day of February, 2020: Clark Hamilton, Jr., Esq. Tyler & Hamilton, P.A. Midtown Centre, Building 4000 4811 Beach Boulevard, Suite 200 Jacksonville, Florida 32207 Phone: 904-398-9999 Fax: 904-398-0806 courtdocs@floridainsurancelawyers.com tandhpa@bellsouth.net Counsel for Plaintiff Jay Manuel, Esq. Manuel & Thompson, P.A. 120 Richard Jackson Boulevard, Suite 200 Panama City, Florida 325407 Phone: 850-785-5555 Fax: 850-785-0133 jay@manuelthompson.com velinda@manuelthompson.com tim@manuelthompson.com Counsel for Plaintiff [| Nicale M. Fluct NICOLE M. FLUET SARAH K. CULLETON Page 5 of 5