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Filing # 103971229 E-Filed 02/26/2020 04:47:33 PM
IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT
IN AND FOR BAY COUNTY, FLORIDA
CIVIL DIVISION
DONNA BODNER,
Plaintiff, Case No. 19-004473-CA
vs.
TOWER HILL SELECT
INSURANCE COMPANY,
Defendant.
|
PLAINTIFF’S AMENDED NOTICE OF TAKING DEFENDANT’S RULE 1.310(b)(6)
CORPORATE REPRESENTATIVE’S DEPOSITION DUCES TECUM
(Amended as to Date Only)
PLEASE TAKE NOTICE that the pursuant to Florida Rules of Civil Procedure,
Plaintiffs, through the undersigned counsel, will take the deposition, by oral examination of
the following person as indicated below or at such other location, time, and date as is
mutually agreed upon by counsel or ordered by the Court, before an associate or deputy
court reporter of Huseby Global Litigation, at the offices as indicated before its designated
representative, who is not of counsel to the parties or interested in the events of the cause.
NAME DATE LOCATION
Charles Fellows, Tuesday Scribe Associates, Inc.
Corporate Representative June 9, 2020 201 S.E. 2" Avenue, Ste. 207
For Tower Hill Select 9:00 a.m. Gainesville, Florida 32601
Insurance Company
Individually and as
Corporate Representative
(Deponent will testify
Regarding Items on
Schedule A)
The deponent is directed to produce for inspection or copying at or before the
time of the deposition the documents called for in the attached Schedule “B” & “C.” You
are invited to attend. This deposition is being taken for the purpose of discovery for use
at trial, or for such other purposes as are permitted under the Florida Rules of Civil
Procedure for Case No. 19-004473-CA.
The deposition will continue from day to day until completed.In an effort to expedite the deposition, Plaintiffs counsel requests that the
requested documents responsive to Schedule “B” and “C” be produced at least ten (10)
days before the date of the deposition, to allow the Parties to conduct the deposition
quickly and efficiently. This will eliminate the need for Plaintiff's counsel having to review
the documents for the first time at the deposition(s). Plaintiff will reimburse deponent(s)
for all reasonable costs associated with producing the requested documents prior to the
depositions.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that on February 26, 2020, the foregoing has been
electronically filed with the Clerk of Court by using the Florida Courts eFiling Portal system
which will send a Notice of Electronic Filing to all counsel of record as follows: Gregory
M. Shoemaker, Esquire, Wade, Palmer & Shoemaker, 14 North Palafox Street,
Pensacola, Florida 32502 (gshoemaker@wopslawyers.com, ssmith@wpslawyers.com
cschreiner@wpslawyers.com).
Li David [, Pettinato-___
DAVID J. PETTINATO, ESQUIRE
Florida Bar No. 062324
MERLIN LAW GROUP, P.A.
777 S. Harbour Island Blvd., Suite 950
Tampa, FL 33602
813-229-1000 / 813-229-3692 fax
Attorney for Plaintiffs
dpettinato@merlinlawgroup.com
smerriett@merlinlawgroup.com
trodriguez@merlinlawgroup.com
cc: HusebySCHEDULE A
1. The person(s) most knowledgeable regarding the identity, by full name and
company title, all of those persons who participated in making the decision on behalf of
TOWER HILL SELECT INSURANCE COMPANY (TOWER HILL) to withhold or deny
Plaintiffs claim(s) or authorize payments.
2. The person(s) most knowledgeable at TOWER HILL regarding any and all
Answers and Affirmative Defenses raised by TOWER HILL in this cause of action.
3. The person(s) most knowledgeable at TOWER HILL that authorized TOWER
HILL’S Responses, Objections and/or Answers to Plaintiff's discovery requests and that
can testify as any basis, factual or otherwise, for that Answer, Objection and/or
Response.
4. The person(s) most knowledgeable at TOWER HILL regarding the identity of the
person(s) involved with, and explain what events occurred, to cause Plaintiff's damages
to be constituted as events excluded from the coverage provided by the policy of
insurance which is the subject of this cause of action; or how any actions or omissions
on behalf of the Plaintiff voided or excluded or may void or exclude coverage.
5. The person(s) most knowledgeable at TOWER HILL who can describe
comprehensively and in detail what events occurred to cause Plaintiffs damages to be
constituted as events excluded from the coverage provided by the policy of insurance
which is the subject of this cause of action; or how any actions or omissions on behalf of
the Plaintiff voided or excluded or may void or exclude coverage.
6. The person(s) most knowledgeable at TOWER HILL that can identify by full
name and company title all of those persons who participated in making any and all
decisions on behalf of TOWER HILL with regards to this case.
7. The person(s) most knowledgeable at TOWER HILL regarding the identity of the
person(s) who participated in making any decision on behalf of TOWER HILL to
withhold or deny and/or authorize providing coverage and/or payments which are the
subject of this cause of action.
8. The person(s) most knowledgeable at TOWER HILL who can describe
comprehensively and in detail in making any decision on behalf of TOWER HILL to
withhold or deny and/or authorize providing coverage and/or payments which are the
subject of this cause of action.
9. The person(s) most knowledgeable at TOWER HILL that can identify and explain
the meaning intended by the terms, limitations, exclusions and/or conditions which
TOWER HILL contends it has complied with in adjusting the Plaintiff's claims of loss
which is the subject of this cause of action.
10. The person(s) most knowledgeable at TOWER HILL who can describe
comprehensively and in detail the meaning intended by the terms, limitations,
3exclusions and/or conditions which TOWER HILL contends Plaintiff failed or refused to
comply with in TOWER HILL’S adjusting of the Plaintiff's claims of loss which is the
subject of this cause of action.
11. The person(s) most knowledgeable at TOWER HILL regarding the identity of the
person(s) who participated in retaining any of the experts/representatives, including but
not limited to, engineers, to complete a report on the Plaintiff's damages, and most
knowledgeable about any and all of his/her/their results, findings, work, tests, surveys,
and evaluations.
12. The person(s) most knowledgeable at TOWER HILL who can provide a
comprehensive and detailed summary of the basis and/or grounds relied on by each
TOWER HILL expert in reaching his/her opinion(s) that concern, refer, or relate to any
issue(s) of this cause of action.
13. The person(s) most knowledgeable at TOWER HILL who can provide a
comprehensive and detailed summary of all item(s) or object(s) relevant to this lawsuit
that have been reviewed, analyzed, or examined by any of TOWER HILL’S experts.
14. The person(s) most knowledgeable at TOWER HILL who can provide a
comprehensive and detailed summary of all fact(s) or opinion(s) of all TOWER HILL
experts that was derived from their review, analysis, or examinations of all item(s) or
object(s) relevant to this lawsuit.
15. The person(s) most knowledgeable at TOWER HILL who can testify as to
whether any of TOWER HILL’S experts had submitted a report setting forth his/her
opinions or conclusions reached from any review, analysis, or examination that he/she
may have conducted.
16. The person(s) most knowledgeable at TOWER HILL who can provide a
comprehensive and detailed summary of all cases/claims that TOWER HILL’S expert(s)
and/or their professional associations, retained in this case, were retained to perform
any other review(s), analysis, or examination(s) of claimant(s), plaintiff(s) and/or
insured(s) claim(s) or cause(s) of action(s) for TOWER HILL in other cases/claims
within the last three (3) years.
17. The person(s) most knowledgeable at TOWER HILL who can provide a
comprehensive and detailed summary of all cases/claims that TOWER HILL’S expert(s)
and/or their professional associations, retained in this case, testified on TOWER HILL
behalf, including but not limited to, affidavits, deposition or trial testimony, within the last
three (3) years.
18. The person(s) most knowledgeable at TOWER HILL who can provide a
comprehensive and detailed summary of the amount of monies (and dates of payment)
TOWER HILL paid to its expert(s) and/or their professional associations, within the last
three (3) years, to perform any review(s), analysis, or examination(s) of claimant(s),
plaintiff(s) and/or insured(s) claim(s) or cause(s) of action(s).
19. The person(s) most knowledgeable at TOWER HILL regarding Plaintiffs
responses to TOWER HILL’S presuit requests for information and/or documentation
from Plaintiff.20. The person(s) most knowledgeable at TOWER HILL regarding TOWER HILL’S
responses to Plaintiffs presuit requests for information and/or documentation from
TOWER HILL.
21. The person(s) most knowledgeable at TOWER HILL who can state in detail and
with specificity all known or discovered damages to Plaintiffs insured property that is
subject of this litigation, caused, directly or indirectly, by claimed damages to the
insured home.
22. The person(s) most knowledgeable at TOWER HILL who can testify regarding
the maintenance and/or repair records for all the equipment/machinery used in the
testing or any analysis of the insureds’ property from 2016 to the present.
23. The person(s) most knowledgeable at TOWER HILL who can authenticate that
all TOWER HILL documents produced in this matter are true, complete and accurate
copies of the original documents.
24. The person(s) most knowledgeable at TOWER HILL regarding TOWER HILL’S
preferred vendor program regarding the retention of experts to provide opinions related
to wind causation and scope/amount of damage claims.
25. The person(s) most knowledgeable at TOWER HILL regarding document(s) that
evidences the amount of income paid to the expert(s) by the Defendant's
representatives (TOWER HILL’S current counsel or its agents, parent corporations or
subsidiaries) over the past three (3) years for testifying in deposition or at trial,
performing any analysis or rendering any opinion and any work by the expert required to
perform such tasks (in accordance with Springer v. West, 769 So.2 1068 (5 DCA
2000) and Allstate Ins. Co. v. Hodges, 855 So.2d 636 (2"4 DCA 2003).
26. The person(s) most knowledgeable at TOWER HILL regarding document(s) that
lists the name of the cases in which each expert has testified in deposition or at trial,
performed an analysis, or rendered an opinion for the Defendant's representative
(TOWER HILL’S current counsel or its agents, parent corporations or subsidiaries, its
agents, parent corporation or subsidiaries) for the past three (3) years. Allstate Ins. Co.
v. Hodges, 855 So.2d 636 (24 DCA 2003).
27. The person(s) most knowledgeable at TOWER HILL regarding any and all
documentation submitted to TOWER HILL by its Engineering expert to be an approved,
preferred or registered vendor for TOWER HILL for the period of 2017 through 2019,
including but not limited to:
a. Any and all agreements, proposals, contracts, amendments, renewals
and/or any other written understanding of the services to be performed on
TOWER HILL behalf with regard to Plaintiffs insured property; and/or
b. Any and all agreements, proposals, contracts, amendments, renewals
and/or any other written understanding of the services to be performed on
TOWER HILL behalf with regard to wind claims for the period of 2017
through 2019.
28. The person(s) most knowledgeable at TOWER HILL regarding any and all
5agreements or contracts between TOWER HILL and any Engineering expert for the
period of 2017 through 2019, for the Engineering expert to provide services to any
TOWER HILL policyholder.
29. The person(s) most knowledgeable at TOWER HILL regarding any approved
vendor lists for the period of 2017 through 2018 wherein the engineering expert is listed
on.
30. The person(s) most knowledgeable at TOWER HILL regarding any
documentation, application(s), questionnaires, forms or other information provided to
the Engineering expert to be listed on TOWER HILL approved vendor list, for the period
of 2017 through 2019.SCHEDULE B
All documents you reviewed in preparation for this deposition that you will rely on in
providing your testimony.
All documents you reviewed in refreshing your recollection in preparation for your
deposition testimony.SCHEDULE C
The ORIGINALS of all documentation, of whatever kind or nature, in your
possession, custody or control (excluding privileged or protected documents)
concerning DONNA BODNER (hereinafter “MS. BODNER’), claim of loss that
occurred on or about October 10, 2018, for damages to her insured property
located at 410 E. Beach Street, Panama City, Bay County, Florida, including but
not limited to, certified copies of any insurance policies, recorded statements,
expert files, memos, texts, telephone messages, timesheets, billing statements,
invoices, documentation of the claim such as proofs of loss, reports or memoranda
by TOWER HILL SELECT INSURANCE COMPANY, INC. (“TOWER HILL”)
adjuster regarding the extent of damage and the reasons that payment has been
withheld, delayed or denied.
The ORIGINALS of all documentation, of whatever kind or nature, in your
possession, custody or control concerning any insurance claims MS. BODNER has
filed with TOWER HILL or any other insurance carrier other than the October 10,
2018, insurance claim, including but not limited to, copies of any insurance policies,
photographs, recorded statements, documentation of the claim such as proofs of
loss, reports or memoranda by the insurance adjuster regarding the extent of
damage and the reasons for payment or denial of the claim and copies of any and
all letters to or from the insurance carrier which deny the claim, or propose no
coverage, as well as copies of all correspondence to or from the insured regarding
this claim(s).
The ORIGINALS of all recorded or transcribed statements taken by you, your
representative(s) and/or your attorneys, of any persons having knowledge of any
facts relating to any of the issues in this case (excluding privileged or protected
documents).
The ORIGINALS of all correspondence, notices, reports or other communications
between you and your representatives and MS. BODNER, or its representatives
regarding any insurance claim(s) they may have made with TOWER HILL with
regard to Hurricane Michael and/or hurricane-force winds, and ensuing damage
claim to the insured property located at 410 E. Beach Street, Panama City, Bay
County, Florida, that occurred on or about October 10, 2018, which is the subject
of MS. BODNER’S cause of action.
The ORIGINALS of all letters from TOWER HILL that deny, delay or withhold
insurance payments of MS. BODNER’S insurance claim with regard to Hurricane
Michael and/or hurricane-force winds, and ensuing damage claim, which is the
subject of MS. BODNER’S breach of contract cause of action, as well as copies of
all correspondence to or from MS. BODNER or any of her representatives
regarding its accidental and/or fortuitous water discharge, and ensuing damage.
The ORIGINAL of all documents in your possession, custody, or control (excluding
privileged or protected documents) relating to MS. BODNER’S insured property
located at 410 E. Beach Street, Panama City, Bay County, Florida, regarding
Hurricane Michael and/or hurricane-force winds, and ensuing damage claim that
is the subject matter of this litigation including but not limited to: photographs,
videotapes, photographic and videotape logs related to such photographs or
810.
11.
12.
13.
14.
videotapes, sketches, drawings, field notes, reports relied upon by you, reports
prepared by you or prepared for you or on behalf of TOWER HILL.
The ORIGINALS of any documents, statements, notes, measurements, test results
and related materials relied upon by you or TOWER HILL in reaching your or
TOWER HILL’S conclusion or opinion to deny, refuse to pay at this time, delay, or
withhold insurance monies to MS. BODNER.
The ORIGINALS of all Proofs of Loss forms submitted by MS. BODNER to
TOWER HILL with supporting documents for the Hurricane Michael and/or
hurricane-force winds, and ensuing damage claim which is the subject matter of
this litigation.
The ORIGINAL of all documents and/or information from whatever source, in
your possession, which proves or tends to prove that MS. BODNER are not
entitled to payment of all the insurance proceeds they claim are due and owing
them.
The ORIGINAL of all documents and/or information from whatever source, in
your possession, to evidence that MS. BODNER’S experts’ repair opinions
submitted to TOWER HILL with regard to MS. BODNER’S insured property were
sufficient (or insufficient) to completely and properly repair damages from the
Hurricane Michael and/or hurricane-force winds, and ensuing damage claim to
the insured property.
The ORIGINAL of any schedule, memorandum, note, computer print-out,
reports, or documentation that would show all cases/claims that TOWER HILL’S
consultants or and/or their professional associations retained here, were retained
to perform any other review(s), analysis, or examination(s) of claimant(s),
plaintiff(s) and/or insured(s) claim(s) or cause(s) of action(s) for TOWER HILL in
other cases/claims within the last three (3) years.
The ORIGINAL of any schedule, memorandum, note, computer print-out,
reports, or documentation that would show all cases/claims that TOWER HILL’S
consultants or expert(s) and/or their professional associations, retained in this
case, testified on TOWER HILL’S behalf, including but not limited to, affidavits,
deposition or trial transcripts, within the last three (3) years.
The ORIGINAL of any schedule, memorandum, note, computer print-out,
reports, or documentation that would provide a comprehensive and detailed
summary of the amount of monies (and dates of payment) TOWER HILL paid to
its consultants or expert(s) and/or their professional associations, within the last
three (3) years, to perform any review(s), analysis, or examination(s) of
claimant(s), plaintiff(s) and/or insured(s) claim(s) or cause(s) of action(s).
A listing of any other cases in which the corporate representative, has testified at
trial or by deposition, including but not limited to, affidavits, deposition or trial
testimony, within the past five (5) years, including whether the testimony
performed was on behalf of a plaintiff or defendant and identify in what capacity.15.
16.
17.
18.
19.
20.
21,
22.
23.
24,
25.
A copy of the corporate representative’s current curriculum vitae/resume or
his/her most last curriculum vitae/resume.
A copy of any degrees, certifications, licenses and/or designations.
A copy of the complete Underwriting file (cover to cover) for MS. BODNER’S
insured property located at 410 E. Beach Street, Panama City, Bay County,
Florida, including but not limited to, copies of any insurance policies, inspections,
reports, appraisals, photographs and/or videos, applications and all policy forms
and endorsements that became effective after the policy was issued. (Note: this
request excludes how the premium was calculated)
A copy of a current privilege log listing all documents TOWER HILL asserts are
privileged or protected, including an adequate identification of each document,
sender, recipient(s), title or type, date and subject matter, reason for objection.
See, Bankers Security Insurance Company v. Symons, 889 So.2d 93, 96 (Fla. 5"
Cir. 2004).
A copy of any documents that shall show proof that any employee involved in the
adjustment of this claim completed the appropriate Continuing Education (CE)
credits to have maintained his/her/their license from 2016 to the present.
Copies of any and all documentation provided to MS. BODNER by any
independent adjusting company, vendor, consultant or expert TOWER HILL
relied on in this matter to qualify to be accepted on TOWER HILL’S approved
vendor list(s).
Copies of any and all documentation provided to any independent adjusting
company, vendor, consultant or expert relied on in this matter by TOWER HILL to
qualify to be accepted on TOWER HILL’S approved vendor list(s).
Copies of any approved vendor lists for the years 2016, 2017, 2018 and 2019
wherein any vendor, independent adjusting company, consultant or expert
TOWER HILL relied on this matter is listed on.
Copies of any documentation and/or information, for the years 2016, 2017 and
2018 that TOWER HILL’S provides to any independent adjusting company,
vendor, consultant or expert who seek to be listed on TOWER HILL’S approved
vendor list.
Copies of any application(s), questionnaires, or forms provided to any
independent adjusting company, vendor, consultant or expert that seeks to be
listed on TOWER HILL’S approved vendor list, for the years 2016, 2017 and
2018.
Copies of any guidelines or procedures utilized by TOWER HILL to approve any
independent adjusting company, vendor, consultant or expert that is to be listed
on TOWER HILL’S approved vendor list, for the years 2016, 2017 and 2018.26. Copies of all documents and/or information that would support your testimony
regarding any of the issues as outlined in the 30 designated areas of deposition
inquiry as listed on Schedule A.
NOTE: IF UPON A GOOD FAITH REASON ORIGINALS ARE UNAVAILABLE,
COPIES SHALL BE ACCEPTABLE. ADDITIONALLY, ALL OF THE ABOVE
REQUESTS IN SCHEDULE “B & C” EXCLUDE ATTORNEY-CLIENT PRIVILEGED
AND/OR WORK PRODUCT PROTECTED INFORMATION AND/OR
DOCUMENTATION.
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Filing # 103971229 E-Filed 02/26/2020 04:47:33 PM IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT IN AND FOR BAY COUNTY, FLORIDA CIVIL DIVISION DONNA BODNER, Plaintiff, Case No. 19-004473-CA vs. TOWER HILL SELECT INSURANCE COMPANY, Defendant. | PLAINTIFF’S AMENDED NOTICE OF TAKING DEFENDANT’S RULE 1.310(b)(6) CORPORATE REPRESENTATIVE’S DEPOSITION DUCES TECUM (Amended as to Date Only) PLEASE TAKE NOTICE that the pursuant to Florida Rules of Civil Procedure, Plaintiffs, through the undersigned counsel, will take the deposition, by oral examination of the following person as indicated below or at such other location, time, and date as is mutually agreed upon by counsel or ordered by the Court, before an associate or deputy court reporter of Huseby Global Litigation, at the offices as indicated before its designated representative, who is not of counsel to the parties or interested in the events of the cause. NAME DATE LOCATION Charles Fellows, Tuesday Scribe Associates, Inc. Corporate Representative June 9, 2020 201 S.E. 2" Avenue, Ste. 207 For Tower Hill Select 9:00 a.m. Gainesville, Florida 32601 Insurance Company Individually and as Corporate Representative (Deponent will testify Regarding Items on Schedule A) The deponent is directed to produce for inspection or copying at or before the time of the deposition the documents called for in the attached Schedule “B” & “C.” You are invited to attend. This deposition is being taken for the purpose of discovery for use at trial, or for such other purposes as are permitted under the Florida Rules of Civil Procedure for Case No. 19-004473-CA. The deposition will continue from day to day until completed.In an effort to expedite the deposition, Plaintiffs counsel requests that the requested documents responsive to Schedule “B” and “C” be produced at least ten (10) days before the date of the deposition, to allow the Parties to conduct the deposition quickly and efficiently. This will eliminate the need for Plaintiff's counsel having to review the documents for the first time at the deposition(s). Plaintiff will reimburse deponent(s) for all reasonable costs associated with producing the requested documents prior to the depositions. CERTIFICATE OF SERVICE | HEREBY CERTIFY that on February 26, 2020, the foregoing has been electronically filed with the Clerk of Court by using the Florida Courts eFiling Portal system which will send a Notice of Electronic Filing to all counsel of record as follows: Gregory M. Shoemaker, Esquire, Wade, Palmer & Shoemaker, 14 North Palafox Street, Pensacola, Florida 32502 (gshoemaker@wopslawyers.com, ssmith@wpslawyers.com cschreiner@wpslawyers.com). Li David [, Pettinato-___ DAVID J. PETTINATO, ESQUIRE Florida Bar No. 062324 MERLIN LAW GROUP, P.A. 777 S. Harbour Island Blvd., Suite 950 Tampa, FL 33602 813-229-1000 / 813-229-3692 fax Attorney for Plaintiffs dpettinato@merlinlawgroup.com smerriett@merlinlawgroup.com trodriguez@merlinlawgroup.com cc: HusebySCHEDULE A 1. The person(s) most knowledgeable regarding the identity, by full name and company title, all of those persons who participated in making the decision on behalf of TOWER HILL SELECT INSURANCE COMPANY (TOWER HILL) to withhold or deny Plaintiffs claim(s) or authorize payments. 2. The person(s) most knowledgeable at TOWER HILL regarding any and all Answers and Affirmative Defenses raised by TOWER HILL in this cause of action. 3. The person(s) most knowledgeable at TOWER HILL that authorized TOWER HILL’S Responses, Objections and/or Answers to Plaintiff's discovery requests and that can testify as any basis, factual or otherwise, for that Answer, Objection and/or Response. 4. The person(s) most knowledgeable at TOWER HILL regarding the identity of the person(s) involved with, and explain what events occurred, to cause Plaintiff's damages to be constituted as events excluded from the coverage provided by the policy of insurance which is the subject of this cause of action; or how any actions or omissions on behalf of the Plaintiff voided or excluded or may void or exclude coverage. 5. The person(s) most knowledgeable at TOWER HILL who can describe comprehensively and in detail what events occurred to cause Plaintiffs damages to be constituted as events excluded from the coverage provided by the policy of insurance which is the subject of this cause of action; or how any actions or omissions on behalf of the Plaintiff voided or excluded or may void or exclude coverage. 6. The person(s) most knowledgeable at TOWER HILL that can identify by full name and company title all of those persons who participated in making any and all decisions on behalf of TOWER HILL with regards to this case. 7. The person(s) most knowledgeable at TOWER HILL regarding the identity of the person(s) who participated in making any decision on behalf of TOWER HILL to withhold or deny and/or authorize providing coverage and/or payments which are the subject of this cause of action. 8. The person(s) most knowledgeable at TOWER HILL who can describe comprehensively and in detail in making any decision on behalf of TOWER HILL to withhold or deny and/or authorize providing coverage and/or payments which are the subject of this cause of action. 9. The person(s) most knowledgeable at TOWER HILL that can identify and explain the meaning intended by the terms, limitations, exclusions and/or conditions which TOWER HILL contends it has complied with in adjusting the Plaintiff's claims of loss which is the subject of this cause of action. 10. The person(s) most knowledgeable at TOWER HILL who can describe comprehensively and in detail the meaning intended by the terms, limitations, 3exclusions and/or conditions which TOWER HILL contends Plaintiff failed or refused to comply with in TOWER HILL’S adjusting of the Plaintiff's claims of loss which is the subject of this cause of action. 11. The person(s) most knowledgeable at TOWER HILL regarding the identity of the person(s) who participated in retaining any of the experts/representatives, including but not limited to, engineers, to complete a report on the Plaintiff's damages, and most knowledgeable about any and all of his/her/their results, findings, work, tests, surveys, and evaluations. 12. The person(s) most knowledgeable at TOWER HILL who can provide a comprehensive and detailed summary of the basis and/or grounds relied on by each TOWER HILL expert in reaching his/her opinion(s) that concern, refer, or relate to any issue(s) of this cause of action. 13. The person(s) most knowledgeable at TOWER HILL who can provide a comprehensive and detailed summary of all item(s) or object(s) relevant to this lawsuit that have been reviewed, analyzed, or examined by any of TOWER HILL’S experts. 14. The person(s) most knowledgeable at TOWER HILL who can provide a comprehensive and detailed summary of all fact(s) or opinion(s) of all TOWER HILL experts that was derived from their review, analysis, or examinations of all item(s) or object(s) relevant to this lawsuit. 15. The person(s) most knowledgeable at TOWER HILL who can testify as to whether any of TOWER HILL’S experts had submitted a report setting forth his/her opinions or conclusions reached from any review, analysis, or examination that he/she may have conducted. 16. The person(s) most knowledgeable at TOWER HILL who can provide a comprehensive and detailed summary of all cases/claims that TOWER HILL’S expert(s) and/or their professional associations, retained in this case, were retained to perform any other review(s), analysis, or examination(s) of claimant(s), plaintiff(s) and/or insured(s) claim(s) or cause(s) of action(s) for TOWER HILL in other cases/claims within the last three (3) years. 17. The person(s) most knowledgeable at TOWER HILL who can provide a comprehensive and detailed summary of all cases/claims that TOWER HILL’S expert(s) and/or their professional associations, retained in this case, testified on TOWER HILL behalf, including but not limited to, affidavits, deposition or trial testimony, within the last three (3) years. 18. The person(s) most knowledgeable at TOWER HILL who can provide a comprehensive and detailed summary of the amount of monies (and dates of payment) TOWER HILL paid to its expert(s) and/or their professional associations, within the last three (3) years, to perform any review(s), analysis, or examination(s) of claimant(s), plaintiff(s) and/or insured(s) claim(s) or cause(s) of action(s). 19. The person(s) most knowledgeable at TOWER HILL regarding Plaintiffs responses to TOWER HILL’S presuit requests for information and/or documentation from Plaintiff.20. The person(s) most knowledgeable at TOWER HILL regarding TOWER HILL’S responses to Plaintiffs presuit requests for information and/or documentation from TOWER HILL. 21. The person(s) most knowledgeable at TOWER HILL who can state in detail and with specificity all known or discovered damages to Plaintiffs insured property that is subject of this litigation, caused, directly or indirectly, by claimed damages to the insured home. 22. The person(s) most knowledgeable at TOWER HILL who can testify regarding the maintenance and/or repair records for all the equipment/machinery used in the testing or any analysis of the insureds’ property from 2016 to the present. 23. The person(s) most knowledgeable at TOWER HILL who can authenticate that all TOWER HILL documents produced in this matter are true, complete and accurate copies of the original documents. 24. The person(s) most knowledgeable at TOWER HILL regarding TOWER HILL’S preferred vendor program regarding the retention of experts to provide opinions related to wind causation and scope/amount of damage claims. 25. The person(s) most knowledgeable at TOWER HILL regarding document(s) that evidences the amount of income paid to the expert(s) by the Defendant's representatives (TOWER HILL’S current counsel or its agents, parent corporations or subsidiaries) over the past three (3) years for testifying in deposition or at trial, performing any analysis or rendering any opinion and any work by the expert required to perform such tasks (in accordance with Springer v. West, 769 So.2 1068 (5 DCA 2000) and Allstate Ins. Co. v. Hodges, 855 So.2d 636 (2"4 DCA 2003). 26. The person(s) most knowledgeable at TOWER HILL regarding document(s) that lists the name of the cases in which each expert has testified in deposition or at trial, performed an analysis, or rendered an opinion for the Defendant's representative (TOWER HILL’S current counsel or its agents, parent corporations or subsidiaries, its agents, parent corporation or subsidiaries) for the past three (3) years. Allstate Ins. Co. v. Hodges, 855 So.2d 636 (24 DCA 2003). 27. The person(s) most knowledgeable at TOWER HILL regarding any and all documentation submitted to TOWER HILL by its Engineering expert to be an approved, preferred or registered vendor for TOWER HILL for the period of 2017 through 2019, including but not limited to: a. Any and all agreements, proposals, contracts, amendments, renewals and/or any other written understanding of the services to be performed on TOWER HILL behalf with regard to Plaintiffs insured property; and/or b. Any and all agreements, proposals, contracts, amendments, renewals and/or any other written understanding of the services to be performed on TOWER HILL behalf with regard to wind claims for the period of 2017 through 2019. 28. The person(s) most knowledgeable at TOWER HILL regarding any and all 5agreements or contracts between TOWER HILL and any Engineering expert for the period of 2017 through 2019, for the Engineering expert to provide services to any TOWER HILL policyholder. 29. The person(s) most knowledgeable at TOWER HILL regarding any approved vendor lists for the period of 2017 through 2018 wherein the engineering expert is listed on. 30. The person(s) most knowledgeable at TOWER HILL regarding any documentation, application(s), questionnaires, forms or other information provided to the Engineering expert to be listed on TOWER HILL approved vendor list, for the period of 2017 through 2019.SCHEDULE B All documents you reviewed in preparation for this deposition that you will rely on in providing your testimony. All documents you reviewed in refreshing your recollection in preparation for your deposition testimony.SCHEDULE C The ORIGINALS of all documentation, of whatever kind or nature, in your possession, custody or control (excluding privileged or protected documents) concerning DONNA BODNER (hereinafter “MS. BODNER’), claim of loss that occurred on or about October 10, 2018, for damages to her insured property located at 410 E. Beach Street, Panama City, Bay County, Florida, including but not limited to, certified copies of any insurance policies, recorded statements, expert files, memos, texts, telephone messages, timesheets, billing statements, invoices, documentation of the claim such as proofs of loss, reports or memoranda by TOWER HILL SELECT INSURANCE COMPANY, INC. (“TOWER HILL”) adjuster regarding the extent of damage and the reasons that payment has been withheld, delayed or denied. The ORIGINALS of all documentation, of whatever kind or nature, in your possession, custody or control concerning any insurance claims MS. BODNER has filed with TOWER HILL or any other insurance carrier other than the October 10, 2018, insurance claim, including but not limited to, copies of any insurance policies, photographs, recorded statements, documentation of the claim such as proofs of loss, reports or memoranda by the insurance adjuster regarding the extent of damage and the reasons for payment or denial of the claim and copies of any and all letters to or from the insurance carrier which deny the claim, or propose no coverage, as well as copies of all correspondence to or from the insured regarding this claim(s). The ORIGINALS of all recorded or transcribed statements taken by you, your representative(s) and/or your attorneys, of any persons having knowledge of any facts relating to any of the issues in this case (excluding privileged or protected documents). The ORIGINALS of all correspondence, notices, reports or other communications between you and your representatives and MS. BODNER, or its representatives regarding any insurance claim(s) they may have made with TOWER HILL with regard to Hurricane Michael and/or hurricane-force winds, and ensuing damage claim to the insured property located at 410 E. Beach Street, Panama City, Bay County, Florida, that occurred on or about October 10, 2018, which is the subject of MS. BODNER’S cause of action. The ORIGINALS of all letters from TOWER HILL that deny, delay or withhold insurance payments of MS. BODNER’S insurance claim with regard to Hurricane Michael and/or hurricane-force winds, and ensuing damage claim, which is the subject of MS. BODNER’S breach of contract cause of action, as well as copies of all correspondence to or from MS. BODNER or any of her representatives regarding its accidental and/or fortuitous water discharge, and ensuing damage. The ORIGINAL of all documents in your possession, custody, or control (excluding privileged or protected documents) relating to MS. BODNER’S insured property located at 410 E. Beach Street, Panama City, Bay County, Florida, regarding Hurricane Michael and/or hurricane-force winds, and ensuing damage claim that is the subject matter of this litigation including but not limited to: photographs, videotapes, photographic and videotape logs related to such photographs or 810. 11. 12. 13. 14. videotapes, sketches, drawings, field notes, reports relied upon by you, reports prepared by you or prepared for you or on behalf of TOWER HILL. The ORIGINALS of any documents, statements, notes, measurements, test results and related materials relied upon by you or TOWER HILL in reaching your or TOWER HILL’S conclusion or opinion to deny, refuse to pay at this time, delay, or withhold insurance monies to MS. BODNER. The ORIGINALS of all Proofs of Loss forms submitted by MS. BODNER to TOWER HILL with supporting documents for the Hurricane Michael and/or hurricane-force winds, and ensuing damage claim which is the subject matter of this litigation. The ORIGINAL of all documents and/or information from whatever source, in your possession, which proves or tends to prove that MS. BODNER are not entitled to payment of all the insurance proceeds they claim are due and owing them. The ORIGINAL of all documents and/or information from whatever source, in your possession, to evidence that MS. BODNER’S experts’ repair opinions submitted to TOWER HILL with regard to MS. BODNER’S insured property were sufficient (or insufficient) to completely and properly repair damages from the Hurricane Michael and/or hurricane-force winds, and ensuing damage claim to the insured property. The ORIGINAL of any schedule, memorandum, note, computer print-out, reports, or documentation that would show all cases/claims that TOWER HILL’S consultants or and/or their professional associations retained here, were retained to perform any other review(s), analysis, or examination(s) of claimant(s), plaintiff(s) and/or insured(s) claim(s) or cause(s) of action(s) for TOWER HILL in other cases/claims within the last three (3) years. The ORIGINAL of any schedule, memorandum, note, computer print-out, reports, or documentation that would show all cases/claims that TOWER HILL’S consultants or expert(s) and/or their professional associations, retained in this case, testified on TOWER HILL’S behalf, including but not limited to, affidavits, deposition or trial transcripts, within the last three (3) years. The ORIGINAL of any schedule, memorandum, note, computer print-out, reports, or documentation that would provide a comprehensive and detailed summary of the amount of monies (and dates of payment) TOWER HILL paid to its consultants or expert(s) and/or their professional associations, within the last three (3) years, to perform any review(s), analysis, or examination(s) of claimant(s), plaintiff(s) and/or insured(s) claim(s) or cause(s) of action(s). A listing of any other cases in which the corporate representative, has testified at trial or by deposition, including but not limited to, affidavits, deposition or trial testimony, within the past five (5) years, including whether the testimony performed was on behalf of a plaintiff or defendant and identify in what capacity.15. 16. 17. 18. 19. 20. 21, 22. 23. 24, 25. A copy of the corporate representative’s current curriculum vitae/resume or his/her most last curriculum vitae/resume. A copy of any degrees, certifications, licenses and/or designations. A copy of the complete Underwriting file (cover to cover) for MS. BODNER’S insured property located at 410 E. Beach Street, Panama City, Bay County, Florida, including but not limited to, copies of any insurance policies, inspections, reports, appraisals, photographs and/or videos, applications and all policy forms and endorsements that became effective after the policy was issued. (Note: this request excludes how the premium was calculated) A copy of a current privilege log listing all documents TOWER HILL asserts are privileged or protected, including an adequate identification of each document, sender, recipient(s), title or type, date and subject matter, reason for objection. See, Bankers Security Insurance Company v. Symons, 889 So.2d 93, 96 (Fla. 5" Cir. 2004). A copy of any documents that shall show proof that any employee involved in the adjustment of this claim completed the appropriate Continuing Education (CE) credits to have maintained his/her/their license from 2016 to the present. Copies of any and all documentation provided to MS. BODNER by any independent adjusting company, vendor, consultant or expert TOWER HILL relied on in this matter to qualify to be accepted on TOWER HILL’S approved vendor list(s). Copies of any and all documentation provided to any independent adjusting company, vendor, consultant or expert relied on in this matter by TOWER HILL to qualify to be accepted on TOWER HILL’S approved vendor list(s). Copies of any approved vendor lists for the years 2016, 2017, 2018 and 2019 wherein any vendor, independent adjusting company, consultant or expert TOWER HILL relied on this matter is listed on. Copies of any documentation and/or information, for the years 2016, 2017 and 2018 that TOWER HILL’S provides to any independent adjusting company, vendor, consultant or expert who seek to be listed on TOWER HILL’S approved vendor list. Copies of any application(s), questionnaires, or forms provided to any independent adjusting company, vendor, consultant or expert that seeks to be listed on TOWER HILL’S approved vendor list, for the years 2016, 2017 and 2018. Copies of any guidelines or procedures utilized by TOWER HILL to approve any independent adjusting company, vendor, consultant or expert that is to be listed on TOWER HILL’S approved vendor list, for the years 2016, 2017 and 2018.26. Copies of all documents and/or information that would support your testimony regarding any of the issues as outlined in the 30 designated areas of deposition inquiry as listed on Schedule A. NOTE: IF UPON A GOOD FAITH REASON ORIGINALS ARE UNAVAILABLE, COPIES SHALL BE ACCEPTABLE. ADDITIONALLY, ALL OF THE ABOVE REQUESTS IN SCHEDULE “B & C” EXCLUDE ATTORNEY-CLIENT PRIVILEGED AND/OR WORK PRODUCT PROTECTED INFORMATION AND/OR DOCUMENTATION.