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Filing # 103291029 E-Filed 02/13/2020 04:15:21 PM
IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT
IN AND FOR BAY COUNTY, FLORIDA
DONNA BODNER,
Plaintiff,
CASE NO.: 19-004473-CA
vs.
TOWER HILL SELECT INSURANCE COMPANY,
Defendant.
DEFENDANT’S FIRST REQUEST FOR PRODUCTION TO PLAINTIFF
Defendant, TOWER HILL SELECT INSURANCE COMPANY, pursuant to Fla.R.Civ.P.
1,350 requests the above named Plaintiff produce for inspection, copying and all other purposes
within thirty (30) days of the date of this request, which are not work product to the law offices of
Wade, Palmer & Shoemaker, P.A., 14 N. Palafox Street, Pensacola, FL 32502, the following:
I. Definitions
A. Unless otherwise limited, the term "Plaintiff' or “Plaintiffs” as used herein shall mean
the Plaintiffs, their agents, servants, employees, attorneys, expert witnesses, accountant, auditors and
all other persons over whom the Plaintiff has control or authority or who have been hired, retained
or employed for any purposes by the Plaintiff.
B. Unless otherwise limited, the term "Document" as used herein shall refer to
correspondence, drafts, and file copies of letters, memoranda, interoffice memoranda, intra-office
memoranda, handwritten notes, memoranda of telephone conversations or meetings, diaries,
calendars, appointment books, accounts, records of account, journals, ledgers, corporate record
books, canceled checks, bank books and bank statements, recordings, transcriptions, compilationsor writing or things of any kind related to the category in question, including all drafts or copies
thereof, however made or reproduced, all paper material of any kind, whether written, typed, printed,
punched, filed or marked in any way, recording tape or wires, films, photographs, movies, or any
graphic matter however produced or reproduced and all mechanical or electronic recordings or
transcriptions thereof.
Il. Categories of documents
A. Please produce the following documents:
1. Policy of homeowners insurance, flood insurance, wind insurance, multi-peril
insurance or any other insurance that provided coverage to the subject property in effect on October
10, 2018, or that has been obtained since October 10, 2018.
2. All documents generated by you, on your own initiative, or at the request of the
homeowners carrier, fire carrier, flood carrier, multi-peril carrier and/or the wind carrier related to
damages or losses from the storm event on or about October 10, 2018.
3. All documents delivered to you by, or on behalf, of an insurance company insuring
the property and related to the subject property.
4. All reports, estimates, bills, licenses, resumes and/or other credentials of every
contractor, repairman, or appraiser who inspected, surveyed and/or repaired any part of your property
that you claim was damaged or destroyed by the storm event on or about October 10, 2018.
5S. All statements taken from Defendant or statements from any representative of
Defendant, including contract adjusters and engineers, however preserved, concerning any issue in
this case.
6. All photographs, motion pictures, diagrams, models, or videotapes of the subject
property created after October 10, 2018.7. Photographs, videotapes, and any other material of any kind or nature whether in
hardcopy or stored digitally or otherwise depicting the condition of the property subject to this
litigation prior to October 10, 2018.
8. All documents and correspondence received by you from Defendant, its agents,
employees, or other representatives from March 1, 2013, to the present.
9. All documents reflecting any debt or secured interest held by any person or entity
against the subject property after January 1, 2018, including, but not limited to, mortgages,
promissory notes, liens, etc.
10. All documents relating to contents you claim were damaged, lost, or destroyed as a
result of the storm event on or about October 10, 2018, including, bills, receipts, check registers,
canceled checks, credit card receipts and inventories.
11. All documents provided to you by, or on behalf of, the city or county government
entity after October 10, 2018, that related to the subject property.
12. Acopy of each agreement entered into with any public adjuster regarding any issue
in this law suit.
13. Any and all expert reports generated for the property after October 10, 2018,
including, but not limited to, reports generated by engineers, construction experts/professionals,
government inspectors, and flood adjusters.
14. All contracts and exhibits thereto made between you and any contractor for repairs
resulting for damages claimed from the storm event on or about October 10, 2018.
15. Receipts and proof of payments to any contractor or vendor for services for repair or
remediation that makes the basis for your claim,16. All claims, claim forms, proofs of claim, proof of loss, and any and all of the
documents of any kind or nature which you have completed and submitted or intend to submit, to
any insurance carrier with regard to damage caused to the property which is the subject of this
litigation by, or during, the storm event on or about October 10, 2018.
17, All claims, claim forms, proofs of claim, and any and all other documents of any kind
or nature which you have completed or submitted, or intend to submit, to any governmental agency
with regard to damage caused to the property which is the subject of this litigation by or during the
storm event on or about October 10, 2018.
18. Acopyofany documents evidencing repairs or maintenance to the property from five
years prior to the subject loss to the present.
19. | Documents related to any sale of the subject property subsequent to Hurricane
Michael including, but not limited to, all closing documents, appraisals, inspections, surveys, sales
contracts, correspondence and photographs.
20. All documents that would support the allegations of your Complaint, or were relied
upon, or referenced in preparation of your response to Citizens’ Interrogatories served concurrently
with this Request for Production of Documents.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing has been provided to the following by
Florida Courts E-Filing Portal on this \W": day of Cuvee , 2020:
David J. Pettinato
Merlin Law Group, P.A.
777 S. Harbour Island Blvd., Suite 950
Tampa, FL 33602
dpettinato@merlinlawgroup.com
smerriett(@merlinlawgroup.com
rigue: erlinlawgroup.com
Attorney for Plaintiffs/Gregory M. Shoemaker
Gregory M. Shoemaker
Florida Bar No.: 883890
WADE, PALMER & SHOEMAKER, P. A.
14 N Palafox Street
Pensacola, Florida 32502
(850) 429-0755
shoemake: slawyers.com
ssmith@wpslawyers.com
eschreinet slawyers.com
Attorney for Defendant
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Filing # 103291029 E-Filed 02/13/2020 04:15:21 PM IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT IN AND FOR BAY COUNTY, FLORIDA DONNA BODNER, Plaintiff, CASE NO.: 19-004473-CA vs. TOWER HILL SELECT INSURANCE COMPANY, Defendant. DEFENDANT’S FIRST REQUEST FOR PRODUCTION TO PLAINTIFF Defendant, TOWER HILL SELECT INSURANCE COMPANY, pursuant to Fla.R.Civ.P. 1,350 requests the above named Plaintiff produce for inspection, copying and all other purposes within thirty (30) days of the date of this request, which are not work product to the law offices of Wade, Palmer & Shoemaker, P.A., 14 N. Palafox Street, Pensacola, FL 32502, the following: I. Definitions A. Unless otherwise limited, the term "Plaintiff' or “Plaintiffs” as used herein shall mean the Plaintiffs, their agents, servants, employees, attorneys, expert witnesses, accountant, auditors and all other persons over whom the Plaintiff has control or authority or who have been hired, retained or employed for any purposes by the Plaintiff. B. Unless otherwise limited, the term "Document" as used herein shall refer to correspondence, drafts, and file copies of letters, memoranda, interoffice memoranda, intra-office memoranda, handwritten notes, memoranda of telephone conversations or meetings, diaries, calendars, appointment books, accounts, records of account, journals, ledgers, corporate record books, canceled checks, bank books and bank statements, recordings, transcriptions, compilationsor writing or things of any kind related to the category in question, including all drafts or copies thereof, however made or reproduced, all paper material of any kind, whether written, typed, printed, punched, filed or marked in any way, recording tape or wires, films, photographs, movies, or any graphic matter however produced or reproduced and all mechanical or electronic recordings or transcriptions thereof. Il. Categories of documents A. Please produce the following documents: 1. Policy of homeowners insurance, flood insurance, wind insurance, multi-peril insurance or any other insurance that provided coverage to the subject property in effect on October 10, 2018, or that has been obtained since October 10, 2018. 2. All documents generated by you, on your own initiative, or at the request of the homeowners carrier, fire carrier, flood carrier, multi-peril carrier and/or the wind carrier related to damages or losses from the storm event on or about October 10, 2018. 3. All documents delivered to you by, or on behalf, of an insurance company insuring the property and related to the subject property. 4. All reports, estimates, bills, licenses, resumes and/or other credentials of every contractor, repairman, or appraiser who inspected, surveyed and/or repaired any part of your property that you claim was damaged or destroyed by the storm event on or about October 10, 2018. 5S. All statements taken from Defendant or statements from any representative of Defendant, including contract adjusters and engineers, however preserved, concerning any issue in this case. 6. All photographs, motion pictures, diagrams, models, or videotapes of the subject property created after October 10, 2018.7. Photographs, videotapes, and any other material of any kind or nature whether in hardcopy or stored digitally or otherwise depicting the condition of the property subject to this litigation prior to October 10, 2018. 8. All documents and correspondence received by you from Defendant, its agents, employees, or other representatives from March 1, 2013, to the present. 9. All documents reflecting any debt or secured interest held by any person or entity against the subject property after January 1, 2018, including, but not limited to, mortgages, promissory notes, liens, etc. 10. All documents relating to contents you claim were damaged, lost, or destroyed as a result of the storm event on or about October 10, 2018, including, bills, receipts, check registers, canceled checks, credit card receipts and inventories. 11. All documents provided to you by, or on behalf of, the city or county government entity after October 10, 2018, that related to the subject property. 12. Acopy of each agreement entered into with any public adjuster regarding any issue in this law suit. 13. Any and all expert reports generated for the property after October 10, 2018, including, but not limited to, reports generated by engineers, construction experts/professionals, government inspectors, and flood adjusters. 14. All contracts and exhibits thereto made between you and any contractor for repairs resulting for damages claimed from the storm event on or about October 10, 2018. 15. Receipts and proof of payments to any contractor or vendor for services for repair or remediation that makes the basis for your claim,16. All claims, claim forms, proofs of claim, proof of loss, and any and all of the documents of any kind or nature which you have completed and submitted or intend to submit, to any insurance carrier with regard to damage caused to the property which is the subject of this litigation by, or during, the storm event on or about October 10, 2018. 17, All claims, claim forms, proofs of claim, and any and all other documents of any kind or nature which you have completed or submitted, or intend to submit, to any governmental agency with regard to damage caused to the property which is the subject of this litigation by or during the storm event on or about October 10, 2018. 18. Acopyofany documents evidencing repairs or maintenance to the property from five years prior to the subject loss to the present. 19. | Documents related to any sale of the subject property subsequent to Hurricane Michael including, but not limited to, all closing documents, appraisals, inspections, surveys, sales contracts, correspondence and photographs. 20. All documents that would support the allegations of your Complaint, or were relied upon, or referenced in preparation of your response to Citizens’ Interrogatories served concurrently with this Request for Production of Documents. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing has been provided to the following by Florida Courts E-Filing Portal on this \W": day of Cuvee , 2020: David J. Pettinato Merlin Law Group, P.A. 777 S. Harbour Island Blvd., Suite 950 Tampa, FL 33602 dpettinato@merlinlawgroup.com smerriett(@merlinlawgroup.com rigue: erlinlawgroup.com Attorney for Plaintiffs/Gregory M. Shoemaker Gregory M. Shoemaker Florida Bar No.: 883890 WADE, PALMER & SHOEMAKER, P. A. 14 N Palafox Street Pensacola, Florida 32502 (850) 429-0755 shoemake: slawyers.com ssmith@wpslawyers.com eschreinet slawyers.com Attorney for Defendant