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Filing # 100504894 E-Filed 12/18/2019 12:35:07 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 FIRST REQUEST FOR PRODUCTION
OF DOCUMENTS SERVED WITH THE COMPLAINT
Plaintiff, DONNA BODNER (hereinafter referred to as “MS. BODNER’), by and
through her undersigned counsel and pursuant to Fla. R. Civ. P. 1.350, hereby requests
the Defendant, TOWER HILL SELECT INSURANCE COMPANY (“TOWER HILL”), to
produce at the office of Merlin Law Group, P.A., 777 S. Harbour Island Boulevard, Suite
950, Tampa, Florida 33602, the following documents for inspection, examination and
copying within forty-five (45) days of service, or at such time and place as may be agreed
upon between counsel, copies of all documents hereinafter described in the possession,
custody and control of TOWER HILL.
TOWER HILL will be in compliance with this First Request for Production, if TOWER
HILL provides to MS. BODNER’S attorney, a complete and legible copy of the requested
documents prior to the date fixed for production and make arrangements for the inspection
of all other items which cannot be copied at a time convenient to both MS. BODNER and
TOWER HILL.
Instructions
1. You are instructed either to produce documents as they are kept in the usual
course of business or to produce documents organized and labeled to correspond with the
12385372.DOCX;1categories in this Request. Documents are to be produced in full and unexpurgated form.
2. This Request shall be deemed continuing, if permitted by Rule, so as to require
further and supplemental production in the event that the party requested to produce, or any of
its attorneys, agents or representatives, obtains or discovers additional information or documents
between the time of the initial production and the time of hearing or trial.
3. If any documents covered by this Request are withheld by reason of a claim of
privilege, work product immunity or other ground of non-production, a list is to be furnished at the
time that documents are produced identifying each such documents for which the privilege is
claimed specifically by its nature (e.g., letter, memorandum, etc.) together with the following
information with respect to any such document withheld: author; recipient; sender; indicated or
blind copies; date; subject matter; basis on which the privilege is claimed; number of pages; and
the paragraph of this Request to which such document relates.
4. If a portion of an otherwise responsive document contains information that is
subject to a claim of privilege, only those portions of the document subject to the claim of privilege
shall be deleted or redacted from the document and the rest of the document shall be produced.
5. In the event that any document called for by this Request has been destroyed, lost,
discarded or otherwise disposed of, each such document is to be identified as completely as
possible, including, without limitation, the following information: author; recipient; sender; subject
matter; date prepared or received; date of disposal; person currently in possession of the
document; and the person disposing of the document.
6. All objections to any category of documents to be produced pursuant to this
Request or to any definition or instruction it contains shall be in writing and delivered to
defendant's counsel within the time provided in Florida Rule of Civil Procedure 1.350 or at such
other time as is agreed upon by the parties or ordered by this Court.
7. Where identification of a document is requested, please set forth the identity of its
author or originator, the date of such authorship or origination, the identity of each person to whom
the original or copy was addressed or delivered, the identity of each person known or reasonably
believed to have present possession, custody, or control thereof, and a brief description of the
subject matter thereof.
8. Where identification of a person is requested, please set forth the person's name,
last-known home and business address and telephone number, and relation to Plaintiff, if any.
Definitions
1. “Plaintiff’ means DONNA BODNER (“MS. BDONER’), her agents, employees, and
representatives.
2. “Defendant” and/or “you” and “your” means TOWER HILL SELECT INSURANCE
COMPANY (“TOWER HILL”), individually or any representatives or agents who are authorized
to act on TOWER HILL’S behalf.
3. The term "representative" as used herein with regard to a person or entity means
and includes each and every present and former director, officer, partner, employee, agent,
independent consultant or expert or other person (including attorneys), such as friends, relatives
T2385372.DOCX:1 2and spouse, acting or purporting to act on behalf of the person or entity.
4. The term "document" or "documents" is used in its broadest sense and includes,
without limitation, drafts, documents whether printed, recorded, stored or reproduced by any
mechanical or electronic process, or written or produced by hand, and including computer tapes
(including backup tapes) and all other computer-related documents, within your possession,
custody or control. "Documents" shall also include (1) each copy that is not identical to the original
or to any other copy, and (2) any tangible thing that is called for by or identified in response to any
request. "Document" as used herein shall be construed broadly to include all documents and
things within the scope of Florida Rule of Civil Procedure 1.340 and refers to all writings or other
graphic matter, as well as any other medium by which information is stored or recorded. It
includes originals, drafts, copies and reproductions; and it includes, without limiting the generality
of the foregoing, letters; memoranda; reports and/or summaries of investigations; police reports;
accident reports; opinions or reports of consultants; diagrams; marginal comments appearing on
any documents; accounts; telegrams; studies; lists of persons attending meetings or conferences;
records or memoranda of telephone conversations; written statements; transcripts or recorded
statements; recorded statements; records of personal conversations or interviews; calculations;
computations; specifications; drawings; advertisements; circulars; trade letters; press releases;
prints; recordings; positive or negative films, slides or photographs; magnetic, electronic or video
tapes; computer tapes, cards or printouts; and all other things of like nature; and any and all
containers, boxes or other receptacles or repositories housing or containing such "documents."
5. The term "communication" shall mean any transmission of information by any
means, including, without limitation, by spoken language, electronic transmission of data or any
other means. The term "communication" shall include, without limitation, any copies of written
information received by the person or entity responding to this request, even if such person or
entity is not the primary or direct addressee of such written information.
6. The term "referring" or "relating" shall mean showing, disclosing, averting to,
comprising, evidencing, constituting or reviewing.
7. "Person" means a natural person, firm, association, partnership, corporation or
other form of legal or business entity, public or private.
8. The singular includes the plural and vice versa; the words "and" and "or" shall be
both conjunctive and disjunctive; the word "all" means "any and all"; the word "any" means "any
and all"; the word "including" means "including, with limitation."
9. All other words have their plain and ordinary meaning.
T2385372.DOCX:1 3FIRST REQUEST FOR DOCUMENTS TO BE PRODUCED
Copies of all documentation of whatever kind or nature in your possession, custody
or control (excluding privileged and protected information and documentation)
concerning MS. BODNER’S claims of loss that occurred on or about October 10,
2018, and all files relating to TOWER HILL’S insureds, and her claim 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, documentation of the claim such as proofs of loss, damage
estimates, agreements (mediation orotherwise), reports or memoranda by TOWER
HILL’S adjuster regarding the extent of damage and the reasons for payment, delay,
withholding, or denial of the claim.
Copies of all documentation of whatever kind or nature in your possession, custody
or control concerning prior or subsequent insurance claim(s) (excluding privileged
and protected information and documentation) made by TOWER HILL’S insureds, to
either TOWER HILL or some other insurance carrier regarding claim(s) of loss other
than the October 10, 2018, claim, including but not limited to, copies of any insurance
policies, recorded statements, documentation of the claim such as proofs of loss,
damage estimates, 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, as well as
copies of all correspondence to or from the insured regarding this claim(s).
Copies 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.
Copies of all correspondence, notices, reports or other communications between
you and your representatives and MS. BODNER and/or her representatives
regarding the hurricane and/or hurricane-force winds loss, and ensuing damages at
the insured premises located at 410 E. Beach Street Panama City, Bay County,
Florida.
Copies of all documents, including but not limited to, correspondence, notes,
reports, memoranda, calendars, journals, telephone messages, notices, e-mails,
etc., which in anyway relate to inquires, investigations, criminal charges and
meetings by or with civil authorities concerning October 10, 2018 and Hurricane
Irma and/or hurricane-force winds, and ensuing damages, which are the subject
of MS. BODNER’S Complaint. This includes, but is not limited to, city, county,
state and federal authorities.
Copies of all letters from TOWER HILL that deny, authorize payment, or withhold
payment of the claims that are the subject of this litigation, as well as copies of all
correspondence to or from MS. BODNER regarding hurricane and/or hurricane-force
winds loss, and ensuing damage claim.
Copies of all photographs, estimates, sketches, drawings, field notes, reports relied
upon by you, reports prepared by you or prepared for you or on your behalf or on
T2385372.DOCX:1 410.
11.
12.
13.
14.
15.
16.
17.
behalf of TOWER HILL in this litigation regarding MS. BODNER’S October 10, 2018,
hurricane and/or hurricane-force winds loss, and ensuing damage claim, as well as
any and all original photographs and/or videotapes taken of the insured property
located at 410 E. Beach Street Panama City, Bay County, Florida. This request
includes any and all photographic logs and videotape logs related to such
photographs or videotapes.
Copies of all damage inventories received by you and upon which you relied in
reaching your conclusions concerning valuation of the losses.
Copies of all documents relied upon by you in reaching any conclusions regarding
MS. BODNERS tables, guides, price lists, whatsoever used by you in determining
the valuation of the property of MS. BODNER, the methods of computation used by
you in arriving at valuation figures for the property, all reports, calculations, estimates
and the like relied upon by you in arriving at any and all figures used in determining
the damage to the property.
Any and all documents, statements, notes, measurements, test results and related
materials relied upon by you in reaching your conclusion to deny or refuse, withhold,
delay, or authorize payment of the claims.
With respect to Interrogatory No. 2, 2(A) and 2(B), served concurrently with this
Request for Production of Documents, produce any and all documents or records,
in whatever form, upon which you base your response to this Interrogatory.
With respect to Interrogatory No. 3, served concurrently with this Request for
Production of Documents, produce any and all documents or records, in whatever
form, upon which you base your response to this Interrogatory.
With respect to Interrogatory No. 4, served concurrently with this Request for
Production of Documents, produce any and all documents or records, in whatever
form, which you base your response to this Interrogatory.
With respect to Interrogatory No. 5 and 5(A), served concurrently with this Request
for Production of Documents, produce any and all documents or records, in
whatever form, which you base your response to this Interrogatory.
With respect to Interrogatory No. 6, served concurrently with this Request for
Production of Documents, produce any and all documents or records, in whatever
form, which you base your response to this Interrogatory.
With respect to Interrogatory No. 7, served concurrently with this Request for
Production of Documents, produce any and all documents or records, in whatever
form, which you base your response to this Interrogatory.
With respect to Interrogatory No. 8, served concurrently with this Request for
Production of Documents, produce any and all documents or records, in whatever
form, which you base your response to this Interrogatory.
T2385372.DOCX:1 518.
19.
20.
21.
22.
23.
24,
25.
26.
27.
28.
With respect to Interrogatory No. 9, served concurrently with this Request for
Production of Documents, produce any and all documents or records, in whatever
form, which you base your response to this Interrogatory.
With respect to Interrogatory No. 10, served concurrently with this Request for
Production of Documents, produce any and all documents or records, in whatever
form, which you base your response to this Interrogatory.
With respect to Interrogatory No. 11, served concurrently with this Request for
Production of Documents, produce any and all documents or records, in whatever
form, which you base your response to this Interrogatory.
With respect to Interrogatory No. 12, served concurrently with this Request for
Production of Documents, produce any and all documents or records, in whatever
form, which you base your response to this Interrogatory.
With respect to Interrogatory No. 13, served concurrently with this Request for
Production of Documents, produce any and all documents or records, in whatever
form, which you base your response to this Interrogatory.
With respect to Interrogatory No. 14, served concurrently with this Request for
Production of Documents, produce any and all documents or records, in whatever
form, which you base your response to this Interrogatory.
With respect to Interrogatory No. 15, served concurrently with this Request for
Production of Documents, produce any and all documents or records, in whatever
form, which you base your response to this Interrogatory.
With respect to Interrogatory No. 16, served concurrently with this Request for
Production of Documents, produce any and all documents or records, in whatever
form, which you base your response to this Interrogatory.
With respect to Interrogatory No. 17, served concurrently with this Request for
Production of Documents, produce any and all documents or records, in whatever
form, which you base your response to this Interrogatory.
Copies of any report, printout, log, in whatever form, 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."
Copies of any report, printout, log, in whatever form, of all cases/claims that
TOWER HILL’S expert(s) and/or their professional associations, retained in this
case, testified TOWER HILLS behalf, including but not limited to, affidavits,
' Note: this area of inquiry is limited to only those experts who were retained 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) that
concern, refer, or relate to any issue(s) of this cause of action.
T2385372.DOCX:1 629.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
deposition or trial testimony, within the last three (3) years.?
Copies of any report, printout, log, in whatever form, of the amount of monies (and
dates of payment) TOWER HILL paid to its expert(s) and/or their professional
associations in this case, 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).3
Certified copy of the insurance policy at issue in this litgation.
A complete copy of the entire underwriting file, cover to cover, pertaining MS.
BODNER’S insured property located 410 E. Beach Street Panama City, Bay
County, Florida, excluding any information on how the premium is calculated.
Copies of any and all documentation provided to TOWER HILL 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 presuit 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 and 2018 wherein any
presuit vendor, independent adjusting company, consultant or expert TOWER HILL
relied on in the instant matter is listed on.
Copies of any documentation and/or information, for the years 2016, 2017 and
2018, that TOWER HILL provides to any independent adjusting company, vendor,
consultant or expert that seeks to be listed on TOWER HILL 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 utlized by TOWER HILL to approve 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.
A copy of the current curriculum vitaes (resumes) for all damage personnel and/or
individual(s) or company(ies) TOWER HILL hired pre-suit to investigate the extent
and nature of the damages and the cause of the damages, wherein reports of
these individuals where provided to the insureds.
A copy, in color if applicable, of the entire file (cover to cover) and all documents
in the possession, custody, or control of all damage personnel, independent
? Same limitations as outlined footnote one.
3 Same limitations as outlined footnote one.
T2385372.DOCX:1 7adjusters, consultants, and/or individual(s) or company(ies) retained presuit by
TOWER HILL which relate to MS. BODNER’S insured property located at 410 E.
Beach Street Panama City, Bay County, Florida, including, but not limited to the
following:
* Correspondence, faxes, letters, memoranda, handwritten notes
+ Field notes, drawings, samples, diagrams, charts, sketches, blueprints,
calculations, itemized summaries, permits, work orders
+ Photographs and videos (in their native format)
* Daily logs, diaries, calendars, timelines, or similar documents purporting
to record events or conditions at the insured property
+ Reports, estimates data, analysis, summary, evaluation, memorandum
and/or other documents outlining the findings and/or opinions
40. 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).
T2385372.DOCX:1 841. Copies of all documents you intend to offer as evidence, the foundation for the
introduction of any evidence, any evidence you may use to refresh the memory of
any witness you may call to testify at the trial of this litigation, or any document you
may ask the Court to take judicial notice of.
42. Copies of all reports or other documents of all expert witnesses who you will or may
call to testify at the trial of this litigation.
43. Copies of all written documents, transcripts, memoranda, invoices, statements,
and any other similar documents as defined and allowed by the Florida Rules of
Civil Procedure which are not privileged which support any and all alleged
damages sustained by MS. BODNER with respect to the pending action.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that on December 18, 2019, the foregoing has been furnished
via electronic transmittal to: Florida Chief Financial Officer as Registered Agent, 200 E.
Gaines Street, Tallahassee, Florida 32314-6100, for service upon the Defendant with the
Complaint.
Lit David J, Pettinato- ___
DAVID J. PETTINATO, ESQUIRE
Florida Bar Number: 062324
MERLIN LAW GROUP, P.A.
777 S. Harbour Island Blvd., Suite 950
Tampa, Florida 33602
Telephone: (813) 229-1000
Fax: (813) 229-3692
Attorney for Plaintiffs
dpettinato@merliniawgroup.com
smerriett@merlinlawgroup.com
trodriguez@merlinlawgroup.com
T2385372.DOCX:1 9
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Filing # 100504894 E-Filed 12/18/2019 12:35:07 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 FIRST REQUEST FOR PRODUCTION OF DOCUMENTS SERVED WITH THE COMPLAINT Plaintiff, DONNA BODNER (hereinafter referred to as “MS. BODNER’), by and through her undersigned counsel and pursuant to Fla. R. Civ. P. 1.350, hereby requests the Defendant, TOWER HILL SELECT INSURANCE COMPANY (“TOWER HILL”), to produce at the office of Merlin Law Group, P.A., 777 S. Harbour Island Boulevard, Suite 950, Tampa, Florida 33602, the following documents for inspection, examination and copying within forty-five (45) days of service, or at such time and place as may be agreed upon between counsel, copies of all documents hereinafter described in the possession, custody and control of TOWER HILL. TOWER HILL will be in compliance with this First Request for Production, if TOWER HILL provides to MS. BODNER’S attorney, a complete and legible copy of the requested documents prior to the date fixed for production and make arrangements for the inspection of all other items which cannot be copied at a time convenient to both MS. BODNER and TOWER HILL. Instructions 1. You are instructed either to produce documents as they are kept in the usual course of business or to produce documents organized and labeled to correspond with the 12385372.DOCX;1categories in this Request. Documents are to be produced in full and unexpurgated form. 2. This Request shall be deemed continuing, if permitted by Rule, so as to require further and supplemental production in the event that the party requested to produce, or any of its attorneys, agents or representatives, obtains or discovers additional information or documents between the time of the initial production and the time of hearing or trial. 3. If any documents covered by this Request are withheld by reason of a claim of privilege, work product immunity or other ground of non-production, a list is to be furnished at the time that documents are produced identifying each such documents for which the privilege is claimed specifically by its nature (e.g., letter, memorandum, etc.) together with the following information with respect to any such document withheld: author; recipient; sender; indicated or blind copies; date; subject matter; basis on which the privilege is claimed; number of pages; and the paragraph of this Request to which such document relates. 4. If a portion of an otherwise responsive document contains information that is subject to a claim of privilege, only those portions of the document subject to the claim of privilege shall be deleted or redacted from the document and the rest of the document shall be produced. 5. In the event that any document called for by this Request has been destroyed, lost, discarded or otherwise disposed of, each such document is to be identified as completely as possible, including, without limitation, the following information: author; recipient; sender; subject matter; date prepared or received; date of disposal; person currently in possession of the document; and the person disposing of the document. 6. All objections to any category of documents to be produced pursuant to this Request or to any definition or instruction it contains shall be in writing and delivered to defendant's counsel within the time provided in Florida Rule of Civil Procedure 1.350 or at such other time as is agreed upon by the parties or ordered by this Court. 7. Where identification of a document is requested, please set forth the identity of its author or originator, the date of such authorship or origination, the identity of each person to whom the original or copy was addressed or delivered, the identity of each person known or reasonably believed to have present possession, custody, or control thereof, and a brief description of the subject matter thereof. 8. Where identification of a person is requested, please set forth the person's name, last-known home and business address and telephone number, and relation to Plaintiff, if any. Definitions 1. “Plaintiff’ means DONNA BODNER (“MS. BDONER’), her agents, employees, and representatives. 2. “Defendant” and/or “you” and “your” means TOWER HILL SELECT INSURANCE COMPANY (“TOWER HILL”), individually or any representatives or agents who are authorized to act on TOWER HILL’S behalf. 3. The term "representative" as used herein with regard to a person or entity means and includes each and every present and former director, officer, partner, employee, agent, independent consultant or expert or other person (including attorneys), such as friends, relatives T2385372.DOCX:1 2and spouse, acting or purporting to act on behalf of the person or entity. 4. The term "document" or "documents" is used in its broadest sense and includes, without limitation, drafts, documents whether printed, recorded, stored or reproduced by any mechanical or electronic process, or written or produced by hand, and including computer tapes (including backup tapes) and all other computer-related documents, within your possession, custody or control. "Documents" shall also include (1) each copy that is not identical to the original or to any other copy, and (2) any tangible thing that is called for by or identified in response to any request. "Document" as used herein shall be construed broadly to include all documents and things within the scope of Florida Rule of Civil Procedure 1.340 and refers to all writings or other graphic matter, as well as any other medium by which information is stored or recorded. It includes originals, drafts, copies and reproductions; and it includes, without limiting the generality of the foregoing, letters; memoranda; reports and/or summaries of investigations; police reports; accident reports; opinions or reports of consultants; diagrams; marginal comments appearing on any documents; accounts; telegrams; studies; lists of persons attending meetings or conferences; records or memoranda of telephone conversations; written statements; transcripts or recorded statements; recorded statements; records of personal conversations or interviews; calculations; computations; specifications; drawings; advertisements; circulars; trade letters; press releases; prints; recordings; positive or negative films, slides or photographs; magnetic, electronic or video tapes; computer tapes, cards or printouts; and all other things of like nature; and any and all containers, boxes or other receptacles or repositories housing or containing such "documents." 5. The term "communication" shall mean any transmission of information by any means, including, without limitation, by spoken language, electronic transmission of data or any other means. The term "communication" shall include, without limitation, any copies of written information received by the person or entity responding to this request, even if such person or entity is not the primary or direct addressee of such written information. 6. The term "referring" or "relating" shall mean showing, disclosing, averting to, comprising, evidencing, constituting or reviewing. 7. "Person" means a natural person, firm, association, partnership, corporation or other form of legal or business entity, public or private. 8. The singular includes the plural and vice versa; the words "and" and "or" shall be both conjunctive and disjunctive; the word "all" means "any and all"; the word "any" means "any and all"; the word "including" means "including, with limitation." 9. All other words have their plain and ordinary meaning. T2385372.DOCX:1 3FIRST REQUEST FOR DOCUMENTS TO BE PRODUCED Copies of all documentation of whatever kind or nature in your possession, custody or control (excluding privileged and protected information and documentation) concerning MS. BODNER’S claims of loss that occurred on or about October 10, 2018, and all files relating to TOWER HILL’S insureds, and her claim 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, documentation of the claim such as proofs of loss, damage estimates, agreements (mediation orotherwise), reports or memoranda by TOWER HILL’S adjuster regarding the extent of damage and the reasons for payment, delay, withholding, or denial of the claim. Copies of all documentation of whatever kind or nature in your possession, custody or control concerning prior or subsequent insurance claim(s) (excluding privileged and protected information and documentation) made by TOWER HILL’S insureds, to either TOWER HILL or some other insurance carrier regarding claim(s) of loss other than the October 10, 2018, claim, including but not limited to, copies of any insurance policies, recorded statements, documentation of the claim such as proofs of loss, damage estimates, 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, as well as copies of all correspondence to or from the insured regarding this claim(s). Copies 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. Copies of all correspondence, notices, reports or other communications between you and your representatives and MS. BODNER and/or her representatives regarding the hurricane and/or hurricane-force winds loss, and ensuing damages at the insured premises located at 410 E. Beach Street Panama City, Bay County, Florida. Copies of all documents, including but not limited to, correspondence, notes, reports, memoranda, calendars, journals, telephone messages, notices, e-mails, etc., which in anyway relate to inquires, investigations, criminal charges and meetings by or with civil authorities concerning October 10, 2018 and Hurricane Irma and/or hurricane-force winds, and ensuing damages, which are the subject of MS. BODNER’S Complaint. This includes, but is not limited to, city, county, state and federal authorities. Copies of all letters from TOWER HILL that deny, authorize payment, or withhold payment of the claims that are the subject of this litigation, as well as copies of all correspondence to or from MS. BODNER regarding hurricane and/or hurricane-force winds loss, and ensuing damage claim. Copies of all photographs, estimates, sketches, drawings, field notes, reports relied upon by you, reports prepared by you or prepared for you or on your behalf or on T2385372.DOCX:1 410. 11. 12. 13. 14. 15. 16. 17. behalf of TOWER HILL in this litigation regarding MS. BODNER’S October 10, 2018, hurricane and/or hurricane-force winds loss, and ensuing damage claim, as well as any and all original photographs and/or videotapes taken of the insured property located at 410 E. Beach Street Panama City, Bay County, Florida. This request includes any and all photographic logs and videotape logs related to such photographs or videotapes. Copies of all damage inventories received by you and upon which you relied in reaching your conclusions concerning valuation of the losses. Copies of all documents relied upon by you in reaching any conclusions regarding MS. BODNERS tables, guides, price lists, whatsoever used by you in determining the valuation of the property of MS. BODNER, the methods of computation used by you in arriving at valuation figures for the property, all reports, calculations, estimates and the like relied upon by you in arriving at any and all figures used in determining the damage to the property. Any and all documents, statements, notes, measurements, test results and related materials relied upon by you in reaching your conclusion to deny or refuse, withhold, delay, or authorize payment of the claims. With respect to Interrogatory No. 2, 2(A) and 2(B), served concurrently with this Request for Production of Documents, produce any and all documents or records, in whatever form, upon which you base your response to this Interrogatory. With respect to Interrogatory No. 3, served concurrently with this Request for Production of Documents, produce any and all documents or records, in whatever form, upon which you base your response to this Interrogatory. With respect to Interrogatory No. 4, served concurrently with this Request for Production of Documents, produce any and all documents or records, in whatever form, which you base your response to this Interrogatory. With respect to Interrogatory No. 5 and 5(A), served concurrently with this Request for Production of Documents, produce any and all documents or records, in whatever form, which you base your response to this Interrogatory. With respect to Interrogatory No. 6, served concurrently with this Request for Production of Documents, produce any and all documents or records, in whatever form, which you base your response to this Interrogatory. With respect to Interrogatory No. 7, served concurrently with this Request for Production of Documents, produce any and all documents or records, in whatever form, which you base your response to this Interrogatory. With respect to Interrogatory No. 8, served concurrently with this Request for Production of Documents, produce any and all documents or records, in whatever form, which you base your response to this Interrogatory. T2385372.DOCX:1 518. 19. 20. 21. 22. 23. 24, 25. 26. 27. 28. With respect to Interrogatory No. 9, served concurrently with this Request for Production of Documents, produce any and all documents or records, in whatever form, which you base your response to this Interrogatory. With respect to Interrogatory No. 10, served concurrently with this Request for Production of Documents, produce any and all documents or records, in whatever form, which you base your response to this Interrogatory. With respect to Interrogatory No. 11, served concurrently with this Request for Production of Documents, produce any and all documents or records, in whatever form, which you base your response to this Interrogatory. With respect to Interrogatory No. 12, served concurrently with this Request for Production of Documents, produce any and all documents or records, in whatever form, which you base your response to this Interrogatory. With respect to Interrogatory No. 13, served concurrently with this Request for Production of Documents, produce any and all documents or records, in whatever form, which you base your response to this Interrogatory. With respect to Interrogatory No. 14, served concurrently with this Request for Production of Documents, produce any and all documents or records, in whatever form, which you base your response to this Interrogatory. With respect to Interrogatory No. 15, served concurrently with this Request for Production of Documents, produce any and all documents or records, in whatever form, which you base your response to this Interrogatory. With respect to Interrogatory No. 16, served concurrently with this Request for Production of Documents, produce any and all documents or records, in whatever form, which you base your response to this Interrogatory. With respect to Interrogatory No. 17, served concurrently with this Request for Production of Documents, produce any and all documents or records, in whatever form, which you base your response to this Interrogatory. Copies of any report, printout, log, in whatever form, 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." Copies of any report, printout, log, in whatever form, of all cases/claims that TOWER HILL’S expert(s) and/or their professional associations, retained in this case, testified TOWER HILLS behalf, including but not limited to, affidavits, ' Note: this area of inquiry is limited to only those experts who were retained 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) that concern, refer, or relate to any issue(s) of this cause of action. T2385372.DOCX:1 629. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. deposition or trial testimony, within the last three (3) years.? Copies of any report, printout, log, in whatever form, of the amount of monies (and dates of payment) TOWER HILL paid to its expert(s) and/or their professional associations in this case, 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).3 Certified copy of the insurance policy at issue in this litgation. A complete copy of the entire underwriting file, cover to cover, pertaining MS. BODNER’S insured property located 410 E. Beach Street Panama City, Bay County, Florida, excluding any information on how the premium is calculated. Copies of any and all documentation provided to TOWER HILL 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 presuit 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 and 2018 wherein any presuit vendor, independent adjusting company, consultant or expert TOWER HILL relied on in the instant matter is listed on. Copies of any documentation and/or information, for the years 2016, 2017 and 2018, that TOWER HILL provides to any independent adjusting company, vendor, consultant or expert that seeks to be listed on TOWER HILL 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 utlized by TOWER HILL to approve 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. A copy of the current curriculum vitaes (resumes) for all damage personnel and/or individual(s) or company(ies) TOWER HILL hired pre-suit to investigate the extent and nature of the damages and the cause of the damages, wherein reports of these individuals where provided to the insureds. A copy, in color if applicable, of the entire file (cover to cover) and all documents in the possession, custody, or control of all damage personnel, independent ? Same limitations as outlined footnote one. 3 Same limitations as outlined footnote one. T2385372.DOCX:1 7adjusters, consultants, and/or individual(s) or company(ies) retained presuit by TOWER HILL which relate to MS. BODNER’S insured property located at 410 E. Beach Street Panama City, Bay County, Florida, including, but not limited to the following: * Correspondence, faxes, letters, memoranda, handwritten notes + Field notes, drawings, samples, diagrams, charts, sketches, blueprints, calculations, itemized summaries, permits, work orders + Photographs and videos (in their native format) * Daily logs, diaries, calendars, timelines, or similar documents purporting to record events or conditions at the insured property + Reports, estimates data, analysis, summary, evaluation, memorandum and/or other documents outlining the findings and/or opinions 40. 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). T2385372.DOCX:1 841. Copies of all documents you intend to offer as evidence, the foundation for the introduction of any evidence, any evidence you may use to refresh the memory of any witness you may call to testify at the trial of this litigation, or any document you may ask the Court to take judicial notice of. 42. Copies of all reports or other documents of all expert witnesses who you will or may call to testify at the trial of this litigation. 43. Copies of all written documents, transcripts, memoranda, invoices, statements, and any other similar documents as defined and allowed by the Florida Rules of Civil Procedure which are not privileged which support any and all alleged damages sustained by MS. BODNER with respect to the pending action. CERTIFICATE OF SERVICE | HEREBY CERTIFY that on December 18, 2019, the foregoing has been furnished via electronic transmittal to: Florida Chief Financial Officer as Registered Agent, 200 E. Gaines Street, Tallahassee, Florida 32314-6100, for service upon the Defendant with the Complaint. Lit David J, Pettinato- ___ DAVID J. PETTINATO, ESQUIRE Florida Bar Number: 062324 MERLIN LAW GROUP, P.A. 777 S. Harbour Island Blvd., Suite 950 Tampa, Florida 33602 Telephone: (813) 229-1000 Fax: (813) 229-3692 Attorney for Plaintiffs dpettinato@merliniawgroup.com smerriett@merlinlawgroup.com trodriguez@merlinlawgroup.com T2385372.DOCX:1 9