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Filing # 96143954 E-Filed 09/23/2019 03:35:50 PM
1933233
IN THE CIRCUIT COURT OF THE 14TH JUDICIAL
CIRCUIT IN AND FOR BAY COUNTY, FLORIDA
CASE NO. 19001054CA
TIMOTHY CYR and JESSICA CYR,
Plaintiffs,
Vv.
EDISON INSURANCE COMPANY,
Defendant.
/
DEFENDANT'S NOTICE OF SERVICE ANSWERS TO PLAINTIFF’S FIRST SET OF
INTERROGATORIES
COMES NOW, the Defendant, Edison Insurance Company, by and through the
Law Offices of Conroy Simberg and hereby files its Answers to Plaintiffs First
Interrogatories:
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a copy hereof has been furnished by service through the
eportal to J. Morgan, Jr., Esq., Morgan Law Group, P.A., 55 Merrick Way, Suite 404, Coral
Gables, FL 33134, Attorney for Plaintiffs, mlg.eservice@morganlawgroup.net on this
23 day of September, 2019.
CONROY SIMBERG
Attorney for Defendant, Edison Insurance Company
3440 Hollywood Boulevard, Second Floor
Hollywood, FL 33021
Telephone: 954-961-1400
Facsimile: 954- 967-8577
Primary Email: eservicehwd@conroysimberg.com
Secondary Email: Ifrye@conroysimberg.com
By: _/s/ Lateshia Frye
Lateshia Frye, Esquire
Florida Bar No. 103300CASE NO. 19001054CA
1. State your complete corporate name, nature of your business, whether you are
licensed to do business in the State of Florida, whether you maintain agents for the
transacting of your customary business in any particular county, and whether your name
as it appears in the Plaintiffs Complaint is correct.
ANSWER:
In accordance with Florida Rule of Civil Procedure 1.340(c) Defendant directs the
Plaintiff to its website located at https://www.floridapeninsula.com/.
2. State the name, residence address, business address, telephone number, and
position/job title of the individual answering these Interrogatories.
ANSWER:
Corporate Representative
Edison Insurance Company
903 N.W. 65" Street
Suite 200
Boca Raton, Florida 33487
With the assistance of defense counsel.
3. List the names, addresses and telephone numbers of all persons believed or
known by you, your agents or attorneys to have knowledge concerning any of the issues
raised by the pleadings, specifying the subject matter about which the witnesses have
knowledge and state whether you have obtained any statements (oral, written and/or
recorded) from any of said witnesses, list the dates any such witness statements were
taken, by whom any such witness statements were taken, and who has present
possession, custody and control of any such statements.
ANSWER:
Objection, vague and ambiguous as to “all persons”. To the extent Plaintiff seeks
the identification of anyone but the Corporate Representative on behalf of the
Defendant, Defendant further objects on the basis that this is an improper
discovery request. A corporation is permitted to identify and produce one or more
witness who can testify as to the corporation’s knowledge of the specified topics
designated by the Plaintiff, Defendant is not obligate to identify all persons with
knowledge. See Carriage Hills Condo., Inc. v. JBH Roofing & Constructors, Inc.,
109 So. 3d 329, 334 (Fla. 4th DCA 2013). Furthermore, seeking the identification of
all individuals involved in the claim process goes to bad faith discovery, and such
discovery is improper in a breach of contract action. See Maryland Casualty
Company v. Alicia Diagnostic, Inc., 961 So. 2d 1091, 1092 (Fla. 5 DCA
2007). Objection, vague and ambiguous as to the word “statement.” Subject to andCASE NO. 19001054CA
without waiving said objection, None. Defendant also identifies the following
individuals as having knowledge concerning any of the issues raised in the
pleadings:
The Plaintiff and their Public Adjuster, Attorney, and Morgan & Morgan P.A., are all
expected to have knowledge concerning the reported date of loss and claimed
damage resulting there from.
L.M.R. Public Adjusting Inc.
Public Adjusting Firm
8762 NW 415
Cooper City, Florida 33024
LMR Public Adjusting Inspected and adjusted the loss on behalf of the
Insureds
Charles Atkins
Atkins Services, LLC/ PuroClean Property Damage Expert
2405 Buchanan Rd SE
Cleveland, TN 37323
Icon Contracting Services
6605 SW 69 Ave
South Miami, Florida 33143
Icon installed the tarp on the subject property
Chad King
Licensed Adjuster
Crawford Catastrophe Services, LLC
5335 Triangle Parkway NW
Peachtree Corners GA 30092
Chad King inspected and photographed the property on behalf of Defendant
Brad Buckley
Independent adjuster
Insurance Claims Unlimited
Jonathan Williams, P.E.
Structural Engineer
Grindley Williams Engineering
4175 South Pipkin Road, Suite 210
Lakeland, Florida 33811CASE NO. 19001054CA
4. State any and all provisions of the subject policy relied upon by Defendant for
denial, non-payment and/or reduction of Plaintiff's claim.
ANSWER:
In accordance with Florida Rule of Civil Procedure 1.340(c) Defendant directs
Plaintiffs to its Coverage letter dated November 12, 2018, December 29, 2018,
January 21, 2019 and March 02, 2019 regarding Coverage A, wherein Defendant’s
coverage determination was outlined under the subject insurance policy and the
corresponding engineering report and estimates for the dwelling included.
5. List the names, residence addresses, business addresses and telephone numbers
of all persons who, on your behalf or on behalf of your agents or representatives, have in
any way participated in the investigations, adjusting or handling of the Plaintiff's claim
involved herein and specify the date and the nature of the participation of each such
person.
ANSWER:
Objection, vague and ambiguous as to “participated in the investigation, adjusting
or handling of the claim”. Defendant further objects on the basis that this is an
improper discovery request. Seeking the identification of all individuals involved
in the claim process goes to bad faith discovery, and such discovery is improper
in a breach of contract action. See Maryland Casualty Company v. Alicia
Diagnostic, Inc., 961 So. 2d 1091, 1092 (Fla. 5 DCA 2007). Subject to and without
waiving said objection, and pursuant to Florida Rule of Civil Procedure 1.340(c),
Defendant refers Plaintiff to its Coverage letters, engineering report and
photographs taken during inspection produced by defendant in response to
plaintiff's request for production.
6. Do you intend to call upon any expert witness at the trial of this case? If so, please
identify each witness as follows: his/her name, qualifications as an expert, substance of
their opinions to which they are expected to testify, summary of the factual grounds for
each opinion, and provide a list of all claim files and/or court cases for which you have
hired the same expert witness in the last two (2) years.
ANSWER:
Objection, Defendant will provide its expert disclosure along with corresponding
opinions and reports in accordance to Court’s Trial Order setting matter for Trial.
7. For any and all policy defenses which you reasonably believe are available with
regard to the claim made by the Plaintiff herein: describe in detail the factual and legal
basis for any such defenses and give complete names, residence addresses, business
addresses, and telephone numbers of each and every person believed or known by you,
4CASE NO. 19001054CA
your agents, representatives, or attorneys, to have any knowledge of the facts which
provide the basis for any such defenses.
ANSWER:
Defendant’s decision concerning the determination of coverage and the scope of
loss is based on the personal observations made by the field adjusters and
engineer during their inspection of the property and the terms, conditions,
limitations, and exclusions as set forth in the policy. The information made
available during the field adjusters and engineer investigation of the subject claim,
including the loss details as provided by the Insureds, and the estimates for repairs
of the property based on the field adjuster and public adjuster’s inspection of the
property all serve as factual support for the Defendant’s coverage decision.
In accordance with Florida Rule of Civil Procedure 1.340(c) Defendant directs
Plaintiffs to its affirmative defenses filed and Coverage letters dated November 12,
2018, December 29, 2018, January 21, 2019 and March 02, 2019 regarding Coverage
A, wherein Defendant’s coverage determination was outlined under the subject
insurance policy and the corresponding engineering report and estimates for the
dwelling included.
8. Provide a complete list of all payments made to or on behalf of the Plaintiff for the
subject loss, specifying the nature of the services rendered, the provider of the services,
the amount of the charges, the date the charges were incurred, the date you first had
notice of the charges, and the date the charges were paid by you.
ANSWER:
In accordance with Florida Rule of Civil Procedure 1.340(c) Security First directs
Plaintiffs to its Coverage letters dated November 12, 2018, December 29, 2018,
January 21, 2019 and March 02, 2019 regarding Coverage A, wherein Defendant’s
coverage determination was outlined under the subject insurance policy and the
corresponding statement of loss and estimates for the dwelling included.
9. List the names, addresses and official positions of each and every person in your
employ or in the employ of anyone on your behalf, who has had any involvement in the
review of the denial or withholding of payment of the Plaintiff's claim and state in what
capacity they were involved, the date they were involved and the nature of their
involvement.
ANSWER:
Objection, vague, ambiguous and overbroad as to “each and every person in your
employ or in the employ of anyone on your behalf”. Defendant objects on the basis
that this is an improper discovery request, seeking the identification of allCASE NO. 19001054CA
individuals involved in the claim process goes to bad faith discovery, and such
discovery is improper in a breach of contract action. See Maryland Casualty
Company v. Alicia Diagnostic, Inc., 961 So. 2d 1091, 1092 (Fla. 5 DCA
2007). Subject to and without waiving said objection, Defendant identifies the
following individuals as persons with knowledge or with possible possession
estimates, photographs, or recordings concerning the reported date of loss and
alleged damages resulting there from that comprise the subject matter of this
lawsuit.
Chad King
Licensed Adjuster
Crawford Catastrophe Services, LLC
5335 Triangle Parkway NW
Peachtree Corners GA 30092
Chad King inspected and photographed the property on behalf of Defendant
Brad Buckley
Independent adjuster
Insurance Claims Unlimited
Jonathan Williams, P.E.
Structural Engineer
Grindley Williams Engineering
4175 South Pipkin Road, Suite 210
Lakeland, Florida 33811
10. With regard to the Plaintiff's First Request to Produce, for each item on the Request
to Produce of which you are withholding production claiming any privilege (work
product/attorney-client/etc.), please state, with respect to each such document.
(a) |The date of the document; the number of pages of the
document; the type of document involved and its general subject
matter without disclosing its contents; and, the names, business
addresses, residence addresses and telephone numbers of all
persons who prepared the document or to whom the document was
directed.
In accordance with Florida Rule of Civil Procedure 1.340(c) Defendant directs
Plaintiffs to its privilege log in response to Plaintiffs’ request for production.CASE NO. 19001054CA
(b) — The privilege upon the Defendant relies on withholding the
document; all facts upon which the Defendant relies in support of the
privilege; the names, business addresses, residence addresses,
telephone numbers, positions and occupations of all persons known
or believed by Defendant to have knowledge concerning the factual
basis for Defendant’s assertion of privilege with regard to the
documents;
In accordance with Florida Rule of Civil Procedure 1.340(c) Defendant directs
Plaintiffs to its privilege log in response to Plaintiffs’ request for production.
(c) Any policy provisions, statutory language or case law which
Defendant relies upon in claiming the privilege.
In accordance with Florida Rule of Civil Procedure 1.340(c) Defendant directs
Plaintiffs to its privilege log in response to Plaintiffs’ request for production.
ANSWER:
11. With regard to each and every one of the above Interrogatories, for each
Interrogatory which you are refusing to answer, claiming a privilege (work
product/attorney-client/etc.), please state:
(a) The privilege upon which Defendant relies in refusing to
answer the Interrogatory, and, all facts which are relied upon in
support of the privilege.
Defendant defer Plaintiff to its objection cited within each independent
interrogatory.
(b) The names, residence addresses, business addresses,
telephone numbers, positions and occupations of all persons known
or believed by Defendant to have knowledge concerning the factual
basis for Defendant’s assertion of privilege with regard to the
information.
Objection, attorney-client privilege.
(c) Any policy provisions, statutory language or case law which
Defendant relies upon in claiming the privilege.
Defendant defer Plaintiff to its objection cited within each independent
interrogatory.CASE NO. 19001054CA
STATE OF FLORIDA
COUNTY OF
Before me, the undersigned authority, personally appeared :
who, being duly sworn, deposes and says that is the
of , an entity
named in the foregoing interrogatories and, as such, that ___ is authorized to give the
answers to the foregoing interrogatories, and that said answers are true and correct to
the best of knowledge and belief.
Subscribed and sworn to before me this___ day of , 2019.
NOTARY PUBLIC - State of Florida
(Print, type or stamp commissioned name of
Notary Public)
____ Personally known or
____ Produced identification:
Type of identification produced:
Preview
Filing # 96143954 E-Filed 09/23/2019 03:35:50 PM 1933233 IN THE CIRCUIT COURT OF THE 14TH JUDICIAL CIRCUIT IN AND FOR BAY COUNTY, FLORIDA CASE NO. 19001054CA TIMOTHY CYR and JESSICA CYR, Plaintiffs, Vv. EDISON INSURANCE COMPANY, Defendant. / DEFENDANT'S NOTICE OF SERVICE ANSWERS TO PLAINTIFF’S FIRST SET OF INTERROGATORIES COMES NOW, the Defendant, Edison Insurance Company, by and through the Law Offices of Conroy Simberg and hereby files its Answers to Plaintiffs First Interrogatories: CERTIFICATE OF SERVICE | HEREBY CERTIFY that a copy hereof has been furnished by service through the eportal to J. Morgan, Jr., Esq., Morgan Law Group, P.A., 55 Merrick Way, Suite 404, Coral Gables, FL 33134, Attorney for Plaintiffs, mlg.eservice@morganlawgroup.net on this 23 day of September, 2019. CONROY SIMBERG Attorney for Defendant, Edison Insurance Company 3440 Hollywood Boulevard, Second Floor Hollywood, FL 33021 Telephone: 954-961-1400 Facsimile: 954- 967-8577 Primary Email: eservicehwd@conroysimberg.com Secondary Email: Ifrye@conroysimberg.com By: _/s/ Lateshia Frye Lateshia Frye, Esquire Florida Bar No. 103300CASE NO. 19001054CA 1. State your complete corporate name, nature of your business, whether you are licensed to do business in the State of Florida, whether you maintain agents for the transacting of your customary business in any particular county, and whether your name as it appears in the Plaintiffs Complaint is correct. ANSWER: In accordance with Florida Rule of Civil Procedure 1.340(c) Defendant directs the Plaintiff to its website located at https://www.floridapeninsula.com/. 2. State the name, residence address, business address, telephone number, and position/job title of the individual answering these Interrogatories. ANSWER: Corporate Representative Edison Insurance Company 903 N.W. 65" Street Suite 200 Boca Raton, Florida 33487 With the assistance of defense counsel. 3. List the names, addresses and telephone numbers of all persons believed or known by you, your agents or attorneys to have knowledge concerning any of the issues raised by the pleadings, specifying the subject matter about which the witnesses have knowledge and state whether you have obtained any statements (oral, written and/or recorded) from any of said witnesses, list the dates any such witness statements were taken, by whom any such witness statements were taken, and who has present possession, custody and control of any such statements. ANSWER: Objection, vague and ambiguous as to “all persons”. To the extent Plaintiff seeks the identification of anyone but the Corporate Representative on behalf of the Defendant, Defendant further objects on the basis that this is an improper discovery request. A corporation is permitted to identify and produce one or more witness who can testify as to the corporation’s knowledge of the specified topics designated by the Plaintiff, Defendant is not obligate to identify all persons with knowledge. See Carriage Hills Condo., Inc. v. JBH Roofing & Constructors, Inc., 109 So. 3d 329, 334 (Fla. 4th DCA 2013). Furthermore, seeking the identification of all individuals involved in the claim process goes to bad faith discovery, and such discovery is improper in a breach of contract action. See Maryland Casualty Company v. Alicia Diagnostic, Inc., 961 So. 2d 1091, 1092 (Fla. 5 DCA 2007). Objection, vague and ambiguous as to the word “statement.” Subject to andCASE NO. 19001054CA without waiving said objection, None. Defendant also identifies the following individuals as having knowledge concerning any of the issues raised in the pleadings: The Plaintiff and their Public Adjuster, Attorney, and Morgan & Morgan P.A., are all expected to have knowledge concerning the reported date of loss and claimed damage resulting there from. L.M.R. Public Adjusting Inc. Public Adjusting Firm 8762 NW 415 Cooper City, Florida 33024 LMR Public Adjusting Inspected and adjusted the loss on behalf of the Insureds Charles Atkins Atkins Services, LLC/ PuroClean Property Damage Expert 2405 Buchanan Rd SE Cleveland, TN 37323 Icon Contracting Services 6605 SW 69 Ave South Miami, Florida 33143 Icon installed the tarp on the subject property Chad King Licensed Adjuster Crawford Catastrophe Services, LLC 5335 Triangle Parkway NW Peachtree Corners GA 30092 Chad King inspected and photographed the property on behalf of Defendant Brad Buckley Independent adjuster Insurance Claims Unlimited Jonathan Williams, P.E. Structural Engineer Grindley Williams Engineering 4175 South Pipkin Road, Suite 210 Lakeland, Florida 33811CASE NO. 19001054CA 4. State any and all provisions of the subject policy relied upon by Defendant for denial, non-payment and/or reduction of Plaintiff's claim. ANSWER: In accordance with Florida Rule of Civil Procedure 1.340(c) Defendant directs Plaintiffs to its Coverage letter dated November 12, 2018, December 29, 2018, January 21, 2019 and March 02, 2019 regarding Coverage A, wherein Defendant’s coverage determination was outlined under the subject insurance policy and the corresponding engineering report and estimates for the dwelling included. 5. List the names, residence addresses, business addresses and telephone numbers of all persons who, on your behalf or on behalf of your agents or representatives, have in any way participated in the investigations, adjusting or handling of the Plaintiff's claim involved herein and specify the date and the nature of the participation of each such person. ANSWER: Objection, vague and ambiguous as to “participated in the investigation, adjusting or handling of the claim”. Defendant further objects on the basis that this is an improper discovery request. Seeking the identification of all individuals involved in the claim process goes to bad faith discovery, and such discovery is improper in a breach of contract action. See Maryland Casualty Company v. Alicia Diagnostic, Inc., 961 So. 2d 1091, 1092 (Fla. 5 DCA 2007). Subject to and without waiving said objection, and pursuant to Florida Rule of Civil Procedure 1.340(c), Defendant refers Plaintiff to its Coverage letters, engineering report and photographs taken during inspection produced by defendant in response to plaintiff's request for production. 6. Do you intend to call upon any expert witness at the trial of this case? If so, please identify each witness as follows: his/her name, qualifications as an expert, substance of their opinions to which they are expected to testify, summary of the factual grounds for each opinion, and provide a list of all claim files and/or court cases for which you have hired the same expert witness in the last two (2) years. ANSWER: Objection, Defendant will provide its expert disclosure along with corresponding opinions and reports in accordance to Court’s Trial Order setting matter for Trial. 7. For any and all policy defenses which you reasonably believe are available with regard to the claim made by the Plaintiff herein: describe in detail the factual and legal basis for any such defenses and give complete names, residence addresses, business addresses, and telephone numbers of each and every person believed or known by you, 4CASE NO. 19001054CA your agents, representatives, or attorneys, to have any knowledge of the facts which provide the basis for any such defenses. ANSWER: Defendant’s decision concerning the determination of coverage and the scope of loss is based on the personal observations made by the field adjusters and engineer during their inspection of the property and the terms, conditions, limitations, and exclusions as set forth in the policy. The information made available during the field adjusters and engineer investigation of the subject claim, including the loss details as provided by the Insureds, and the estimates for repairs of the property based on the field adjuster and public adjuster’s inspection of the property all serve as factual support for the Defendant’s coverage decision. In accordance with Florida Rule of Civil Procedure 1.340(c) Defendant directs Plaintiffs to its affirmative defenses filed and Coverage letters dated November 12, 2018, December 29, 2018, January 21, 2019 and March 02, 2019 regarding Coverage A, wherein Defendant’s coverage determination was outlined under the subject insurance policy and the corresponding engineering report and estimates for the dwelling included. 8. Provide a complete list of all payments made to or on behalf of the Plaintiff for the subject loss, specifying the nature of the services rendered, the provider of the services, the amount of the charges, the date the charges were incurred, the date you first had notice of the charges, and the date the charges were paid by you. ANSWER: In accordance with Florida Rule of Civil Procedure 1.340(c) Security First directs Plaintiffs to its Coverage letters dated November 12, 2018, December 29, 2018, January 21, 2019 and March 02, 2019 regarding Coverage A, wherein Defendant’s coverage determination was outlined under the subject insurance policy and the corresponding statement of loss and estimates for the dwelling included. 9. List the names, addresses and official positions of each and every person in your employ or in the employ of anyone on your behalf, who has had any involvement in the review of the denial or withholding of payment of the Plaintiff's claim and state in what capacity they were involved, the date they were involved and the nature of their involvement. ANSWER: Objection, vague, ambiguous and overbroad as to “each and every person in your employ or in the employ of anyone on your behalf”. Defendant objects on the basis that this is an improper discovery request, seeking the identification of allCASE NO. 19001054CA individuals involved in the claim process goes to bad faith discovery, and such discovery is improper in a breach of contract action. See Maryland Casualty Company v. Alicia Diagnostic, Inc., 961 So. 2d 1091, 1092 (Fla. 5 DCA 2007). Subject to and without waiving said objection, Defendant identifies the following individuals as persons with knowledge or with possible possession estimates, photographs, or recordings concerning the reported date of loss and alleged damages resulting there from that comprise the subject matter of this lawsuit. Chad King Licensed Adjuster Crawford Catastrophe Services, LLC 5335 Triangle Parkway NW Peachtree Corners GA 30092 Chad King inspected and photographed the property on behalf of Defendant Brad Buckley Independent adjuster Insurance Claims Unlimited Jonathan Williams, P.E. Structural Engineer Grindley Williams Engineering 4175 South Pipkin Road, Suite 210 Lakeland, Florida 33811 10. With regard to the Plaintiff's First Request to Produce, for each item on the Request to Produce of which you are withholding production claiming any privilege (work product/attorney-client/etc.), please state, with respect to each such document. (a) |The date of the document; the number of pages of the document; the type of document involved and its general subject matter without disclosing its contents; and, the names, business addresses, residence addresses and telephone numbers of all persons who prepared the document or to whom the document was directed. In accordance with Florida Rule of Civil Procedure 1.340(c) Defendant directs Plaintiffs to its privilege log in response to Plaintiffs’ request for production.CASE NO. 19001054CA (b) — The privilege upon the Defendant relies on withholding the document; all facts upon which the Defendant relies in support of the privilege; the names, business addresses, residence addresses, telephone numbers, positions and occupations of all persons known or believed by Defendant to have knowledge concerning the factual basis for Defendant’s assertion of privilege with regard to the documents; In accordance with Florida Rule of Civil Procedure 1.340(c) Defendant directs Plaintiffs to its privilege log in response to Plaintiffs’ request for production. (c) Any policy provisions, statutory language or case law which Defendant relies upon in claiming the privilege. In accordance with Florida Rule of Civil Procedure 1.340(c) Defendant directs Plaintiffs to its privilege log in response to Plaintiffs’ request for production. ANSWER: 11. With regard to each and every one of the above Interrogatories, for each Interrogatory which you are refusing to answer, claiming a privilege (work product/attorney-client/etc.), please state: (a) The privilege upon which Defendant relies in refusing to answer the Interrogatory, and, all facts which are relied upon in support of the privilege. Defendant defer Plaintiff to its objection cited within each independent interrogatory. (b) The names, residence addresses, business addresses, telephone numbers, positions and occupations of all persons known or believed by Defendant to have knowledge concerning the factual basis for Defendant’s assertion of privilege with regard to the information. Objection, attorney-client privilege. (c) Any policy provisions, statutory language or case law which Defendant relies upon in claiming the privilege. Defendant defer Plaintiff to its objection cited within each independent interrogatory.CASE NO. 19001054CA STATE OF FLORIDA COUNTY OF Before me, the undersigned authority, personally appeared : who, being duly sworn, deposes and says that is the of , an entity named in the foregoing interrogatories and, as such, that ___ is authorized to give the answers to the foregoing interrogatories, and that said answers are true and correct to the best of knowledge and belief. Subscribed and sworn to before me this___ day of , 2019. NOTARY PUBLIC - State of Florida (Print, type or stamp commissioned name of Notary Public) ____ Personally known or ____ Produced identification: Type of identification produced: