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Filing # 94028901 E-Filed 08/12/2019 03:32:57 PM
IN THE CIRCUIT COURT OF THE
FOURTEENTH JUDICIAL CIRCUIT IN AND
FOR BAY COUNTY, FLORIDA
CASE NUMBER: 19003057CA
Ronald Wend,
Plaintiff,
ve
American Integrity Insurance Company of Florida
Defendant.
/
PLAINTIFF’S NOTICE OF SERVING INTERROGATORIES TO DEFENDANT
COMES NOW the Plaintiff, Ronald Wend, by and through the undersigned counsel,
pursuant to Rules 1.280(a) and 1.340 of the Fla. R. Civ. Pro., and hereby submit to the
Defendant, American Integrity Insurance Company of Florida, the following Interrogatories
numbered 1 to 14 to be answered under oath by an authorized agent of the Defendant within
forty-five (45) days of service herein. Where knowledge or information in the possession of the
Defendant is requested, such request includes knowledge of the partners, employees, agents,
representatives and unless privileged, attorneys for the Defendant.
CERTIFICATE OF SERVICE
1 DO HEREBY CERTIFY that a true and correct copy of this document will be served
on the Defendant along with the Summons in this action.
Date: August 12, 2019
__/s/Natisha N. Quijano
Cohen Law Group
Natisha N. Quijano
FOR THE FIRM
Florida Bar Number: 096485
350 North Lake Destiny Road
Maitland, Florida 32751
Phone: (407) 478-4878
Fax: (407) 478-0204
Email: NQuijano@ItsAboutJustice.lawIN THE CIRCUIT COURT OF THE
FOURTEENTH JUDICIAL CIRCUIT IN AND
FOR BAY COUNTY, FLORIDA
CASE NUMBER:
Ronald Wend,
Plaintiff,
Vv.
American Integrity Insurance Company of Florida,
Defendant.
/
PLAINTIFF’S FIRST SET OF INTERROGATORIES TO DEFENDANT.
DEFINITIONS AND INSTRUCTIONS
For purposes of these Interrogatories, the following terms and definitions are provided:
1.
3.
4
Plaintiff: The term “Plaintiff’ as used herein shall mean Ronald Wend, and its
representatives as defined in Paragraph 4 hereof.
Defendant: The term “Defendant” shall mean American Integrity Insurance Company of
Florida, whether by that name or any other, and its representatives as defined in
Paragraph 4 hereof.
Representatives: The term “representatives” shall mean any and all present or former
agents, employees, servants, officers, directors, attorneys, consultants, sureties,
indemnificators, insurers, and other persons acting or purporting to act on behalf of the
entity referred to.
. You and Your: The terms “you” and “your” shall refer to Defendant (defined above) and
any other person or entity acting or purporting to act on its behalf.
Document: The term “document” shall mean any written, printed, typed or other graphic
or photographic matter (including without limitation, photographs, charts, graphs,
microfiche, microfilm, videotapes, recordings and motion pictures and data stored on a
computer disc or computer hard drive) and shall include the originals, identical copies
and all non-identical copies, whether different from the original by reason of any notation
made on each copy or otherwise and shall include, without limiting the generality of theforegoing, all letters, telegrams, teletypes, correspondence, contracts, agreements, notes,
mechanical and electronic sound recordings and transcripts thereof (including, without
limitation, tapes, cassettes, discs and digital recordings), computer printouts and other
printed matter produced through computers, calendar and diary entries, memoranda,
notes and records of all telephone or personal conversations, meetings or any other
communication, inter-office and intra-office communications, statements, manuals,
summaries and compilations, minutes of meetings, charges, maps, reports, analysis,
studies, graphs, prospectus, returns, statistics, pamphlets, books, offers, bulletins, order
papers, articles, catalogs, records, tables, books of account, ledgers, vouchers, canceled
checks, invoices, bills, receipts, tickets, worksheets, computer and digital records, as well
as all digitally stored and generated documents and notes, and all drafts, alterations,
modifications and changes to any of the foregoing.
6. Identify: The term “identify” when used with reference to a person shall mean to state
the full name of the person, last known full address of the person, the employer of the
person (if known), and the business phone number of the person (or home phone number
of the person if their business phone number is not known). Once identified, a person
may be subsequently identified by uniform use of a standard name.
7. Plaintiff's Property: The term “Plaintiff’s Property” as used herein shall mean reference
to the property located at 2711 Mendocino Ave Alford, FL 32420.
Instructions
Should Defendant claim an Interrogatory is objected to or not answered under a
claim of privilege, the Defendant is required to:
State the basis of the claim of privilege;
b. Identify the subject matter of the information to which a claim of privilege
is made;
c. Identify all persons or entities who have had access to or claimed to be
privileged or were present when the privileged information was
discussed, and
d. Identify all persons or entities to which the privileged information has
been disclosed.PLAINTIFF’S FIRST SET OF INTERROGATORIES TO DEFENDANT
INTERROGATORY NO. 1: What is the name and address of the person answering
these interrogatories, and, if applicable, the person’s official position or relationship with the
party to whom the interrogatory is directed?
ANSWER:
INTERROGATORY NO. 2: State the facts upon which you rely for each affirmative
defense in your Answer to the Complaint, or in support of a Motion to Dismiss if such was
filed.
ANSWER:
INTERROGATORY NO. 3: State each and every policy provision upon which you are
relying in connection with your decision to deny, or otherwise not make payment in full on
Plaintiff's invoices for the property damages incurred by Plaintiff in this matter.
ANSWER:
INTERROGATORY NO. 4: Have you heard or do you know about any statement or
remark made by or on behalf of any party to this lawsuit, other than yourself, concerning any
issue in this lawsuit? If so, state the name and address of each person who made the
statement or statements, the name and address of each person who heard it, and the date,
time, place, and substance of each statement.
ANSWER:
INTERROGATORY NO. 5: State the name and address of every person known to you,
your agents, or your attorneys, who has knowledge about, or possession, custody, or control
of, any model, plat, map, drawing, motion picture, videotape, or photograph pertaining to any
fact or issue involved in this controversy; and describe as to each, what item such person has,
the name and address of the person who took or prepared it, and the date it was taken or
prepared.
ANSWER:INTERROGATORY NO. 6: Identify by name, address, phone number, and employer
and title/position of all persons who on your behalf:
e) Inspected the Insured’s Property;
f) Evaluated the claim;
g) Prepared any reports in connection with this claim, including but not limited to
comparative estimates, peer reviews, engineering reports, and estimates evaluating any
and all loss to the insured property;
h) Denied coverages for the claim; and
i) Approved payment(s) made.
INTERROGATORY NO. 7: For each such individual state what decisions were made by
said individual.
ANSWER:
INTERROGATORY NO. 8: As to any and all decisions identified in answer to
Interrogatory 6 above, identify with specificity all documents which were reviewed by and
relied upon by said individual(s) in making said determination, identify (defined above) all
persons with whom said individual(s) communicated in making said determination and state
the dates when each such decision was made.
ANSWER:
INTERROGATORY NO. 9: If you allege that Plaintiff has failed to perform any
conditions precedent to the bringing of this action, or has failed to fulfill any duties after the
accident and/or loss, please identify (defined above) each such person or company with
specificity and state what condition precedent or duty under your insurance policy was not
timely performed or met.
ANSWER:
INTERROGATORY NO. 10: If you allege that Plaintiff has failed to perform any
conditions precedent to the bringing of this action, or has failed to fulfill any duties after the
accident and/or loss, please state with specificity all facts and circumstances to support any
contention Defendant was prejudiced by the alleged failure to comply with any conditions
precedent.
ANSWER:INTERROGATORY NO. 11: List the names and addresses of all persons who are
believed or known by you, your agents, or your attorneys to have any knowledge concerning
any of the issues in this lawsuit; and specify the subject matter about which the witness has
knowledge. The issues in this lawsuit include, but are not limited to, the property damage
event which is alleged to have occurred on or about October 10, 2018 described in the
Complaint, the property damages sustained at the Plaintiff's Property in regards to said event,
the work performed or to be performed described in the Complaint and its attachments, the
invoices and bills submitted by Plaintiff or its representatives (defined above) to Defendant,
the claims as set forth by Plaintiff in the Complaint, and the defenses which you are or
anticipate asserting to Plaintiffs claims.
ANSWER:
INTERROGATORY NO. 12: As to any statements of any kind (written, recorded,
transcribed, digital or otherwise) obtained by you from Insured or any other witness in
connection with the property damage occurrence which is the basis of this law suit, including
the invoices and damages alleged by Plaintiff, identify (defined above) each such person
from whom a statement was taken, state the date when each such statement was taken, state
the manner in which it was taken and identify (defined above) the person who took or
recorded each such statement.
ANSWER:
INTERROGATORY NO. 13: As to any portion of the loss alleged and invoices and bills
of Plaintiff attached to the Complaint which you contend are not covered by the Plaintiff's
policy issued by you, please set forth the specific item(s) which you contend are not covered,
and for each such item(s), all facts supporting your contention that no coverage exists for said
item(s).
ANSWER:
INTERROGATORY NO. 14: As to any portion of the invoices or bill attached to the
Complaint which you contend are not reasonable in their amount, specifically identify that
portion of the work performed or to be performed, invoice or bill which you allege to be
unreasonable and state all factual and legal basis which you allege support that contention.
ANSWER:INTERROGATORY NO. 15: With regard to any third parties who provided services,
analyses, adjusting, or otherwise rendered opinions to you in adjusting this claim, please
identify:
e) The name of the individual who hired the third party on behalf of your
company;
f) The date and nature of the services provided by the third party;
g) Each case in which the third party has been retained by you for any purpose during the
past three years;
h) The amount of money that the third party has been paid by you during the past three
years; and
i) Please state the taxpayer identification numbers for both you and the third party.
ANSWER:AFFIDAVIT
Dated » 2019.
Signature of Agent for Defendant
American Integrity Insurance Company of
Florida
STATE OF
COUNTY OF
BEFORE ME, the undersigned authority, personally appeared the Agent for Defendant,
American Integrity Insurance Company of Florida, , who is
personally known to me or who produced as identification, and who
deposed and stated that the information contained in the foregoing Answers to Interrogatories is
true and correct, to the best of his/her knowledge and belief.
SWORN AND SUBSCRIBED before me in the aforesaid County and State this
day of , 2019.
Notary Public
Commission No.
(SEAL)
(Name of Notary typed, printed or stamped)
My commission expires:
Preview
Filing # 94028901 E-Filed 08/12/2019 03:32:57 PM IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT IN AND FOR BAY COUNTY, FLORIDA CASE NUMBER: 19003057CA Ronald Wend, Plaintiff, ve American Integrity Insurance Company of Florida Defendant. / PLAINTIFF’S NOTICE OF SERVING INTERROGATORIES TO DEFENDANT COMES NOW the Plaintiff, Ronald Wend, by and through the undersigned counsel, pursuant to Rules 1.280(a) and 1.340 of the Fla. R. Civ. Pro., and hereby submit to the Defendant, American Integrity Insurance Company of Florida, the following Interrogatories numbered 1 to 14 to be answered under oath by an authorized agent of the Defendant within forty-five (45) days of service herein. Where knowledge or information in the possession of the Defendant is requested, such request includes knowledge of the partners, employees, agents, representatives and unless privileged, attorneys for the Defendant. CERTIFICATE OF SERVICE 1 DO HEREBY CERTIFY that a true and correct copy of this document will be served on the Defendant along with the Summons in this action. Date: August 12, 2019 __/s/Natisha N. Quijano Cohen Law Group Natisha N. Quijano FOR THE FIRM Florida Bar Number: 096485 350 North Lake Destiny Road Maitland, Florida 32751 Phone: (407) 478-4878 Fax: (407) 478-0204 Email: NQuijano@ItsAboutJustice.lawIN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT IN AND FOR BAY COUNTY, FLORIDA CASE NUMBER: Ronald Wend, Plaintiff, Vv. American Integrity Insurance Company of Florida, Defendant. / PLAINTIFF’S FIRST SET OF INTERROGATORIES TO DEFENDANT. DEFINITIONS AND INSTRUCTIONS For purposes of these Interrogatories, the following terms and definitions are provided: 1. 3. 4 Plaintiff: The term “Plaintiff’ as used herein shall mean Ronald Wend, and its representatives as defined in Paragraph 4 hereof. Defendant: The term “Defendant” shall mean American Integrity Insurance Company of Florida, whether by that name or any other, and its representatives as defined in Paragraph 4 hereof. Representatives: The term “representatives” shall mean any and all present or former agents, employees, servants, officers, directors, attorneys, consultants, sureties, indemnificators, insurers, and other persons acting or purporting to act on behalf of the entity referred to. . You and Your: The terms “you” and “your” shall refer to Defendant (defined above) and any other person or entity acting or purporting to act on its behalf. Document: The term “document” shall mean any written, printed, typed or other graphic or photographic matter (including without limitation, photographs, charts, graphs, microfiche, microfilm, videotapes, recordings and motion pictures and data stored on a computer disc or computer hard drive) and shall include the originals, identical copies and all non-identical copies, whether different from the original by reason of any notation made on each copy or otherwise and shall include, without limiting the generality of theforegoing, all letters, telegrams, teletypes, correspondence, contracts, agreements, notes, mechanical and electronic sound recordings and transcripts thereof (including, without limitation, tapes, cassettes, discs and digital recordings), computer printouts and other printed matter produced through computers, calendar and diary entries, memoranda, notes and records of all telephone or personal conversations, meetings or any other communication, inter-office and intra-office communications, statements, manuals, summaries and compilations, minutes of meetings, charges, maps, reports, analysis, studies, graphs, prospectus, returns, statistics, pamphlets, books, offers, bulletins, order papers, articles, catalogs, records, tables, books of account, ledgers, vouchers, canceled checks, invoices, bills, receipts, tickets, worksheets, computer and digital records, as well as all digitally stored and generated documents and notes, and all drafts, alterations, modifications and changes to any of the foregoing. 6. Identify: The term “identify” when used with reference to a person shall mean to state the full name of the person, last known full address of the person, the employer of the person (if known), and the business phone number of the person (or home phone number of the person if their business phone number is not known). Once identified, a person may be subsequently identified by uniform use of a standard name. 7. Plaintiff's Property: The term “Plaintiff’s Property” as used herein shall mean reference to the property located at 2711 Mendocino Ave Alford, FL 32420. Instructions Should Defendant claim an Interrogatory is objected to or not answered under a claim of privilege, the Defendant is required to: State the basis of the claim of privilege; b. Identify the subject matter of the information to which a claim of privilege is made; c. Identify all persons or entities who have had access to or claimed to be privileged or were present when the privileged information was discussed, and d. Identify all persons or entities to which the privileged information has been disclosed.PLAINTIFF’S FIRST SET OF INTERROGATORIES TO DEFENDANT INTERROGATORY NO. 1: What is the name and address of the person answering these interrogatories, and, if applicable, the person’s official position or relationship with the party to whom the interrogatory is directed? ANSWER: INTERROGATORY NO. 2: State the facts upon which you rely for each affirmative defense in your Answer to the Complaint, or in support of a Motion to Dismiss if such was filed. ANSWER: INTERROGATORY NO. 3: State each and every policy provision upon which you are relying in connection with your decision to deny, or otherwise not make payment in full on Plaintiff's invoices for the property damages incurred by Plaintiff in this matter. ANSWER: INTERROGATORY NO. 4: Have you heard or do you know about any statement or remark made by or on behalf of any party to this lawsuit, other than yourself, concerning any issue in this lawsuit? If so, state the name and address of each person who made the statement or statements, the name and address of each person who heard it, and the date, time, place, and substance of each statement. ANSWER: INTERROGATORY NO. 5: State the name and address of every person known to you, your agents, or your attorneys, who has knowledge about, or possession, custody, or control of, any model, plat, map, drawing, motion picture, videotape, or photograph pertaining to any fact or issue involved in this controversy; and describe as to each, what item such person has, the name and address of the person who took or prepared it, and the date it was taken or prepared. ANSWER:INTERROGATORY NO. 6: Identify by name, address, phone number, and employer and title/position of all persons who on your behalf: e) Inspected the Insured’s Property; f) Evaluated the claim; g) Prepared any reports in connection with this claim, including but not limited to comparative estimates, peer reviews, engineering reports, and estimates evaluating any and all loss to the insured property; h) Denied coverages for the claim; and i) Approved payment(s) made. INTERROGATORY NO. 7: For each such individual state what decisions were made by said individual. ANSWER: INTERROGATORY NO. 8: As to any and all decisions identified in answer to Interrogatory 6 above, identify with specificity all documents which were reviewed by and relied upon by said individual(s) in making said determination, identify (defined above) all persons with whom said individual(s) communicated in making said determination and state the dates when each such decision was made. ANSWER: INTERROGATORY NO. 9: If you allege that Plaintiff has failed to perform any conditions precedent to the bringing of this action, or has failed to fulfill any duties after the accident and/or loss, please identify (defined above) each such person or company with specificity and state what condition precedent or duty under your insurance policy was not timely performed or met. ANSWER: INTERROGATORY NO. 10: If you allege that Plaintiff has failed to perform any conditions precedent to the bringing of this action, or has failed to fulfill any duties after the accident and/or loss, please state with specificity all facts and circumstances to support any contention Defendant was prejudiced by the alleged failure to comply with any conditions precedent. ANSWER:INTERROGATORY NO. 11: List the names and addresses of all persons who are believed or known by you, your agents, or your attorneys to have any knowledge concerning any of the issues in this lawsuit; and specify the subject matter about which the witness has knowledge. The issues in this lawsuit include, but are not limited to, the property damage event which is alleged to have occurred on or about October 10, 2018 described in the Complaint, the property damages sustained at the Plaintiff's Property in regards to said event, the work performed or to be performed described in the Complaint and its attachments, the invoices and bills submitted by Plaintiff or its representatives (defined above) to Defendant, the claims as set forth by Plaintiff in the Complaint, and the defenses which you are or anticipate asserting to Plaintiffs claims. ANSWER: INTERROGATORY NO. 12: As to any statements of any kind (written, recorded, transcribed, digital or otherwise) obtained by you from Insured or any other witness in connection with the property damage occurrence which is the basis of this law suit, including the invoices and damages alleged by Plaintiff, identify (defined above) each such person from whom a statement was taken, state the date when each such statement was taken, state the manner in which it was taken and identify (defined above) the person who took or recorded each such statement. ANSWER: INTERROGATORY NO. 13: As to any portion of the loss alleged and invoices and bills of Plaintiff attached to the Complaint which you contend are not covered by the Plaintiff's policy issued by you, please set forth the specific item(s) which you contend are not covered, and for each such item(s), all facts supporting your contention that no coverage exists for said item(s). ANSWER: INTERROGATORY NO. 14: As to any portion of the invoices or bill attached to the Complaint which you contend are not reasonable in their amount, specifically identify that portion of the work performed or to be performed, invoice or bill which you allege to be unreasonable and state all factual and legal basis which you allege support that contention. ANSWER:INTERROGATORY NO. 15: With regard to any third parties who provided services, analyses, adjusting, or otherwise rendered opinions to you in adjusting this claim, please identify: e) The name of the individual who hired the third party on behalf of your company; f) The date and nature of the services provided by the third party; g) Each case in which the third party has been retained by you for any purpose during the past three years; h) The amount of money that the third party has been paid by you during the past three years; and i) Please state the taxpayer identification numbers for both you and the third party. ANSWER:AFFIDAVIT Dated » 2019. Signature of Agent for Defendant American Integrity Insurance Company of Florida STATE OF COUNTY OF BEFORE ME, the undersigned authority, personally appeared the Agent for Defendant, American Integrity Insurance Company of Florida, , who is personally known to me or who produced as identification, and who deposed and stated that the information contained in the foregoing Answers to Interrogatories is true and correct, to the best of his/her knowledge and belief. SWORN AND SUBSCRIBED before me in the aforesaid County and State this day of , 2019. Notary Public Commission No. (SEAL) (Name of Notary typed, printed or stamped) My commission expires: