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Filing # 87102016 E-Filed 03/28/2019 11:02:57 AM
IN THE CIRCUIT COURT OF THE 14th JUDICIAL CIRCUIT, IN AND FOR
BAY COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO.: 19000894CA
A-1 QUALITY RESTORATION II LLC D/B/A
A-1 QUALITY RESTORATION INC A/A/O
BLONDELLE MCGOWAN,
Plaintiff,
VS.
ALLSTATE PROPERTY & CASUALTY
INSURANCE COMPANY,
Defendant.
/
PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT
Plaintiff, A-1 QUALITY RESTORATION If LLC D/B/A A-1 QUALITY
RESTORATION INC A/A/O BLONDELLE MCGOWAN (“Plaintiff”), pursuant to Rule 1.350,
Fla. R. Civ, P. requests Defendant, Citizens Property Insurance Corporation (“Defendant”), furnish
copies of the following documents to the offices of the undersigned attorney within forty-five (45)
days from the date of service of this request.
DEFINITIONS AND INSTRUCTIONS
1. The term “Plaintiff? means A-1 QUALITY RESTORATION II LLC D/B/A A-1
QUALITY RESTORATION INC A/A/O BLONDELLE MCGOWAN, and its agents, employees,
independent contractors, attorneys, and all other persons acting or purporting to act on its behalf.
2. The term “Insured” means named insured, BLONDELLE MCGOWAN, and
his\her agents, employees, independent contractors, attorneys, and all other persons acting or
purporting to act on his\her behalf.
3. The term “you” or “Defendant” means ALLSTATE PROPERTY & CASUALTY
INSURANCE COMPANY, and its agents, employees, independent contractors, subsidiaries,
divisions, parent company, holding company, directors, officers, attorneys, and all other persons
acting or purporting to act on its behalf.
1909 TYLER ST. + Suite 502 « Hollywood, Florida 33020
Office: 561-708-0513 + Email: Service@whislerlawfirm.com4. The term “Policy” means the policy, number 141395000, which Defendant issued
to Insured for the property located at 122 NGAYLE AVENUE, PANAMA CITY, FL 32401, that
was in effect on the date of loss alleged in Plaintiff's Complaint filed in this action.
5. The term “Insured Building” or “Insured Property” means the insured structure
and/or its contents located at the address described in Plaintiffs Complaint filed in this action.
6. The term “Plaintiff’s Invoice” or “Invoice” means the invoice, which is attached to
Plaintiff's Complaint as Exhibit B, which Plaintiff issued after conducting water restoration
services to the Insured Property, after the Insured Property suffered damage caused by a water
event on or about the date of loss alleged in the Complaint.
7. The term “Plaintiffs Assignment of Benefits” means the assignment, which is
attached to Plaintiff's Complaint as Exhibit A, which the Insured gave to Plaintiff in exchange for
Plaintiff conducting water restoration services to the Insured Property on or about the date of loss
alleged in Plaintiff's Invoice.
8. The term “Loss” means the event at issue in which the Insured suffered property
damage, on the date of loss alleged in Plaintiff's Complaint.
9. The term “person” means any natural person, individual, proprietorship,
partnership, corporation, association, organization, joint venture, firm, other business enterprise,
governmental body, group of natural persons or other entity.
10. The term “document” or “documents” means any written, typed, or graphic matter
or other means of preserving thought or expression and all tangible things from which information
can be processed or transcribed, including the originals and all non-identical copies, whether
different from the original by reason of any notation made on such copy or otherwise, including,
but not limited to, correspondence, emails, memoranda, notes, messages, letters, telegrams,
teletype, telefax, bulletins, meetings or other communications, interoffice and intraoffice telephone
calls, diaries, claim diaries, electronic claim notes, chronological data, minutes, books, reports,
studies, summaries, pamphlets, printed matter, charts, ledgers, invoices, worksheets, receipts,
returns, computer printouts, prospectuses, financial statements, schedules, affidavits, contracts,
canceled checks, statements, transcripts, statistics, surveys, magazine or newspaper articles,
releases (and all drafts, alterations and modifications, changes and amendments of any of the
foregoing), graphic or natural records or representations of any kind (including without limitation
photographs, photographic negative, microfiche, microfilm, videotape, recordings, motion
pictures, phonograph recordings, transcripts or log of such recording, projection), electronic,
computer, mechanical, or electric records or representations of any kind (including without
limitation tapes, cassettes, discs and records), and binders, cover notes, certificates, analysis, study
memoranda, note lists, diaries, logs, questionnaires, bills, purchase orders, shipping orders,
memorandum of contract, agreements, licenses, permits, orders, financial data,
acknowledgements, computer or data procession cards, computer or data processing discs, and all
other data compilations from which information can be obtained or translated, reports and/or
summaries of investigations, drafts and revisions of drafts of any documents and original
preliminary notes or sketches, no matter how produced or maintained, in your actual or
1909 TYLER ST. + Suite 502 « Hollywood, Florida 33020
Office: 561-708-0513 + Email: Service@whislerlawfirm.comconstructive possession, custody or control, whether prepared, published or released by you or by
any other person. If data is stored on computer or electronic media (inter-company email, for
example), produce hard copies of each such document.” “Documents” includes all attachments
and enclosures.
11. The term “all documents” means every document or group of documents, as above
defined, that are known to you or that can be located or discovered by reasonably diligent efforts.
12. The term “coverage letter(s)” means the correspondence from You to the Insured
throughout the claim at issue regarding Your position as to coverage for the Loss.
13. As used herein, the singular shall include the plural, the plural shall include the
singular, and masculine feminine and neuter shall include each of the other genders.
14. The terms “relating to” or “in any way related to” means in whole or in part
constituting, containing, concerning, discussing, commending upon, describing, analyzing,
identifying, stating, pertaining to, referring to, or forming the basis of.
15. The term “Prior Claim” means all claims submitted by or on behalf of an Insured
for damage occurring prior to the date of loss alleged in Plaintiff's Complaint, regarding the
Insured Building or Insured Property.
16. The term “Subsequent Claim” means all claims submitted by or on behalf of an
Insured for damage occurring after the date of loss alleged in Plaintiff's Complaint, regarding the
Insured Building or Insured Property.
17. The term “Plaintiff's Complaint means the complaint filed by Plaintiff in this
action.
18, This request shall be continuing in nature so as to require the filing of supplemental
answers to the extent required under Florida law.
Requests
1. A certified and complete copy of the Policy that Defendant issued to the Insured
that was in effect on or about October 10, 2018.
2. All documents reflecting Defendant’s inspection(s) of the Insured Property after
October 10, 2018.
3. All documents reflecting Defendant’s inspection(s) of the Insured Property before
October 10, 2018, covering the preceding five (5) years.
1909 TYLER ST. + Suite 502 « Hollywood, Florida 33020
Office: 561-708-0513 + Email: Service@whislerlawfirm.com4. All documents reflecting Defendant’s inspection(s) of the Insured Property during
the Defendant’s underwriting of the Insured’s Policy.
5. All documents reflecting Defendant’s inspection(s) of the Insured Property during
Defendant’s underwriting of all insurance policies Defendant issued to the Insured for the Insured
Property prior to October 10, 2018.
6. All photographs and/or videos submitted by Plaintiff to Defendant in any way
related to the Loss or Invoice.
7. All photographs and/or videos submitted by Defendant to Plaintiff in any way
related to the Loss or Invoice.
8. All photographs and/or videos taken by Defendant in any way related to the Loss
or Invoice.
9. All correspondence, emails and all other documents provided by Plaintiff and/or
the Insured, to Defendant in any way related to the Loss or Invoice.
10. All correspondence, emails and all other documents provided by Defendant, to
Plaintiff and/or the Insured in any way related to the Loss or Invoice.
11. All documents reflecting Defendant’s efforts to investigate the Loss or Invoice.
12. All documents documenting or supporting Defendant’s affirmative defenses, or that
Defendant anticipates will support Defendant’s reasons for denying or failing to pay the full
amount of Plaintiff's Invoice.
13. All documents, including but not limited to estimates, reports, testing, photographs
and/or videos created by Defendant, Defendant’s adjusters, Defendant’s loss consultants, or by
any expert retained by Defendant, including but not limited to plumbers and engineers, in any way
related to the Loss and/or Plaintiffs Invoice.
1909 TYLER ST. + Suite 502 « Hollywood, Florida 33020
Office: 561-708-0513 + Email: Service@whislerlawfirm.com14, All documents identified in Defendant’s Answers to Plaintiff's First Set of
Interrogatories.
15. A current curriculum vitae and all biographical information for all person(s) who
inspected the Insured Property for or on behalf of Defendant following the Loss.
16. A current curriculum vitae and all biographical information for all person(s) who
created an estimate for water mitigation and\or services.
17. All documents in any way related to the damage caused to the Insured Property
from the alleged Loss.
18. All documents documenting or supporting Plaintiffs claim for collection of its
Invoice from Defendant in this lawsuit.
19, All documents related to Plaintiffs Invoice or the Insured Property that support
how Defendant determined whether to pay Plaintiff's Invoice, and/or how much of Plaintiffs
invoice to pay.
20. All documents reflecting the relationship between Defendant and the adjuster that
assisted Defendant in investigating, adjusting, and/or evaluating Plaintiff's Invoice.
21. — All documents that support any denials by Defendant of Plaintiff's First Request
for Admissions.
22. All reports relating to the damage the Insured Property sustained during or as a
result of the Loss.
23. All reports relating to the condition of the Insured Property before the Loss.
24. All reports relating to the condition of the Insured Property after the Loss.
25. All documents showing when the Insured notified Defendant of the Loss.
26. — All documents showing when Plaintiff notified Defendant of the Loss.
1909 TYLER ST. + Suite 502 « Hollywood, Florida 33020
Office: 561-708-0513 + Email: Service@whislerlawfirm.com27. All electronic claim notes made by or on behalf of Defendant in any way relating
to Plaintiff's Invoice, the Loss, or the condition of Insured Property at the time of Loss. (Request
limited to documents prior to suit).
28. The part of Defendant’s claim file that Defendant reasonably expects to rely upon
at trial in this action.
29. The part of Defendant’s claim file that Defendant reasonably expects to use at trial
in support of its affirmative defenses.
30. All documents that Defendant reasonably expects to rely upon at trial in this action.
31. All documents that Defendant reasonably expects to use at trial in support of its
affirmative defenses.
32. The part of Defendant’s claim file that supports the action taken by Defendant in
paying or refusing to fully pay Plaintiff's Invoice.
33. All documents that support the action taken by Defendant in refusing to pay
Plaintiff's full Invoice.
34. All estimates prepared by Defendant in any way related to the amount claimed by
Plaintiff in this action and/or to Plaintiffs Invoice.
35. All estimates prepared by water mitigation and/or water restoration companies that
Defendant may use to support its reason for non-payment or partial payment of Plaintiffs Invoice.
36. All estimates prepared by adjusters, contractors, loss consultants, or any other
person or entity for Defendant, that are in any way related to the amount claimed by Plaintiff in
this action and/or to Plaintiff's invoice.
1909 TYLER ST. + Suite 502 « Hollywood, Florida 33020
Office: 561-708-0513 + Email: Service@whislerlawfirm.com37. All estimates prepared by adjusters, contractors, loss consultants, or any other
person or entity for Defendant, that Defendant may use to support its reason for partial payment
of Plaintiff's invoice.
38. All documents Defendant provided to the person(s) who investigated, adjusted or
otherwise evaluated Plaintiff's Invoice or the Loss.
39. All documents reflecting any communication between Defendant, and any of
Defendant’s agents, independent adjusters, plumbers, engineers or other representatives, in any
way related to Plaintiff's Invoice or the Loss.
40. All underwriting documents in any way relating to the condition of the Insured
Property before the Loss.
41. The underwriting file kept by Defendant regarding the Insured Property dating from
the inception of Defendant’s Policy on the Insured Premises through the present time.
42. Allinsurance applications the Insured submitted to Defendant regarding the Insured
Property,
43. All documents containing any facts supporting any of Defendant’s affirmative
defenses.
44. All documents containing any facts supporting any of Defendant’s reasons for
failing to pay the full amount to Plaintiff for Plaintiffs Invoices.
45. All documents supporting any allegation or contention by Defendant that Plaintiffs
Invoice is related to damages involving a prior claim made by Insured or prior damage sustained
by an Insured.
1909 TYLER ST. + Suite 502 « Hollywood, Florida 33020
Office: 561-708-0513 + Email: Service@whislerlawfirm.com46. All documents supporting any allegation or contention by Defendant that Plaintiffs
Invoice is related to damages involving a subsequent claim made by Insured or subsequent damage
sustained by an Insured.
47. All documents supporting any allegation or contention by Defendant that the
Insured’s damages from the Loss are related to damages involving a prior claim made by Insured
or prior damage sustained by an Insured.
48. — All documents supporting any allegation or contention by Defendant that related to
damages involving a subsequent claim made by Insured or subsequent damage sustained by an
Insured.
49. All signed sworn proofs of loss submitted by the Insured to Defendant regarding
the Loss.
50. Complete and legible copies of all building permits and all other records obtained
from the county or other municipality, applicable to the Insured Property covering a five-year span
prior to the Loss.
51. All documents evidencing all payments made by Defendant to the Insured and/or
for the Insured’s benefit involving a Prior Claim made by Insured or prior damage sustained by an
Insured.
52. All documents evidencing all payments made by Defendant to the Insured and/or
for the Insured’s benefit involving a Subsequent Claim made by Insured or subsequent damage
sustained by an Insured.
53. All documents evidencing all payments made by Defendant to the Insured and/or
for the Insured’s benefit involving the claim for the same date of Loss alleged in the Complaint
filed in this action.
1909 TYLER ST. + Suite 502 « Hollywood, Florida 33020
Office: 561-708-0513 + Email: Service@whislerlawfirm.com54. All correspondence and documents between Defendant and any third parties,
excluding Defendant’s attorney, in any way related to (1) the condition of the Insured Property
before the Loss; or (2) the damage to the Insured Property sustained during the Loss.
55. All reports relating to Plaintiff's Invoice or to the damages sustained to Insured
Property during or as a result of the Loss.
56. All documents showing or pertaining to any repairs made to the Insured Property
by or on behalf of the Insured prior to the Loss, including but not limited to repair invoices,
estimates, canceled checks, credit card receipts, contracts for repair, receipts, certificates of
completion, notices of commencement, special assessment notices, payment logs, building permits
and building permit applications.
57. All documents showing or pertaining to any repairs made to the Insured Property
by or on behalf of the Insured after the Loss, including but not limited to repair invoices, estimates,
canceled checks, credit card receipts, contracts for repair, receipts, certificates of completion,
notices of commencement, special assessment notices, payment logs, building permits and
building permit applications.
58. All transcripts of any Examinations Under Oath given or provided by the Insured
regarding the Loss.
59. All transcripts of any Examinations Under Oath given or provided by anyone
besides the Insured regarding the Loss.
60. All recorded statements given or provided by the Insured regarding the Loss. This
request seeks a copy of the recording itself, not Defendant’s transcript of the recorded statement.
1909 TYLER ST. + Suite 502 « Hollywood, Florida 33020
Office: 561-708-0513 + Email: Service@whislerlawfirm.com61. All recorded statements given or provided by anyone besides the Insured regarding
the Loss. This request seeks a copy of the recording itself, not Defendant’s transcript of the
recorded statement.
62. All Coverage Letters sent by Defendant to the Insured in any way related to the
Loss.
63. All service agreements between Defendant and third party vendor who reviewed
Plaintiff's invoice.
64. — All communications between Defendant and third party vendor who reviewed
Plaintiff's invoice.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that the foregoing was served on Defendant with the Complaint.
THE WHISLER LAW FIRM, P.A.
Attorney for Plaintiff
1909 Tyler ST Ste. 502
Hollywood, Florida 33020
Telephone: (561) 708-0513
E-Mail: service@whislerlawfirm.com
By: _/s/ Joshua Whisler
JOSHUA WHISLER, ESQ.
FL Bar No. 98172
1909 TYLER ST. + Suite 502 « Hollywood, Florida 33020
Office: 561-708-0513 + Email: Service@whislerlawfirm.com
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Filing # 87102016 E-Filed 03/28/2019 11:02:57 AM IN THE CIRCUIT COURT OF THE 14th JUDICIAL CIRCUIT, IN AND FOR BAY COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO.: 19000894CA A-1 QUALITY RESTORATION II LLC D/B/A A-1 QUALITY RESTORATION INC A/A/O BLONDELLE MCGOWAN, Plaintiff, VS. ALLSTATE PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. / PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT Plaintiff, A-1 QUALITY RESTORATION If LLC D/B/A A-1 QUALITY RESTORATION INC A/A/O BLONDELLE MCGOWAN (“Plaintiff”), pursuant to Rule 1.350, Fla. R. Civ, P. requests Defendant, Citizens Property Insurance Corporation (“Defendant”), furnish copies of the following documents to the offices of the undersigned attorney within forty-five (45) days from the date of service of this request. DEFINITIONS AND INSTRUCTIONS 1. The term “Plaintiff? means A-1 QUALITY RESTORATION II LLC D/B/A A-1 QUALITY RESTORATION INC A/A/O BLONDELLE MCGOWAN, and its agents, employees, independent contractors, attorneys, and all other persons acting or purporting to act on its behalf. 2. The term “Insured” means named insured, BLONDELLE MCGOWAN, and his\her agents, employees, independent contractors, attorneys, and all other persons acting or purporting to act on his\her behalf. 3. The term “you” or “Defendant” means ALLSTATE PROPERTY & CASUALTY INSURANCE COMPANY, and its agents, employees, independent contractors, subsidiaries, divisions, parent company, holding company, directors, officers, attorneys, and all other persons acting or purporting to act on its behalf. 1909 TYLER ST. + Suite 502 « Hollywood, Florida 33020 Office: 561-708-0513 + Email: Service@whislerlawfirm.com4. The term “Policy” means the policy, number 141395000, which Defendant issued to Insured for the property located at 122 NGAYLE AVENUE, PANAMA CITY, FL 32401, that was in effect on the date of loss alleged in Plaintiff's Complaint filed in this action. 5. The term “Insured Building” or “Insured Property” means the insured structure and/or its contents located at the address described in Plaintiffs Complaint filed in this action. 6. The term “Plaintiff’s Invoice” or “Invoice” means the invoice, which is attached to Plaintiff's Complaint as Exhibit B, which Plaintiff issued after conducting water restoration services to the Insured Property, after the Insured Property suffered damage caused by a water event on or about the date of loss alleged in the Complaint. 7. The term “Plaintiffs Assignment of Benefits” means the assignment, which is attached to Plaintiff's Complaint as Exhibit A, which the Insured gave to Plaintiff in exchange for Plaintiff conducting water restoration services to the Insured Property on or about the date of loss alleged in Plaintiff's Invoice. 8. The term “Loss” means the event at issue in which the Insured suffered property damage, on the date of loss alleged in Plaintiff's Complaint. 9. The term “person” means any natural person, individual, proprietorship, partnership, corporation, association, organization, joint venture, firm, other business enterprise, governmental body, group of natural persons or other entity. 10. The term “document” or “documents” means any written, typed, or graphic matter or other means of preserving thought or expression and all tangible things from which information can be processed or transcribed, including the originals and all non-identical copies, whether different from the original by reason of any notation made on such copy or otherwise, including, but not limited to, correspondence, emails, memoranda, notes, messages, letters, telegrams, teletype, telefax, bulletins, meetings or other communications, interoffice and intraoffice telephone calls, diaries, claim diaries, electronic claim notes, chronological data, minutes, books, reports, studies, summaries, pamphlets, printed matter, charts, ledgers, invoices, worksheets, receipts, returns, computer printouts, prospectuses, financial statements, schedules, affidavits, contracts, canceled checks, statements, transcripts, statistics, surveys, magazine or newspaper articles, releases (and all drafts, alterations and modifications, changes and amendments of any of the foregoing), graphic or natural records or representations of any kind (including without limitation photographs, photographic negative, microfiche, microfilm, videotape, recordings, motion pictures, phonograph recordings, transcripts or log of such recording, projection), electronic, computer, mechanical, or electric records or representations of any kind (including without limitation tapes, cassettes, discs and records), and binders, cover notes, certificates, analysis, study memoranda, note lists, diaries, logs, questionnaires, bills, purchase orders, shipping orders, memorandum of contract, agreements, licenses, permits, orders, financial data, acknowledgements, computer or data procession cards, computer or data processing discs, and all other data compilations from which information can be obtained or translated, reports and/or summaries of investigations, drafts and revisions of drafts of any documents and original preliminary notes or sketches, no matter how produced or maintained, in your actual or 1909 TYLER ST. + Suite 502 « Hollywood, Florida 33020 Office: 561-708-0513 + Email: Service@whislerlawfirm.comconstructive possession, custody or control, whether prepared, published or released by you or by any other person. If data is stored on computer or electronic media (inter-company email, for example), produce hard copies of each such document.” “Documents” includes all attachments and enclosures. 11. The term “all documents” means every document or group of documents, as above defined, that are known to you or that can be located or discovered by reasonably diligent efforts. 12. The term “coverage letter(s)” means the correspondence from You to the Insured throughout the claim at issue regarding Your position as to coverage for the Loss. 13. As used herein, the singular shall include the plural, the plural shall include the singular, and masculine feminine and neuter shall include each of the other genders. 14. The terms “relating to” or “in any way related to” means in whole or in part constituting, containing, concerning, discussing, commending upon, describing, analyzing, identifying, stating, pertaining to, referring to, or forming the basis of. 15. The term “Prior Claim” means all claims submitted by or on behalf of an Insured for damage occurring prior to the date of loss alleged in Plaintiff's Complaint, regarding the Insured Building or Insured Property. 16. The term “Subsequent Claim” means all claims submitted by or on behalf of an Insured for damage occurring after the date of loss alleged in Plaintiff's Complaint, regarding the Insured Building or Insured Property. 17. The term “Plaintiff's Complaint means the complaint filed by Plaintiff in this action. 18, This request shall be continuing in nature so as to require the filing of supplemental answers to the extent required under Florida law. Requests 1. A certified and complete copy of the Policy that Defendant issued to the Insured that was in effect on or about October 10, 2018. 2. All documents reflecting Defendant’s inspection(s) of the Insured Property after October 10, 2018. 3. All documents reflecting Defendant’s inspection(s) of the Insured Property before October 10, 2018, covering the preceding five (5) years. 1909 TYLER ST. + Suite 502 « Hollywood, Florida 33020 Office: 561-708-0513 + Email: Service@whislerlawfirm.com4. All documents reflecting Defendant’s inspection(s) of the Insured Property during the Defendant’s underwriting of the Insured’s Policy. 5. All documents reflecting Defendant’s inspection(s) of the Insured Property during Defendant’s underwriting of all insurance policies Defendant issued to the Insured for the Insured Property prior to October 10, 2018. 6. All photographs and/or videos submitted by Plaintiff to Defendant in any way related to the Loss or Invoice. 7. All photographs and/or videos submitted by Defendant to Plaintiff in any way related to the Loss or Invoice. 8. All photographs and/or videos taken by Defendant in any way related to the Loss or Invoice. 9. All correspondence, emails and all other documents provided by Plaintiff and/or the Insured, to Defendant in any way related to the Loss or Invoice. 10. All correspondence, emails and all other documents provided by Defendant, to Plaintiff and/or the Insured in any way related to the Loss or Invoice. 11. All documents reflecting Defendant’s efforts to investigate the Loss or Invoice. 12. All documents documenting or supporting Defendant’s affirmative defenses, or that Defendant anticipates will support Defendant’s reasons for denying or failing to pay the full amount of Plaintiff's Invoice. 13. All documents, including but not limited to estimates, reports, testing, photographs and/or videos created by Defendant, Defendant’s adjusters, Defendant’s loss consultants, or by any expert retained by Defendant, including but not limited to plumbers and engineers, in any way related to the Loss and/or Plaintiffs Invoice. 1909 TYLER ST. + Suite 502 « Hollywood, Florida 33020 Office: 561-708-0513 + Email: Service@whislerlawfirm.com14, All documents identified in Defendant’s Answers to Plaintiff's First Set of Interrogatories. 15. A current curriculum vitae and all biographical information for all person(s) who inspected the Insured Property for or on behalf of Defendant following the Loss. 16. A current curriculum vitae and all biographical information for all person(s) who created an estimate for water mitigation and\or services. 17. All documents in any way related to the damage caused to the Insured Property from the alleged Loss. 18. All documents documenting or supporting Plaintiffs claim for collection of its Invoice from Defendant in this lawsuit. 19, All documents related to Plaintiffs Invoice or the Insured Property that support how Defendant determined whether to pay Plaintiff's Invoice, and/or how much of Plaintiffs invoice to pay. 20. All documents reflecting the relationship between Defendant and the adjuster that assisted Defendant in investigating, adjusting, and/or evaluating Plaintiff's Invoice. 21. — All documents that support any denials by Defendant of Plaintiff's First Request for Admissions. 22. All reports relating to the damage the Insured Property sustained during or as a result of the Loss. 23. All reports relating to the condition of the Insured Property before the Loss. 24. All reports relating to the condition of the Insured Property after the Loss. 25. All documents showing when the Insured notified Defendant of the Loss. 26. — All documents showing when Plaintiff notified Defendant of the Loss. 1909 TYLER ST. + Suite 502 « Hollywood, Florida 33020 Office: 561-708-0513 + Email: Service@whislerlawfirm.com27. All electronic claim notes made by or on behalf of Defendant in any way relating to Plaintiff's Invoice, the Loss, or the condition of Insured Property at the time of Loss. (Request limited to documents prior to suit). 28. The part of Defendant’s claim file that Defendant reasonably expects to rely upon at trial in this action. 29. The part of Defendant’s claim file that Defendant reasonably expects to use at trial in support of its affirmative defenses. 30. All documents that Defendant reasonably expects to rely upon at trial in this action. 31. All documents that Defendant reasonably expects to use at trial in support of its affirmative defenses. 32. The part of Defendant’s claim file that supports the action taken by Defendant in paying or refusing to fully pay Plaintiff's Invoice. 33. All documents that support the action taken by Defendant in refusing to pay Plaintiff's full Invoice. 34. All estimates prepared by Defendant in any way related to the amount claimed by Plaintiff in this action and/or to Plaintiffs Invoice. 35. All estimates prepared by water mitigation and/or water restoration companies that Defendant may use to support its reason for non-payment or partial payment of Plaintiffs Invoice. 36. All estimates prepared by adjusters, contractors, loss consultants, or any other person or entity for Defendant, that are in any way related to the amount claimed by Plaintiff in this action and/or to Plaintiff's invoice. 1909 TYLER ST. + Suite 502 « Hollywood, Florida 33020 Office: 561-708-0513 + Email: Service@whislerlawfirm.com37. All estimates prepared by adjusters, contractors, loss consultants, or any other person or entity for Defendant, that Defendant may use to support its reason for partial payment of Plaintiff's invoice. 38. All documents Defendant provided to the person(s) who investigated, adjusted or otherwise evaluated Plaintiff's Invoice or the Loss. 39. All documents reflecting any communication between Defendant, and any of Defendant’s agents, independent adjusters, plumbers, engineers or other representatives, in any way related to Plaintiff's Invoice or the Loss. 40. All underwriting documents in any way relating to the condition of the Insured Property before the Loss. 41. The underwriting file kept by Defendant regarding the Insured Property dating from the inception of Defendant’s Policy on the Insured Premises through the present time. 42. Allinsurance applications the Insured submitted to Defendant regarding the Insured Property, 43. All documents containing any facts supporting any of Defendant’s affirmative defenses. 44. All documents containing any facts supporting any of Defendant’s reasons for failing to pay the full amount to Plaintiff for Plaintiffs Invoices. 45. All documents supporting any allegation or contention by Defendant that Plaintiffs Invoice is related to damages involving a prior claim made by Insured or prior damage sustained by an Insured. 1909 TYLER ST. + Suite 502 « Hollywood, Florida 33020 Office: 561-708-0513 + Email: Service@whislerlawfirm.com46. All documents supporting any allegation or contention by Defendant that Plaintiffs Invoice is related to damages involving a subsequent claim made by Insured or subsequent damage sustained by an Insured. 47. All documents supporting any allegation or contention by Defendant that the Insured’s damages from the Loss are related to damages involving a prior claim made by Insured or prior damage sustained by an Insured. 48. — All documents supporting any allegation or contention by Defendant that related to damages involving a subsequent claim made by Insured or subsequent damage sustained by an Insured. 49. All signed sworn proofs of loss submitted by the Insured to Defendant regarding the Loss. 50. Complete and legible copies of all building permits and all other records obtained from the county or other municipality, applicable to the Insured Property covering a five-year span prior to the Loss. 51. All documents evidencing all payments made by Defendant to the Insured and/or for the Insured’s benefit involving a Prior Claim made by Insured or prior damage sustained by an Insured. 52. All documents evidencing all payments made by Defendant to the Insured and/or for the Insured’s benefit involving a Subsequent Claim made by Insured or subsequent damage sustained by an Insured. 53. All documents evidencing all payments made by Defendant to the Insured and/or for the Insured’s benefit involving the claim for the same date of Loss alleged in the Complaint filed in this action. 1909 TYLER ST. + Suite 502 « Hollywood, Florida 33020 Office: 561-708-0513 + Email: Service@whislerlawfirm.com54. All correspondence and documents between Defendant and any third parties, excluding Defendant’s attorney, in any way related to (1) the condition of the Insured Property before the Loss; or (2) the damage to the Insured Property sustained during the Loss. 55. All reports relating to Plaintiff's Invoice or to the damages sustained to Insured Property during or as a result of the Loss. 56. All documents showing or pertaining to any repairs made to the Insured Property by or on behalf of the Insured prior to the Loss, including but not limited to repair invoices, estimates, canceled checks, credit card receipts, contracts for repair, receipts, certificates of completion, notices of commencement, special assessment notices, payment logs, building permits and building permit applications. 57. All documents showing or pertaining to any repairs made to the Insured Property by or on behalf of the Insured after the Loss, including but not limited to repair invoices, estimates, canceled checks, credit card receipts, contracts for repair, receipts, certificates of completion, notices of commencement, special assessment notices, payment logs, building permits and building permit applications. 58. All transcripts of any Examinations Under Oath given or provided by the Insured regarding the Loss. 59. All transcripts of any Examinations Under Oath given or provided by anyone besides the Insured regarding the Loss. 60. All recorded statements given or provided by the Insured regarding the Loss. This request seeks a copy of the recording itself, not Defendant’s transcript of the recorded statement. 1909 TYLER ST. + Suite 502 « Hollywood, Florida 33020 Office: 561-708-0513 + Email: Service@whislerlawfirm.com61. All recorded statements given or provided by anyone besides the Insured regarding the Loss. This request seeks a copy of the recording itself, not Defendant’s transcript of the recorded statement. 62. All Coverage Letters sent by Defendant to the Insured in any way related to the Loss. 63. All service agreements between Defendant and third party vendor who reviewed Plaintiff's invoice. 64. — All communications between Defendant and third party vendor who reviewed Plaintiff's invoice. CERTIFICATE OF SERVICE I HEREBY CERTIFY that the foregoing was served on Defendant with the Complaint. THE WHISLER LAW FIRM, P.A. Attorney for Plaintiff 1909 Tyler ST Ste. 502 Hollywood, Florida 33020 Telephone: (561) 708-0513 E-Mail: service@whislerlawfirm.com By: _/s/ Joshua Whisler JOSHUA WHISLER, ESQ. FL Bar No. 98172 1909 TYLER ST. + Suite 502 « Hollywood, Florida 33020 Office: 561-708-0513 + Email: Service@whislerlawfirm.com