Preview
Filing # 141522481 E-Filed 01/06/2022 05:33:35 PM
IN THE CIRCUIT COURT OF THE TH JUDICIAL CIRCUIT,
IN AND FOR CHARLOTTE COUNTY, FLORIDA
GIOVANIS REYES AND ISABEL GUERRA, CASE NO.: 0001164 CA
Plaintiff,
vs.
PEOPLE’S TRUST INSURANCE COMPANY,
Defendant.
_________________________________/
DEFENDANT’S MOTION TO STRIKE PLAINTIFFS’ NOTICE OF VOLUNTARY
DISMISSAL WITHOUT PREJUDICE, IMMEDIATELY RESET DEFENDANT’S
MOTION FOR SUMMARY JUDGMENT FOR HEARING
MOTION FOR FEES AND COSTS
Defendant, PEOPLES TRUST INSURANCE COMPANY (hereinafter “PTI”), by and
through the undersigned counsel, hereby moves this Court for Motion to Strike Plaintiffs’
Notice of Voluntary Dismissal Without Prejudice, Immediately reset PTI’s Motion for
Summary Judgment for hearing, and Motion for Attorneys’ Fees and Costs pursuant to
Florida Rules of Civil Procedure 1.420(d), and in support thereof, states as follows:
On December 28, 2020, Plaintiffs, Giovanis Reyes and Isabel Guerra,
by and through their counsel, Your Insurance Attorney, PLLC, filed a Complaint
against PTI alleging that PTI breached the subject policy pursuant to claim number
CFL20560193. Please see Complaint attached as Exhibit “A.”
Throughout litigation, PTI responded to discovery requests propounded
by Plaintiffs, served a proposal for settlement to each Plaintiff, and filed a Motion for
Summary Judgment on this matter. Please see docket, Notices of Serving Proposal
for Settlement, and Motion for Summary Judgment attached as Composite Exhibit
“B.”
CASE NO.: 0001164 CA
Neither Plaintiff accepted its respective Proposal for Settlement.
The parties agreed to notice PTI’s Motion for Summary Judgment for
hearing to take place on November 8, 2021. Please see Notice of Hearing attached
as Exhibit “C.”
Only days before the hearing on PTI’s Motion for Summary Judgment, on
October 25, 2021 thout warning to PTI Plaintiffs filed a Notice of Voluntary
Dismissal without Prejudice. Please see attached as Exhibit “D.”
Just two days later, on October 27, 2021, Plaintiffs refiled the same
Complaint against PTI, alleging breach of the subject policy pursuant to Claim Number
CFL20560193. The only difference in the two Complaints is that the second Complaint
a count for declaratory relief. Please see Second Complaint attached as Exhibit
“E.”
Plaintiffs’ dismissal of the instant action came just three months after the
Fourth District Court of Appeal of the State of Florida affirmed the trial court’s Order
Granting PTI’s Motion for Summary Judgment on the identical endorsement and
essentially identical facts that are at issue in the instant case. Please see Dodge vs.
PTI Opinion attached as Exhibit “F.”
Furthermore, Plaintiffs’ attorneys undoubtedly are aware of the prior
Summary Judgment Orders that courts across the State of Florida have granted in PTI’s
favor on the exact same endorsement at issue in this case. Please see all Orders to date,
attached as Composite Exhibit “G.”
Therefore, Plaintiffs’ filing of the Voluntary Dismissal without Prejudice on
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CASE NO.: 0001164 CA
dismissal just days prior to a hearing on defendant Ormond Beach Associates Limited’s
motion for summary judgment. The Court ruled that a court may strike a plaintiff’s notice
of voluntary dismissal “where the defendant demonstrates serious prejudice, such as
where he is entitled to receive affirmative relief or a hearing and disposition of the case
on the merits, has acquired some substantial rights in the cause, or where dismissal is
inequitable.”
14. The Fifth District Court of Appeal reviewed Rule 1.420 and stated “[t]he only
recognized common law exception to the broad scope of [Rule 1.420] is in circumstances
where the defendant demonstrates serious prejudice, such as where he is entitled to
receive affirmative relief or a hearing and disposition of the case on the merits, has
acquired some substantial rights in the cause, or where dismissal is inequitable.”
15. In this case, PTI has been severely prejudiced by Plaintiffs’ filing of th
Notice of Voluntary Dismissal without Prejudice due to the following:
PTI spent one year litigation the instant matter, incurring fees and
costs;
PTI had and continues to have a proven track record of succeeding
on the issue of law in this case, namely, the applicability and
enforceability of the Limited Water Damage Endorsement, in past
cases;
Neither Plaintiff accepted PTI’s proposal for settlement, which they
had the opportunity to do so before the hearing on PTI’s Motion for
Summary Judgment;
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CASE NO.: 0001164 CA
Plaintiffs filed their Notice of Voluntary Dismissal without Prejudice on
the eve of PTI’s hearing on its Motion for Summary Judgment;
Just two days after dismissing this lawsuit, Plaintiffs refiled the same
lawsuit against PTI, forcing PTI to incur further fees and costs
associated with defending both actions.
16. Accordingly, Plaintiffs’ Notice of Voluntary Dismissal without Prejudice
should be stricken and PTI should be awarded fees and costs for being forced to file this
motion and attend a hearing on same.
WHEREFORE, PEOPLE'S TRUST INSURANCE COMPANY, respectfully
requests that this Court grant its Motion to Strike Plaintiffs’ Notice of Voluntary Dismissal
without Prejudice, immediately reset PTI’s Motion for Summary Judgment for hearing,
award PTI fees and costs for being forced to file this motion and attend a hearing on
same, or in the alternative, grant PTI fees and costs for defending this action, and any
other relief this Court deems necessary under the circumstances.
(CERTIFICATE OF SERVICE ON FOLLOWING PAGE)
5
CASE NO.: 0001164 CA
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been E
FILED via FLORIDA E PORTAL furnished via electronic mail at Your Insurance Attorney,
PLLC. 2601 South Bayshore Drive, 18 Floor, Coconut Grove, Florida 33133, Joe
DePrado, Esq., JDP@yourinsuranceattorney.com; YIA11@yourinsuranceattorney.com
on April 7, 2021.
Attorney for People’s Trust Insurance
Company
18 People’s Trust Way
Deerfield Beach, FL 33441
Phone: (561) 4171120
Facsimile: (561) 923
lhalligan@pti.insure
icepero@pti.insure
By: s/ Lindsey Halligan
LINDSEY HALLIGAN, ESQ.
Florida Bar No.: 109481
6
*21-000042567*
CASE #:
GIOVANIS REYES AND ISABEL GUERRA
CIRCUIT COURT
COUNTY: CHARLOTTE
PLAINTIFF(S) DFS-SOP #:
PEOPLE'S TRUST INSURANCE COMPANY
DEFENDANT(S)
SUMMONS, COMPLAINT, DISCOVERY
NOTICE OF SERVICE OF PROCESS
NOTICE IS HEREBY GIVEN of acceptance of Service of Process by the Chief Financial Officer of the
State of Florida. Said process was received in my office by ELECTRONIC DELIVERY on Saturday,
January 30, 2021 and a copy was forwarded by ELECTRONIC DELIVERY on Tuesday, February 2,
2021 to the designated agent for the named entity as shown below.
PEOPLE'S TRUST INSURANCE COMPANY
BRETT FRANKEL, ESQ.
18 PEOPLE'S TRUST WAY
DEERFIELD BEACH, FL 33441
*Our office will only serve the initial process(Summons and Complaint) or Subpoena and is not responsible
for transmittal of any subsequent filings, pleadings, or documents unless otherwise ordered by the Court
pursuant to Florida Rules of Civil Procedure, Rule #1.080
Jimmy Patronis
Chief Financial Officer
cc to:
ANTHONY LOPEZ
2601 SOUTH BAYSHORE DRIVE - SUITE 850
COCONUT GROVE, FL 33133
BB1
Office of the General Counsel - Service of Process Section
200 East Gaines Street - P.O. Box 6200 - Tallahassee, FL 32314-6200 - (850)413-4200
RECEIVED AS STATUTORY REGISTERED AGENT
on 30 January, 2021 and served on defendant or named party on 02 February, 2021
by the Florida Department of Financial Services
IN THE CIRCUIT COURT OF THE
20TH JUDICIAL CIRCUIT IN AND FOR
CHARLOTTE COUNTY, FLORIDA
CASE NO.:
GIOVANIS REYES and ISABEL GUERRA
Plaintiffs,
PEOPLE'S TRUST INSURANCE COMPANY
Defendant
COMPLAINT
Plaintiffs, GIOVANIS REYES and ISABEL GUERRA (collectively referred to hereafter as
the “Insured”), hereby sue Defendant, PEOPLE'S TRUST INSURANCE COMPANY (the
“Insurance Company”), and allege as follows:
PARTIES, JURISDICTION AND VENUE
This is an action for damages that exceeds Thirty Thousand and 00/100 Dollars
($30,000.00), exclusive of interest, costs and attorney’s fees and equitable relief by way of a
Declaratory Judgment Action.
The Insured are individuals who at all times material hereto have resided in
Charlotte County, Florida.
The Insurance Company is Florida corporation qualified to do business in Florida
and has, at all times material hereto, been conducting business in Charlotte County, Florida.
Venue is proper in Charlotte County, Florida because the contract, which forms the
subject matter of this lawsuit, was executed in Charlotte County, Florida.
All conditions precedent to the filing of this lawsuit have occurred, have been
waived or have been performed.
GENERAL ALLEGATIONS
At all times material hereto, in consideration of a premium paid by the Insured,
there was in full force and effect a certain homeowners insurance policy issued by the Insuran
Company with a policy number of PFL370668-02 (the “Policy”).
The Insured after diligent search and expending all efforts to locate a copy of the
Policy have not been able to do so. However, the Insurance Company must have a copy of said
Policy in its possession; as such the Insured will file a copy of the Policy after the same is provided
by the Insurance Company.
The damaged property is located at 131 Leland St SE Port Charlotte (the
“Property”).
Pursuant to the terms of the Policy, the Insurance Company agreed to provide
insurance coverage to the Insured’s Property for all risks unless specifically excluded by the terms
of the Policy.
On or about January 15, 2020, while the Policy was in full force and effect, the
Property sustained a covered loss as a result of sudden and accidental failure of plumbing system
(the “Loss”).
The Insurance Company assigned claim number CFL20560193 the Loss.
The Insurance Company acknowledged that the Property sustained a covered Loss
and offered payment.
However, after diligent inspection of the Loss, it was obvious that the Property
sustained covered damages greater than the damages acknowledged by the Insurance Company.
As of the date of the filing of this lawsuit, the Insurance Company has failed to
acknowledge that additional payment would be forthcoming and it has failed to adequately provide
coverage under the terms of the Policy. As a result of the foregoing, the Insurance Company has
breached the Policy.
The Insured have suffered and continues to suffer damages resulting from Insurance
Company’s breach of the Policy.
The Insured have been obligated to retain the undersigned attorneys for the
rosecution of this action and are entitled to a reasonable attorney’s fee pursuant to Florida Statute
Sections 627.428 and/or 626.9373.
COUNT I
BREACH OF CONTRACT
The Insured reincorporate paragraphs 1 through 15 as if fully set forth herein.
It is undisputed that the Insured and the Insurance Company entered into a written
contract, the Policy, wherein the Insured agreed to pay a premium and the Insurance Company
agreed to insure the Insured’s Property.
The Insured have paid all premiums due and owing as contemplated by the Policy;
thus, fully performing their obligations under the Policy.
The Insured’s Property sustained damage which the Insurance Company agreed to
provide coverage for under the terms of the Policy.
The Insurance Company has failed to: (i) provide coverage for the Loss under the
terms of the Policy; and/or (ii) acknowledge that additional payment would be forthcoming; and/or
(iii) make adequate payment of insurance proceeds to the Insured. As a result of the foregoing, the
Insurance Company has breached the Policy.
As a direct and proximate result of the Insurance Company’s breach of the Policy,
the Insured have sustained damages.
WHEREFORE, the Insured respectfully request that this Court enters judgment against the
Insurance Company for damages, plus interest, court costs and reasonable attorney’s fees pursuant
to Sections 627.428 and/or 626.9373, Florida Statutes.
JURY TRIAL DEMAND
Plaintiffs hereby demands a trial by jury on all issues so triable.
Dated this day of December, 2020.
Your Insurance Attorney, PLLC.
2601 South Bayshore Drive 18th Floor
Coconut Grove, FL 33133
Phone No.: 1-888-570-5677
Fax: 1-888-745-5677
Email: JDP@Yourinsuranceattorney.com
Secondary Email: YIA11@Yourinsuranceattorney.com
: /s/ Joe DePrado_________
Joe DePrado, Esq.
Florida Bar No. 0127312
ward De La Osa, Esq.
Florida Bar No. 1010022
Sullying Ceballos, Esq.
Florida Bar No. 1017956
IN THE CIRCUIT COURT OF THE
20TH JUDICIAL CIRCUIT IN AND FOR
CHARLOTTE COUNTY, FLORIDA
CASE NO.:
GIOVANIS REYES and ISABEL GUERRA
Plaintiffs
PEOPLE'S TRUST INSURANCE COMPANY
Defendant
PLAINTIFFS' FIRST SET OF INTERROGATORIES
Plaintiffs GIOVANIS REYES and ISABEL GUERRA (collectively referred to hereaf er as
the “Insured”), pursuant to Rule 1.340 of the Florida Rules of Civil Procedure, propound the
following First Set of Interrogatories upon Defendant, PEOPLE'S TRUST INSURANCE
COMPANY (the “Insurance Company”), to be answered in writing, under oath, within the time
specified.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served via U.S. mail
to: PEOPLE'S TRUST INSURANCE COMPANY c/o The Florida Chief Financial Officer as RA,
200 E. Gaines Street, Tallahassee, Florida 32399-4201, on this 16 day of December 2020.
Your Insurance Attorney, PLLC.
2601 South Bayshore Drive 18th Floor
Coconut Grove, FL 33133
Phone No.: 1-888-570-5677
Fax: 1-888-745-5677
Email: JDP@Yourinsuranceattorney.com
Secondary Email: YIA11@Yourinsuranceattorney.com
: /s/ Joe DePrado_________
Joe DePrado, Esq.
Florida Bar No. 0127312
ward De La Osa, Esq.
Florida Bar No. 1010022
Sullying Ceballos, Esq.
Florida Bar No. 1017956
Page of
SERVED WITH COMPLAINT
RE: GIOVANIS REYES and ISABEL GUERRA V. PEOPLE'S TRUST
INSURANCE COMPANY
To Whom It May Concern:
At this time, we would like to request that your office provide five or more dates to
coordinate the deposition of your corporate representative(s), in connection with the above-
referenced matter within one hundred and sixty (160) days. I have attached the proposed areas
of inquiry for your convenience. Please note this is not an exhaustive list and additional areas of
inquiry may be necessary depending upon additional discovery and responses to questions asked
at the deposition. Please forward all dates to YIA11@Yourinsuranceattorney.com.
Should you have any questions, please do not hesitate to contact us. In the meantime, I
look forward to your anticipated prompt cooperation in this matter. Failure to provide dates
within the prescribed time may necessitate the filing of a Motion to Compel.
Kind Regards,
YOUR INSURANCE ATTORNEY, PLLC
Joe DePrado, Esq.
IN THE CIRCUIT COURT OF THE
20TH JUDICIAL CIRCUIT IN AND FOR
CHARLOTTE COUNTY, FLORIDA
CASE NO.:
GIOVANIS REYES and ISABEL GUERRA
Plaintiffs
PEOPLE'S TRUST INSURANCE COMPANY
Defendant
/
PROPOSED NOTICE OF TAKING DEPOSITION DUCES TECUM
PLEASE TAKE NOTICE that the undersigned attorneys will take the following
deposition at the place, date and time indicated below:
NAME DATE TIME PLACE
Corporate Representative TBD TBD TBD
with knowledge pursuant
to Fla. R. Civ. P.
1.310(b)(6)
In accordance with the Americans with Disabilities Act of 1990, persons needing a special
accommodation to participate in this proceeding should contact the offices of the
undersigned at 305-444-5969
Pursuant to Rule 1.310(b)(6) of the Florida Rules of Civil Procedure, you are hereby requested to
designate one or more officers, directors, managing agents or other persons who consent to
testify on behalf of the parties being deposed as the persons having the most knowledge
concerning the area of the subject matter described on Schedule A attached hereto.
Upon oral examination before a commissioner appointed by the Court, a Notary Public, or any
other officer authorized to administer oaths by the laws of the State of Florida, who is neither a
relative nor employee of such attorney or counsel and who is not financially interested in this
action. The deposition will continue from day to day until completed. The deposition is being
taken for purposes of discovery and for use as evidence in this case, for use at trial, or for such
other purposes as are permitted under the Florida Rules of Civil Procedure.
The deponent is to bring at the above time and place the following documents listed on the
attached Schedule B
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served to
DEFENDANT, PEOPLE'S TRUST INSURANCE COMPANY on the _____ day of December
Your Insurance Attorney, PLLC.
2601 South Bayshore Drive 18th Floor
Coconut Grove, FL 33133
Phone No.: 1-888-570-5677
Fax: 1-888-745-5677
Email: JDP@Yourinsuranceattorney.com
Secondary Email: YIA11@Yourinsuranceattorney.com
: /s/ Joe DePrado_________
Joe DePrado, Esq.
Florida Bar No. 0127312
ward De La Osa, Esq.
Florida Bar No. 1010022
Sullying Ceballos, Esq.
Florida Bar No. 1017956
SCHEDULE A
The allegations set forth in the Complaint.
The Insurance Policy entered into between the Insurer and the Insured as referenced in
the Complaint.
All facts related to the Insurer’s involvement in the Insured’s claim as referenced in the
Complaint.
All facts related to communications between the Insured and agents of the Insurer as it
relates to the allegations set forth in the Complaint.
The adjustment and claim handling of the instant claim alleged in the Complaint.
The dollar value of the Insured’s damages.
All facts and information supporting your defenses to the Plaintiff(s) claim for
insurance proceeds as alleged in the Complaint.
All facts and information supporting Your Answer and Affirrmative Defenses.
All facts and information supporting any defense or exclusion of coverage under the
Insurance Policy entered into between Plaintiff and Defendant as referenced in the
Complaint.
SCHEDULE B
Please bring a copy of all documents in your possession for the instant Claim as defined
in the Complaint that are not protected by a claimed privilege. If you are not producing
documents pursuant to this Schedule B request because you are claiming a privilege
please provide a privilege log. If a document is not produced and not referenced on a
privilege log we will assume it does not exist.
IN THE CIRCUIT COURT OF THE
20TH JUDICIAL CIRCUIT IN AND FOR
CHARLOTTE COUNTY, FLORIDA
CASE NO.:
GIOVANIS REYES and ISABEL GUERRA
Plaintiffs
PEOPLE'S TRUST INSURANCE COMPANY
Defendant
/
PLAINTIFFS' FIRST REQUEST FOR ADMISSIONS
Plaintiffs GIOVANIS REYES and ISABEL GUERRA (collectively referred to hereafter
as the “Insured”), pursuant to Rule 1.370 of the Florida Rules of Civil Procedure, propound the
following First Request for Admissions upon Defendant, PEOPLE'S TRUST INSURANCE
COMPANY (the “Insurance Company”), to be answered in writing, under oath, within the time
specified.
Admit that the insurance agreement that serves as the subject matter of this litigation
was in effect at the time of the loss
Admit that the insurance agreement that serves as the subject matter of this
litigation provided coverage for the specific losses alleged in this action.
Admit that the Insured(s) timely notified the Insurance Company of the loss that
brought rise to this action.
Admit that the Insured(s) has complied with all policy conditions to receive benefits
under the subject policy of insurance.
Admit that the Insured(s) has complied with all post loss conditions precedent to
the filing of this lawsuit.
Admit the Insurance Company inspected the Property.
Admit the Insurance Company inspected the damage.
Admit the Insurance Company did not request a sworn statement in proof of loss
from the Insured(s).
Admit the Insurance Company did not request an examination under oath (EUO)
from the Insured(s).
Admit the Insurance Company did not request a recorded statement from the
Insured(s).
mit the Insurance Company did not retain an expert to assist in its investigation
during the adjustment of the loss.
Admit the Insurance Company received documentation from the Insured(s) in
support of his/her loss.
Admit the Insurance Company received an estimate of damage from the Insured(s).
Admit the Insurance Company received invoices, estimates, or receipts evidencing
repairs made to the Property.
Admit the Insured(s) made repairs to the Property following the loss.
Admit the field adjuster who inspected the Property is not an expert in determining
cause of damage.
Admit the Insurance Company did not properly indemnify the Insured(s).
Admit the Insured(s) kept an accurate record of his/her repairs and expenses.
Admit the Insured(s) mitigated the damage to the Property.
Admit the Insured(s) made reasonable and necessary repairs to the Property
following the loss.
Admit that the Insurance Company insured the property in the condition the
property existed at the time of the Policy’s inception.
Admit the damage was caused by a covered loss.
Admit that the Insurance Company is required to pay the Insured’s attorney’s fees
and costs pursuant to Florida Statute Section 627.428, if the Insured(s) prevails.
CERTIFICATE OF SERVICE
HEREBY CERTIFY that a true and correct copy of the foregoing was served via U.S.
mail to: PEOPLE'S TRUST INSURANCE COMPANY c/o The Florida Chief Financial Officer
as RA, 200 E. Gaines Street, Tallahassee, Florida 32399-4201, on this 16 day of December 2020.
Your Insurance Attorney, PLLC.
2601 South Bayshore Drive 18th Floor
Coconut Grove, FL 33133
Phone No.: 1-888-570-5677
Fax: 1-888-745-5677
Email: JDP@Yourinsuranceattorney.com
Secondary Email: YIA11 YIA.com
: /s/ Joe DePrado_________
Joe DePrado, Esq.
Florida Bar No. 0127312
ward De La Osa, Esq.
Florida Bar No. 1010022
Sullying Ceballos, Esq.
Florida Bar No. 1017956
IN THE CIRCUIT COURT OF THE
20TH JUDICIAL CIRCUIT IN AND FOR
CHARLOTTE COUNTY, FLORIDA
CASE NO.:
GIOVANIS REYES and ISABEL GUERRA
Plaintiffs
PEOPLE'S TRUST INSURANCE COMPANY
Defendant
PLAINTIFFS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS
Plaintiffs GIOVANIS REYES and ISABEL GUERRA (the “Insured”), pursuant to Rule
1.350 of the Florida Rules of Civil Procedure, hereby request that Defendant, PEOPLE'S TRUST
INSURANCE COMPANY (the “Insurance Company”), make available for inspection and
duplication, in response to each numbered paragraph, all documents specified herein which are in its
possession, custody or control or in the possession, custody or control of its agents, accountants or
attorneys. Defendant is requested to make such production within the time period prescribed either
by the Florida Rules of Civil Procedure or by order of the Court, at the offices of Your Insurance
Attorney, PLLC., 2601 South Bayshore Drive, 18 Floor, Coconut Grove, Florida 33133.
I. DEFINITIONS AND INSTRUCTIONS
The terms "you", "your(s)", “yourselves”, “defendant”, and/or “Insurance Company
means the party or parties to which this request is addressed, and any agents, representatives,
attorneys or other persons acting or purporting to act, on its behalf.
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.
The “Complaint” means the Complaint filed by the Insured in this action.
The term "document" shall mean any written or graphic matter and 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, memoranda, notes, messages, letters, telegrams, teletype, telefax, bulletins,
meetings or other communications, inter-office and intra office telephone calls, diaries,
chronological data, minutes, books, reports, studies, summaries, pamphlets, bulletins, printed matter,
charts, ledgers, invoices, work-sheets, receipts, returns, computer printouts, prospectuses, financial
statements, schedules, affidavits, contracts, canceled checks, statements, transcripts, statistics,
surveys, magazine or newspaper articles, releases (and any and all drafts, alterations or
modifications, changes and amendments of any of the foregoing), graphic or aural records or
representations of any kind (including without limitation, photographs, microfiche, microfilm,
videotape, records and motion pictures) and electronic, mechanical or electric records or
representations of any kind (including without limitation, tapes, cassettes, discs and records).
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.
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The term “Insurance Company” shall refer to the Defendant in this action, its
affiliates, subsidiaries, predecessors, successors, agents, attorneys and/or anyone else acting in its
behalf.
The term "communication(s)" means every manner or means of disclosure, transfer or
exchange of information, whether in person, by telephone, mail, personal delivery or otherwise.
As used herein, the singular shall include the plural, the plural shall include the
singular, and the masculine, feminine and neuter shall include each of the other genders.
The terms "and", “as well as” and "or" shall be construed disjunctively as well as
conjunctively as necessary to make the interrogatory inclusive rather than exclusive. The term "all"
means "any and all." The terms "each" and “every” means "each and every," the term “including”
means “including without limitation.”
The terms "referring to" or "relating to" mean setting forth, pertaining to,
memorializing, constituting, embodying, discussing, analyzing, reflecting or otherwise concerning.
The terms "locate" or "location" means to state the present whereabouts of each
document and to identify the person(s) having possession, custody or control thereof.
The term "to date" shall mean the date on which you respond to this request.
When producing the required documents, please keep all documents segregated by
the file in which the documents are contained and indicate the name of the file in which the
documents are contained and the name of the documents being produced.
When producing the required documents, please produce all other documents that are
clipped, stapled or otherwise attached to any requested document.
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In the event such file(s) or document(s) has (have) been removed, either for the
purpose of this action or for some other purpose, please state the name and address of the person
who removed the file, the title of the file and each sub file, if any, maintained within the file, and the
present location of the file.
The words "and" and "or" shall be construed either conjunctively or disjunctively to
bring within the scope of these requests any documents which might otherwise be construed to be
outside their scope.
If you claim that the attorney/client or any other privilege or the attorney's work
product doctrine applies to any document, the production of which is called for by these requests,
then for each such document, state its date, subject matter, author(s), recipient(s), present custodian
and all past custodians, and such additional information concerning the claim of privilege or work
product doctrine as will permit the adjudication of the propriety of the claim.
If you contend that it would be unreasonably burdensome to obtain and provide all of
the documents called for in response to any one of these requests, then in response to the appropriate
request:
(a) furnish each such document that is available to you without
undertaking what you contend to be an unreasonable burden;
(b) state with particularity the grounds on which you contend that
additional efforts to obtain such documents would be unreasonably
burdensome; and
(c) describe with particularity the efforts made by you to secure such
documents, including, without limitation, the identity of all persons
consulted, and
Preview
Filing # 141522481 E-Filed 01/06/2022 05:33:35 PM IN THE CIRCUIT COURT OF THE TH JUDICIAL CIRCUIT, IN AND FOR CHARLOTTE COUNTY, FLORIDA GIOVANIS REYES AND ISABEL GUERRA, CASE NO.: 0001164 CA Plaintiff, vs. PEOPLE’S TRUST INSURANCE COMPANY, Defendant. _________________________________/ DEFENDANT’S MOTION TO STRIKE PLAINTIFFS’ NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE, IMMEDIATELY RESET DEFENDANT’S MOTION FOR SUMMARY JUDGMENT FOR HEARING MOTION FOR FEES AND COSTS Defendant, PEOPLES TRUST INSURANCE COMPANY (hereinafter “PTI”), by and through the undersigned counsel, hereby moves this Court for Motion to Strike Plaintiffs’ Notice of Voluntary Dismissal Without Prejudice, Immediately reset PTI’s Motion for Summary Judgment for hearing, and Motion for Attorneys’ Fees and Costs pursuant to Florida Rules of Civil Procedure 1.420(d), and in support thereof, states as follows: On December 28, 2020, Plaintiffs, Giovanis Reyes and Isabel Guerra, by and through their counsel, Your Insurance Attorney, PLLC, filed a Complaint against PTI alleging that PTI breached the subject policy pursuant to claim number CFL20560193. Please see Complaint attached as Exhibit “A.” Throughout litigation, PTI responded to discovery requests propounded by Plaintiffs, served a proposal for settlement to each Plaintiff, and filed a Motion for Summary Judgment on this matter. Please see docket, Notices of Serving Proposal for Settlement, and Motion for Summary Judgment attached as Composite Exhibit “B.” CASE NO.: 0001164 CA Neither Plaintiff accepted its respective Proposal for Settlement. The parties agreed to notice PTI’s Motion for Summary Judgment for hearing to take place on November 8, 2021. Please see Notice of Hearing attached as Exhibit “C.” Only days before the hearing on PTI’s Motion for Summary Judgment, on October 25, 2021 thout warning to PTI Plaintiffs filed a Notice of Voluntary Dismissal without Prejudice. Please see attached as Exhibit “D.” Just two days later, on October 27, 2021, Plaintiffs refiled the same Complaint against PTI, alleging breach of the subject policy pursuant to Claim Number CFL20560193. The only difference in the two Complaints is that the second Complaint a count for declaratory relief. Please see Second Complaint attached as Exhibit “E.” Plaintiffs’ dismissal of the instant action came just three months after the Fourth District Court of Appeal of the State of Florida affirmed the trial court’s Order Granting PTI’s Motion for Summary Judgment on the identical endorsement and essentially identical facts that are at issue in the instant case. Please see Dodge vs. PTI Opinion attached as Exhibit “F.” Furthermore, Plaintiffs’ attorneys undoubtedly are aware of the prior Summary Judgment Orders that courts across the State of Florida have granted in PTI’s favor on the exact same endorsement at issue in this case. Please see all Orders to date, attached as Composite Exhibit “G.” Therefore, Plaintiffs’ filing of the Voluntary Dismissal without Prejudice on 2 CASE NO.: 0001164 CA dismissal just days prior to a hearing on defendant Ormond Beach Associates Limited’s motion for summary judgment. The Court ruled that a court may strike a plaintiff’s notice of voluntary dismissal “where the defendant demonstrates serious prejudice, such as where he is entitled to receive affirmative relief or a hearing and disposition of the case on the merits, has acquired some substantial rights in the cause, or where dismissal is inequitable.” 14. The Fifth District Court of Appeal reviewed Rule 1.420 and stated “[t]he only recognized common law exception to the broad scope of [Rule 1.420] is in circumstances where the defendant demonstrates serious prejudice, such as where he is entitled to receive affirmative relief or a hearing and disposition of the case on the merits, has acquired some substantial rights in the cause, or where dismissal is inequitable.” 15. In this case, PTI has been severely prejudiced by Plaintiffs’ filing of th Notice of Voluntary Dismissal without Prejudice due to the following: PTI spent one year litigation the instant matter, incurring fees and costs; PTI had and continues to have a proven track record of succeeding on the issue of law in this case, namely, the applicability and enforceability of the Limited Water Damage Endorsement, in past cases; Neither Plaintiff accepted PTI’s proposal for settlement, which they had the opportunity to do so before the hearing on PTI’s Motion for Summary Judgment; 4 CASE NO.: 0001164 CA Plaintiffs filed their Notice of Voluntary Dismissal without Prejudice on the eve of PTI’s hearing on its Motion for Summary Judgment; Just two days after dismissing this lawsuit, Plaintiffs refiled the same lawsuit against PTI, forcing PTI to incur further fees and costs associated with defending both actions. 16. Accordingly, Plaintiffs’ Notice of Voluntary Dismissal without Prejudice should be stricken and PTI should be awarded fees and costs for being forced to file this motion and attend a hearing on same. WHEREFORE, PEOPLE'S TRUST INSURANCE COMPANY, respectfully requests that this Court grant its Motion to Strike Plaintiffs’ Notice of Voluntary Dismissal without Prejudice, immediately reset PTI’s Motion for Summary Judgment for hearing, award PTI fees and costs for being forced to file this motion and attend a hearing on same, or in the alternative, grant PTI fees and costs for defending this action, and any other relief this Court deems necessary under the circumstances. (CERTIFICATE OF SERVICE ON FOLLOWING PAGE) 5 CASE NO.: 0001164 CA CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been E FILED via FLORIDA E PORTAL furnished via electronic mail at Your Insurance Attorney, PLLC. 2601 South Bayshore Drive, 18 Floor, Coconut Grove, Florida 33133, Joe DePrado, Esq., JDP@yourinsuranceattorney.com; YIA11@yourinsuranceattorney.com on April 7, 2021. Attorney for People’s Trust Insurance Company 18 People’s Trust Way Deerfield Beach, FL 33441 Phone: (561) 4171120 Facsimile: (561) 923 lhalligan@pti.insure icepero@pti.insure By: s/ Lindsey Halligan LINDSEY HALLIGAN, ESQ. Florida Bar No.: 109481 6 *21-000042567* CASE #: GIOVANIS REYES AND ISABEL GUERRA CIRCUIT COURT COUNTY: CHARLOTTE PLAINTIFF(S) DFS-SOP #: PEOPLE'S TRUST INSURANCE COMPANY DEFENDANT(S) SUMMONS, COMPLAINT, DISCOVERY NOTICE OF SERVICE OF PROCESS NOTICE IS HEREBY GIVEN of acceptance of Service of Process by the Chief Financial Officer of the State of Florida. Said process was received in my office by ELECTRONIC DELIVERY on Saturday, January 30, 2021 and a copy was forwarded by ELECTRONIC DELIVERY on Tuesday, February 2, 2021 to the designated agent for the named entity as shown below. PEOPLE'S TRUST INSURANCE COMPANY BRETT FRANKEL, ESQ. 18 PEOPLE'S TRUST WAY DEERFIELD BEACH, FL 33441 *Our office will only serve the initial process(Summons and Complaint) or Subpoena and is not responsible for transmittal of any subsequent filings, pleadings, or documents unless otherwise ordered by the Court pursuant to Florida Rules of Civil Procedure, Rule #1.080 Jimmy Patronis Chief Financial Officer cc to: ANTHONY LOPEZ 2601 SOUTH BAYSHORE DRIVE - SUITE 850 COCONUT GROVE, FL 33133 BB1 Office of the General Counsel - Service of Process Section 200 East Gaines Street - P.O. Box 6200 - Tallahassee, FL 32314-6200 - (850)413-4200 RECEIVED AS STATUTORY REGISTERED AGENT on 30 January, 2021 and served on defendant or named party on 02 February, 2021 by the Florida Department of Financial Services IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CASE NO.: GIOVANIS REYES and ISABEL GUERRA Plaintiffs, PEOPLE'S TRUST INSURANCE COMPANY Defendant COMPLAINT Plaintiffs, GIOVANIS REYES and ISABEL GUERRA (collectively referred to hereafter as the “Insured”), hereby sue Defendant, PEOPLE'S TRUST INSURANCE COMPANY (the “Insurance Company”), and allege as follows: PARTIES, JURISDICTION AND VENUE This is an action for damages that exceeds Thirty Thousand and 00/100 Dollars ($30,000.00), exclusive of interest, costs and attorney’s fees and equitable relief by way of a Declaratory Judgment Action. The Insured are individuals who at all times material hereto have resided in Charlotte County, Florida. The Insurance Company is Florida corporation qualified to do business in Florida and has, at all times material hereto, been conducting business in Charlotte County, Florida. Venue is proper in Charlotte County, Florida because the contract, which forms the subject matter of this lawsuit, was executed in Charlotte County, Florida. All conditions precedent to the filing of this lawsuit have occurred, have been waived or have been performed. GENERAL ALLEGATIONS At all times material hereto, in consideration of a premium paid by the Insured, there was in full force and effect a certain homeowners insurance policy issued by the Insuran Company with a policy number of PFL370668-02 (the “Policy”). The Insured after diligent search and expending all efforts to locate a copy of the Policy have not been able to do so. However, the Insurance Company must have a copy of said Policy in its possession; as such the Insured will file a copy of the Policy after the same is provided by the Insurance Company. The damaged property is located at 131 Leland St SE Port Charlotte (the “Property”). Pursuant to the terms of the Policy, the Insurance Company agreed to provide insurance coverage to the Insured’s Property for all risks unless specifically excluded by the terms of the Policy. On or about January 15, 2020, while the Policy was in full force and effect, the Property sustained a covered loss as a result of sudden and accidental failure of plumbing system (the “Loss”). The Insurance Company assigned claim number CFL20560193 the Loss. The Insurance Company acknowledged that the Property sustained a covered Loss and offered payment. However, after diligent inspection of the Loss, it was obvious that the Property sustained covered damages greater than the damages acknowledged by the Insurance Company. As of the date of the filing of this lawsuit, the Insurance Company has failed to acknowledge that additional payment would be forthcoming and it has failed to adequately provide coverage under the terms of the Policy. As a result of the foregoing, the Insurance Company has breached the Policy. The Insured have suffered and continues to suffer damages resulting from Insurance Company’s breach of the Policy. The Insured have been obligated to retain the undersigned attorneys for the rosecution of this action and are entitled to a reasonable attorney’s fee pursuant to Florida Statute Sections 627.428 and/or 626.9373. COUNT I BREACH OF CONTRACT The Insured reincorporate paragraphs 1 through 15 as if fully set forth herein. It is undisputed that the Insured and the Insurance Company entered into a written contract, the Policy, wherein the Insured agreed to pay a premium and the Insurance Company agreed to insure the Insured’s Property. The Insured have paid all premiums due and owing as contemplated by the Policy; thus, fully performing their obligations under the Policy. The Insured’s Property sustained damage which the Insurance Company agreed to provide coverage for under the terms of the Policy. The Insurance Company has failed to: (i) provide coverage for the Loss under the terms of the Policy; and/or (ii) acknowledge that additional payment would be forthcoming; and/or (iii) make adequate payment of insurance proceeds to the Insured. As a result of the foregoing, the Insurance Company has breached the Policy. As a direct and proximate result of the Insurance Company’s breach of the Policy, the Insured have sustained damages. WHEREFORE, the Insured respectfully request that this Court enters judgment against the Insurance Company for damages, plus interest, court costs and reasonable attorney’s fees pursuant to Sections 627.428 and/or 626.9373, Florida Statutes. JURY TRIAL DEMAND Plaintiffs hereby demands a trial by jury on all issues so triable. Dated this day of December, 2020. Your Insurance Attorney, PLLC. 2601 South Bayshore Drive 18th Floor Coconut Grove, FL 33133 Phone No.: 1-888-570-5677 Fax: 1-888-745-5677 Email: JDP@Yourinsuranceattorney.com Secondary Email: YIA11@Yourinsuranceattorney.com : /s/ Joe DePrado_________ Joe DePrado, Esq. Florida Bar No. 0127312 ward De La Osa, Esq. Florida Bar No. 1010022 Sullying Ceballos, Esq. Florida Bar No. 1017956 IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CASE NO.: GIOVANIS REYES and ISABEL GUERRA Plaintiffs PEOPLE'S TRUST INSURANCE COMPANY Defendant PLAINTIFFS' FIRST SET OF INTERROGATORIES Plaintiffs GIOVANIS REYES and ISABEL GUERRA (collectively referred to hereaf er as the “Insured”), pursuant to Rule 1.340 of the Florida Rules of Civil Procedure, propound the following First Set of Interrogatories upon Defendant, PEOPLE'S TRUST INSURANCE COMPANY (the “Insurance Company”), to be answered in writing, under oath, within the time specified. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served via U.S. mail to: PEOPLE'S TRUST INSURANCE COMPANY c/o The Florida Chief Financial Officer as RA, 200 E. Gaines Street, Tallahassee, Florida 32399-4201, on this 16 day of December 2020. Your Insurance Attorney, PLLC. 2601 South Bayshore Drive 18th Floor Coconut Grove, FL 33133 Phone No.: 1-888-570-5677 Fax: 1-888-745-5677 Email: JDP@Yourinsuranceattorney.com Secondary Email: YIA11@Yourinsuranceattorney.com : /s/ Joe DePrado_________ Joe DePrado, Esq. Florida Bar No. 0127312 ward De La Osa, Esq. Florida Bar No. 1010022 Sullying Ceballos, Esq. Florida Bar No. 1017956 Page of SERVED WITH COMPLAINT RE: GIOVANIS REYES and ISABEL GUERRA V. PEOPLE'S TRUST INSURANCE COMPANY To Whom It May Concern: At this time, we would like to request that your office provide five or more dates to coordinate the deposition of your corporate representative(s), in connection with the above- referenced matter within one hundred and sixty (160) days. I have attached the proposed areas of inquiry for your convenience. Please note this is not an exhaustive list and additional areas of inquiry may be necessary depending upon additional discovery and responses to questions asked at the deposition. Please forward all dates to YIA11@Yourinsuranceattorney.com. Should you have any questions, please do not hesitate to contact us. In the meantime, I look forward to your anticipated prompt cooperation in this matter. Failure to provide dates within the prescribed time may necessitate the filing of a Motion to Compel. Kind Regards, YOUR INSURANCE ATTORNEY, PLLC Joe DePrado, Esq. IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CASE NO.: GIOVANIS REYES and ISABEL GUERRA Plaintiffs PEOPLE'S TRUST INSURANCE COMPANY Defendant / PROPOSED NOTICE OF TAKING DEPOSITION DUCES TECUM PLEASE TAKE NOTICE that the undersigned attorneys will take the following deposition at the place, date and time indicated below: NAME DATE TIME PLACE Corporate Representative TBD TBD TBD with knowledge pursuant to Fla. R. Civ. P. 1.310(b)(6) In accordance with the Americans with Disabilities Act of 1990, persons needing a special accommodation to participate in this proceeding should contact the offices of the undersigned at 305-444-5969 Pursuant to Rule 1.310(b)(6) of the Florida Rules of Civil Procedure, you are hereby requested to designate one or more officers, directors, managing agents or other persons who consent to testify on behalf of the parties being deposed as the persons having the most knowledge concerning the area of the subject matter described on Schedule A attached hereto. Upon oral examination before a commissioner appointed by the Court, a Notary Public, or any other officer authorized to administer oaths by the laws of the State of Florida, who is neither a relative nor employee of such attorney or counsel and who is not financially interested in this action. The deposition will continue from day to day until completed. The deposition is being taken for purposes of discovery and for use as evidence in this case, for use at trial, or for such other purposes as are permitted under the Florida Rules of Civil Procedure. The deponent is to bring at the above time and place the following documents listed on the attached Schedule B CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served to DEFENDANT, PEOPLE'S TRUST INSURANCE COMPANY on the _____ day of December Your Insurance Attorney, PLLC. 2601 South Bayshore Drive 18th Floor Coconut Grove, FL 33133 Phone No.: 1-888-570-5677 Fax: 1-888-745-5677 Email: JDP@Yourinsuranceattorney.com Secondary Email: YIA11@Yourinsuranceattorney.com : /s/ Joe DePrado_________ Joe DePrado, Esq. Florida Bar No. 0127312 ward De La Osa, Esq. Florida Bar No. 1010022 Sullying Ceballos, Esq. Florida Bar No. 1017956 SCHEDULE A The allegations set forth in the Complaint. The Insurance Policy entered into between the Insurer and the Insured as referenced in the Complaint. All facts related to the Insurer’s involvement in the Insured’s claim as referenced in the Complaint. All facts related to communications between the Insured and agents of the Insurer as it relates to the allegations set forth in the Complaint. The adjustment and claim handling of the instant claim alleged in the Complaint. The dollar value of the Insured’s damages. All facts and information supporting your defenses to the Plaintiff(s) claim for insurance proceeds as alleged in the Complaint. All facts and information supporting Your Answer and Affirrmative Defenses. All facts and information supporting any defense or exclusion of coverage under the Insurance Policy entered into between Plaintiff and Defendant as referenced in the Complaint. SCHEDULE B Please bring a copy of all documents in your possession for the instant Claim as defined in the Complaint that are not protected by a claimed privilege. If you are not producing documents pursuant to this Schedule B request because you are claiming a privilege please provide a privilege log. If a document is not produced and not referenced on a privilege log we will assume it does not exist. IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CASE NO.: GIOVANIS REYES and ISABEL GUERRA Plaintiffs PEOPLE'S TRUST INSURANCE COMPANY Defendant / PLAINTIFFS' FIRST REQUEST FOR ADMISSIONS Plaintiffs GIOVANIS REYES and ISABEL GUERRA (collectively referred to hereafter as the “Insured”), pursuant to Rule 1.370 of the Florida Rules of Civil Procedure, propound the following First Request for Admissions upon Defendant, PEOPLE'S TRUST INSURANCE COMPANY (the “Insurance Company”), to be answered in writing, under oath, within the time specified. Admit that the insurance agreement that serves as the subject matter of this litigation was in effect at the time of the loss Admit that the insurance agreement that serves as the subject matter of this litigation provided coverage for the specific losses alleged in this action. Admit that the Insured(s) timely notified the Insurance Company of the loss that brought rise to this action. Admit that the Insured(s) has complied with all policy conditions to receive benefits under the subject policy of insurance. Admit that the Insured(s) has complied with all post loss conditions precedent to the filing of this lawsuit. Admit the Insurance Company inspected the Property. Admit the Insurance Company inspected the damage. Admit the Insurance Company did not request a sworn statement in proof of loss from the Insured(s). Admit the Insurance Company did not request an examination under oath (EUO) from the Insured(s). Admit the Insurance Company did not request a recorded statement from the Insured(s). mit the Insurance Company did not retain an expert to assist in its investigation during the adjustment of the loss. Admit the Insurance Company received documentation from the Insured(s) in support of his/her loss. Admit the Insurance Company received an estimate of damage from the Insured(s). Admit the Insurance Company received invoices, estimates, or receipts evidencing repairs made to the Property. Admit the Insured(s) made repairs to the Property following the loss. Admit the field adjuster who inspected the Property is not an expert in determining cause of damage. Admit the Insurance Company did not properly indemnify the Insured(s). Admit the Insured(s) kept an accurate record of his/her repairs and expenses. Admit the Insured(s) mitigated the damage to the Property. Admit the Insured(s) made reasonable and necessary repairs to the Property following the loss. Admit that the Insurance Company insured the property in the condition the property existed at the time of the Policy’s inception. Admit the damage was caused by a covered loss. Admit that the Insurance Company is required to pay the Insured’s attorney’s fees and costs pursuant to Florida Statute Section 627.428, if the Insured(s) prevails. CERTIFICATE OF SERVICE HEREBY CERTIFY that a true and correct copy of the foregoing was served via U.S. mail to: PEOPLE'S TRUST INSURANCE COMPANY c/o The Florida Chief Financial Officer as RA, 200 E. Gaines Street, Tallahassee, Florida 32399-4201, on this 16 day of December 2020. Your Insurance Attorney, PLLC. 2601 South Bayshore Drive 18th Floor Coconut Grove, FL 33133 Phone No.: 1-888-570-5677 Fax: 1-888-745-5677 Email: JDP@Yourinsuranceattorney.com Secondary Email: YIA11 YIA.com : /s/ Joe DePrado_________ Joe DePrado, Esq. Florida Bar No. 0127312 ward De La Osa, Esq. Florida Bar No. 1010022 Sullying Ceballos, Esq. Florida Bar No. 1017956 IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CASE NO.: GIOVANIS REYES and ISABEL GUERRA Plaintiffs PEOPLE'S TRUST INSURANCE COMPANY Defendant PLAINTIFFS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS Plaintiffs GIOVANIS REYES and ISABEL GUERRA (the “Insured”), pursuant to Rule 1.350 of the Florida Rules of Civil Procedure, hereby request that Defendant, PEOPLE'S TRUST INSURANCE COMPANY (the “Insurance Company”), make available for inspection and duplication, in response to each numbered paragraph, all documents specified herein which are in its possession, custody or control or in the possession, custody or control of its agents, accountants or attorneys. Defendant is requested to make such production within the time period prescribed either by the Florida Rules of Civil Procedure or by order of the Court, at the offices of Your Insurance Attorney, PLLC., 2601 South Bayshore Drive, 18 Floor, Coconut Grove, Florida 33133. I. DEFINITIONS AND INSTRUCTIONS The terms "you", "your(s)", “yourselves”, “defendant”, and/or “Insurance Company means the party or parties to which this request is addressed, and any agents, representatives, attorneys or other persons acting or purporting to act, on its behalf. 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. The “Complaint” means the Complaint filed by the Insured in this action. The term "document" shall mean any written or graphic matter and 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, memoranda, notes, messages, letters, telegrams, teletype, telefax, bulletins, meetings or other communications, inter-office and intra office telephone calls, diaries, chronological data, minutes, books, reports, studies, summaries, pamphlets, bulletins, printed matter, charts, ledgers, invoices, work-sheets, receipts, returns, computer printouts, prospectuses, financial statements, schedules, affidavits, contracts, canceled checks, statements, transcripts, statistics, surveys, magazine or newspaper articles, releases (and any and all drafts, alterations or modifications, changes and amendments of any of the foregoing), graphic or aural records or representations of any kind (including without limitation, photographs, microfiche, microfilm, videotape, records and motion pictures) and electronic, mechanical or electric records or representations of any kind (including without limitation, tapes, cassettes, discs and records). 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. Page of The term “Insurance Company” shall refer to the Defendant in this action, its affiliates, subsidiaries, predecessors, successors, agents, attorneys and/or anyone else acting in its behalf. The term "communication(s)" means every manner or means of disclosure, transfer or exchange of information, whether in person, by telephone, mail, personal delivery or otherwise. As used herein, the singular shall include the plural, the plural shall include the singular, and the masculine, feminine and neuter shall include each of the other genders. The terms "and", “as well as” and "or" shall be construed disjunctively as well as conjunctively as necessary to make the interrogatory inclusive rather than exclusive. The term "all" means "any and all." The terms "each" and “every” means "each and every," the term “including” means “including without limitation.” The terms "referring to" or "relating to" mean setting forth, pertaining to, memorializing, constituting, embodying, discussing, analyzing, reflecting or otherwise concerning. The terms "locate" or "location" means to state the present whereabouts of each document and to identify the person(s) having possession, custody or control thereof. The term "to date" shall mean the date on which you respond to this request. When producing the required documents, please keep all documents segregated by the file in which the documents are contained and indicate the name of the file in which the documents are contained and the name of the documents being produced. When producing the required documents, please produce all other documents that are clipped, stapled or otherwise attached to any requested document. Page of In the event such file(s) or document(s) has (have) been removed, either for the purpose of this action or for some other purpose, please state the name and address of the person who removed the file, the title of the file and each sub file, if any, maintained within the file, and the present location of the file. The words "and" and "or" shall be construed either conjunctively or disjunctively to bring within the scope of these requests any documents which might otherwise be construed to be outside their scope. If you claim that the attorney/client or any other privilege or the attorney's work product doctrine applies to any document, the production of which is called for by these requests, then for each such document, state its date, subject matter, author(s), recipient(s), present custodian and all past custodians, and such additional information concerning the claim of privilege or work product doctrine as will permit the adjudication of the propriety of the claim. If you contend that it would be unreasonably burdensome to obtain and provide all of the documents called for in response to any one of these requests, then in response to the appropriate request: (a) furnish each such document that is available to you without undertaking what you contend to be an unreasonable burden; (b) state with particularity the grounds on which you contend that additional efforts to obtain such documents would be unreasonably burdensome; and (c) describe with particularity the efforts made by you to secure such documents, including, without limitation, the identity of all persons consulted, and