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Filing # 140449368 E-Filed 12/15/2021 03:28:53 PM
IN THE CIRCUIT COURT OF THE 5TH
JUDICIAL CIRCUIT IN AND FOR CITRUS
COUNTY, FLORIDA
NANCY MAGRENE, Case No.: 2021-CA-000008 A.
Plaintiff,
vs.
SECURITY FIRST INSURANCE
COMPANY,
Defendant.
/
DEFENDANT’S RESPONSE TO REQUEST FOR PRODUCTION
COMES NOW, the Defendant, SECURITY FIRST INSURANCE COMPANY DBA
SECURITY FIRST FLORIDA, by and through the undersigned counsel, and pursuant to Rule
1.345 (Fla. R. Civ. P.) files this response to Plaintiffs First Request for Production as follows:
1. A true and correct certified copy of the insurance policy provided by the Insurance Company to
the Insured, for which this lawsuit is premised, including but not limited to, declaration sheet(s),
all addendums and attachments.
REPLY: Produced.
2. Each and every timesheet, log and all other documents reflecting time spent by the Insurance
Company at the Property.
REPLY: No responsive documents exist.
3. Each and every document, evidencing the name, address, and the position/relationship with the
Insurance Company, of every individual who has visited or plans to visit the Property on behalf of
the Insurance Company.
REPLY: Objection, overbroad, unduly burdensome, harassing.
4. Any and all correspondence or written communications from the Insurance Company to the
Insured, which in any manner pertain to the Insured’s loss as described in the Complaint.
REPLY: Produced.
Page 1 of 55. Any and all correspondence or written communications from the Insured, to the Insurance
Company which in any manner pertains to the Insured’s loss as described in the Complaint.
REPLY: Produced.
6. Any and all photographs taken by the Insurance Company of the Property.
REPLY: Objection, overbroad, vague, ambiguous. This request is not limited by time,
incident, claim, etc. Without waiving said objection and subject thereto, Produced as to
photographs taken by Defendant.
7. All documents containing information regarding a statement by the Insured at any time during
the Insurance Company’s handling of the Insured’s loss, including adjuster notes, claim reports,
interoffice memorandum, tape recordings, Examination Under Oath transcripts, and any other
transcripts or written statements from the Insured.
REPLY: Objection, work product. The claim was reported by Plaintiff’s attorney. At that
time, Defendant anticipated litigation.
Objection, Florida’s Fourth District Court of Appeal has held that discovery on claims
handling procedure is premature, “until the obligation to provide coverage and damages
has been determined, a party is not entitled to discovery related to the claims file or to the
insurer’s business policies or practices regarding handling of claims.” United Property &
Casualty, etc., Appellant v. Judiann Simon, Appellee, Case No.: 4D14-2836 (4" DCA
November 25, 2014) (L.T. No.: 2013CA018602), Citing State Farm Mut. Auto. Ins. Co. v.
Tranchese, 49 So. 3d 809, 810 (Fla. 4" DCA 2010).
Twice, the Third District Court of Appeal has granted petitions for writs of certiorari and
applied Florida law which prohibits discovery of claims file documents and claims
handling materials where a breach of contract or coverage issue is still pending and the
case does not involve a bad faith claim. See State Farm Florida Ins. Co. v. Desai, 106 So.
3d 5 (Fla. 3d DCA 2013); State Farm Florida Ins. Co. v. Ramirez, 86 So. 3d 1198 (Fla. 3d
DCA 2012). This is in keeping with the law as set forth by the Florida Supreme Court in
Allstate Indemnity Company v. Ruiz, 899 So. 2d 1121 (Fla. 2005). see generally State
Farm Florida Ins. Co. v. Gallmon, 835 So. 2d 389 (Fla. 2d DCA 2003) (adjuster notes
included in claims file materials protected by work product privilege); Federal Ins. Co. v.
Hall, 708 So. 2d 976 (Fla. 3d DCA 1998) (granting cert. petition for adjuster notes as work
product).
The adjuster's file and initial claim investigation information contained therein is protected
by the work product privilege. Federal Ins. Co. v. Hall, 708 So.2d 976 (Fla. 3d DCA 1998);
National Union Fire Ins. Co. of Pittsburg, Pa. v. Florida Construction, Commerce and
Industry Self Insurers Fund, 720 So.2d 535 (Fla. 2d DCA 1998) (claims file documents are
protected by work privilege when prepared in anticipation of litigation); Fireman's Fund
Page 2 of 5Ins. Co. v. Signorelli, 680 So.2d 720 (Fla. 2d DCA 1996); American Reliance Ins. Co. v.
Rosemont Condominium Homeowner's Ass'n, Inc., 671 So.2d 250 (Fla. 3d DCA 1996).
Plaintiff has not made a sufficient factual showing to otherwise require an invasion of the
work product privilege in this circumstance. DeBartolo-Aventura, Inc. v. Hernandez, 638
So.2d 988 (Fla. 3d DCA 1994). Plaintiff has not established that there is undue hardship
in the preparation of this case for trial necessitating invasion of the work product privilege.
Fla.R.Civ.P. 1.280(b)(3); Surf Drugs, Inc. v. Vermette, 236 So.2d 108 (Fla. 1970);
Marshalls of Ma, Inc. v. Minsal, 932 So.2d 444 (Fla. 3d DCA 2006); National Sec. Fire &
Cas. Co. v. Dunn, 705 So.2d 605 (Fla. 5th DCA 1997); Dade County School Board v. Soler,
534 So.2d 884 (Fla. 3d DCA 1988) (when party attempting to shield materials establishes
them as work product, burden shifts to party seeking discovery to demonstrate need and
undue hardship); Florida Cypress Gardens, Inc. v. Murphy, 471 So.2d 203 (Fla. 2d DCA
1985).
8. Any and all bills or estimates for repairs to the Property submitted to the Insurance Company
by the Insured.
REPLY: Produced.
9. Any and all checks paid to, or on behalf of the Insured, representing insurance coverage
payment(s) for the loss.
REPLY: Objection, vague and ambiguous. To the extent this request seeks checks from
the insured evidencing premium payments, Objection, irrelevant and immaterial where
Defendant has admitted that the policy was in force and effect on the date of loss. Failure
to pay premiums is not a defense to this claim or suit.
0. All reports which in any manner pertain to the Insured’s loss.
REPLY: Objection, overbroad, vague and ambiguous.
1. All Proof of Loss forms pertaining to the subject loss that were sent or received by you or your
representatives to or from the Insured or the Insured’s representative.
REPLY: No responsive documents exist.
2. Transcripts of all recorded statements taken by you or your representatives in connection with
the subject loss.
REPLY: No responsive documents exist.
3. All inspection reports or other documents that evidence the cause of the damages at issue in
the subject claim as determined by you or your representative.
REPLY: Objection, work product.
Page 3 of 514. All applications for insurance submitted by or on behalf of the Insured to you or your
representatives in connection with obtaining or renewing the subject Policy.
REPLY: Objection, irrelevant and immaterial where Defendant has not alleged material
misrepresentation as a defense to this action and has admitted the policy was in force on
the date of the alleged loss.
5. All photographs or videos taken by you or your representative(s) in connection with the initial
issuance or renewal of the subject Policy.
REPLY: No responsive documents exist.
6. A current curriculum vitae (CV) or resume for each person retained on your behalf for the
purpose of rendering an opinion as to the cause or extent of the subject damage.
REPLY: Defendant has not retained any experts at this time.
7. All affidavits or sworn statements in your possession pertaining to the subject loss.
REPLY: No responsive documents exist.
8. Transcripts of all examinations under oath (EUO) taken by you or your representatives in
connection with the subject loss.
REPLY: No responsive documents exist. No EUO was taken.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
E-Mail this 15th day of December 2021 to the following:
Your Insurance Attorney, PLLC.
2601 South Bayshore Drive 18" Floor
Coconut Grove, FL 33133
Phone No.: 1-888-570-5677
Fax: 1-888-745-5677
Email: YIA13@Y ourinsuranceattorney.com
Secondary Email: Eservice@Y ourinsuranceattorney.com
SCHAROME R. WOLFE P.A.
d/b/a MY LEGAL WOLFE
7380 Sand Lake Road, Suite 500
Orlando, FL 32819
Page 4 of 5(407) 363-7085 / (407) 250-8946 Fax
Primary: Pleadings@mylegalwolfe.com
Secondary: swolfe@mylegalwolfe.com
BY:__/s/ Scharome Wolfe
SCHAROME R. WOLFE, ESQ.
Florida Bar No. 672947
Page 5 of 5
Preview
Filing # 140449368 E-Filed 12/15/2021 03:28:53 PM IN THE CIRCUIT COURT OF THE 5TH JUDICIAL CIRCUIT IN AND FOR CITRUS COUNTY, FLORIDA NANCY MAGRENE, Case No.: 2021-CA-000008 A. Plaintiff, vs. SECURITY FIRST INSURANCE COMPANY, Defendant. / DEFENDANT’S RESPONSE TO REQUEST FOR PRODUCTION COMES NOW, the Defendant, SECURITY FIRST INSURANCE COMPANY DBA SECURITY FIRST FLORIDA, by and through the undersigned counsel, and pursuant to Rule 1.345 (Fla. R. Civ. P.) files this response to Plaintiffs First Request for Production as follows: 1. A true and correct certified copy of the insurance policy provided by the Insurance Company to the Insured, for which this lawsuit is premised, including but not limited to, declaration sheet(s), all addendums and attachments. REPLY: Produced. 2. Each and every timesheet, log and all other documents reflecting time spent by the Insurance Company at the Property. REPLY: No responsive documents exist. 3. Each and every document, evidencing the name, address, and the position/relationship with the Insurance Company, of every individual who has visited or plans to visit the Property on behalf of the Insurance Company. REPLY: Objection, overbroad, unduly burdensome, harassing. 4. Any and all correspondence or written communications from the Insurance Company to the Insured, which in any manner pertain to the Insured’s loss as described in the Complaint. REPLY: Produced. Page 1 of 55. Any and all correspondence or written communications from the Insured, to the Insurance Company which in any manner pertains to the Insured’s loss as described in the Complaint. REPLY: Produced. 6. Any and all photographs taken by the Insurance Company of the Property. REPLY: Objection, overbroad, vague, ambiguous. This request is not limited by time, incident, claim, etc. Without waiving said objection and subject thereto, Produced as to photographs taken by Defendant. 7. All documents containing information regarding a statement by the Insured at any time during the Insurance Company’s handling of the Insured’s loss, including adjuster notes, claim reports, interoffice memorandum, tape recordings, Examination Under Oath transcripts, and any other transcripts or written statements from the Insured. REPLY: Objection, work product. The claim was reported by Plaintiff’s attorney. At that time, Defendant anticipated litigation. Objection, Florida’s Fourth District Court of Appeal has held that discovery on claims handling procedure is premature, “until the obligation to provide coverage and damages has been determined, a party is not entitled to discovery related to the claims file or to the insurer’s business policies or practices regarding handling of claims.” United Property & Casualty, etc., Appellant v. Judiann Simon, Appellee, Case No.: 4D14-2836 (4" DCA November 25, 2014) (L.T. No.: 2013CA018602), Citing State Farm Mut. Auto. Ins. Co. v. Tranchese, 49 So. 3d 809, 810 (Fla. 4" DCA 2010). Twice, the Third District Court of Appeal has granted petitions for writs of certiorari and applied Florida law which prohibits discovery of claims file documents and claims handling materials where a breach of contract or coverage issue is still pending and the case does not involve a bad faith claim. See State Farm Florida Ins. Co. v. Desai, 106 So. 3d 5 (Fla. 3d DCA 2013); State Farm Florida Ins. Co. v. Ramirez, 86 So. 3d 1198 (Fla. 3d DCA 2012). This is in keeping with the law as set forth by the Florida Supreme Court in Allstate Indemnity Company v. Ruiz, 899 So. 2d 1121 (Fla. 2005). see generally State Farm Florida Ins. Co. v. Gallmon, 835 So. 2d 389 (Fla. 2d DCA 2003) (adjuster notes included in claims file materials protected by work product privilege); Federal Ins. Co. v. Hall, 708 So. 2d 976 (Fla. 3d DCA 1998) (granting cert. petition for adjuster notes as work product). The adjuster's file and initial claim investigation information contained therein is protected by the work product privilege. Federal Ins. Co. v. Hall, 708 So.2d 976 (Fla. 3d DCA 1998); National Union Fire Ins. Co. of Pittsburg, Pa. v. Florida Construction, Commerce and Industry Self Insurers Fund, 720 So.2d 535 (Fla. 2d DCA 1998) (claims file documents are protected by work privilege when prepared in anticipation of litigation); Fireman's Fund Page 2 of 5Ins. Co. v. Signorelli, 680 So.2d 720 (Fla. 2d DCA 1996); American Reliance Ins. Co. v. Rosemont Condominium Homeowner's Ass'n, Inc., 671 So.2d 250 (Fla. 3d DCA 1996). Plaintiff has not made a sufficient factual showing to otherwise require an invasion of the work product privilege in this circumstance. DeBartolo-Aventura, Inc. v. Hernandez, 638 So.2d 988 (Fla. 3d DCA 1994). Plaintiff has not established that there is undue hardship in the preparation of this case for trial necessitating invasion of the work product privilege. Fla.R.Civ.P. 1.280(b)(3); Surf Drugs, Inc. v. Vermette, 236 So.2d 108 (Fla. 1970); Marshalls of Ma, Inc. v. Minsal, 932 So.2d 444 (Fla. 3d DCA 2006); National Sec. Fire & Cas. Co. v. Dunn, 705 So.2d 605 (Fla. 5th DCA 1997); Dade County School Board v. Soler, 534 So.2d 884 (Fla. 3d DCA 1988) (when party attempting to shield materials establishes them as work product, burden shifts to party seeking discovery to demonstrate need and undue hardship); Florida Cypress Gardens, Inc. v. Murphy, 471 So.2d 203 (Fla. 2d DCA 1985). 8. Any and all bills or estimates for repairs to the Property submitted to the Insurance Company by the Insured. REPLY: Produced. 9. Any and all checks paid to, or on behalf of the Insured, representing insurance coverage payment(s) for the loss. REPLY: Objection, vague and ambiguous. To the extent this request seeks checks from the insured evidencing premium payments, Objection, irrelevant and immaterial where Defendant has admitted that the policy was in force and effect on the date of loss. Failure to pay premiums is not a defense to this claim or suit. 0. All reports which in any manner pertain to the Insured’s loss. REPLY: Objection, overbroad, vague and ambiguous. 1. All Proof of Loss forms pertaining to the subject loss that were sent or received by you or your representatives to or from the Insured or the Insured’s representative. REPLY: No responsive documents exist. 2. Transcripts of all recorded statements taken by you or your representatives in connection with the subject loss. REPLY: No responsive documents exist. 3. All inspection reports or other documents that evidence the cause of the damages at issue in the subject claim as determined by you or your representative. REPLY: Objection, work product. Page 3 of 514. All applications for insurance submitted by or on behalf of the Insured to you or your representatives in connection with obtaining or renewing the subject Policy. REPLY: Objection, irrelevant and immaterial where Defendant has not alleged material misrepresentation as a defense to this action and has admitted the policy was in force on the date of the alleged loss. 5. All photographs or videos taken by you or your representative(s) in connection with the initial issuance or renewal of the subject Policy. REPLY: No responsive documents exist. 6. A current curriculum vitae (CV) or resume for each person retained on your behalf for the purpose of rendering an opinion as to the cause or extent of the subject damage. REPLY: Defendant has not retained any experts at this time. 7. All affidavits or sworn statements in your possession pertaining to the subject loss. REPLY: No responsive documents exist. 8. Transcripts of all examinations under oath (EUO) taken by you or your representatives in connection with the subject loss. REPLY: No responsive documents exist. No EUO was taken. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by E-Mail this 15th day of December 2021 to the following: Your Insurance Attorney, PLLC. 2601 South Bayshore Drive 18" Floor Coconut Grove, FL 33133 Phone No.: 1-888-570-5677 Fax: 1-888-745-5677 Email: YIA13@Y ourinsuranceattorney.com Secondary Email: Eservice@Y ourinsuranceattorney.com SCHAROME R. WOLFE P.A. d/b/a MY LEGAL WOLFE 7380 Sand Lake Road, Suite 500 Orlando, FL 32819 Page 4 of 5(407) 363-7085 / (407) 250-8946 Fax Primary: Pleadings@mylegalwolfe.com Secondary: swolfe@mylegalwolfe.com BY:__/s/ Scharome Wolfe SCHAROME R. WOLFE, ESQ. Florida Bar No. 672947 Page 5 of 5