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Filing # 125016742 E-Filed 04/15/2021 04:01:28 PM
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT
IN AND FOR CITRUS COUNTY, FLORIDA
GENERAL CIVIL DIVISION
SAMUEL MCMECHAN and
JUDITH MCMECHAN,
Plaintiffs,
vs. Case No.: 2021-CA-000001-A
TOWER HILL PRIME
INSURANCE COMPANY,
Defendant.
/
TICE OF TAKING DEPOSITION DUCES TECUM OF CORPORATE
REPRESENTATIVE PER FLA, R. CIV, P, 1,310(b)(6)
(Via Zoom)
TO ALL COUNSEL OF RECORD:
Name Date and Time Place of Taking
Corporate Representative of September 16, 2021 Integra Reporting
Defendant 10:00 a.m. (Est) Via Zoom
PLEASE TAKE NOTICE that the undersigned attorneys will take the deposition of the
above-named persons upon oral examination for purpose of discovery and all other purposes
permitted by applicable statutes and/or the Florida Rules of Civil Procedure without limitation, via
Zoom before Integra Reporting, Notary Public, or before some other officer authorized by law to
administer oaths, who is not a relative, employee, attorney, or counsel of any of the parties, or a
relative, or employee of such attorney or counsel, or financially interested in the action, and
pursuant to adjournments, if any, by said office until said testimony shall be completed. You are
hereby notified to be present at the time and placestated.The oral examination will continue from day to day until completed. This deposition is
being taken for the purposes of discovery, for use at trial, or both of the foregoing, or for such
other purposes as are permitted under the applicable and governing rules.
TOWER HILL PRIME INSURNACE COMPANY (“TOWER”)
shall produce one or more persons with knowledge of the following:
1.
10.
i.
12.
13.
The details of the claims that are the subject of this lawsuit, including the investigationof
the claims conducted by Defendant.
The communications, oral, written and electronic, between Defendant and Plaintiffs or
anyone on Plaintiffs’ behalf regarding the claims.
The communications, oral, written, and electronic, between Defendant and Plaintiffs and
any third parties regarding the claims.
The nature and extent of the damages to the subject property that are the subject of this
lawsuit.
The cause and/or origin of the damages to the subject property that are the subject ofthis
lawsuit.
The cost to repair the damages and/or to restore the subject property to its pre-loss
condition that is the subject of this lawsuit.
The scope and/or method of repairing the damages and/or to restore the subject property
to its pre-loss condition that is the subject of this lawsuit.
The facts upon which Defendant based its decisions to deny any portion of Plaintiffs’
claim.
The provisions of Defendant’s insurance policy which apply to these claims, including
the specific provisions which Defendant contends support its decisions to deny the claims.
The facts which Defendant contends support its answer and affirmative defenses filed
herein in response to Plaintiffs’ Complaint.
The facts which support Defendant’s discovery responses.
The condition of the subject property prior to the subject policy period.
When Defendant insured the subject property.14. The date and circumstances which gave rise to Defendant’s reasonable expectation or
belief that litigation would ensure, result, or arise regarding the subject claims.
15. The person who can discuss all current controlling contracts, agreements or documents
describing the relationship(s) between Defendant and any third-party(ies) who Defendant
is relying upon to support its answer or affirmative defenses in this matter.
16. The person who can discuss the amount of money Defendant has paid and the number of
times Defendant has retained any third-party who Defendant is relying upon to support
its answer or affirmative defenses, in this matter, in the previous three (3) years.
PRODUCTION OF DOCUMENTS AT DEPOSITION
This Notice requires you to bring documents to the deposition or to produce them before
such deposition (which will likely shorten the Deposition time). For production of documents
prior to the deposition, documents can most easily be sent via email to the email addresses in the
certificate of service below. The less preferred method for production prior to the deposition
would be by mail to the physical address in the certificate of service below. NOTE: in the event
that responsive documents have been previously provided through discovery, those documents
should still be brought to the deposition, unless counsel for both parties agree otherwise. Failure
to bring the requested documents to the deposition, absent an agreement otherwise, will likely
require a continuance of part or all of the deposition.
These requests for documents are made in accordance with the Florida Rules of Civil
Procedure, and any responses should be produced in accordance with same. NOTE: if there is
any misunderstanding or confusion about the following requests, do not hesitate to pick up the
phone and contact the undersigned counsel prior to the deposition, to expedite and avoid any
delay.
For any responsive documents that exist but are not being produced as a result of any
privilege, protection, objection, or applicable case law, a Privilege Log should be provided at or
before the deposition. Any Privilege Log should outline: (1) the general nature of the document;(2) the basis for withholding production of the document; and (3) the number of pages.
DEFINITIONS
“Plaintiffs” or “Insured” means SAMUEL MCMECHAN AND JUDITH
MCMECHAN, his agent, representative, and others known to you to have acted on his
respective behalf.
“Defendant” means TOWER HILL PRIME INSURANCE COMPANY (TOWER), its
subsidiaries, divisions, parent company, and holding company and the directors, officers,
employees, agents, representatives, and others known to you to have acted on their
respective behalf.
DOCUMENTS YOU SHOULD PRODUCE
All documents, photographs, and/or videos comprising the entire claims file concerning
the Subject Claim. (Ifa claim of privilege is asserted as to any document, please provide
a detailed privilege log as outlined above.)
A certified original copy of the complete insurance policy and all endorsements and/or
policy limitations that is the subject of this lawsuit.
Copies of all payments made to Plaintiffs, or any beneficiaries or assignees of the
Plaintiffs related to the subject claims.
All documents, photographs, and/or videos, which form a basis for and/or which support
the affirmative defenses asserted by Defendant in this case.
All documents you reviewed in preparation for this deposition that you will rely on in
providing your testimony.
All documents you reviewed in refreshing your recollection in preparation for your
deposition testimony.
All applications for insurance signed by Plaintiffs, which Defendant relied upon in issuing
the policy of insurance at issue in this case.
All documents regarding the condition of the subject property prior to the subject policy
period.
Copies of documents, including but not limited to 1099’s, evidencing the amount of
money Defendant has paid to any third-party(ies), who Defendant is relying upon to
support its answer or affirmative defenses in this matter, for its involvement in the subject
claims.
Copies of documents, including but not limited to 1099’s, evidencing the amount of
4money Defendant has paid to any third-party(ies), who Defendant is relying
upon to support its answer or affirmative defenses in this matter, in the
previous three (3) years.
11. Any and all current and controlling contracts, agreements or documents
describing the relationship between Defendant and any third-party(ies) who
Defendant is relying upon to support its answer or affirmative defenses in this
matter.
12. All documents regarding the nature and/or extent of the damages to the subject
property that are the subject of this lawsuit.
13. All documents regarding the cause and/or origin of the damages to the subject
property that are the subject of this lawsuit.
14. All documents regarding the cost to repair the damage and/or to restore the
subject property to its pre-loss condition that is the subject of this lawsuit.
15. All documents regarding the scope and/or method of repairing the damages
and/or the restore the subject property to its pre-loss condition that is the subject
of this lawsuit.
16. All authoritative sources Defendant consulted in determining the scope of
repair/restoration and the cost of repair/restoration to return the subject property
to its pre- loss condition that is the subject of this lawsuit, including but not
limited to, any Florida Statutes, codes, ordinances, regulations, standards,
treatises, guidelines, manuals, etc.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via Electronic
Mail, pursuant Florida Rule of Judicial Administration 2.516(b)(1), through the Court’s E-Filing Portal System
to: Fredric §. Zinober, Esquire, and Veronica Hickey, Esquire, (fred@zinoberdiana.com,
yeronica@zinoberdiana.com, shannon@zinoberdiana.com, gabby@zinoberdiana.com), counsel for Defendant
on this 15" day of April, 2021.
By: __/s/ Dean Makris
Makris & Mullinax, P.A.
Dean Makris, Esquire
FBN: 111630
Matthew K. Mullinax, Esquire
FBN: 86181
James Garner, Esquire
FBN: 96354
Email:dean@makrismullinax.commatt@makrismullinax.com
james@makrismullinax.com
908 W. Horatio Street
Tampa, Florida 33606
Telephone: 813.485.7700
Attorney for Plaintiffs
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Filing # 125016742 E-Filed 04/15/2021 04:01:28 PM IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR CITRUS COUNTY, FLORIDA GENERAL CIVIL DIVISION SAMUEL MCMECHAN and JUDITH MCMECHAN, Plaintiffs, vs. Case No.: 2021-CA-000001-A TOWER HILL PRIME INSURANCE COMPANY, Defendant. / TICE OF TAKING DEPOSITION DUCES TECUM OF CORPORATE REPRESENTATIVE PER FLA, R. CIV, P, 1,310(b)(6) (Via Zoom) TO ALL COUNSEL OF RECORD: Name Date and Time Place of Taking Corporate Representative of September 16, 2021 Integra Reporting Defendant 10:00 a.m. (Est) Via Zoom PLEASE TAKE NOTICE that the undersigned attorneys will take the deposition of the above-named persons upon oral examination for purpose of discovery and all other purposes permitted by applicable statutes and/or the Florida Rules of Civil Procedure without limitation, via Zoom before Integra Reporting, Notary Public, or before some other officer authorized by law to administer oaths, who is not a relative, employee, attorney, or counsel of any of the parties, or a relative, or employee of such attorney or counsel, or financially interested in the action, and pursuant to adjournments, if any, by said office until said testimony shall be completed. You are hereby notified to be present at the time and placestated.The oral examination will continue from day to day until completed. This deposition is being taken for the purposes of discovery, for use at trial, or both of the foregoing, or for such other purposes as are permitted under the applicable and governing rules. TOWER HILL PRIME INSURNACE COMPANY (“TOWER”) shall produce one or more persons with knowledge of the following: 1. 10. i. 12. 13. The details of the claims that are the subject of this lawsuit, including the investigationof the claims conducted by Defendant. The communications, oral, written and electronic, between Defendant and Plaintiffs or anyone on Plaintiffs’ behalf regarding the claims. The communications, oral, written, and electronic, between Defendant and Plaintiffs and any third parties regarding the claims. The nature and extent of the damages to the subject property that are the subject of this lawsuit. The cause and/or origin of the damages to the subject property that are the subject ofthis lawsuit. The cost to repair the damages and/or to restore the subject property to its pre-loss condition that is the subject of this lawsuit. The scope and/or method of repairing the damages and/or to restore the subject property to its pre-loss condition that is the subject of this lawsuit. The facts upon which Defendant based its decisions to deny any portion of Plaintiffs’ claim. The provisions of Defendant’s insurance policy which apply to these claims, including the specific provisions which Defendant contends support its decisions to deny the claims. The facts which Defendant contends support its answer and affirmative defenses filed herein in response to Plaintiffs’ Complaint. The facts which support Defendant’s discovery responses. The condition of the subject property prior to the subject policy period. When Defendant insured the subject property.14. The date and circumstances which gave rise to Defendant’s reasonable expectation or belief that litigation would ensure, result, or arise regarding the subject claims. 15. The person who can discuss all current controlling contracts, agreements or documents describing the relationship(s) between Defendant and any third-party(ies) who Defendant is relying upon to support its answer or affirmative defenses in this matter. 16. The person who can discuss the amount of money Defendant has paid and the number of times Defendant has retained any third-party who Defendant is relying upon to support its answer or affirmative defenses, in this matter, in the previous three (3) years. PRODUCTION OF DOCUMENTS AT DEPOSITION This Notice requires you to bring documents to the deposition or to produce them before such deposition (which will likely shorten the Deposition time). For production of documents prior to the deposition, documents can most easily be sent via email to the email addresses in the certificate of service below. The less preferred method for production prior to the deposition would be by mail to the physical address in the certificate of service below. NOTE: in the event that responsive documents have been previously provided through discovery, those documents should still be brought to the deposition, unless counsel for both parties agree otherwise. Failure to bring the requested documents to the deposition, absent an agreement otherwise, will likely require a continuance of part or all of the deposition. These requests for documents are made in accordance with the Florida Rules of Civil Procedure, and any responses should be produced in accordance with same. NOTE: if there is any misunderstanding or confusion about the following requests, do not hesitate to pick up the phone and contact the undersigned counsel prior to the deposition, to expedite and avoid any delay. For any responsive documents that exist but are not being produced as a result of any privilege, protection, objection, or applicable case law, a Privilege Log should be provided at or before the deposition. Any Privilege Log should outline: (1) the general nature of the document;(2) the basis for withholding production of the document; and (3) the number of pages. DEFINITIONS “Plaintiffs” or “Insured” means SAMUEL MCMECHAN AND JUDITH MCMECHAN, his agent, representative, and others known to you to have acted on his respective behalf. “Defendant” means TOWER HILL PRIME INSURANCE COMPANY (TOWER), its subsidiaries, divisions, parent company, and holding company and the directors, officers, employees, agents, representatives, and others known to you to have acted on their respective behalf. DOCUMENTS YOU SHOULD PRODUCE All documents, photographs, and/or videos comprising the entire claims file concerning the Subject Claim. (Ifa claim of privilege is asserted as to any document, please provide a detailed privilege log as outlined above.) A certified original copy of the complete insurance policy and all endorsements and/or policy limitations that is the subject of this lawsuit. Copies of all payments made to Plaintiffs, or any beneficiaries or assignees of the Plaintiffs related to the subject claims. All documents, photographs, and/or videos, which form a basis for and/or which support the affirmative defenses asserted by Defendant in this case. All documents you reviewed in preparation for this deposition that you will rely on in providing your testimony. All documents you reviewed in refreshing your recollection in preparation for your deposition testimony. All applications for insurance signed by Plaintiffs, which Defendant relied upon in issuing the policy of insurance at issue in this case. All documents regarding the condition of the subject property prior to the subject policy period. Copies of documents, including but not limited to 1099’s, evidencing the amount of money Defendant has paid to any third-party(ies), who Defendant is relying upon to support its answer or affirmative defenses in this matter, for its involvement in the subject claims. Copies of documents, including but not limited to 1099’s, evidencing the amount of 4money Defendant has paid to any third-party(ies), who Defendant is relying upon to support its answer or affirmative defenses in this matter, in the previous three (3) years. 11. Any and all current and controlling contracts, agreements or documents describing the relationship between Defendant and any third-party(ies) who Defendant is relying upon to support its answer or affirmative defenses in this matter. 12. All documents regarding the nature and/or extent of the damages to the subject property that are the subject of this lawsuit. 13. All documents regarding the cause and/or origin of the damages to the subject property that are the subject of this lawsuit. 14. All documents regarding the cost to repair the damage and/or to restore the subject property to its pre-loss condition that is the subject of this lawsuit. 15. All documents regarding the scope and/or method of repairing the damages and/or the restore the subject property to its pre-loss condition that is the subject of this lawsuit. 16. All authoritative sources Defendant consulted in determining the scope of repair/restoration and the cost of repair/restoration to return the subject property to its pre- loss condition that is the subject of this lawsuit, including but not limited to, any Florida Statutes, codes, ordinances, regulations, standards, treatises, guidelines, manuals, etc. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via Electronic Mail, pursuant Florida Rule of Judicial Administration 2.516(b)(1), through the Court’s E-Filing Portal System to: Fredric §. Zinober, Esquire, and Veronica Hickey, Esquire, (fred@zinoberdiana.com, yeronica@zinoberdiana.com, shannon@zinoberdiana.com, gabby@zinoberdiana.com), counsel for Defendant on this 15" day of April, 2021. By: __/s/ Dean Makris Makris & Mullinax, P.A. Dean Makris, Esquire FBN: 111630 Matthew K. Mullinax, Esquire FBN: 86181 James Garner, Esquire FBN: 96354 Email:dean@makrismullinax.commatt@makrismullinax.com james@makrismullinax.com 908 W. Horatio Street Tampa, Florida 33606 Telephone: 813.485.7700 Attorney for Plaintiffs