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Filing # 125648556 E-Filed 04/27/2021 09:31:48 AM
IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT,
IN AND FOR FLAGLER COUNTY, FLORIDA
MICHAEL RUDY, CASE NO.: 2021 CA 000024
Plaintiff,
Vv.
THE STANDARD FIRE
INSURANCE COMPANY,
Defendant.
/
PL IFF’S FIRST REQUEST TO PRODUCE TO DEFENDANT
The Plaintiff, MICHAEL RUDY, by and through his undersigned counsel and pursuant
to Rule 1.350, Fla. R. Civ. P., requests the Defendant, THE STANDARD FIRE INSURANCE
COMPANY, to produce and/or permit the following for inspection and copying the following
documents and things.
1. DEFINITIONS AND INSTRUCTIONS
1. The term “person” means any natural person, any business entity (whether a
corporation, partnership, or other business association), any government or political subdivision
thereof, or governmental body, commission board, agency, bureau, or department.
2. The terms “document” or “documents” mean the original and all copies thereof
which are different in any way from the original (whether by interlineation, receipt stamps
notation, indication of copies sent or received, or otherwise) and all attached or annexed
materials to any written, typewritten, handwritten, printed, graphic, photographic or recorded
material as well as computer data files, tapes, disks, inputs or outputs, and other computer-
readable records or programs, transcripts and copies and reproductions thereof, however
produced or reproduced, now or at any time in your actual or constructive possession, custody or
control. The terms “document” or “documents” includes, but is not limited to, correspondence,
e-mail, telegrams, facsimiles, telexes, memoranda, memoranda of records of meetings,
conferences, telephone or other communications, pamphlets, books, notes, reports, studies,
transcripts, indexes, accounting records of any kind, including bank examination report, whether
state or federal, filings, records, charts, tabulations, lists, analyses, graphs, diagrams, estimates,
minutes, (including board and loan committee minutes), tapes, computer discs (CD’s),
photographs and photographic films, recording tapes, video tapes, data compilations from which
information can be obtained or can be translated into a form reasonably usable, as well as any
contracts or agreements, and records of every kind and type, including any information formerly
or presently kept by any method of electronic data processing, digital or magnetic tape storage
medium, including the original “hard copy” of any such data.
3. The term “things” means tangible or intangible property not otherwise defined as
a document.
Electronically Received in the Office of the Clerk of the Circuit Court - Flagler County, Florida - 04/27/2021 02:23 PM4. The term “copy” when used in reference to a document means any facsimile
reproduction of a document, regardless of the method by which the facsimile reproduction is
made.
5. The terms “identify” or “identification” when used in reference to an individual
person mean to state his/her full name, present address, if known, and his/her present
employment position (i.e. job title) and employer. When used in reference to a person other than
an individual person, “identify” or “identification” means to state whether such a person is a
corporation, partnership, or other organization, and the name, present or last known address, and
the principal place of business thereof. Once any such person has been identified properly it
shall be sufficient thereafter when identifying that person to state his name only.
6. The term “communication” includes any recorded conversation (whether
transcribed or not) or writing, or, including, but not limited to, telephone conversations and
meetings, letters, e-mails, facsimile, telegraphic, and telex communications.
7. The term “information” means data of any kind recorded in any language,
including machine language and recorded numerically, and in any form of expression.
8. The term “act” means any act, transaction, decision, communication, statement,
conduct, meeting, or any other type of event or occurrence (hereinafter collectively referred to as
“act”), and your response should include, but not be limited to, the following:
a. The date of the act;
b. The place where the act occurred;
c. The identification of the parties thereto and any other persons present,
consulted or otherwise involved, together with any firm or corporation on whose behalf each
such person acted or purported to act, and in the case of any type of communication oral or
written, specify the sender and the recipient:
d. The substance and nature of the act; and
e. The identification of all documents pertaining to the act.
9. The terms “and” and “or? shall be construed conjunctively rather than
disjunctively, as is necessary to make each request inclusive rather than exclusive.
10. The phrase “pertaining or relating” means being connected or associated, or
referring to or concerning something.
11. The term “produce” means to make available the original documents or things
requested herein for inspection and copying, and to separate such documents into the categories
set forth in this request.
12. Your duty to respond is continuing. If subsequent to your responses and/or you
providing any of the documents requested herein, you obtain, discover, acquire, or otherwise
cause to possess, in any manner, any information or documents subject to this request, you are
required to submit a supplemental response disclosing this information, and to make any
documents available for inspection and copying by the undersigned attorneys at such reasonable
time as agreed upon between counsel for the parties.Il. CLAIM OF PRIVILEGE
If you object to any discovery request on the basis of attorney-client privilege or work-
product privileges, state the privilege claimed, and identify the document or communication for
which such privilege is claimed, stating the following:
a. The date thereof;
b. The description of the document or communication protected, including the
identity of all persons present, if an oral communication; or all persons who received a copy of
such communication, if written; and
c. The subject matter of the document or communication.
Til. TIME AND PLACE OF PRODUCTION
You are requested to produce the documents or things designated in Part IV hereof at the
offices of the undersigned attorney on or before thirty (30) days after service of this request,
excluding time allowed for service by mail, at a time to be mutually agreed upon, or by mailing
the same to the undersigned attorney at his address.
IV. DOCUMENTS AND THINGS TO BE PRODUCED
1. Any and all photographs, DVDs, and/or videotapes of the scene of the incident
alleged in the Complaint taken by the Defendant, or any person, firm or corporation on behalf of
the Defendant;
2. Any and all photographs, DVDs, and/or videotapes of the motor vehicles involved
in the incident alleged in the Complaint taken by the Defendant, or any person, firm or
corporation on behalf of the Defendant;
3. Any and all photographs, DVDs, and/or videotapes (surveillance or otherwise) of
the Plaintiff taken by the Defendant, or any person, firm or corporation on behalf of the
Defendant;
4. Any and all surveillance and/or investigative reports referring to the incident
alleged in the Complaint obtained or taken by the Defendant or any person, firm or corporation
on behalf of the Defendant;
5. Any and all liability, UM/UIM and umbrella insurance policies in force to cover
the incident alleged in the Complaint, including the declaration sheet thereof;
6. Any and all written or recorded statements of the Plaintiff in this cause obtained
or taken by the Defendant or any person, firm or corporation on behalf of the Defendant;7. Any and all written or recorded statement of any eyewitness to the incident
alleged in the Complaint obtained or taken by any person, firm or corporation at any time within
30 days after the incident alleged in the Complaint;
8. Any and all repair estimates and/or repair bills in your possession for property
damage to the motor vehicles involved in the incident alleged in the Complaint; and
9. Any documents not specifically requested herein that support your answers to
Plaintiff's First Set of Interrogatories;
If any document, photograph, video or statement requested is withheld from this request
under a claim of privilege, then please furnish a list which identifies each document, photograph,
video or statement for which privilege is claimed and include, for each: a) a description
sufficient to identify the document, photograph, video or statement; b) the date and subject
matter of the document, photograph, video or statement; c) the preparer of the document,
photograph, video or statement; d) for whom the document, photograph, video or statement was
prepared; e) the basis of the privilege claimed, and; f) the present depository or person having
custody of the document, photograph, video or statement.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
electronic mail to: Abby R. Dyal, Esq., Law Offices of Jack D. Evans, 4600 Touchton Rd., East,
Bldg 100, Ste 140, Jacksonville, FL 32246 (ADyal@travelers.com JDEorlan@travelers.com and
GZapata@travelers.com) Attorney for Defendants, this 27" day of April, 2021.
CHANFRAU & CHANFRAU
/s/ Greg A. Olsen
William M. Chanfrau, Jr., Esq.
FL Bar No. 0115339
Gregory A. Olsen, Esq.
FL Bar No. 1025866
701 N. Peninsula Dr.
Daytona Beach, FL 32118
P: 386-258-7313; F: 386-238-1464
Attorney for Plaintiff
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Filing # 125648556 E-Filed 04/27/2021 09:31:48 AM IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT, IN AND FOR FLAGLER COUNTY, FLORIDA MICHAEL RUDY, CASE NO.: 2021 CA 000024 Plaintiff, Vv. THE STANDARD FIRE INSURANCE COMPANY, Defendant. / PL IFF’S FIRST REQUEST TO PRODUCE TO DEFENDANT The Plaintiff, MICHAEL RUDY, by and through his undersigned counsel and pursuant to Rule 1.350, Fla. R. Civ. P., requests the Defendant, THE STANDARD FIRE INSURANCE COMPANY, to produce and/or permit the following for inspection and copying the following documents and things. 1. DEFINITIONS AND INSTRUCTIONS 1. The term “person” means any natural person, any business entity (whether a corporation, partnership, or other business association), any government or political subdivision thereof, or governmental body, commission board, agency, bureau, or department. 2. The terms “document” or “documents” mean the original and all copies thereof which are different in any way from the original (whether by interlineation, receipt stamps notation, indication of copies sent or received, or otherwise) and all attached or annexed materials to any written, typewritten, handwritten, printed, graphic, photographic or recorded material as well as computer data files, tapes, disks, inputs or outputs, and other computer- readable records or programs, transcripts and copies and reproductions thereof, however produced or reproduced, now or at any time in your actual or constructive possession, custody or control. The terms “document” or “documents” includes, but is not limited to, correspondence, e-mail, telegrams, facsimiles, telexes, memoranda, memoranda of records of meetings, conferences, telephone or other communications, pamphlets, books, notes, reports, studies, transcripts, indexes, accounting records of any kind, including bank examination report, whether state or federal, filings, records, charts, tabulations, lists, analyses, graphs, diagrams, estimates, minutes, (including board and loan committee minutes), tapes, computer discs (CD’s), photographs and photographic films, recording tapes, video tapes, data compilations from which information can be obtained or can be translated into a form reasonably usable, as well as any contracts or agreements, and records of every kind and type, including any information formerly or presently kept by any method of electronic data processing, digital or magnetic tape storage medium, including the original “hard copy” of any such data. 3. The term “things” means tangible or intangible property not otherwise defined as a document. Electronically Received in the Office of the Clerk of the Circuit Court - Flagler County, Florida - 04/27/2021 02:23 PM4. The term “copy” when used in reference to a document means any facsimile reproduction of a document, regardless of the method by which the facsimile reproduction is made. 5. The terms “identify” or “identification” when used in reference to an individual person mean to state his/her full name, present address, if known, and his/her present employment position (i.e. job title) and employer. When used in reference to a person other than an individual person, “identify” or “identification” means to state whether such a person is a corporation, partnership, or other organization, and the name, present or last known address, and the principal place of business thereof. Once any such person has been identified properly it shall be sufficient thereafter when identifying that person to state his name only. 6. The term “communication” includes any recorded conversation (whether transcribed or not) or writing, or, including, but not limited to, telephone conversations and meetings, letters, e-mails, facsimile, telegraphic, and telex communications. 7. The term “information” means data of any kind recorded in any language, including machine language and recorded numerically, and in any form of expression. 8. The term “act” means any act, transaction, decision, communication, statement, conduct, meeting, or any other type of event or occurrence (hereinafter collectively referred to as “act”), and your response should include, but not be limited to, the following: a. The date of the act; b. The place where the act occurred; c. The identification of the parties thereto and any other persons present, consulted or otherwise involved, together with any firm or corporation on whose behalf each such person acted or purported to act, and in the case of any type of communication oral or written, specify the sender and the recipient: d. The substance and nature of the act; and e. The identification of all documents pertaining to the act. 9. The terms “and” and “or? shall be construed conjunctively rather than disjunctively, as is necessary to make each request inclusive rather than exclusive. 10. The phrase “pertaining or relating” means being connected or associated, or referring to or concerning something. 11. The term “produce” means to make available the original documents or things requested herein for inspection and copying, and to separate such documents into the categories set forth in this request. 12. Your duty to respond is continuing. If subsequent to your responses and/or you providing any of the documents requested herein, you obtain, discover, acquire, or otherwise cause to possess, in any manner, any information or documents subject to this request, you are required to submit a supplemental response disclosing this information, and to make any documents available for inspection and copying by the undersigned attorneys at such reasonable time as agreed upon between counsel for the parties.Il. CLAIM OF PRIVILEGE If you object to any discovery request on the basis of attorney-client privilege or work- product privileges, state the privilege claimed, and identify the document or communication for which such privilege is claimed, stating the following: a. The date thereof; b. The description of the document or communication protected, including the identity of all persons present, if an oral communication; or all persons who received a copy of such communication, if written; and c. The subject matter of the document or communication. Til. TIME AND PLACE OF PRODUCTION You are requested to produce the documents or things designated in Part IV hereof at the offices of the undersigned attorney on or before thirty (30) days after service of this request, excluding time allowed for service by mail, at a time to be mutually agreed upon, or by mailing the same to the undersigned attorney at his address. IV. DOCUMENTS AND THINGS TO BE PRODUCED 1. Any and all photographs, DVDs, and/or videotapes of the scene of the incident alleged in the Complaint taken by the Defendant, or any person, firm or corporation on behalf of the Defendant; 2. Any and all photographs, DVDs, and/or videotapes of the motor vehicles involved in the incident alleged in the Complaint taken by the Defendant, or any person, firm or corporation on behalf of the Defendant; 3. Any and all photographs, DVDs, and/or videotapes (surveillance or otherwise) of the Plaintiff taken by the Defendant, or any person, firm or corporation on behalf of the Defendant; 4. Any and all surveillance and/or investigative reports referring to the incident alleged in the Complaint obtained or taken by the Defendant or any person, firm or corporation on behalf of the Defendant; 5. Any and all liability, UM/UIM and umbrella insurance policies in force to cover the incident alleged in the Complaint, including the declaration sheet thereof; 6. Any and all written or recorded statements of the Plaintiff in this cause obtained or taken by the Defendant or any person, firm or corporation on behalf of the Defendant;7. Any and all written or recorded statement of any eyewitness to the incident alleged in the Complaint obtained or taken by any person, firm or corporation at any time within 30 days after the incident alleged in the Complaint; 8. Any and all repair estimates and/or repair bills in your possession for property damage to the motor vehicles involved in the incident alleged in the Complaint; and 9. Any documents not specifically requested herein that support your answers to Plaintiff's First Set of Interrogatories; If any document, photograph, video or statement requested is withheld from this request under a claim of privilege, then please furnish a list which identifies each document, photograph, video or statement for which privilege is claimed and include, for each: a) a description sufficient to identify the document, photograph, video or statement; b) the date and subject matter of the document, photograph, video or statement; c) the preparer of the document, photograph, video or statement; d) for whom the document, photograph, video or statement was prepared; e) the basis of the privilege claimed, and; f) the present depository or person having custody of the document, photograph, video or statement. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by electronic mail to: Abby R. Dyal, Esq., Law Offices of Jack D. Evans, 4600 Touchton Rd., East, Bldg 100, Ste 140, Jacksonville, FL 32246 (ADyal@travelers.com JDEorlan@travelers.com and GZapata@travelers.com) Attorney for Defendants, this 27" day of April, 2021. CHANFRAU & CHANFRAU /s/ Greg A. Olsen William M. Chanfrau, Jr., Esq. FL Bar No. 0115339 Gregory A. Olsen, Esq. FL Bar No. 1025866 701 N. Peninsula Dr. Daytona Beach, FL 32118 P: 386-258-7313; F: 386-238-1464 Attorney for Plaintiff