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Filing # 138273656 E-Filed 11/10/2021 12:08:46 PM
IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT
IN AND FOR FLAGLER COUNTY, FLORIDA
SHIRLEY MARTORANO, CASE NO: 2021-CA-000185
Plaintiff,
vs.
HERITAGE PROPERTY AND
CASUALTY INSURANCE COMPANY,
Defendant.
DEFENDANT’S NOTICE OF PROPOUNDING FIRST SET OF INTERROGATORIES
TO PLAINTIFF
Defendant, HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY, by and
through its undersigned counsel, hereby files Notice of Propounding First Set of Interrogatories to
Plaintiff to be answered in writing and under oath pursuant to Rule 1.340, Florida Rules of Civil
Procedure.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was filed, pursuant to
Rule 2.516, Florida Rules of Judicial Administration, via the Florida Courts’ E-Filing Portal this
10" day of November, 2021, which will send an automatic e-mail message to: Brandon J.
Tomlinson, Esq., THE TOMLINSON LAW GROUP, P.A., 7401 Wiles Road, Suite 242, Coral
Springs, FL 33067, btomlinson@tlawerp.com; eservice@tlawgrp.com; staylor@tlawgrp.com.
Senior Staff Counsel for Heritage Property and
Casualty Insurance Company
2600 McCormick Dr. (Suite 300)
Clearwater, Florida 33759
Telephone: (727) 362-7200
cyabrudy@heritagepci.com
dmann@heritagepei.com
By: — \s\Jason D. Montes
JASON D. MONTES, ESQUIRE
Florida Bar No. 580422
Electronically Received in the Office of the Clerk of the Circuit Court - Flagler County, Florida - 11/10/2021 04:02 PMCASE NO: 2021-CA-000185
DEFENDANT’S FIRST INTERROGATORIES TO PLAINTIFF
(If answering for another person or entity, answer with respect to that person or entity,
unless otherwise stated.)
1. State the name and address of the person answering these Interrogatories and any
individual assisting the person answering these Interrogatories.
2. Please identify all persons who have resided at the subject property since two years
prior to the date of the loss alleged in the Complaint, continuing through the current day, and list
the corresponding dates of occupancy.
3. Describe, in detail:
(a) How and when you discovered the loss? Jn responding to this request, please
include the time of day you discovered the loss. In the event you did not
personally discover the loss, please identify the individual who first discovered
the loss.
(b) How the loss occurred?
(c) Specifically, what damage did you observe relating to the loss? _/n responding
to this request, please identify all areas of property where damages were
observed; this request does not seek amounts or line items contained in a
property damage estimate prepared for your loss but seeks personal
observations of property damaged areas.CASE NO: 2021-CA-000185
4. Describe, in detail, all actions to protect the subject property from further loss
and/or mitigate the damages for the loss described in the Complaint.
5. Please describe the cause of the loss from a layman’s perspective, not as an expert.
In responding to this request, if you relied on information obtained from a third party, please
identify the source of the information and when you became aware of the cause of the loss.
6. Since your purchase of the property, state the number of times you have
experienced any incidents at the property that resulted in property damage and describe the incident
and the resulting damage?
7. For each incident identified in your response to Interrogatory No. 6, state what
actions were taken by you or anyone acting on your behalf in response to said incident(s). [fany
actions were undertaken by anyone other than you, please identify the individual or company.
8. Please describe all repairs, restorations, additions, reconstruction or renovations
that have occurred to the property during the five (5) years preceding the date of loss. Jn responding
to this request, please identify the persons or entities that performed the work and the
corresponding dates of work.
9. State all damages to the property that you contend were the result of the loss alleged
in the Complaint. Jn responding to this request, please provide the complete description of each
item of damaged property, the nature of the damage, the original cost of each item of damaged
property, the cost to repair each item of damaged property, and/or the cost to replace each item
of damaged property; and, if applicable, the date and from whom each item of damaged property
was purchased.CASE NO: 2021-CA-000185
10. | How did you determine the date of loss?
11. Please state the amount of contractual damages being sought in this lawsuit under:
(State whether the amounts are actual incurred amounts or estimated.)
a. Coverage A (the main structure):
b. Coverage B (Other structures):
c. Coverage C (Contents):
d. Coverage D (Additional Living Expenses/Loss of Use):
12. State, in detail, all repairs, replacements, renovations and/or reconstruction
performed to the property relating to the loss. In responding to this request, identify all persons
or entities that have performed repairs in any way to the property that is the subject of this claim,
including the date of repairs, the type of repairs, the costs of repairs, all municipal or county
building permits obtained for repairs, including dates of application, for any repairs to any other
area of the residence you claimed was damaged as a result of your loss as described in the
Complaint.
13. Identify all individuals who inspected or evaluated the property damages allegedly
related to the date of loss, including but not limited to loss consultants, public adjusters, engineers,
general contractors, roofing companies or any other tradesman who inspected the property at any
time after the date of loss. In responding to this request, identify the individual who inspected the
property, the date of inspection, and whether an estimate and/or report was written relating to the
inspection.CASE NO: 2021-CA-000185
14. List the names and addresses of all persons who are believed or known by you, your
agents, or your attorneys to have any knowledge concerning any of the issues in this lawsuit and
specify the subject matter about which the witness has knowledge.
15. State whether you have made any statements, written or oral, to any individual
relating to the loss. In responding to this request, please identify the date the statement was made,
to whom the statement was made, and the statement made. Please note: This request does not seek
discovery of information protected by attorney-client privilege, but does seek discovery of
statements made to all third-parties, including insured’s public adjuster representative(s).
16. State the name and address of every person known to you, your agents, or your
attorneys, who has knowledge about, or possession, custody, or control of, any model, plat, map,
drawing, motion picture, videotape, or photograph pertaining to any fact or issue involved in this
controversy; and describe as to each, what item such person has, the name and address of the
person who took or prepared it, and the date it was taken or prepared.
17. Identify all insurance companies providing homeowner’s insurance coverage for
the property in the past five (5) years, and provide the dates of coverage, and the policy numbers.
18. State whether you have made any insurance claims to any insurer for the property
since your purchase of the property. If your response is “yes,” please list the date(s) of loss, the
amount of damages, the nature of the damages, the name of insurer to which your claim was
submitted, and the claim number.CASE NO: 2021-CA-000185
19. Have you ever been convicted of a crime, other than any juvenile adjudication,
which under the law under which you were convicted was punishable by death or imprisonment
in excess of 1 year, or that involved dishonesty or a false statement regardless of the punishment?
If so, state as to each conviction the specific crime and the date and place of conviction.
20. State if you have ever been a party, either plaintiff or defendant, in a lawsuit other
than the present matter, and, if so, state whether you were plaintiff or defendant, the nature of the
action, and the date, court and case number in which such suit was filed.
21. State whether you have ever replaced the roofing system on the property since your
purchase of the property. If so, please provide the name of the contractor who performed the
replacement and their contact information to include address, telephone number and the agent from
that contractor who was your point of contact.
22. State whether you, personally, have ever climbed onto the roof of the property to
inspect for its condition at any time. If so, please state the reason why you did so and your
observations of the roofing system from your personal perspective.
23. State whether any person(s) have ever climbed onto the roof of the property to
inspect for its condition at any time EXCLUDING for the event that is the subject of this litigation
and its alleged date of loss. If so, please identify that person(s) by name, company (if applicable),
contact information such as address and phone number as well as the reason you engaged them to
ascend the rooftop.
24. | How many estimates for the repair/replacement of the damages allegedly related to
the event on the subject date of loss have you have requested be drafted or that you have been
given. Please identify by whom and that person or company’s contact informationCASE NO: 2021-CA-000185
25. — Have you hired a Public Adjuster for the subject claim in this litigation? If so, please
identify by name/company, address and telephone number.
26. Have you signed any Assignment of Benefits to the subject claim to anybody and/or
any entity? If so, please identify the number of assignments and the person(s) and/or entity to
which the assignment was granted in favor, by their name, address and phone number.
27. Identify all persons by name, address and phone number who have an insurable
interest in the property currently and on the date of loss. That would include persons who have a
Life Estate interest, financial interest, are party to the mortgage or mortgages on the property,
equitable interests and those who hold legal title to the property.
28. Do you allege any interior damages, including your attic, to the property as a result
of the incident on the date of loss? If so, please identify the damages with particularity.
29. Has your roof been replaced by you for damages alleged in this loss? (Jn your
answer, please identify the cost/paid amount you incurred for replacement and how it was paid
ie. check, cash, credit card or other means.)CASE NO: 2021-CA-000185
VERIFICATION
Under penalties of perjury, I declare that I have read the foregoing answers to Defendant’s
First Set of Interrogatories and that the facts stated in it are true.
By:
STATE OF FLORIDA )
)SS:
COUNTY OF )
The foregoing instrument was sworn to and subscribed before me, by means of 0 physical
presence or O online notarization, this day of. , 2021, by _
{SEAL} Notary Public
Commission No.
My commission expires:
CLAIM NUMBER: H40563
Preview
Filing # 138273656 E-Filed 11/10/2021 12:08:46 PM IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT IN AND FOR FLAGLER COUNTY, FLORIDA SHIRLEY MARTORANO, CASE NO: 2021-CA-000185 Plaintiff, vs. HERITAGE PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant. DEFENDANT’S NOTICE OF PROPOUNDING FIRST SET OF INTERROGATORIES TO PLAINTIFF Defendant, HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY, by and through its undersigned counsel, hereby files Notice of Propounding First Set of Interrogatories to Plaintiff to be answered in writing and under oath pursuant to Rule 1.340, Florida Rules of Civil Procedure. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was filed, pursuant to Rule 2.516, Florida Rules of Judicial Administration, via the Florida Courts’ E-Filing Portal this 10" day of November, 2021, which will send an automatic e-mail message to: Brandon J. Tomlinson, Esq., THE TOMLINSON LAW GROUP, P.A., 7401 Wiles Road, Suite 242, Coral Springs, FL 33067, btomlinson@tlawerp.com; eservice@tlawgrp.com; staylor@tlawgrp.com. Senior Staff Counsel for Heritage Property and Casualty Insurance Company 2600 McCormick Dr. (Suite 300) Clearwater, Florida 33759 Telephone: (727) 362-7200 cyabrudy@heritagepci.com dmann@heritagepei.com By: — \s\Jason D. Montes JASON D. MONTES, ESQUIRE Florida Bar No. 580422 Electronically Received in the Office of the Clerk of the Circuit Court - Flagler County, Florida - 11/10/2021 04:02 PMCASE NO: 2021-CA-000185 DEFENDANT’S FIRST INTERROGATORIES TO PLAINTIFF (If answering for another person or entity, answer with respect to that person or entity, unless otherwise stated.) 1. State the name and address of the person answering these Interrogatories and any individual assisting the person answering these Interrogatories. 2. Please identify all persons who have resided at the subject property since two years prior to the date of the loss alleged in the Complaint, continuing through the current day, and list the corresponding dates of occupancy. 3. Describe, in detail: (a) How and when you discovered the loss? Jn responding to this request, please include the time of day you discovered the loss. In the event you did not personally discover the loss, please identify the individual who first discovered the loss. (b) How the loss occurred? (c) Specifically, what damage did you observe relating to the loss? _/n responding to this request, please identify all areas of property where damages were observed; this request does not seek amounts or line items contained in a property damage estimate prepared for your loss but seeks personal observations of property damaged areas.CASE NO: 2021-CA-000185 4. Describe, in detail, all actions to protect the subject property from further loss and/or mitigate the damages for the loss described in the Complaint. 5. Please describe the cause of the loss from a layman’s perspective, not as an expert. In responding to this request, if you relied on information obtained from a third party, please identify the source of the information and when you became aware of the cause of the loss. 6. Since your purchase of the property, state the number of times you have experienced any incidents at the property that resulted in property damage and describe the incident and the resulting damage? 7. For each incident identified in your response to Interrogatory No. 6, state what actions were taken by you or anyone acting on your behalf in response to said incident(s). [fany actions were undertaken by anyone other than you, please identify the individual or company. 8. Please describe all repairs, restorations, additions, reconstruction or renovations that have occurred to the property during the five (5) years preceding the date of loss. Jn responding to this request, please identify the persons or entities that performed the work and the corresponding dates of work. 9. State all damages to the property that you contend were the result of the loss alleged in the Complaint. Jn responding to this request, please provide the complete description of each item of damaged property, the nature of the damage, the original cost of each item of damaged property, the cost to repair each item of damaged property, and/or the cost to replace each item of damaged property; and, if applicable, the date and from whom each item of damaged property was purchased.CASE NO: 2021-CA-000185 10. | How did you determine the date of loss? 11. Please state the amount of contractual damages being sought in this lawsuit under: (State whether the amounts are actual incurred amounts or estimated.) a. Coverage A (the main structure): b. Coverage B (Other structures): c. Coverage C (Contents): d. Coverage D (Additional Living Expenses/Loss of Use): 12. State, in detail, all repairs, replacements, renovations and/or reconstruction performed to the property relating to the loss. In responding to this request, identify all persons or entities that have performed repairs in any way to the property that is the subject of this claim, including the date of repairs, the type of repairs, the costs of repairs, all municipal or county building permits obtained for repairs, including dates of application, for any repairs to any other area of the residence you claimed was damaged as a result of your loss as described in the Complaint. 13. Identify all individuals who inspected or evaluated the property damages allegedly related to the date of loss, including but not limited to loss consultants, public adjusters, engineers, general contractors, roofing companies or any other tradesman who inspected the property at any time after the date of loss. In responding to this request, identify the individual who inspected the property, the date of inspection, and whether an estimate and/or report was written relating to the inspection.CASE NO: 2021-CA-000185 14. List the names and addresses of all persons who are believed or known by you, your agents, or your attorneys to have any knowledge concerning any of the issues in this lawsuit and specify the subject matter about which the witness has knowledge. 15. State whether you have made any statements, written or oral, to any individual relating to the loss. In responding to this request, please identify the date the statement was made, to whom the statement was made, and the statement made. Please note: This request does not seek discovery of information protected by attorney-client privilege, but does seek discovery of statements made to all third-parties, including insured’s public adjuster representative(s). 16. State the name and address of every person known to you, your agents, or your attorneys, who has knowledge about, or possession, custody, or control of, any model, plat, map, drawing, motion picture, videotape, or photograph pertaining to any fact or issue involved in this controversy; and describe as to each, what item such person has, the name and address of the person who took or prepared it, and the date it was taken or prepared. 17. Identify all insurance companies providing homeowner’s insurance coverage for the property in the past five (5) years, and provide the dates of coverage, and the policy numbers. 18. State whether you have made any insurance claims to any insurer for the property since your purchase of the property. If your response is “yes,” please list the date(s) of loss, the amount of damages, the nature of the damages, the name of insurer to which your claim was submitted, and the claim number.CASE NO: 2021-CA-000185 19. Have you ever been convicted of a crime, other than any juvenile adjudication, which under the law under which you were convicted was punishable by death or imprisonment in excess of 1 year, or that involved dishonesty or a false statement regardless of the punishment? If so, state as to each conviction the specific crime and the date and place of conviction. 20. State if you have ever been a party, either plaintiff or defendant, in a lawsuit other than the present matter, and, if so, state whether you were plaintiff or defendant, the nature of the action, and the date, court and case number in which such suit was filed. 21. State whether you have ever replaced the roofing system on the property since your purchase of the property. If so, please provide the name of the contractor who performed the replacement and their contact information to include address, telephone number and the agent from that contractor who was your point of contact. 22. State whether you, personally, have ever climbed onto the roof of the property to inspect for its condition at any time. If so, please state the reason why you did so and your observations of the roofing system from your personal perspective. 23. State whether any person(s) have ever climbed onto the roof of the property to inspect for its condition at any time EXCLUDING for the event that is the subject of this litigation and its alleged date of loss. If so, please identify that person(s) by name, company (if applicable), contact information such as address and phone number as well as the reason you engaged them to ascend the rooftop. 24. | How many estimates for the repair/replacement of the damages allegedly related to the event on the subject date of loss have you have requested be drafted or that you have been given. Please identify by whom and that person or company’s contact informationCASE NO: 2021-CA-000185 25. — Have you hired a Public Adjuster for the subject claim in this litigation? If so, please identify by name/company, address and telephone number. 26. Have you signed any Assignment of Benefits to the subject claim to anybody and/or any entity? If so, please identify the number of assignments and the person(s) and/or entity to which the assignment was granted in favor, by their name, address and phone number. 27. Identify all persons by name, address and phone number who have an insurable interest in the property currently and on the date of loss. That would include persons who have a Life Estate interest, financial interest, are party to the mortgage or mortgages on the property, equitable interests and those who hold legal title to the property. 28. Do you allege any interior damages, including your attic, to the property as a result of the incident on the date of loss? If so, please identify the damages with particularity. 29. Has your roof been replaced by you for damages alleged in this loss? (Jn your answer, please identify the cost/paid amount you incurred for replacement and how it was paid ie. check, cash, credit card or other means.)CASE NO: 2021-CA-000185 VERIFICATION Under penalties of perjury, I declare that I have read the foregoing answers to Defendant’s First Set of Interrogatories and that the facts stated in it are true. By: STATE OF FLORIDA ) )SS: COUNTY OF ) The foregoing instrument was sworn to and subscribed before me, by means of 0 physical presence or O online notarization, this day of. , 2021, by _ {SEAL} Notary Public Commission No. My commission expires: CLAIM NUMBER: H40563