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Filing # 123329705 E-Filed 03/18/2021 12:21:10 PM
IN THE CIRCUIT COURT OF THE
SEVENTH JUDICIAL CIRCUIT IN AND
FOR FLAGLER COUNTY, FLORIDA
CASE NO.: 2021 CA 000010
DANIEL DIAZ AND HEATHER DIAZ,
Plaintiffs,
Vv.
HOMEOWNERS CHOICE PROPERTY &
CASUALTY INSURANCE COMPANY, INC.,
Defendant.
/
AGREED ORDER ON DEFENDANT’S PROPOSED ORDER ON DEFENDANT'S
MOTION TO QUASH PLAINTIFF'S REQUEST TO DEPOSE DEFENDANT'S
CORPORATE REPRESENTATIVE OR IN THE ALTERNATIVE MOTION TO LIMIT
THE SCOPE OF THE DEPOSITION OF DEFENDANT'S CORPORATE
REPRESENTATIVE
THIS CAUSE having come before the Court on Defendant's Motion to Quash
Plaintiffs Request to Depose Defendant's Corporate Representative or in the
Alternative, Motion to Limit the Scope of the Deposition of Defendant's Corporate
Representative and the court, having been advised that the attorneys for the respective
parties have agreed and stipulated hereto, and being otherwise fully advised in the
premises, it is,
ORDERED AND ADJUDGED: Denied in part, Granted in part
1. The Defendant’s Motion to Quash is DENIED.
2. Defendant’s Motion for Protective order is GRANTED as follows:
a) Defendant's Corporate Representative is not required to produce the Claim
File.
Electronically Received in the Office of the Clerk of the Circuit Court - Flagler County, Florida - 03/18/2021 01:44 PMCASE NO.: 2021 CA 000010
b) Defendant's Corporate Representative shall not testify about general claim or
adjusting, general claim administration, general claim procedures or guidelines,
consulting experts (with the exception to the claim at issue), if any, and/or any
information protected from disclosure by attorney/client and work product privileges. If
there is a dispute about whether a question is objectionable, the Parties agree that the
Court may resolve them after the deposition on motion of a party, and the appearance
of Defendant’s Representative does not waive any such objections.
c) Defendant's Corporate Representative shall appear with the entire claim file for
the sole purpose to refresh his/her recollection and to allow competent testimony at
deposition.
d) The claim file will not be produced to Plaintiffs during the deposition.
Defendant's agreement to bring the claim file to the deposition does not constitute a
waiver that same is irrelevant to a first party breach of contract action and protected
from disclosure by the work product and attorney/client privileges. Further, Defendant's
agreement does not waive any objections set forth in its responses to Plaintiffs’
discovery requests.
e) Defendant's Corporate Representative shall not produce any documents
reviewed in preparation for his/her deposition that is included in the claim file, claim
administration file, consulting expert reports, and/or any information protected from
disclosure by attorney/client and work product privileges, other than documents
previously produced.CASE NO.: 2021 CA 000010
f) Defendant's Corporate Representative shall not be required to produce any
documents in his/her file unless Defendant anticipates introducing said documents at a
hearing or at Trial, or if the Court otherwise orders production of said documents.
g) If, after taking the deposition of the Defendant's Corporate Representative,
Defendant waives its objection to production of such documents or information and
same is determined by the Court, Plaintiffs are allowed a supplemental deposition of the
witness or representative for the purpose of inquiring into same.
h) Defendant's Corporate Representative shall not be required to interpret the
policy language.
i) Defendant's Corporate Representative shall not produce the underwriting file
and will not have to testify regarding same. Plaintiffs reserve the right to depose a
Corporate Representative regarding the underwriting should it become at issue in the
instant matter.
, 2021.
@-Signed 4/18/2021 1:83 PM 2021 GA 000010
TERENCE R PERKINS
CIRCUIT
Copies furnished to:
Brooke K. Knabb, Esq., Cole, Scott & Kissane, P.A., Cole, Scott & Kissane Building, 4686 Sunbeam
Road, Jacksonville, Florida 32257, brooke.knabb@csklegal.com
Jesse Long, Esq., Legal Grit, PLLC, 150 East Palmetto Park Road, Suite 410, Boca Raton, FL 33432,
Jesse@legal-Grit.com;Briana@Legal-Grit.com;Eservice@Legal-Grit.com
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Filing # 123329705 E-Filed 03/18/2021 12:21:10 PM IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT IN AND FOR FLAGLER COUNTY, FLORIDA CASE NO.: 2021 CA 000010 DANIEL DIAZ AND HEATHER DIAZ, Plaintiffs, Vv. HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, INC., Defendant. / AGREED ORDER ON DEFENDANT’S PROPOSED ORDER ON DEFENDANT'S MOTION TO QUASH PLAINTIFF'S REQUEST TO DEPOSE DEFENDANT'S CORPORATE REPRESENTATIVE OR IN THE ALTERNATIVE MOTION TO LIMIT THE SCOPE OF THE DEPOSITION OF DEFENDANT'S CORPORATE REPRESENTATIVE THIS CAUSE having come before the Court on Defendant's Motion to Quash Plaintiffs Request to Depose Defendant's Corporate Representative or in the Alternative, Motion to Limit the Scope of the Deposition of Defendant's Corporate Representative and the court, having been advised that the attorneys for the respective parties have agreed and stipulated hereto, and being otherwise fully advised in the premises, it is, ORDERED AND ADJUDGED: Denied in part, Granted in part 1. The Defendant’s Motion to Quash is DENIED. 2. Defendant’s Motion for Protective order is GRANTED as follows: a) Defendant's Corporate Representative is not required to produce the Claim File. Electronically Received in the Office of the Clerk of the Circuit Court - Flagler County, Florida - 03/18/2021 01:44 PMCASE NO.: 2021 CA 000010 b) Defendant's Corporate Representative shall not testify about general claim or adjusting, general claim administration, general claim procedures or guidelines, consulting experts (with the exception to the claim at issue), if any, and/or any information protected from disclosure by attorney/client and work product privileges. If there is a dispute about whether a question is objectionable, the Parties agree that the Court may resolve them after the deposition on motion of a party, and the appearance of Defendant’s Representative does not waive any such objections. c) Defendant's Corporate Representative shall appear with the entire claim file for the sole purpose to refresh his/her recollection and to allow competent testimony at deposition. d) The claim file will not be produced to Plaintiffs during the deposition. Defendant's agreement to bring the claim file to the deposition does not constitute a waiver that same is irrelevant to a first party breach of contract action and protected from disclosure by the work product and attorney/client privileges. Further, Defendant's agreement does not waive any objections set forth in its responses to Plaintiffs’ discovery requests. e) Defendant's Corporate Representative shall not produce any documents reviewed in preparation for his/her deposition that is included in the claim file, claim administration file, consulting expert reports, and/or any information protected from disclosure by attorney/client and work product privileges, other than documents previously produced.CASE NO.: 2021 CA 000010 f) Defendant's Corporate Representative shall not be required to produce any documents in his/her file unless Defendant anticipates introducing said documents at a hearing or at Trial, or if the Court otherwise orders production of said documents. g) If, after taking the deposition of the Defendant's Corporate Representative, Defendant waives its objection to production of such documents or information and same is determined by the Court, Plaintiffs are allowed a supplemental deposition of the witness or representative for the purpose of inquiring into same. h) Defendant's Corporate Representative shall not be required to interpret the policy language. i) Defendant's Corporate Representative shall not produce the underwriting file and will not have to testify regarding same. Plaintiffs reserve the right to depose a Corporate Representative regarding the underwriting should it become at issue in the instant matter. , 2021. @-Signed 4/18/2021 1:83 PM 2021 GA 000010 TERENCE R PERKINS CIRCUIT Copies furnished to: Brooke K. Knabb, Esq., Cole, Scott & Kissane, P.A., Cole, Scott & Kissane Building, 4686 Sunbeam Road, Jacksonville, Florida 32257, brooke.knabb@csklegal.com Jesse Long, Esq., Legal Grit, PLLC, 150 East Palmetto Park Road, Suite 410, Boca Raton, FL 33432, Jesse@legal-Grit.com;Briana@Legal-Grit.com;Eservice@Legal-Grit.com