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Filing # 119333797 E-Filed 01/08/2021 05:00:19 PM
IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT
IN AND FOR FLAGLER COUNTY, FLORIDA
DANIEL DIAZ and CASE NO.: 2021 CA 000010
HEATHER DIAZ,
Plaintiffs,
Vv.
HOMEOWNERS CHOICE PROPERTY
& CASUALTY INSURANCE COMPANY, INC.,
Defendant.
/
NOTICE OF TAKING DEPOSITION DUCES TECUM OF
DEFENDANT’S DESIGNATED CORPORATE REPRESENTATIVE PURSUANT TO
FLORIDA RULES OF CIVIL PROCEDURE 1.310(b)(6)
TO: HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, INC.
PLEASE TAKE NOTICE that the undersigned will take the deposition of the corporate
representative designated by HOMEOWNERS CHOICE PROPERTY & CASUALTY
INSURANCE COMPANY, INC., via remote video teleconferencing provided by US Legal
Support before an associate or deputy court reporter, or any other notary public or officer
authorized by the law to take depositions in the State of Florida on Date TBD commencing at
TBD.
The deposition is being taken for the purpose of discovery, for use at trial, or for such
other purposes as are permitted under the Florida Rules of Civil Procedure. Further, as explained
in Carriage Hills Condominium, Inc. v. JBH, 109 So. 3d 329 (Fla. 4th DCA 2013), the person
designated by the Corporate Defendant to testify on its behalf as to the corporation's collective
knowledge and position, shall testify on matters known or reasonably available to the defendant,
of the subject matters and the documents as set forth below.
Designation of matters for examination pursuant to F.R.C.P. 1.310(b)(6):
Electronically Received in the Office of the Clerk of the Circuit Court - Flagler County, Florida - 01/11/2021 09:12 AMAll issues contained within Plaintiffs’ Complaint
Coverage for Plaintiffs’ property and damages at issue in the matter;
All coverages, conditions, exclusions, definitions, etc., for the subject policy;
Damages to Plaintiffs’ property at issue in this mater;
What Defendant believes caused the loss at issue;
Defendant’s reason(s) for failing to pay for Plaintiffs’ claim;
Any computerized damage estimating system used by the Defendant in this case;
All of Defendant’s defenses to payment in full for Plaintiffs’ damages;
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Defendant’s affirmative defenses;
°
. Defendant’s responses to Plaintiffs’ discovery served with the Complaint;
. Defendant’s actions to adjust and the overall adjustment of the claim at issue;
N
. Defendant’s actions to evaluate and the evaluation of Plaintiffs’ claim and damages;
w
. The licensing of adjusters in Florida for the Defendant’s representatives who
worked and/or were involved in the handling of the claim at issue;
14. Defendant’s inspection of the insured’s premises before the loss in this case;
15. Defendant’s inspection of the insured’s premises after the loss in this case;
16. The Defendant’s denial and/or partial denial of the insured’s claim; and
17. Knowledge of the contents contained within the entire underwriting file and
underwriting of the subject policy of insurance at issue.
Please bring with you:
1. The entire claim file so that you can use it to refresh your memory necessary;
2. The entire underwriting file;
3. Field notes, drafts of estimates, correspondence, reports, and memoranda regarding
the claim at issue;
4. Your computer files and estimates on this matter;
5. All photographs (including, but not limited to color photographs), diagrams, charts,
plans, videotapes, etc., of the subject premises and of the loss;
6. All files on this matter in your possession, custody or control including billing files;
7. All information related to the computerized damage estimating system and price
list used to write your estimate in this matter;
8. All correspondences, electric correspondences, facsimiles, etc., between anyone at
HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY,
INC. and Plaintiffs and/or anyone on Plaintiffs’ behalf.The deposition will continue from day to day until completed. The deponent will not be
asked to simply testify on matters within his or her personal knowledge, but rather will be
asked to speak on behalf of the Corporate Defendant and will testify vicariously for said
defendant and provide complete, knowledgeable and binding answers on behalf of the Corporate
Defendant.
If Defendant must designate different persons to testify on behalf of the corporation for
different subjects listed above please immediately inform the undersigned so that multiple
depositions, times and locations may be arranged. Otherwise, it is presumed that the witness
provided has the ability and knowledge to bind the Corporate Defendant on the subjects and
documents listed above.
If possible and in an effort to expedite the deposition, Plaintiffs’ counsel requests that the
requested documents responsive to this Notice be produced at least ten (10) days before the date
of the deposition, to allow the parties to conduct the deposition quickly and efficiently. This will
eliminate the need for the undersigned having to review the documents for the first time at the
deposition with the deponent. Plaintiffs are willing to reimburse the deponent for all reasonable
costs associated in producing the requested documents prior to the depositions.
Further, to the extent any privilege or confidentiality is claimed to apply to the requested
documents, the deponent is directed to bring such responsive documents to the deposition so that
he or she can fully answer all of the undersigned’s questioning. However, a Privilege Log as
contemplated under Florida Rule of Civil Procedure | .280(b)(6) may be produced prior to and at
the deposition in lieu of the actual documents over which such claims are asserted. Any such
privileged documents are nonetheless requested to be available at the deposition for the deponentto review during the deposition in order to fully answer all questions. Such review will not be
deemed a waiver of any claimed privilege.
If the Defendant fails to fully comply with this request, Plaintiffs will seek all remedies
available under the law including sanctions.
CERTIFICATE OF SERVICE
IT IS HEREBY CERTIFIED, that a true and correct copy of the foregoing was furnished
to HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, INC.
with the Summons and Complaint.
150 E. Palmetto Park Road, Suite 410
Boca Raton, Florida 33432
(T); 561-331-4476
(F); 561-802-0767
Primary Email: Jesse@Legal-Grit.com
Briana@Legal-Grit.com
Secondary Email: EService@Legal-Grit.com
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Filing # 119333797 E-Filed 01/08/2021 05:00:19 PM IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT IN AND FOR FLAGLER COUNTY, FLORIDA DANIEL DIAZ and CASE NO.: 2021 CA 000010 HEATHER DIAZ, Plaintiffs, Vv. HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, INC., Defendant. / NOTICE OF TAKING DEPOSITION DUCES TECUM OF DEFENDANT’S DESIGNATED CORPORATE REPRESENTATIVE PURSUANT TO FLORIDA RULES OF CIVIL PROCEDURE 1.310(b)(6) TO: HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, INC. PLEASE TAKE NOTICE that the undersigned will take the deposition of the corporate representative designated by HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, INC., via remote video teleconferencing provided by US Legal Support before an associate or deputy court reporter, or any other notary public or officer authorized by the law to take depositions in the State of Florida on Date TBD commencing at TBD. The deposition is being taken for the purpose of discovery, for use at trial, or for such other purposes as are permitted under the Florida Rules of Civil Procedure. Further, as explained in Carriage Hills Condominium, Inc. v. JBH, 109 So. 3d 329 (Fla. 4th DCA 2013), the person designated by the Corporate Defendant to testify on its behalf as to the corporation's collective knowledge and position, shall testify on matters known or reasonably available to the defendant, of the subject matters and the documents as set forth below. Designation of matters for examination pursuant to F.R.C.P. 1.310(b)(6): Electronically Received in the Office of the Clerk of the Circuit Court - Flagler County, Florida - 01/11/2021 09:12 AMAll issues contained within Plaintiffs’ Complaint Coverage for Plaintiffs’ property and damages at issue in the matter; All coverages, conditions, exclusions, definitions, etc., for the subject policy; Damages to Plaintiffs’ property at issue in this mater; What Defendant believes caused the loss at issue; Defendant’s reason(s) for failing to pay for Plaintiffs’ claim; Any computerized damage estimating system used by the Defendant in this case; All of Defendant’s defenses to payment in full for Plaintiffs’ damages; ee nNauvwrp YN Defendant’s affirmative defenses; ° . Defendant’s responses to Plaintiffs’ discovery served with the Complaint; . Defendant’s actions to adjust and the overall adjustment of the claim at issue; N . Defendant’s actions to evaluate and the evaluation of Plaintiffs’ claim and damages; w . The licensing of adjusters in Florida for the Defendant’s representatives who worked and/or were involved in the handling of the claim at issue; 14. Defendant’s inspection of the insured’s premises before the loss in this case; 15. Defendant’s inspection of the insured’s premises after the loss in this case; 16. The Defendant’s denial and/or partial denial of the insured’s claim; and 17. Knowledge of the contents contained within the entire underwriting file and underwriting of the subject policy of insurance at issue. Please bring with you: 1. The entire claim file so that you can use it to refresh your memory necessary; 2. The entire underwriting file; 3. Field notes, drafts of estimates, correspondence, reports, and memoranda regarding the claim at issue; 4. Your computer files and estimates on this matter; 5. All photographs (including, but not limited to color photographs), diagrams, charts, plans, videotapes, etc., of the subject premises and of the loss; 6. All files on this matter in your possession, custody or control including billing files; 7. All information related to the computerized damage estimating system and price list used to write your estimate in this matter; 8. All correspondences, electric correspondences, facsimiles, etc., between anyone at HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, INC. and Plaintiffs and/or anyone on Plaintiffs’ behalf.The deposition will continue from day to day until completed. The deponent will not be asked to simply testify on matters within his or her personal knowledge, but rather will be asked to speak on behalf of the Corporate Defendant and will testify vicariously for said defendant and provide complete, knowledgeable and binding answers on behalf of the Corporate Defendant. If Defendant must designate different persons to testify on behalf of the corporation for different subjects listed above please immediately inform the undersigned so that multiple depositions, times and locations may be arranged. Otherwise, it is presumed that the witness provided has the ability and knowledge to bind the Corporate Defendant on the subjects and documents listed above. If possible and in an effort to expedite the deposition, Plaintiffs’ counsel requests that the requested documents responsive to this Notice be produced at least ten (10) days before the date of the deposition, to allow the parties to conduct the deposition quickly and efficiently. This will eliminate the need for the undersigned having to review the documents for the first time at the deposition with the deponent. Plaintiffs are willing to reimburse the deponent for all reasonable costs associated in producing the requested documents prior to the depositions. Further, to the extent any privilege or confidentiality is claimed to apply to the requested documents, the deponent is directed to bring such responsive documents to the deposition so that he or she can fully answer all of the undersigned’s questioning. However, a Privilege Log as contemplated under Florida Rule of Civil Procedure | .280(b)(6) may be produced prior to and at the deposition in lieu of the actual documents over which such claims are asserted. Any such privileged documents are nonetheless requested to be available at the deposition for the deponentto review during the deposition in order to fully answer all questions. Such review will not be deemed a waiver of any claimed privilege. If the Defendant fails to fully comply with this request, Plaintiffs will seek all remedies available under the law including sanctions. CERTIFICATE OF SERVICE IT IS HEREBY CERTIFIED, that a true and correct copy of the foregoing was furnished to HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, INC. with the Summons and Complaint. 150 E. Palmetto Park Road, Suite 410 Boca Raton, Florida 33432 (T); 561-331-4476 (F); 561-802-0767 Primary Email: Jesse@Legal-Grit.com Briana@Legal-Grit.com Secondary Email: EService@Legal-Grit.com