Preview
Filing # 70033993 E-Filed 03/30/2018 10:09:12 AM
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT,
IN AND FOR BROWARD COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
OMAR PEREZ and REBECA ACLE,
CASE NO.: CACE-18-000835
Plaintiffs,
OMEGA INSURANCE COMPANY,
Defendant.
/
PLAINTIFF’S NOTICE OF TAKING DEPOSITION DUCES
TECUM OF DEFENDANT’S DESIGNATED CORPORATE REPRESENTATIVE
PURSUANT TO FLORIDA RULES OF CIVIL PROCEDURE 1.310(b)(6)
PLEASE TAKE NOTICE that the undersigned attorneys will take the deposition of:
DEPONENT DATE AND TIME PLACE
CourtScribes
201 SE 2nd Avenue, Suite 207
Gainesville, FL 32601
Defendant’s Designated Location number is
Corporate Representative Tuesday, June 5, 2018 (800) 540-7030.
at 10:00 a.m. : .
To call in for a telephonic
deposition use the following:
515-739-1015
Access Code: 401599095#
Upon oral examination before a court reporter or any other Notary Public or officer authorized by
law to take depositions in the State of Florida. The oral examination will continue from hour to
hour and day to day until completed. This deposition is being taken for the purpose of discovery,
for use at trial, or for such other purposes as are permitted under the Rules of Court.
YOU ARE REQUIRED TO HAVE WITH YOU ALL ORIGINAL DOCUMENTS THAT
YOU HAVE WHICH ARE LISTED IN THE ATTACHED SCHEDULE “B”.
To the extent that Defendant claims any privilege or confidentiality applies to the documents
requested, the deponent(s) is directed to bring such responsive documents to the deposition(s) so
1
Davip Low & ASSOCIATES, P.A. * 2101 WEST COMMERCIAL BOULEVARD, SUITE 2800 *
FORT LAUDERDALE, FLORIDA 33309
(T) 305) 935-8986 « (F) (305) 675-2685
*4* FILED: BROWARD COUNTY. FL BRENDA D. FORMAN, CLERK 3/30/2018 10:09:12 AM.****that they can fully answer all of Plaintiffs’ counsel’s questions. However, a privilege log as
contemplated under Florida Rule of Civil Procedure 1.280(b)(5) may be produced prior to and at
the deposition(s) in lieu of the actual documents over which such claims(s) is asserted. Plaintiffs
request that Defendant make any such privileged documents available to Defendant’s designee(s)
during the deposition, so that Defendant’s designee may fully answer all questions. Such review
will not be deemed a waiver of any claimed privilege.
[IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, persons with
disabilities needing special accommodation should contact the undersigned at (305) 935-8986
no later than seven (7) days prior to the proceedings.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished
electronically via Florida’s E-Filing and/or electronic mail to todd@whimlegal.com,
gwen@whlmlegal.com and gsabatino@whlmlegal.com on March 30, 2018.
Respectfully submitted,
DAVID LOW & ASSOCIATES, P.A.
2101 West Commercial Boulevard, Suite 2800
Fort Lauderdale, Florida 33309
Tel.: (305) 935-8986
Fax: (305) 675-2685
E-Service Email: eservice@ davidlowpa.com
Non-Service Email: sschachere(@davidlowpa.com
By: /s/ Sarah Schachere
DAVID LOW, ESQ.
Florida Bar No.: 67957
SARAH SCHACHERE, ESQ.
Florida Bar Number.: 35987
2
Davip Low & ASSOCIATES, P.A. * 2101 WEST COMMERCIAL BOULEVARD, SUITE 2800 *
FORT LAUDERDALE, FLORIDA 33309
(T) (305) 935-8986 « (F) (305) 675-2685SCHEDULE “A”
Pursuant to Florida Rules of Civil Procedure 1.310(b)(6), you are respectfully requested to
designate Defendant’s Corporate Representative(s) to testify on its behalf as to the issues listed
below:
1. All reasons why the Defendant failed to pay the Insured’s claim.
2. Whether the terms of the policy at issue restrict payment in this case. The Deponent should
be prepared to identify the specific passages of the policy that relate to the denial/reduction
of the Insured’s damage.
3. The identification of all persons who were involved in the Insurer’s decision to reduce or
deny payment in this matter.
4, The identification of all experts or consultants who rendered any opinions that were relied
upon by the Insurer in reducing or denying payment for the matter at issue.
5. Each and every reason that you assert a basis for reducing or denying payment for the
matter at issue.
6. The witness should be prepared to provide all facts which support the affirmative defenses
asserted in this matter and the identification of all known witnesses with reference to such
facts.
7. Identification of the policy, policy number and claim number for the subject matter.
8. The cause of loss that Defendant attributed to the Insured’s claim, and all facts supporting
Defendant’s determination.
9. The existence and application of any deductible under the subject policy.
10. The method employed by the Defendant to determine the amount of the reimbursement for
the matter at issue.
11. The scheduling of all Examinations Under Oath (EUO) scheduled by the Defendant in
the subject claim, the manner in which such EUOs were scheduled, whether the EUO was
attended, any correspondence or reasons relating to any failure to attend such EUOs, and
any attempts by the Defendant to accommodate the claimant by rescheduling or
otherwise.
12. If you claim fraud or misrepresentation, the witness should be prepared to testify how they
relied upon it, and how it affected underwriting premium and coverage.
3
Davip Low & ASSOCIATES, P.A. * 2101 WEST COMMERCIAL BOULEVARD, SUITE 2800 *
FORT LAUDERDALE, FLORIDA 33309
(T) (305) 935-8986 « (F) (305) 675-268513.
14,
15.
16.
The relationship between the Insurer and any agent involved in the sale and issuance of
the policy.
Identify how the Insured failed to comply with the insurance policy’s conditions prior to
commencing litigation.
Identification and description of all documents within the Defendant’s possession, custody
or control that have not been produced for any reason.
All written discovery responses served by the Defendant in this matter.
[SPACE INTENTIONALLY LEFT BLANK]
4
Davip Low & ASSOCIATES, P.A. * 2101 WEST COMMERCIAL BOULEVARD, SUITE 2800 *
FORT LAUDERDALE, FLORIDA 33309
(T) (305) 935-8986 « (F) (305) 675-2685SCHEDULE “B”
1. Curriculum Vitae or current resume.
2. Allnon-privileged documents and materials, whether electronic or otherwise, including
OMAR PEREZ and REBECA ACLE’s claims, any correspondence, notes, letters,
pleadings, photographs, audio recordings, video recordings, communications, or
information, that you have reviewed, relied upon, referenced, or heard of that relate or
pertain in any way to this lawsuit from any source, including such documents or
materials that were used or relied upon by you in making your opinion for claim number
3300232214.
To the extent Defendant contends that any of the requests listed above seek
documents protected by privilege, Plaintiffs request that Defendant prepare and
produce prior to the deposition a privilege log that complies with Fla. R. Civ. P.
1.280(b)(5). Plaintiff also requests that the documents Defendant asserts are
privileged be brought to the deposition and made available to the deponent for the
sole purpose of refreshing the deponent's recollection, to allow competent testimony
during the deposition.
5
Davip Low & ASSOCIATES, P.A. * 2101 WEST COMMERCIAL BOULEVARD, SUITE 2800 *
FORT LAUDERDALE, FLORIDA 33309
(T) (305) 935-8986 « (F) (305) 675-2685
Preview
Filing # 70033993 E-Filed 03/30/2018 10:09:12 AM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA GENERAL JURISDICTION DIVISION OMAR PEREZ and REBECA ACLE, CASE NO.: CACE-18-000835 Plaintiffs, OMEGA INSURANCE COMPANY, Defendant. / PLAINTIFF’S NOTICE OF TAKING DEPOSITION DUCES TECUM OF DEFENDANT’S DESIGNATED CORPORATE REPRESENTATIVE PURSUANT TO FLORIDA RULES OF CIVIL PROCEDURE 1.310(b)(6) PLEASE TAKE NOTICE that the undersigned attorneys will take the deposition of: DEPONENT DATE AND TIME PLACE CourtScribes 201 SE 2nd Avenue, Suite 207 Gainesville, FL 32601 Defendant’s Designated Location number is Corporate Representative Tuesday, June 5, 2018 (800) 540-7030. at 10:00 a.m. : . To call in for a telephonic deposition use the following: 515-739-1015 Access Code: 401599095# Upon oral examination before a court reporter or any other Notary Public or officer authorized by law to take depositions in the State of Florida. The oral examination will continue from hour to hour and day to day until completed. This deposition is being taken for the purpose of discovery, for use at trial, or for such other purposes as are permitted under the Rules of Court. YOU ARE REQUIRED TO HAVE WITH YOU ALL ORIGINAL DOCUMENTS THAT YOU HAVE WHICH ARE LISTED IN THE ATTACHED SCHEDULE “B”. To the extent that Defendant claims any privilege or confidentiality applies to the documents requested, the deponent(s) is directed to bring such responsive documents to the deposition(s) so 1 Davip Low & ASSOCIATES, P.A. * 2101 WEST COMMERCIAL BOULEVARD, SUITE 2800 * FORT LAUDERDALE, FLORIDA 33309 (T) 305) 935-8986 « (F) (305) 675-2685 *4* FILED: BROWARD COUNTY. FL BRENDA D. FORMAN, CLERK 3/30/2018 10:09:12 AM.****that they can fully answer all of Plaintiffs’ counsel’s questions. However, a privilege log as contemplated under Florida Rule of Civil Procedure 1.280(b)(5) may be produced prior to and at the deposition(s) in lieu of the actual documents over which such claims(s) is asserted. Plaintiffs request that Defendant make any such privileged documents available to Defendant’s designee(s) during the deposition, so that Defendant’s designee may fully answer all questions. Such review will not be deemed a waiver of any claimed privilege. [IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, persons with disabilities needing special accommodation should contact the undersigned at (305) 935-8986 no later than seven (7) days prior to the proceedings. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished electronically via Florida’s E-Filing and/or electronic mail to todd@whimlegal.com, gwen@whlmlegal.com and gsabatino@whlmlegal.com on March 30, 2018. Respectfully submitted, DAVID LOW & ASSOCIATES, P.A. 2101 West Commercial Boulevard, Suite 2800 Fort Lauderdale, Florida 33309 Tel.: (305) 935-8986 Fax: (305) 675-2685 E-Service Email: eservice@ davidlowpa.com Non-Service Email: sschachere(@davidlowpa.com By: /s/ Sarah Schachere DAVID LOW, ESQ. Florida Bar No.: 67957 SARAH SCHACHERE, ESQ. Florida Bar Number.: 35987 2 Davip Low & ASSOCIATES, P.A. * 2101 WEST COMMERCIAL BOULEVARD, SUITE 2800 * FORT LAUDERDALE, FLORIDA 33309 (T) (305) 935-8986 « (F) (305) 675-2685SCHEDULE “A” Pursuant to Florida Rules of Civil Procedure 1.310(b)(6), you are respectfully requested to designate Defendant’s Corporate Representative(s) to testify on its behalf as to the issues listed below: 1. All reasons why the Defendant failed to pay the Insured’s claim. 2. Whether the terms of the policy at issue restrict payment in this case. The Deponent should be prepared to identify the specific passages of the policy that relate to the denial/reduction of the Insured’s damage. 3. The identification of all persons who were involved in the Insurer’s decision to reduce or deny payment in this matter. 4, The identification of all experts or consultants who rendered any opinions that were relied upon by the Insurer in reducing or denying payment for the matter at issue. 5. Each and every reason that you assert a basis for reducing or denying payment for the matter at issue. 6. The witness should be prepared to provide all facts which support the affirmative defenses asserted in this matter and the identification of all known witnesses with reference to such facts. 7. Identification of the policy, policy number and claim number for the subject matter. 8. The cause of loss that Defendant attributed to the Insured’s claim, and all facts supporting Defendant’s determination. 9. The existence and application of any deductible under the subject policy. 10. The method employed by the Defendant to determine the amount of the reimbursement for the matter at issue. 11. The scheduling of all Examinations Under Oath (EUO) scheduled by the Defendant in the subject claim, the manner in which such EUOs were scheduled, whether the EUO was attended, any correspondence or reasons relating to any failure to attend such EUOs, and any attempts by the Defendant to accommodate the claimant by rescheduling or otherwise. 12. If you claim fraud or misrepresentation, the witness should be prepared to testify how they relied upon it, and how it affected underwriting premium and coverage. 3 Davip Low & ASSOCIATES, P.A. * 2101 WEST COMMERCIAL BOULEVARD, SUITE 2800 * FORT LAUDERDALE, FLORIDA 33309 (T) (305) 935-8986 « (F) (305) 675-268513. 14, 15. 16. The relationship between the Insurer and any agent involved in the sale and issuance of the policy. Identify how the Insured failed to comply with the insurance policy’s conditions prior to commencing litigation. Identification and description of all documents within the Defendant’s possession, custody or control that have not been produced for any reason. All written discovery responses served by the Defendant in this matter. [SPACE INTENTIONALLY LEFT BLANK] 4 Davip Low & ASSOCIATES, P.A. * 2101 WEST COMMERCIAL BOULEVARD, SUITE 2800 * FORT LAUDERDALE, FLORIDA 33309 (T) (305) 935-8986 « (F) (305) 675-2685SCHEDULE “B” 1. Curriculum Vitae or current resume. 2. Allnon-privileged documents and materials, whether electronic or otherwise, including OMAR PEREZ and REBECA ACLE’s claims, any correspondence, notes, letters, pleadings, photographs, audio recordings, video recordings, communications, or information, that you have reviewed, relied upon, referenced, or heard of that relate or pertain in any way to this lawsuit from any source, including such documents or materials that were used or relied upon by you in making your opinion for claim number 3300232214. To the extent Defendant contends that any of the requests listed above seek documents protected by privilege, Plaintiffs request that Defendant prepare and produce prior to the deposition a privilege log that complies with Fla. R. Civ. P. 1.280(b)(5). Plaintiff also requests that the documents Defendant asserts are privileged be brought to the deposition and made available to the deponent for the sole purpose of refreshing the deponent's recollection, to allow competent testimony during the deposition. 5 Davip Low & ASSOCIATES, P.A. * 2101 WEST COMMERCIAL BOULEVARD, SUITE 2800 * FORT LAUDERDALE, FLORIDA 33309 (T) (305) 935-8986 « (F) (305) 675-2685