Document for Elena Mendez, et al Plaintiff vs. Universal Property And Casualty Insurance Company Defendant

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                                Case Number: CACE-18-001306 Division: 14
Filing # 66666014 E-Filed 01/17/2018 04:19:25 PM

IN THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY,

FLORIDA
CASE NO.:
ELENA MENDEZ and
CHRISTOPHER MENDEZ,
Plaintiffs,
vs.

UNIVERSAL PROPERTY & CASUALTY
INSURANCE COMPANY,
Defendant.
/

NOTICE OF TAKING DEPOSITION DUCES TECUM
OF DEFENDANT’S DESIGNATED CORPORATE REPRESENTATIVE

PLEASE TAKE NOTICE that Plaintiffs, ELENA MENDEZ and CHRISTOPHER
MENDEZ, by and through undersigned counsel, will take the deposition, by oral examination of the
following witness per Rule 1.310(b)(6) as indicated below or at such other location, time, and date as
is mutually agreed upon by counsel or ordered by the Court, before an associate or deputy court
reporter who is not of counsel to the parties or interested in the events of this cause.

Name: Defendant’s designated corporate representative who is able to provide binding
testimony on behalf of the Defendant regarding the areas of inquiry as contained in the
attached Schedule “A” and documents produced in response to Schedule “‘B.”

Date: March 16, 2018
Time: 10:00 a.m.
Place: Exact Location 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.

To expedite the deposition and reduce fees/costs, Defendant through its counsel, shall e-mail to
Plaintiffs’ attorney, all documents responsive to Schedule “B” at least seven (7) days before the date
of the deposition [and as to any documents over which a claim of privilege is asserted, a privilege log
per Rule 1.280(b)(5)].

*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 1/17/2018 4:19:23 PM.****DEPOSITION DUCES TECUM OF DEFENDANT’S
DESIGNATED CORPORATE REPRESENTATIVE

SCHEDULE “A” AREAS OF INQUIRY: The Corporate Representative designated to provide

binding testimony on behalf of Defendant regarding the following topics:

1.

The factual basis and all policy language upon which Defendant’s Answer is based, including
all denials and affirmative defenses raised in this case.

Defendant’s responses to Plaintiffs’ discovery requests and all facts and policy language
which support Defendant’s responses to said discovery requests.

Defendant’s investigation of the claim that is the subject of this lawsuit from the date the claim
was reported until the date of this lawsuit.

Defendant’s valuation and payment, or lack thereof, of the claim at issue and factual basis for
same.

. The factual basis for any decisions made by Defendant with respect to coverage of the claim

at issue.

The date Defendant reasonably anticipated litigation for the subject claim and all
circumstances which gave rise to Defendant’s belief that litigation would result.

The cause of loss that Defendant attributed to the claim at issue in this lawsuit and factual
support for Defendant’s assignment of that cause of loss.

Communications that took place between Defendant’s employees/desk/independent adjusters
that relate to Defendant’s decision to pay, deny, withhold, delay payment, or partially pay the
claim at issue in this lawsuit.

The insurance policy which is the subject of this lawsuit and applicable coverages and
exclusions,

SCHEDULE “B” DOCUMENT PRODUCTION:

1.

All non-privileged documents relied upon in responding to the areas of inquiry in Schedule A
and reviewed in preparation for this deposition.

All correspondence exchanged between Defendant and its adjusters including all independent
or third-party adjusters involved in processing of the claim at issue.

All notices, reports or other documentations exchanged between Defendant and any third
party that relates in any way to the decision to pay, deny, withhold, delay payment or partially
pay the claim at issue.

All documentation in Defendant’s possession, custody or control, concerning the Plaintiffs.

Certified copies of any applicable insurance policies.
26. All documentation supporting the date Defendant reasonably anticipated litigation in
connection with the claim at issue.

7. All checks, drafts or otherwise, reflecting payments made to date in relation to the claim at
issue.

NOTE: Defendant’s Corporate Representative will NOT be questioned regarding privileged
information regarding claims handling; privileged information regarding company-wide policies and
procedures; privileged communication between the insurer and its attorneys; or legal interpretation
of the insurance policy.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was filed via the Florida
Court’s E-Filing Portal system on January 17, 2017, and served upon Defendant with the Summons

and Complaint.

HARITAN LAW

/s/ Chelsea E. Haritan

CHELSEA E. HARITAN, ESQ.
Florida Bar No: 98182

HARITAN LAW P.A.

PO Box 262

Pompano Beach, FL 33061

Counsel for Plaintiffs

Tel: 517.881.5859

EMAIL: Chelsea@HaritanLaw.com