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Filing #66931324 E-Filed 01/23/2018 05:04:16 PM
IN THE CIRCUIT COURT FOR THE NINTH JUDICIAL CIRCUIT
IN AND FOR ORANGE COUNTY, FLORIDA
RAMON A. SOLANO and
JOSEFINA SOLANO,
Case No.: 2017-CA-004877-O
Plaintiffs,
v
UNIVERSAL INSURANCE COMPANY
OF NORTH AMERICA,
Defendant.
/
PLAINTIFF’S RE-NOTICE OF TAKING DEPOSITION DUCES TECUM OF
DEFENDANT’S CORPORATE REPRESENTATIVE
(Cancels the Deposition Set for January 24, 2017)
PLEASE TAKE NOTICE that the undersigned attorney will take the deposition of:
Deponent Date and Time Place
Pursuant to Fla. R. Civ. P. 1.310,
Defendant shall designate one
(1) or more representatives with February 22, 2018 at 10:00 a.m. | Esquire Deposition Solutions
knowledge of the areas of 1819 Main Street, Suite 250
inquiry designated in the Exhibit Sarasota, FL 34236
“A” and produce the documents
listed in Exhibit “B”.
Upon oral examination before a court reporter or any other Notary Public or officer authorized by
law to take deposition in the State of Florida. The oral examination will continue from hour to hour and
day t 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”.
In an effort to expedite the deposition(s), Plaintiff's counsel requests that the requested documents
resporisive to Schedule “B” be produced at least ten (10) days before the date of the deposition(s) to allow
the parties to conduct the depositions quickly and efficiently. This will eliminate the need for Plaintiff's
counsel to review the documents for the first time at the deposition(s). Plaintiff will reimburse deponent(s)
for all reasonable costs associated with producing the requested documents prior to the depositions.
Page 1 of 7
Further, to the extent that Defendant claims any privilege or confidentiality applies to apply to the
documents requested, the deponent(s) is directed to bring such responsive documents to the deposition(s)
so that they can fully answer all Plaintiff's counsel’s questions. However,:a privilege log as contemplated
under Florida Rule of Civil Procedure 1.280(6)(5) may be produced prior to and at the time of the
deposition(s) in lieu of the actual documents over which such (claim(s) is.asserted. Plaintiff requests that
Defendant make any such privileged documents available to: Defendant’s designee(s) during the
deposition, so that Defendant’s designee may full answer all questions. Such review will not be deemed
a waiver of any claimed privilege.
{IN ACCORDANCE WITH THE AMERICANS DISABILITY ACT, persons with disabilities
needing a special accommodation should contact the undersigned at (407)500-2524 no later than
seven (7) days prior to the proceedings.]
CERTIFICATE OF SERVICE
1 HEREBY CERTIFY that a true and correct copy of the foregoing Notice of Taking
Deposition Duces Tecum was served upon the Defendant by e-mail, on this 23" day of January, 2018
to
LAW OFFICE OF DAVID D. GONGORA, P.A.
5401 S Kirkman Rd., Suite 310
Orlando, FL 32819
Telephone: (407) 500-2524
Primary Email: David@davidgongora.com
Secondary Email: LegalAssistA @davidgongora. com
2"4 Secondary Ei avidGongoraEsq@gmail.com
By
David D. mgora, Esq. FBN: 110745
SERVICE LIST
F, Caroline.H. Cranton, Esq.
Andrew P. Rock, Esq.
The Rock Law Group, P.A
1760 Fennell Street
Maitland, Florida 32751
Primary E-Mail: pleadings@rocklawpa.com
Secondary E-Mail: ccranton@rocklawpa.com
Attorneys for Defendant
Page 2 of 7
SCHEDULE “A”
The Defendant is requested to designate as its corporate representative a person(s)
having knowledge of the following areas of inquiry:
The claims decision made by Defendant regarding the Insured’s Claim,
including whether Defendant denied the Insured’s claim, paid the Insured’s
claim, or failed to pay the entire amount of the Insured’s claim. (For use in
Schedules A and B of this deposition notice, the term “Insured’s Claim”
is defined as the claim submitted by the Insured to Defendant involving the
date of loss described in Plaintiff's Complaint filed in this lawsuit). (For use
in Schedules A and B of this deposition notice, the term “Insured” means
the Plaintiff if the Plaintiff is an individual(s), or the Plaintiff’s Assignor if
the Plaintiff is suing Defendant based on an assignment of benefits from the
Insured.
All facts supporting Defendant’s valuation or partial denial of the Insured’s
Claim.
The names of all people (including full name, title, and name of person’s
employer) ofall persons who participated in determining whether to pay the
Insured’s Claim.
All facts Defendant learned during Defendant’s investigation, adjustment
and valuation of Insured’s Claim, which support the claims decision made
by Defendant regarding Insured’s Claim.
All facts supporting Defendant’s reasons for non-payment of the Insured’s
Claim.
The insurance policy language which Defendant contends supports that
claims decision made by Defendant regarding the Insured’s Claim.
All facts supporting Defendant’s contention that the damages Plaintiff seeks
to recover as a result of the Insured’s Claim were caused by any insurance
policy exclusions, or are otherwise limited by the insured’s insurance
policy. (The term “Insured’s Insurance Policy”, or “Insured’s Policy”
means the insurance policy that Defendant issued to the Plaintiff for the
property described in Plaintiff's Complaint).
All facts supporting Defendant’s contention that the Insured’s Claim is not
covered under the insurance policy, or that the entire amount of Plaintiff's
damages are not recoverable under the insurance policy. (For use in
Schedules A and B of this deposition notice, the term “Plaintiff’s
Damages” means the damages sustained by Plaintiff on the date of loss
alleged in Plaintiff's Complaint.
All steps taken by Defendant to investigate, adjust, and handle the Insured’s
Claim from the date it was initially reported to Defendant until the date of
this lawsuit.
Page 3 of7
10. All decisions made by or on behalf of Defendant regarding the adjustment,
investigation, and failure to pay the Insured’s Claim which is the subject of
this lawsuit and the basis for those decisions.
lL. All written discovery responses served by Defendant in this matter.
12. The cause of loss that Defendant attributed to the Insured’s Claim, and al
facts supporting Defendant’s determination.
SCHEDULE “B”
All documents documenting or supporting Defendant’ affirmative defenses,
or that Defendant anticipates will support Defendant’s reasons for denying
or failing to pay the full amount of the Insured’s Claim.
All documents that Defendant reasonably expects to use at trial.
All photographs and/or videos that Defendant reasonably expects to use at
trial, or hat support Defendant’s affirmative defenses.
All correspondence, emails, and all other documents provided by the
Insured’s or their representatives, to Defendant or its representatives, in any
way related to the Insured’s Claim.
All correspondence, emails, and all other documents provided by, Defendant
or its representatives, to Plaintiff or its representatives, in any way related
to the Insured’s Claim and/or Plaintiff's Invoice.
All documents showing when the Insured’s Claim was reported to
Defendant.
All documents supporting the action taken by Defendant refusing to pay the
Insured’s Claim.
All estimates prepared by or on behalf of Defendant in any way related to
the amount claimed by the Insured.
All documents Defendant provided to the person(s) who investigated,
adjusted or otherwise evaluated the Insured’s Claim.
10 All insurance applications the insured submitted to Defendant regarding the
insured property. (The term “Insured Premises” or “Insured Property”
means the property Plaintiff alleged in Plaintiff's Complaint is covered by
an Insurance Policy Defendant issued to Plaintiff).
11 All underwriting documents in any way relating to the condition of the
Insured Premises before the date of loss. (The term “Date of Loss” is the
date alleged in Plaintiff's Complaint, as the Date upon which Plaintiff's
property suffered damage covered by the Insured’s Policy).
12. The underwriting file kept by Defendant regarding the Insured Premises
dating from the inception of the Insured’s Policy.
13. All documents supporting any contention by Defendant that the Insured’s
Claim is.related to damages involving a prior claim made by the Insured or
prior damage sustained by the Insured.
Page 4 of 7
14, All documents supporting any contention by Defendant that the Insured’s
Claim is related to: damages involving a subsequent claim made by the
Insured or subsequent damage sustained by the Insured.
15. All signed swom proofs of loss submitted by the Insured to Defendant
regarding the Loss. (The term “Loss” means the event at issue in which the
Insured suffered property damage, on the date of loss alleged in Plaintiff's
Complaint).
16, All building permits and all other records obtained from the county or other
municipality, applicable to the Insured Property covering a five year span
prior to the Date of Loss.
17. All documents evidencing all payments made by Defendant to the Insured
and/or for the Insured’s benefit.
18, All documents involving a prior claim made by the Insured or prior damage
sustained by an Insured, involving the Insured Property.
19. All documents evidencing all payments made by Defendant to the Insured
and/or for the Insured’s benefit involving a subsequent claim made by the
Insured or subsequent damage sustained by an Insured, involving the
Insured Property.
20. All correspondence and documents between Defendant and any third
parties, excluding Defendant’s attorney, in any way related to (1) the
condition of the Insured Property before the Loss; or (2) the damage to the
Insured Property sustained during the Loss.
21. All documents showing or pertaining to any repairs made to the Insured
Property following the Loss.
22. All transcripts of any Examinations Under Oath given or provided by the
Insured regarding the Loss.
23. All recorded statements given or provided by the Insured regarding the
Loss. This request seeks a copy of the recording itself, not Defendant’s
transcript of the recorded statement.
24. All recorded statements given or provided by anyone besides the Insured
regarding the Loss. This request secks a copy of the recording itself, not
Defendant’s transcript of the recorded statement.
25. All documents evidencirig all payments made by Defendant to the Insured
and/or for the Insured’s benefit regarding the Insured’s Claim,
26. All documents, written and computerized, memorializing the steps taken by
Defendant to adjust, process and otherwise handle the Insured’s Claim.
27. All written or computerized records of all oral communications, whether
made in person or by telephone, to or from any employee of Defendant that
concern, refer, or relate, in any way to the processing of the Insured’s Claim.
28. All written or computerized communications and written or computerized
records of oral communications, whether made in person or by telephone,
between any employees of Defendant any adjuster that concern, refer, or
relate in any way to the Insured’s Claim.
Page 5 of 7
29. All written or computerized records of any investigation or adjustment
activities by Defendant and its adjusters, from the date of loss through the
earlier of the date of this lawsuit or the date litigation was first anticipated
by Defendant regarding the Insured’s Claim.
30 All written or computerized communications and written or computerized
records of oral communications, whether made in person or by telephone,
to or from any employee of Defendant and its adjusters that concern, refer,
or relate in any way to the decision to pay, deny, withhold, delay payment,
or conditionally or partially pay the Insured’s Claim.
31 All written or computerized communications and written or computerized
records of oral communications, whether in person or by telephone,
between Plaintiff and any employee of Defendant and its adjuster that
concer, refer, or relate in any way to the decision by any employee of
Defendant to pay, deny, withhold, delay payment, or partially pay the
Insured’s Claim.
32. All written or computerized communications and written or computerized
records of oral communications, whether in person or by telephone,
between any employee of Defendant and any third party that concern, refer,
or relate in any way to the decision by any employee or agent of defendant
to pay, deny, withhold, delay payment or conditionally or partially pay the
Insured’s Claim.
33. All activity logs, diaries, claim notes or log notes created by any adjuster,
claim representative, manager, or supervisor of Defendant or any third
parties during the adjustment of the Insured’s Claim and/or Plaintiffs
Invoice up until that date of this lawsuit or the date Defendant reasonably
anticipated litigation in connection with the claim at issue in this action.
34. All reports prepared by or on behalf of Defendant in any way related to
Defendant’s investigation, evaluations and/or handling of the Insured’s
Claim.
35. All damage estimates, reports or memoranda made by Defendant’s
adjuster(s) regarding the extent of damage and the reasons for payment,
delay of payment, withholding of payment or denial of payment on the
Insured’s Claim.
36. A certified copy of the policy of insurance in effect on the Date of Loss.
37. Copies of all letters from Defendant that make payment, deny payment,
authorize payment or withhold payment for the Insured’s Claim.
38. Copies of all photographs, video tapes, estimates, sketches, drawings, filed
notes, estimates for damages, reports relied upon by you, reports prepared
by you or reports prepared for you or on your behalf or on behalf of the
Plaintiff regarding the Insured’s Claim.
39. All property damage inventories, estimates or reports prepared and received
by you and upon which you relied in reaching your conclusions concerning
valuation of the Loss.
Page 6 of 7
40. All documents, statements, notes, measurements, test results and related
materials relied upon by you in reaching your conclusion to make payment,
deny payment, authorize payment or withhold payment of the Insured’s
Claim.
41 All documents upon which you anticipate to rely in responding to questions
associated with the areas of inquiry listed in Schedule “A” during your
deposition.
42. A copy of the Claims Manual.
43. To the extent not already produced, a complete copy of the underwriting
file.
44, A copy of the drafting history of the subject Policy.
45. A copy of all documents which establish a Loss Reserve with respect to the
subject Claim.
46. All documents concerning Defendant’s reinsurance agreements and
reinsurance communications.
To the extent Defendant contends that any of the requests listed above seek
documents protected by privilege, Plaintiff requests 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.
Page 7 of 7
Preview
Filing #66931324 E-Filed 01/23/2018 05:04:16 PM IN THE CIRCUIT COURT FOR THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA RAMON A. SOLANO and JOSEFINA SOLANO, Case No.: 2017-CA-004877-O Plaintiffs, v UNIVERSAL INSURANCE COMPANY OF NORTH AMERICA, Defendant. / PLAINTIFF’S RE-NOTICE OF TAKING DEPOSITION DUCES TECUM OF DEFENDANT’S CORPORATE REPRESENTATIVE (Cancels the Deposition Set for January 24, 2017) PLEASE TAKE NOTICE that the undersigned attorney will take the deposition of: Deponent Date and Time Place Pursuant to Fla. R. Civ. P. 1.310, Defendant shall designate one (1) or more representatives with February 22, 2018 at 10:00 a.m. | Esquire Deposition Solutions knowledge of the areas of 1819 Main Street, Suite 250 inquiry designated in the Exhibit Sarasota, FL 34236 “A” and produce the documents listed in Exhibit “B”. Upon oral examination before a court reporter or any other Notary Public or officer authorized by law to take deposition in the State of Florida. The oral examination will continue from hour to hour and day t 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”. In an effort to expedite the deposition(s), Plaintiff's counsel requests that the requested documents resporisive to Schedule “B” be produced at least ten (10) days before the date of the deposition(s) to allow the parties to conduct the depositions quickly and efficiently. This will eliminate the need for Plaintiff's counsel to review the documents for the first time at the deposition(s). Plaintiff will reimburse deponent(s) for all reasonable costs associated with producing the requested documents prior to the depositions. Page 1 of 7 Further, to the extent that Defendant claims any privilege or confidentiality applies to apply to the documents requested, the deponent(s) is directed to bring such responsive documents to the deposition(s) so that they can fully answer all Plaintiff's counsel’s questions. However,:a privilege log as contemplated under Florida Rule of Civil Procedure 1.280(6)(5) may be produced prior to and at the time of the deposition(s) in lieu of the actual documents over which such (claim(s) is.asserted. Plaintiff requests that Defendant make any such privileged documents available to: Defendant’s designee(s) during the deposition, so that Defendant’s designee may full answer all questions. Such review will not be deemed a waiver of any claimed privilege. {IN ACCORDANCE WITH THE AMERICANS DISABILITY ACT, persons with disabilities needing a special accommodation should contact the undersigned at (407)500-2524 no later than seven (7) days prior to the proceedings.] CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of the foregoing Notice of Taking Deposition Duces Tecum was served upon the Defendant by e-mail, on this 23" day of January, 2018 to LAW OFFICE OF DAVID D. GONGORA, P.A. 5401 S Kirkman Rd., Suite 310 Orlando, FL 32819 Telephone: (407) 500-2524 Primary Email: David@davidgongora.com Secondary Email: LegalAssistA @davidgongora. com 2"4 Secondary Ei avidGongoraEsq@gmail.com By David D. mgora, Esq. FBN: 110745 SERVICE LIST F, Caroline.H. Cranton, Esq. Andrew P. Rock, Esq. The Rock Law Group, P.A 1760 Fennell Street Maitland, Florida 32751 Primary E-Mail: pleadings@rocklawpa.com Secondary E-Mail: ccranton@rocklawpa.com Attorneys for Defendant Page 2 of 7 SCHEDULE “A” The Defendant is requested to designate as its corporate representative a person(s) having knowledge of the following areas of inquiry: The claims decision made by Defendant regarding the Insured’s Claim, including whether Defendant denied the Insured’s claim, paid the Insured’s claim, or failed to pay the entire amount of the Insured’s claim. (For use in Schedules A and B of this deposition notice, the term “Insured’s Claim” is defined as the claim submitted by the Insured to Defendant involving the date of loss described in Plaintiff's Complaint filed in this lawsuit). (For use in Schedules A and B of this deposition notice, the term “Insured” means the Plaintiff if the Plaintiff is an individual(s), or the Plaintiff’s Assignor if the Plaintiff is suing Defendant based on an assignment of benefits from the Insured. All facts supporting Defendant’s valuation or partial denial of the Insured’s Claim. The names of all people (including full name, title, and name of person’s employer) ofall persons who participated in determining whether to pay the Insured’s Claim. All facts Defendant learned during Defendant’s investigation, adjustment and valuation of Insured’s Claim, which support the claims decision made by Defendant regarding Insured’s Claim. All facts supporting Defendant’s reasons for non-payment of the Insured’s Claim. The insurance policy language which Defendant contends supports that claims decision made by Defendant regarding the Insured’s Claim. All facts supporting Defendant’s contention that the damages Plaintiff seeks to recover as a result of the Insured’s Claim were caused by any insurance policy exclusions, or are otherwise limited by the insured’s insurance policy. (The term “Insured’s Insurance Policy”, or “Insured’s Policy” means the insurance policy that Defendant issued to the Plaintiff for the property described in Plaintiff's Complaint). All facts supporting Defendant’s contention that the Insured’s Claim is not covered under the insurance policy, or that the entire amount of Plaintiff's damages are not recoverable under the insurance policy. (For use in Schedules A and B of this deposition notice, the term “Plaintiff’s Damages” means the damages sustained by Plaintiff on the date of loss alleged in Plaintiff's Complaint. All steps taken by Defendant to investigate, adjust, and handle the Insured’s Claim from the date it was initially reported to Defendant until the date of this lawsuit. Page 3 of7 10. All decisions made by or on behalf of Defendant regarding the adjustment, investigation, and failure to pay the Insured’s Claim which is the subject of this lawsuit and the basis for those decisions. lL. All written discovery responses served by Defendant in this matter. 12. The cause of loss that Defendant attributed to the Insured’s Claim, and al facts supporting Defendant’s determination. SCHEDULE “B” All documents documenting or supporting Defendant’ affirmative defenses, or that Defendant anticipates will support Defendant’s reasons for denying or failing to pay the full amount of the Insured’s Claim. All documents that Defendant reasonably expects to use at trial. All photographs and/or videos that Defendant reasonably expects to use at trial, or hat support Defendant’s affirmative defenses. All correspondence, emails, and all other documents provided by the Insured’s or their representatives, to Defendant or its representatives, in any way related to the Insured’s Claim. All correspondence, emails, and all other documents provided by, Defendant or its representatives, to Plaintiff or its representatives, in any way related to the Insured’s Claim and/or Plaintiff's Invoice. All documents showing when the Insured’s Claim was reported to Defendant. All documents supporting the action taken by Defendant refusing to pay the Insured’s Claim. All estimates prepared by or on behalf of Defendant in any way related to the amount claimed by the Insured. All documents Defendant provided to the person(s) who investigated, adjusted or otherwise evaluated the Insured’s Claim. 10 All insurance applications the insured submitted to Defendant regarding the insured property. (The term “Insured Premises” or “Insured Property” means the property Plaintiff alleged in Plaintiff's Complaint is covered by an Insurance Policy Defendant issued to Plaintiff). 11 All underwriting documents in any way relating to the condition of the Insured Premises before the date of loss. (The term “Date of Loss” is the date alleged in Plaintiff's Complaint, as the Date upon which Plaintiff's property suffered damage covered by the Insured’s Policy). 12. The underwriting file kept by Defendant regarding the Insured Premises dating from the inception of the Insured’s Policy. 13. All documents supporting any contention by Defendant that the Insured’s Claim is.related to damages involving a prior claim made by the Insured or prior damage sustained by the Insured. Page 4 of 7 14, All documents supporting any contention by Defendant that the Insured’s Claim is related to: damages involving a subsequent claim made by the Insured or subsequent damage sustained by the Insured. 15. All signed swom proofs of loss submitted by the Insured to Defendant regarding the Loss. (The term “Loss” means the event at issue in which the Insured suffered property damage, on the date of loss alleged in Plaintiff's Complaint). 16, All building permits and all other records obtained from the county or other municipality, applicable to the Insured Property covering a five year span prior to the Date of Loss. 17. All documents evidencing all payments made by Defendant to the Insured and/or for the Insured’s benefit. 18, All documents involving a prior claim made by the Insured or prior damage sustained by an Insured, involving the Insured Property. 19. All documents evidencing all payments made by Defendant to the Insured and/or for the Insured’s benefit involving a subsequent claim made by the Insured or subsequent damage sustained by an Insured, involving the Insured Property. 20. All correspondence and documents between Defendant and any third parties, excluding Defendant’s attorney, in any way related to (1) the condition of the Insured Property before the Loss; or (2) the damage to the Insured Property sustained during the Loss. 21. All documents showing or pertaining to any repairs made to the Insured Property following the Loss. 22. All transcripts of any Examinations Under Oath given or provided by the Insured regarding the Loss. 23. All recorded statements given or provided by the Insured regarding the Loss. This request seeks a copy of the recording itself, not Defendant’s transcript of the recorded statement. 24. All recorded statements given or provided by anyone besides the Insured regarding the Loss. This request secks a copy of the recording itself, not Defendant’s transcript of the recorded statement. 25. All documents evidencirig all payments made by Defendant to the Insured and/or for the Insured’s benefit regarding the Insured’s Claim, 26. All documents, written and computerized, memorializing the steps taken by Defendant to adjust, process and otherwise handle the Insured’s Claim. 27. All written or computerized records of all oral communications, whether made in person or by telephone, to or from any employee of Defendant that concern, refer, or relate, in any way to the processing of the Insured’s Claim. 28. All written or computerized communications and written or computerized records of oral communications, whether made in person or by telephone, between any employees of Defendant any adjuster that concern, refer, or relate in any way to the Insured’s Claim. Page 5 of 7 29. All written or computerized records of any investigation or adjustment activities by Defendant and its adjusters, from the date of loss through the earlier of the date of this lawsuit or the date litigation was first anticipated by Defendant regarding the Insured’s Claim. 30 All written or computerized communications and written or computerized records of oral communications, whether made in person or by telephone, to or from any employee of Defendant and its adjusters that concern, refer, or relate in any way to the decision to pay, deny, withhold, delay payment, or conditionally or partially pay the Insured’s Claim. 31 All written or computerized communications and written or computerized records of oral communications, whether in person or by telephone, between Plaintiff and any employee of Defendant and its adjuster that concer, refer, or relate in any way to the decision by any employee of Defendant to pay, deny, withhold, delay payment, or partially pay the Insured’s Claim. 32. All written or computerized communications and written or computerized records of oral communications, whether in person or by telephone, between any employee of Defendant and any third party that concern, refer, or relate in any way to the decision by any employee or agent of defendant to pay, deny, withhold, delay payment or conditionally or partially pay the Insured’s Claim. 33. All activity logs, diaries, claim notes or log notes created by any adjuster, claim representative, manager, or supervisor of Defendant or any third parties during the adjustment of the Insured’s Claim and/or Plaintiffs Invoice up until that date of this lawsuit or the date Defendant reasonably anticipated litigation in connection with the claim at issue in this action. 34. All reports prepared by or on behalf of Defendant in any way related to Defendant’s investigation, evaluations and/or handling of the Insured’s Claim. 35. All damage estimates, reports or memoranda made by Defendant’s adjuster(s) regarding the extent of damage and the reasons for payment, delay of payment, withholding of payment or denial of payment on the Insured’s Claim. 36. A certified copy of the policy of insurance in effect on the Date of Loss. 37. Copies of all letters from Defendant that make payment, deny payment, authorize payment or withhold payment for the Insured’s Claim. 38. Copies of all photographs, video tapes, estimates, sketches, drawings, filed notes, estimates for damages, reports relied upon by you, reports prepared by you or reports prepared for you or on your behalf or on behalf of the Plaintiff regarding the Insured’s Claim. 39. All property damage inventories, estimates or reports prepared and received by you and upon which you relied in reaching your conclusions concerning valuation of the Loss. Page 6 of 7 40. All documents, statements, notes, measurements, test results and related materials relied upon by you in reaching your conclusion to make payment, deny payment, authorize payment or withhold payment of the Insured’s Claim. 41 All documents upon which you anticipate to rely in responding to questions associated with the areas of inquiry listed in Schedule “A” during your deposition. 42. A copy of the Claims Manual. 43. To the extent not already produced, a complete copy of the underwriting file. 44, A copy of the drafting history of the subject Policy. 45. A copy of all documents which establish a Loss Reserve with respect to the subject Claim. 46. All documents concerning Defendant’s reinsurance agreements and reinsurance communications. To the extent Defendant contends that any of the requests listed above seek documents protected by privilege, Plaintiff requests 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. Page 7 of 7