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Filing #63324393 E-Filed 10/25/2017 03:55:37 PM
IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT IN
AND FOR ORANGE COUNTY,
FLORIDA
Case No. 2017-CA-004877-O
RAMON A. SOLANO
and JOSEFINA SOLANO,
Plaintiffs,
vs.
UNIVERSAL INSURANCE COMPANY
OF NORTH AMERICA,
Defendant.
/
DEFENDANT’S OBJECTIONS TO PLAINTIFF’S NOTICE OF TAKING
DEPOSITION DUCES TECUM AND MOTION FOR PROTECTIVE ORDER
COMES NOW, Defendant, UNIVERSAL INSURANCE COMPANY OF
NORTH AMERICA (“UNIVERSAL”), by and through its undersigned attorneys, and
pursuant to Florida Rules of Civil Procedure, hereby files this its Motion for Protective
Order to limit the production of documents by Brian Washington at deposition and to
limit the Plaintiffs questioning to the actual facts and issues in dispute, and as grounds
therefore states as follows:
1 Plaintiff filed its Notice of Taking Deposition Duces Tecum of
Defendant’s Corporate Representative (“Notice”) on October 12, 2017 (attached as
Exhibit “A”).
2 Pursuant to the Notice, the deposition is currently scheduled to take place
on January 24, 2018 at 10:00 a.m. at Esquire Deposition Services, 1819 Main Street,
Suite 250, Sarasota, FL 34236.
3 Plaintiff has requested that the Defendant’s corporate representative
produce the following at his deposition:
) All documents documenting or supporting Defendant’s affirmative
defenses, or that Defendant anticipates will support Defendant’s
reasons for denying or failing to pay the full amount of Insured’s
Claim.
UNIVERSAL objects to this requests as it seeks the production of
documents or things that comprise UNIVERSAL’S claims file. Under
Florida Law claims files are privileged from discovery. Moreover,
UNIVERSAL/’s claims handling policies, practices and procedures are
likewise beyond the scope of discovery in a first party breach of
contract action. Furthermore, the materials requested are overly
broad, vague and ambiguous in their terms, are not properly limited
in time and are beyond the scope of discovery. Finally, the materials
requested include materials that were prepared in anticipation of
litigation and are protected by the attorney-client and work product
privileges. As such, it is not reasonably calculated to lead to the
discovery of relevant or admissible evidence. Furthermore, the
Defendant objects to the Plaintiff's request for production of items
“documenting or supporting Defendant's affirmative defenses, or that
Defendant anticipates will support Defendant's reasons for denying
the supplemental claim” as framed. Subject to and without waving
said objections, see Defendant’s privilege log filed/served on
10/2/2017.
2) All documents that Defendant reasonably expects to use at trial.
UNIVERSAL objects to this request as it seeks the production of
documents or things that comprise UNIVERSAL’S claims file. Under
Florida Law claims files are privileged from discovery. Moreover,
UNIVERSAL’s claims handling policies, practices and procedures are
likewise beyond the scope of discovery in a first party breach of
contract action. Furthermore, the materials requested are overly
broad, vague and ambiguous in their terms, are not properly limited
in time and are beyond the scope of discovery. Finally, the materials
requested include materials that were prepared in anticipation of
litigation and are protected by the attorney-client and work product
privileges and would include materials provided by experts. As such,
it is not reasonably calculated to lead te the discovery of relevant or
admissible evidence. To the extent that the Defendant will disclose
documents it expects to use at trial in this action those documents will
be disclosed in accordance with any pretrial order.
3) All photographs and/or videos that Defendant reasonably expects
to use at trial, or that support Defendant’s affirmative defenses.
UNIVERSAL objects to this request as it seeks the production of
documents or things that comprise UNIVERSAL’S claims file. Under
Florida Law claims files are privileged from discovery. Moreover,
UNIVERSAL’s claims handling policies, practices and procedures are
likewise beyond the scope of discovery in a first party breach of
contract action. Furthermore, the materials requested are overly
broad, vague and ambiguous in their terms, are not properly limited
in time and are beyond the scope of discovery. Finally, the materials
requested include materials that were prepared in anticipation of
litigation and are protected by the attorney-client and work product
privileges. As such, it is not reasonably calculated to lead to the
discovery of relevant or admissible evidence. To the extent that the
Defendant will disclose documents it expects to use at trial in this
action those documents will be disclosed in accordance with any
pretrial order.
4) All correspondence, emails, and all other documents provided by
Defendant to its representative, to Plaintiff or its representative, in any way
related to the Insured’s Claim.
UNIVERSAL objects to this request as it seeks the production of
documents or things that comprise UNIVERSAL’S claims file. Under
Florida Law claims files are privileged from discovery. Moreover,
UNIVERSAL’s claims handling policies, practices and procedures
are likewise beyond the scope of discovery in a first party breach of
contract action. Furthermore, the materials requested are overly
broad, vague and ambiguous in their terms, are not properly limited
in time and are beyond the scope of discovery. Finally, the materials
requested include materials that were prepared in anticipation of
litigation and are protected by the attorney-client and work product
privileges. As such, it is not reasonably calculated to lead to the
discovery of relevant or admissible evidence. Subject to and without
waiving the foregoing, a privilege log is attached to this response.
Subject to and without waving said objections, see Defendant’s
privilege log filed/served on 10/2/2017.
5) All correspondence, emails, and all other documents provided by
Defendant or its representative, to Plaintiff or its representative, in any way
related to the Insured’s Claim and/or Plaintiff's Invoice.
Universal objects to this request as it seeks the production of
documents or things that comprise UNIVERSAL’S claims file. Under
Florida Law claims files are privileged from discovery. Moreover,
UNIVERSAL/’s claims handling policies, practices and procedures are
likewise beyond the scope of discovery in a first party breach of
contract action. Furthermore, the materials requested are overly
broad, vague and ambiguous in their terms, are not properly limited
time and are beyond the scope of discovery. Finally, the materials
requested include materials that were prepared in anticipation of
litigation and are protected by the attorney-client and work product
privileges. As such, it is not reasonably calculated to lead to the
discovery of relevant or admissible evidence. Subject to and without
waving said objections, see Defendant’s privilege log filed/served on
10/2/2017.
6) All documents showing when the Insured’s Claim was reported to
the Defendant.
UNIVERSAL objects to this request as it seeks the production of
documents or things that comprise UNIVERSAL’S claims file. Under
Florida Law claims files are privileged from discovery. Moreover,
UNIVERSAL’s claims handling policies, practices and procedures are
likewise beyond the scope of discovery in a first party breach of
contract action. Furthermore, the materials requested are overly
broad, vague and ambiguous in their terms, are not properly limited
in time and are beyond the scope of discovery. Finally, the
materials requested include materials that were prepared in
anticipation of litigation and are protected by the attorney-client
and work product privileges. As such, it is not reasonably
calculated to lead to the discovery of relevant or admissible evidence.
Subject to and without waving said objections, see Defendant’s
privilege log filed/served on 10/2/2017.
7) All documents supporting the action taken by Defendant refusing
to pay the Insured’s Claim.
UNIVERSAL objects to this claim as it seeks the production of
documents comprise UNIVERSAL’S claims file. Under Florida Law
claims files are privileged from discovery. Moreover, UNIVERSAL’s
claims handling policies, practices and procedures are likewise
beyond the scope of discovery in a first party breach of contract
action. Furthermore, the materials requested are overly broad, vague
and ambiguous in their terms, are not properly limited in time and
are beyond the scope of discovery. Finally, the materials requested
include materials that were prepared in anticipation of litigation and
are protected by the attorney-client and work product privileges. As
such, it is not reasonably calculated to lead to the discovery of
relevant or admissible evidence. Furthermore, the Defendant objects
tothe Plaintiff’s request for production of items “documenting
supporting the action taken by Defendant refusing to pay the
Insured’s claim” as framed. Subject to and without waving said
objections, see Defendant’s privilege log filed/served on 10/2/2017.
8) All estimates prepared by or on behalf of Defendant in any way
related to the amount claimed by the Insured.
UNIVERSAL objects to this request as it seeks the production of
documents or things that comprise UNIVERSAL’S claims file. Under
Florida Law claims files are privileged from discovery. Moreover,
UNIVERSAL’s claims handling policies, practices and procedures are
likewise beyond the scope of discovery in a first party breach of
contract action. Furthermore, the materials requested are overly
broad, vague and ambiguous in their terms, are not properly limited
in time and are beyond the scope of discovery. Finally, the materials
requested include materials that were prepared in anticipation of
litigation and are protected by the attorney-client and work product
privileges. As such, it is not reasonably calculated to lead to the
discovery of relevant or admissible evidence. Subject to and without
waving said objections, see Defendant’s privilege log filed/served on
10/2/2017.
9) All documents Defendant provided to the person(s) who
investigated, adjusted or otherwise evaluated the Insured’s Claim.
UNIVERSAL objects to this request as it seeks the production of
documents or things that comprise UNIVERSAL’S claims file. Under
Florida Law claims files are privileged from discovery. Moreover,
UNIVERSAL’s claims handling policies, practices and
procedures are likewise beyond the scope of discovery in a first party
breach of contract action. Finally, the materials requested include
materials that were prepared in anticipation of litigation, may include
information regarding consulting experts and are protected by the
attorney-client and work product privileges. As such, it is not
reasonably calculated to lead to the discovery of relevant or
admissible evidence.
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
UNIVERSAL objects to this request as it seeks the production of
documents or things that comprise UNIVERSAL’S claims file. Under
Florida Law claims files are privileged from discovery. Moreover,
UNIVERSAL?’s claims handling policies, practices and procedures are
likewise beyond the scope of discovery in a first party breach of
contract action. Furthermore, the materials requested are overly
broad, vague and ambiguous in their terms, are not properly limited
in time and are beyond the scope of discovery. Finally, the materials
requested include materials that were prepared in anticipation of
litigation and are protected by the attorney-client and work product
privileges. As such, it is not reasonably calculated to lead to the
discovery of relevant or admissible evidence.
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 the Plaintiffs Complaint, as the Date upon which Plaintiff's property
suffered damaged covered by the Insured’s Policy).
UNIVERSAL objects to the production of documents or things that
comprise UNIVERSAL’S claims file. Under Florida Law claims files
are privileged from discovery. Moreover, UNIVERSAL’s claims
handling policies, practices and procedures are likewise beyond the
scope of discovery in a first party breach of contract action.
Furthermore, the materials requested are overly broad, vague and
ambiguous in their terms, are not properly limited in time and are
beyond the scope of discovery. Finally, the materials requested
include materials that were prepared in anticipation of litigation and
are protected by the attorney-client and work product privileges. As
such, it is not reasonably calculated to lead to the discovery of
relevant or admissible evidence.
12) The underwriting file kept by Defendant regarding the Insured
Premises dating from the inception of the Insured’s Policy
UNIVERSAL objects to the production of documents or things that
comprise UNIVERSAL’S claims file. Under Florida Law claims files
are privileged from discovery. Moreover, UNIVERSAL’s claims
handling policies, practices and procedures are likewise beyond the
scope of discovery in a first party breach of contract action.
Furthermore, the materials requested are overly broad, vague and
ambiguous in their terms, are not properly limited in time and are
beyond the scope of discovery. Finally, the materials requested
include materials that were prepared in anticipation of litigation and
are protected by the attorney-client and work product privileges. As
such, it is not reasonably calculated to lead to the discovery of
relevant or admissible evidence.
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.
UNIVERSAL objects to the production of documents or things that
comprise UNIVERSAL’S claims file. Under Florida Law claims files
are privileged from discovery. Moreover, UNIVERSAL’s claims
handling policies, practices and procedures are likewise beyond the
scope of discovery in a first party breach of contract action.
Furthermore, the materials requested are overly broad, vague and
ambiguous in their terms, are not properly limited in time and are
beyond the scope of discovery. Finally, the materials requested
include materials that were prepared in anticipation of litigation and
are protected by the attorney-client and work product privileges. As
such, it is not reasonably calculated to lead to the discovery of
relevant or admissible evidence.
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.
UNIVERSAL objects to the production of documents or things that
comprise UNIVERSAL’S claims file. Under Florida Law claims files
are privileged from discovery. Moreover, UNIVERSAL’s claims
handling policies, practices and procedures are likewise beyond the
scope of discovery in a first party breach of contract action.
Furthermore, the materials requested are overly broad, vague and
ambiguous in their terms, are not properly limited in time and are
beyond the scope of discovery. Finally, the materials requested
include materials that were prepared in anticipation of litigation and
are protected by the attorney-client and work product privileges. As
such, it is not reasonably calculated to lead to the discovery of
relevant or admissible evidence.
15) All signed sworn 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).
UNIVERSAL objects to this request as it is overly broad, unduly
burdensome, harassing, and/or not reasonably calculated to lead to
the discovery of admissible evidence. Furthermore, to the extent this
request seeks documentation regarding claims handling,
underwriting, or Universal’s thought process during the handling of
the subject claim, said information is not discoverable in a first-party
breach of contract action or an action seeking a declaration that
Universal breached an insurance policy. Subject to and without
waiving said objections, Universal responds: UNIVERSAL has not
obtained a signed sworn proof of loss submitted by the Insured.
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.
UNIVERSAL objects to this request as it is overly broad, unduly
burdensome, harassing, and/or not reasonably calculated to lead to
the discovery of admissible evidence. Furthermore, to the extent this
request seeks documentation regarding claims handling,
underwriting, or Universal’s thought process during the handling of
the subject claim, said information is not discoverable in a first-party
breach of contract action or an action seeking a declaration that
Universal breached an insurance policy. Subject to and without
waiving said objections, Universal responds: UNIVERSAL does not
have any building permits and/or or any records obtained from the
county and/or other municipality that is applicable to the Insured
Property covering the five year span prior to the subject Date of Loss.
17) All documents evidencing all payments made by Defendant to the
Insured and/or for the Insured’s benefits.
UNIVERSAL objects to this request as it is vague, ambiguous, overly
broad, and seeks information that is invasive of UNIVERSAL’s work
product. In addition, this request claims handling information that is
outside the scope of this breach of contract action. Subject to and
without waving said objection, see Defendant’s privilege log
filed/served on 10/2/2017 concerning UNIVERSAL’s 6/1/2016
correspondence to Insured.
18) All documents involving a prior claim made by the Insured orprior
damage sustained by an Insured, involving the Insured Property.
UNIVERSAL objects to this request as it seeks the production of
documents or things that comprise UNIVERSAL’S claims file. Under
Florida Law claims files are privileged from discovery. Moreover,
UNIVERSAL’s claims handling policies, practices and procedures are
likewise beyond the scope of discovery in a first party breach of
contract action. Furthermore, the materials requested are overly
broad, vague and ambiguous in their terms, are not properly limited
in time and are beyond the scope of discovery. Finally, the materials
requested include materials that were prepared in anticipation of
litigation and are protected by the attorney-client and work product
privileges. As such, it is not reasonably calculated to lead to the
discovery of relevant or admissible evidence. Subject to and without
waiving said objections, Universal responds: UNIVERSAL does not
have possession of documents involving a prior claim made by the
Insured or prior damage sustained by 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.
UNIVERSAL objects to this request as it seeks the production of
documents or things that comprise UNIVERSAL’S claims file. Under
Florida Law claims files are privileged from discovery. Moreover,
UNIVERSAL’s claims handling policies, practices and procedures are
likewise beyond the scope of discovery in a first party breach of
contract action. Furthermore, the materials requested are overly
broad, vague and ambiguous in their terms, are not properly limited
in time and are beyond the scope of discovery. As such, it is not
reasonably calculated to lead to the discovery of relevant or
admissible evidence. Subject to and without waiving said objections,
Universal responds: UNIVERSAL does not have possession of
documents evidencing 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 the Defendant and any
third parties, excluding Defendant’s attorney, in any way to (1) the condition of
the Insured Property before the Loss; or (2) the damage to the Insured Property
sustained during the Loss.
(1) None in Defendant’s possession.
(2) UNIVERSAL object to this request as it seeks the production of
documents or things that comprise UNIVERSAL’S claims file. Under
Florida Law claims files are privileged from discovery. Moreover,
UNIVERSAL’s claims handling __ policies, practices and
procedures are likewise beyond the scope of discovery in a first party
breach of contract action. Furthermore, the materials requested are
overly broad, vague and ambiguous in their terms, are not
properly limited in time and are beyond the scope of discovery.
Finally, the materials requested include materials that were prepared
in anticipation of litigation and are protected by the attorney-client
and work product privileges. As such, it is not reasonably calculated
to lead to the discovery of relevant or admissible evidence. Subject to
and without waving said objections, see Defendant’s privilege log
filed/served on 10/2/2017.
21) All documents showing or pertaining to any repairs made to the
Insured Property following the Loss.
UNIVERSAL objects to this request as it seeks the production of
documents or things that comprise UNIVERSAL’S claims file. Under
Florida Law claims files are privileged from discovery. Moreover,
UNIVERSAL’s claims handling policies, practices and procedures are
likewise beyond the scope of discovery in a first party breach of
contract action. Finally, the materials requested include materials that
were prepared in anticipation of litigation, may include information
regarding consulting experts and are protected by the attorney-client
and work product privileges. As such, it is not reasonably calculated
to lead to the discovery of relevant or admissible evidence.
22) All transcripts of any Examinations Under Oath given or provided
by Insured regarding the Loss.
UNIVERSAL objects to this request as it is overly broad, unduly
burdensome, harassing, and/or not reasonably calculated to lead to
the discovery of admissible evidence. Furthermore, to the extent this
request seeks documentation regarding claims handling,
underwriting, or Universal’s thought process during the handling of
the subject claim, said information is not discoverable in a first-
party breach of contract action or an action seeking a declaration that
Universal breached an insurance policy. Subject to and without
waiving said objections, Universal responds: UNIVERSAL has not
obtained an Examination Under Oath by the Insured regarding the
Loss.
23) All recorded statements given or provided by Insured regarding the
Loss. This request seeks a copy of the recording itself, not Defendant’s
transcript of the rerecorded statement.
UNIVERSAL objects to this request as it is overly broad, unduly
burdensome, harassing, and/or not reasonably calculated to lead to
the discovery of admissible evidence. Furthermore, to the extent this
request seeks documentation regarding claims handling,
underwriting, or Universal’s thought process during the handling of
the subject claim, said information is not discoverable in a first-party
breach of contract action or an action seeking a declaration that
Universal breached an insurance policy. Subject to and without
waiving said objections, Universal responds: UNIVERSAL has not
obtained a recorded statement by the Insured with regards to the
Loss.
24) All recorded statements given of provided by anyone besides the
Insured regarding the Loss. This request seeks a copy of the recording itself, not
Defendant’s transcript of the recorded statement.
UNIVERSAL objects to this request as it is overly broad, unduly
burdensome, harassing, and/or not reasonably calculated to lead to
the discovery of admissible evidence. Furthermore, to the extent this
request seeks documentation regarding claims handling,
underwriting, or Universal’s thought process during the handling of
the subject claim, said information is not discoverable in a first-party
breach of contract action or an action seeking a declaration that
Universal breached an insurance policy. Subject to and without
waiving said objections, Universal responds: UNIVERSAL has not
obtained a recorded statement by anyone with regards to the Loss.
25) All documents evidencing all payments made by Defendant to the
Insured and/or for the Insured’s benefits regarding the Insured’s Claim.
UNIVERSAL objects to this request as it is vague, ambiguous, overly
broad, and seeks information that is invasive of UNIVERSAL’s work
product. In addition, this request claims handling information that is
outside the scope of this breach of contract action. Subject to and
without waving said objection, see Defendant’s privilege log
filed/served on 10/2/2017 concerning UNIVERSAL’s 6/1/2016
correspondence to Insured.
26) All documents, written and computerized, memorializing the steps
taken by Defendant to adjust, process and otherwise handle the Insured’s Claim.
UNIVERSAL objects to this request as it seeks the production of
documents or things that comprise UNIVERSAL’S claims file. Under
Florida Law claims files are privileged from discovery. Moreover,
UNIVERSAL’s claims handling policies, practices and procedures are
likewise beyond the scope of discovery in a first party breach of
contract action. Furthermore, the materials requested are overly
broad, vague and ambiguous in their terms, are not properly limited
in time and are beyond the scope of discovery. Finally, the materials
requested include materials that were prepared in anticipation of
litigation and are protected by the attorney-client and work product
privileges. As such, it is not reasonably calculated to lead to the
discovery of relevant or admissible evidence.
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 Insured’s Claim.
UNIVERSAL objects to this request as it seeks the production of
documents or things that comprise UNIVERSAL’S claims file. Under
Florida Law claims files are privileged from discovery. Moreover,
UNIVERSAL’s claims handling policies, practices and procedures are
likewise beyond the scope of discovery in a first party breach of
contract action. Furthermore, the materials requested are overly
broad, vague and ambiguous in their terms, are not properly limited
in time and are beyond the scope of discovery. Finally, the materials
requested include materials that were prepared in anticipation of
litigation and are protected by the attorney-client and work product
privileges. As such, it is not reasonably calculated to lead to the
discovery of relevant or admissible evidence.
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.
UNIVERSAL objects to this request as it seeks the production of
documents or things that comprise UNIVERSAL’S claims file. Under
Florida Law claims files are privileged from discovery. Moreover,
UNIVERSAL’s claims handling policies, practices and procedures are
likewise beyond the scope of discovery in a first party breach of
contract action. Furthermore, the materials requested are overly
broad, vague and ambiguous in their terms, are not properly limited
in time and are beyond the scope of discovery. Finally, the materials
requested include materials that were prepared in anticipation of
litigation and are protected by the attorney-client and work product
privileges. As such, it is not reasonably calculated to lead to the
discovery of relevant or admissible evidence.
29) All written or computerized records of any investigations 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 litigations was first anticipated by
Defendant regarding the Insured’s Claim.
UNIVERSAL objects to this request as it seeks the production of
documents or things that comprise UNIVERSAL’S claims file. Under
Florida Law claims files are privileged from discovery. Moreover,
UNIVERSAL?’s claims handling policies, practices and procedures are
likewise beyond the scope of discovery in a first party breach of
contract action. Furthermore, the materials requested are overly
broad, vague and ambiguous in their terms, are not properly limited
in time and are beyond the scope of discovery. Finally, the materials
requested include materials that were prepared in anticipation of
litigation and are protected by the attorney-client and work product
privileges. As such, it is not reasonably calculated to lead to the
discovery of relevant or admissible evidence.
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.
UNIVERSAL objects to this request as it is vague, ambiguous, overly
broad, and seeks information that is invasive of UNIVERSAL’s work
product. In addition, this request claims handling information that is
outside the scope of this breach of contract action. Subject to and
without waving said objection, see Defendant’s privilege log
filed/served on 10/2/2017 concerning UNIVERSAL’s 6/1/2016
correspondence to Insured.
31) All written or computerized communications and written or
computerized records or oral communications, whether in person or by telephone,
between Plaintiff and any employee of Defendant and its adjuster that concern,
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.
UNIVERSAL objects to this request as it is vague, ambiguous, overly
broad, and seeks information that is invasive of UNIVERSAL’s work
product. In addition, this request claims handling information that is
outside the scope of this breach of contract action. Subject to and
without waving said objection, see Defendant’s privilege log
filed/served on 10/2/2017 concerning UNIVERSAL’s 6/1/2016
correspondence to Insured.
32) All written or computerized communications and written or
computerized records or 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 decisions by any employee or agent of defendant to pay,
deny, withhold, delay payment, or partially pay the Insured’s Claim.
UNIVERSAL objects to this request as it is vague, ambiguous, overly
broad, and seeks information that is invasive of UNIVERSAL’s work
product. In addition, this request claims handling information that is
outside the scope of this breach of contract action. Subject to and
without waving said objection, see Defendant’s privilege log
filed/served on 10/2/2017 concerning UNIVERSAL’s 6/1/2016
correspondence to Insured.
33) All activity logs, diaries, claims 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 Plaintiff's Invoice up
until the date of this lawsuit or the date Defendant reasonably anticipated
litigation in connection with the claim at issue in this action.
UNIVERSAL objects to this request as it seeks the production of
documents or things that comprise UNIVERSAL’S claims file. Under
Florida Law claims files are privileged from discovery. Moreover,
UNIVERSAL/’s claims handling policies, practices and procedures are
likewise beyond the scope of discovery in a first party breach of
contract action. Furthermore, the materials requested are overly
broad, vague and ambiguous in their terms, are not properly limited
in time and are beyond the scope of discovery. Finally, the materials
requested include materials that were prepared in anticipation of
litigation and are protected by the attorney-client and work product
privileges. As such, it is not reasonably calculated to lead to the
discovery of relevant or admissible evidence.
34) All reports prepared by or on behalf of Defendant in any way
related to Defendant’s investigation, evaluation and/or handling of the Insured’s
Claim.
UNIVERSAL objects to this request as it seeks the production of
documents or things that comprise UNIVERSAL’S claims file. Under
Florida Law claims files are privileged from discovery. Moreover,
UNIVERSAL’s claims handling policies, practices and procedures are
likewise beyond the scope of discovery in a first party breach of
contract action. Furthermore, the materials requested are overly
broad, vague and ambiguous in their terms, are not properly limited
in time and are beyond the scope of discovery. Finally, the materials
requested include materials that were prepared in anticipation of
litigation and are protected by the attorney-client and work product
privileges. As such, it is not reasonably calculated to lead to the
discovery of relevant or admissible evidence. Subject to and without
waving said objection, see Defendant’s privilege log filed/served on
10/2/2017 concerning UNIVERSAL’s 6/1/2016 correspondence to
Insured.
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 Insured’s Claim.
UNIVERSAL objects to this request as it seeks the production of
documents or things that comprise UNIVERSAL’S claims file. Under
Florida Law claims files are privileged from discovery. Moreover,
UNIVERSAL’s claims handling policies, practices and procedures are
likewise beyond the scope of discovery in a first party breach of
contract action. Furthermore, the materials requested are overly
broad, vague and ambiguous in their terms, are not properly limited
in time and are beyond the scope of discovery. Finally, the materials
requested include materials that were prepared in anticipation of
litigation and are protected by the attorney-client and work product
privileges. As such, it is not reasonably calculated to lead to the
discovery of relevant or admissible evidence. Subject to and without
waving said objection, see Defendant’s privilege log filed/served on
10/2/2017 concerning UNIVERSAL’s 6/1/2016 correspondence to
Insured.
36) A certified copy of the policy of insurance in effect on the Date of
Loss.
UNIIVERSAL will provide a copy of the 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.
UNIVERSAL objects to this request as it seeks the production of
documents or things that comprise UNIVERSAL’S claims file. Under
Florida Law claims files are privileged from discovery. Moreover,
UNIVERSAL/’s claims handling policies, practices and procedures are
likewise beyond the scope of discovery in a first party breach of
contract action. Furthermore, the materials requested are overly
broad, vague and ambiguous in their terms, are not properly limited
in time and are beyond the scope of discovery. Finally, the materials
requested include materials that were prepared in anticipation of
litigation and are protected by the attorney-client and work product
privileges. As such, it is not reasonably calculated to lead to the
discovery of relevant or admissible evidence. Subject to and without
waving said objection, see Defendant’s privilege log filed/served on
10/2/2017 concerning UNIVERSAL’s 6/1/2016 correspondence to
Insured.
38) Copies of all photographs, video tapes, estimates, sketches,
drawing, filed notes, estimates for damages, reports relied upon by you, reports
prepared by you or reports prepared for you on your behalf or on behalf of the
Plaintiff regarding the Insured’s Claim.
UNIVERSAL objects to this request as it seeks the production of
documents or things that comprise UNIVERSAL’S claims file. Under
Florida Law claims files are privileged from discovery. Moreover,
UNIVERSAL’s claims handling policies, practices and procedures are
likewise beyond the scope of discovery in a first party breach of
contract action. Furthermore, the materials requested are overly
broad, vague and ambiguous in their terms, are not properly limited
in time and are beyond the scope of discovery. Finally, the materials
requested include materials that were prepared in anticipation of
litigation and are protected by the attorney-client and work product
privileges. As such, it is not reasonably calculated to lead to the
discovery of relevant or admissible evidence. Subject to and without
waving said objections, see Defendant’s privilege log filed/served on
10/2/2017.
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.
UNIVERSAL objects to this request as it seeks the production of
documents or things that comprise UNIVERSAL’S claims file. Under
Florida Law claims files are privileged from discovery. Moreover,
UNIVERSAL’s claims handling policies, practices and procedures are
likewise beyond the scope of discovery in a first party breach of
contract action. Furthermore, the materials requested are overly
broad, vague and ambiguous in their terms, are not properly limited
in time and are beyond the scope of discovery. Finally, the materials
requested include materials that were prepared in anticipation of
litigation and are protected by the attorney-client and work product
privileges. As such, it is not reasonably calculated to lead to the
discovery of relevant or admissible evidence. Subject to and without
waving said objection, see Defendant’s privilege log filed/served on
10/2/2017 concerning UNIVERSAL’s 6/1/2016 correspondence to
Insured.
40) All documents, statements, notes, measurements, test results and
related materials relied upon by you in reaching your conclusion to make
payment, deny a payment, authorize payment or withhold payment of the
Insured’s Claim.
UNIVERSAL objects to this request as it seeks the production of
documents or things that comprise UNIVERSAL’S claims file. Under
Florida Law claims files are privileged from discovery. Moreover,
UNIVERSAL’s claims handling policies, practices and procedures are
likewise beyond the scope of discovery in a first party breach of
contract action. Furthermore, the materials requested are overly
broad, vague and ambiguous in their terms, are not properly limited
in time and are beyond the scope of discovery. Finally, the materials
requested include materials that were prepared in anticipation of
litigation and are protected by the attorney-client and work product
privileges. As such, it is not reasonably calculated to lead to the
discovery of relevant or admissible evidence. Subject to and without
waving said objection, see Defendant’s privilege log filed/served on
10/2/2017 concerning UNIVERSAL’s 6/1/2016 correspondence to
Insured.
41) All documents upon which you anticipate to rely in responding to
questions associates with the areas of inquiry listed in Schedule “A” during your
deposition.
UNIVERSAL objects to this request as it seeks the production of
documents or things that comprise UNIVERSAL’S claims file. Under
Florida Law claims files are privileged from discovery. Moreover,
UNIVERSAL’s claims handling policies, practices and procedures are
likewise beyond the scope of discovery in a first party breach of
contract action. Furthermore, the materials requested are overly
broad, vague and ambiguous in their terms, are not properly limited
in time and are beyond the scope of discovery. Finally, the materials
requested include materials that were prepared in anticipation of
litigation and are protected by the attorney-client and work product
privileges. As such, it is not reasonably calculated to lead to the
discovery of relevant or admissible evidence.
42) A copy of the Claims Manual.
UNIVERSAL objects to this request as it seeks the production of
documents or things that comprise UNIVERSAL’S claims file. Under
Florida Law claims files are privileged from discovery. Moreover,
UNIVERSAL’s claims handling policies, practices and procedures are
likewise beyond the scope of discovery in a first party breach of
contract action. Furthermore, the materials requested are overly
broad, vague and ambiguous in their terms, are not properly limited
in time and are beyond the scope of discovery. Finally, the materials
requested include materials that were prepared in anticipation of
litigation and are protected by the attorney-client and work product
privileges. As such, it is not reasonably calculated to lead to the
discovery of relevant or admissible evidence.
43) To the extent not already produced, a complete copy of the
underwriting file.
UNIVERSAL objects to this request as it seeks the production of
documents or things that comprise UNIVERSAL’S claims file. Under
Florida Law claims files are privileged from discovery. Moreover,
UNIVERSAL’s claims handling policies, practices and procedures are
likewise beyond the scope of discovery in a first party breach of
contract action. Furthermore, the materials requested are overly
broad, vague and ambiguous in their terms, are not properly limited
in time and are beyond the scope of discovery. Finally, the materials
requested include materials that were prepared in anticipation of
litigation and are protected by the attorney-client and work product
privileges. As such, it is not reasonably calculated to lead to the
discovery of relevant or admissible evidence.
44) A copy of the drafting history of the subject Policy.
UNIVERSAL objects to this request as it seeks the production of
documents or things that comprise UNIVERSAL’S claims file. Under
Florida Law claims files are privileged from discovery. Moreover,
UNIVERSAL’s claims handling policies, practices and procedures are
likewise beyond the scope of discovery in a first party breach of
contract action. Furthermore, the materials requested are overly
broad, vague and ambiguous in their terms, are not properly limited
in time and are beyond the scope of discovery. Finally, the materials
requested include materials that were prepared in anticipation of
litigation and are protected by the attorney-client and work product
privileges. As such, it is not reasonably calculated to lead to the
discovery of relevant or admissible evidence.
45) A copy of all documents which establish a Loss Reserve with
respect to the subject Claim.
UNIVERSAL objects to this request as it seeks the
Preview
Filing #63324393 E-Filed 10/25/2017 03:55:37 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA Case No. 2017-CA-004877-O RAMON A. SOLANO and JOSEFINA SOLANO, Plaintiffs, vs. UNIVERSAL INSURANCE COMPANY OF NORTH AMERICA, Defendant. / DEFENDANT’S OBJECTIONS TO PLAINTIFF’S NOTICE OF TAKING DEPOSITION DUCES TECUM AND MOTION FOR PROTECTIVE ORDER COMES NOW, Defendant, UNIVERSAL INSURANCE COMPANY OF NORTH AMERICA (“UNIVERSAL”), by and through its undersigned attorneys, and pursuant to Florida Rules of Civil Procedure, hereby files this its Motion for Protective Order to limit the production of documents by Brian Washington at deposition and to limit the Plaintiffs questioning to the actual facts and issues in dispute, and as grounds therefore states as follows: 1 Plaintiff filed its Notice of Taking Deposition Duces Tecum of Defendant’s Corporate Representative (“Notice”) on October 12, 2017 (attached as Exhibit “A”). 2 Pursuant to the Notice, the deposition is currently scheduled to take place on January 24, 2018 at 10:00 a.m. at Esquire Deposition Services, 1819 Main Street, Suite 250, Sarasota, FL 34236. 3 Plaintiff has requested that the Defendant’s corporate representative produce the following at his deposition: ) All documents documenting or supporting Defendant’s affirmative defenses, or that Defendant anticipates will support Defendant’s reasons for denying or failing to pay the full amount of Insured’s Claim. UNIVERSAL objects to this requests as it seeks the production of documents or things that comprise UNIVERSAL’S claims file. Under Florida Law claims files are privileged from discovery. Moreover, UNIVERSAL/’s claims handling policies, practices and procedures are likewise beyond the scope of discovery in a first party breach of contract action. Furthermore, the materials requested are overly broad, vague and ambiguous in their terms, are not properly limited in time and are beyond the scope of discovery. Finally, the materials requested include materials that were prepared in anticipation of litigation and are protected by the attorney-client and work product privileges. As such, it is not reasonably calculated to lead to the discovery of relevant or admissible evidence. Furthermore, the Defendant objects to the Plaintiff's request for production of items “documenting or supporting Defendant's affirmative defenses, or that Defendant anticipates will support Defendant's reasons for denying the supplemental claim” as framed. Subject to and without waving said objections, see Defendant’s privilege log filed/served on 10/2/2017. 2) All documents that Defendant reasonably expects to use at trial. UNIVERSAL objects to this request as it seeks the production of documents or things that comprise UNIVERSAL’S claims file. Under Florida Law claims files are privileged from discovery. Moreover, UNIVERSAL’s claims handling policies, practices and procedures are likewise beyond the scope of discovery in a first party breach of contract action. Furthermore, the materials requested are overly broad, vague and ambiguous in their terms, are not properly limited in time and are beyond the scope of discovery. Finally, the materials requested include materials that were prepared in anticipation of litigation and are protected by the attorney-client and work product privileges and would include materials provided by experts. As such, it is not reasonably calculated to lead te the discovery of relevant or admissible evidence. To the extent that the Defendant will disclose documents it expects to use at trial in this action those documents will be disclosed in accordance with any pretrial order. 3) All photographs and/or videos that Defendant reasonably expects to use at trial, or that support Defendant’s affirmative defenses. UNIVERSAL objects to this request as it seeks the production of documents or things that comprise UNIVERSAL’S claims file. Under Florida Law claims files are privileged from discovery. Moreover, UNIVERSAL’s claims handling policies, practices and procedures are likewise beyond the scope of discovery in a first party breach of contract action. Furthermore, the materials requested are overly broad, vague and ambiguous in their terms, are not properly limited in time and are beyond the scope of discovery. Finally, the materials requested include materials that were prepared in anticipation of litigation and are protected by the attorney-client and work product privileges. As such, it is not reasonably calculated to lead to the discovery of relevant or admissible evidence. To the extent that the Defendant will disclose documents it expects to use at trial in this action those documents will be disclosed in accordance with any pretrial order. 4) All correspondence, emails, and all other documents provided by Defendant to its representative, to Plaintiff or its representative, in any way related to the Insured’s Claim. UNIVERSAL objects to this request as it seeks the production of documents or things that comprise UNIVERSAL’S claims file. Under Florida Law claims files are privileged from discovery. Moreover, UNIVERSAL’s claims handling policies, practices and procedures are likewise beyond the scope of discovery in a first party breach of contract action. Furthermore, the materials requested are overly broad, vague and ambiguous in their terms, are not properly limited in time and are beyond the scope of discovery. Finally, the materials requested include materials that were prepared in anticipation of litigation and are protected by the attorney-client and work product privileges. As such, it is not reasonably calculated to lead to the discovery of relevant or admissible evidence. Subject to and without waiving the foregoing, a privilege log is attached to this response. Subject to and without waving said objections, see Defendant’s privilege log filed/served on 10/2/2017. 5) All correspondence, emails, and all other documents provided by Defendant or its representative, to Plaintiff or its representative, in any way related to the Insured’s Claim and/or Plaintiff's Invoice. Universal objects to this request as it seeks the production of documents or things that comprise UNIVERSAL’S claims file. Under Florida Law claims files are privileged from discovery. Moreover, UNIVERSAL/’s claims handling policies, practices and procedures are likewise beyond the scope of discovery in a first party breach of contract action. Furthermore, the materials requested are overly broad, vague and ambiguous in their terms, are not properly limited time and are beyond the scope of discovery. Finally, the materials requested include materials that were prepared in anticipation of litigation and are protected by the attorney-client and work product privileges. As such, it is not reasonably calculated to lead to the discovery of relevant or admissible evidence. Subject to and without waving said objections, see Defendant’s privilege log filed/served on 10/2/2017. 6) All documents showing when the Insured’s Claim was reported to the Defendant. UNIVERSAL objects to this request as it seeks the production of documents or things that comprise UNIVERSAL’S claims file. Under Florida Law claims files are privileged from discovery. Moreover, UNIVERSAL’s claims handling policies, practices and procedures are likewise beyond the scope of discovery in a first party breach of contract action. Furthermore, the materials requested are overly broad, vague and ambiguous in their terms, are not properly limited in time and are beyond the scope of discovery. Finally, the materials requested include materials that were prepared in anticipation of litigation and are protected by the attorney-client and work product privileges. As such, it is not reasonably calculated to lead to the discovery of relevant or admissible evidence. Subject to and without waving said objections, see Defendant’s privilege log filed/served on 10/2/2017. 7) All documents supporting the action taken by Defendant refusing to pay the Insured’s Claim. UNIVERSAL objects to this claim as it seeks the production of documents comprise UNIVERSAL’S claims file. Under Florida Law claims files are privileged from discovery. Moreover, UNIVERSAL’s claims handling policies, practices and procedures are likewise beyond the scope of discovery in a first party breach of contract action. Furthermore, the materials requested are overly broad, vague and ambiguous in their terms, are not properly limited in time and are beyond the scope of discovery. Finally, the materials requested include materials that were prepared in anticipation of litigation and are protected by the attorney-client and work product privileges. As such, it is not reasonably calculated to lead to the discovery of relevant or admissible evidence. Furthermore, the Defendant objects tothe Plaintiff’s request for production of items “documenting supporting the action taken by Defendant refusing to pay the Insured’s claim” as framed. Subject to and without waving said objections, see Defendant’s privilege log filed/served on 10/2/2017. 8) All estimates prepared by or on behalf of Defendant in any way related to the amount claimed by the Insured. UNIVERSAL objects to this request as it seeks the production of documents or things that comprise UNIVERSAL’S claims file. Under Florida Law claims files are privileged from discovery. Moreover, UNIVERSAL’s claims handling policies, practices and procedures are likewise beyond the scope of discovery in a first party breach of contract action. Furthermore, the materials requested are overly broad, vague and ambiguous in their terms, are not properly limited in time and are beyond the scope of discovery. Finally, the materials requested include materials that were prepared in anticipation of litigation and are protected by the attorney-client and work product privileges. As such, it is not reasonably calculated to lead to the discovery of relevant or admissible evidence. Subject to and without waving said objections, see Defendant’s privilege log filed/served on 10/2/2017. 9) All documents Defendant provided to the person(s) who investigated, adjusted or otherwise evaluated the Insured’s Claim. UNIVERSAL objects to this request as it seeks the production of documents or things that comprise UNIVERSAL’S claims file. Under Florida Law claims files are privileged from discovery. Moreover, UNIVERSAL’s claims handling policies, practices and procedures are likewise beyond the scope of discovery in a first party breach of contract action. Finally, the materials requested include materials that were prepared in anticipation of litigation, may include information regarding consulting experts and are protected by the attorney-client and work product privileges. As such, it is not reasonably calculated to lead to the discovery of relevant or admissible evidence. 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 UNIVERSAL objects to this request as it seeks the production of documents or things that comprise UNIVERSAL’S claims file. Under Florida Law claims files are privileged from discovery. Moreover, UNIVERSAL?’s claims handling policies, practices and procedures are likewise beyond the scope of discovery in a first party breach of contract action. Furthermore, the materials requested are overly broad, vague and ambiguous in their terms, are not properly limited in time and are beyond the scope of discovery. Finally, the materials requested include materials that were prepared in anticipation of litigation and are protected by the attorney-client and work product privileges. As such, it is not reasonably calculated to lead to the discovery of relevant or admissible evidence. 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 the Plaintiffs Complaint, as the Date upon which Plaintiff's property suffered damaged covered by the Insured’s Policy). UNIVERSAL objects to the production of documents or things that comprise UNIVERSAL’S claims file. Under Florida Law claims files are privileged from discovery. Moreover, UNIVERSAL’s claims handling policies, practices and procedures are likewise beyond the scope of discovery in a first party breach of contract action. Furthermore, the materials requested are overly broad, vague and ambiguous in their terms, are not properly limited in time and are beyond the scope of discovery. Finally, the materials requested include materials that were prepared in anticipation of litigation and are protected by the attorney-client and work product privileges. As such, it is not reasonably calculated to lead to the discovery of relevant or admissible evidence. 12) The underwriting file kept by Defendant regarding the Insured Premises dating from the inception of the Insured’s Policy UNIVERSAL objects to the production of documents or things that comprise UNIVERSAL’S claims file. Under Florida Law claims files are privileged from discovery. Moreover, UNIVERSAL’s claims handling policies, practices and procedures are likewise beyond the scope of discovery in a first party breach of contract action. Furthermore, the materials requested are overly broad, vague and ambiguous in their terms, are not properly limited in time and are beyond the scope of discovery. Finally, the materials requested include materials that were prepared in anticipation of litigation and are protected by the attorney-client and work product privileges. As such, it is not reasonably calculated to lead to the discovery of relevant or admissible evidence. 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. UNIVERSAL objects to the production of documents or things that comprise UNIVERSAL’S claims file. Under Florida Law claims files are privileged from discovery. Moreover, UNIVERSAL’s claims handling policies, practices and procedures are likewise beyond the scope of discovery in a first party breach of contract action. Furthermore, the materials requested are overly broad, vague and ambiguous in their terms, are not properly limited in time and are beyond the scope of discovery. Finally, the materials requested include materials that were prepared in anticipation of litigation and are protected by the attorney-client and work product privileges. As such, it is not reasonably calculated to lead to the discovery of relevant or admissible evidence. 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. UNIVERSAL objects to the production of documents or things that comprise UNIVERSAL’S claims file. Under Florida Law claims files are privileged from discovery. Moreover, UNIVERSAL’s claims handling policies, practices and procedures are likewise beyond the scope of discovery in a first party breach of contract action. Furthermore, the materials requested are overly broad, vague and ambiguous in their terms, are not properly limited in time and are beyond the scope of discovery. Finally, the materials requested include materials that were prepared in anticipation of litigation and are protected by the attorney-client and work product privileges. As such, it is not reasonably calculated to lead to the discovery of relevant or admissible evidence. 15) All signed sworn 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). UNIVERSAL objects to this request as it is overly broad, unduly burdensome, harassing, and/or not reasonably calculated to lead to the discovery of admissible evidence. Furthermore, to the extent this request seeks documentation regarding claims handling, underwriting, or Universal’s thought process during the handling of the subject claim, said information is not discoverable in a first-party breach of contract action or an action seeking a declaration that Universal breached an insurance policy. Subject to and without waiving said objections, Universal responds: UNIVERSAL has not obtained a signed sworn proof of loss submitted by the Insured. 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. UNIVERSAL objects to this request as it is overly broad, unduly burdensome, harassing, and/or not reasonably calculated to lead to the discovery of admissible evidence. Furthermore, to the extent this request seeks documentation regarding claims handling, underwriting, or Universal’s thought process during the handling of the subject claim, said information is not discoverable in a first-party breach of contract action or an action seeking a declaration that Universal breached an insurance policy. Subject to and without waiving said objections, Universal responds: UNIVERSAL does not have any building permits and/or or any records obtained from the county and/or other municipality that is applicable to the Insured Property covering the five year span prior to the subject Date of Loss. 17) All documents evidencing all payments made by Defendant to the Insured and/or for the Insured’s benefits. UNIVERSAL objects to this request as it is vague, ambiguous, overly broad, and seeks information that is invasive of UNIVERSAL’s work product. In addition, this request claims handling information that is outside the scope of this breach of contract action. Subject to and without waving said objection, see Defendant’s privilege log filed/served on 10/2/2017 concerning UNIVERSAL’s 6/1/2016 correspondence to Insured. 18) All documents involving a prior claim made by the Insured orprior damage sustained by an Insured, involving the Insured Property. UNIVERSAL objects to this request as it seeks the production of documents or things that comprise UNIVERSAL’S claims file. Under Florida Law claims files are privileged from discovery. Moreover, UNIVERSAL’s claims handling policies, practices and procedures are likewise beyond the scope of discovery in a first party breach of contract action. Furthermore, the materials requested are overly broad, vague and ambiguous in their terms, are not properly limited in time and are beyond the scope of discovery. Finally, the materials requested include materials that were prepared in anticipation of litigation and are protected by the attorney-client and work product privileges. As such, it is not reasonably calculated to lead to the discovery of relevant or admissible evidence. Subject to and without waiving said objections, Universal responds: UNIVERSAL does not have possession of documents involving a prior claim made by the Insured or prior damage sustained by 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. UNIVERSAL objects to this request as it seeks the production of documents or things that comprise UNIVERSAL’S claims file. Under Florida Law claims files are privileged from discovery. Moreover, UNIVERSAL’s claims handling policies, practices and procedures are likewise beyond the scope of discovery in a first party breach of contract action. Furthermore, the materials requested are overly broad, vague and ambiguous in their terms, are not properly limited in time and are beyond the scope of discovery. As such, it is not reasonably calculated to lead to the discovery of relevant or admissible evidence. Subject to and without waiving said objections, Universal responds: UNIVERSAL does not have possession of documents evidencing 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 the Defendant and any third parties, excluding Defendant’s attorney, in any way to (1) the condition of the Insured Property before the Loss; or (2) the damage to the Insured Property sustained during the Loss. (1) None in Defendant’s possession. (2) UNIVERSAL object to this request as it seeks the production of documents or things that comprise UNIVERSAL’S claims file. Under Florida Law claims files are privileged from discovery. Moreover, UNIVERSAL’s claims handling __ policies, practices and procedures are likewise beyond the scope of discovery in a first party breach of contract action. Furthermore, the materials requested are overly broad, vague and ambiguous in their terms, are not properly limited in time and are beyond the scope of discovery. Finally, the materials requested include materials that were prepared in anticipation of litigation and are protected by the attorney-client and work product privileges. As such, it is not reasonably calculated to lead to the discovery of relevant or admissible evidence. Subject to and without waving said objections, see Defendant’s privilege log filed/served on 10/2/2017. 21) All documents showing or pertaining to any repairs made to the Insured Property following the Loss. UNIVERSAL objects to this request as it seeks the production of documents or things that comprise UNIVERSAL’S claims file. Under Florida Law claims files are privileged from discovery. Moreover, UNIVERSAL’s claims handling policies, practices and procedures are likewise beyond the scope of discovery in a first party breach of contract action. Finally, the materials requested include materials that were prepared in anticipation of litigation, may include information regarding consulting experts and are protected by the attorney-client and work product privileges. As such, it is not reasonably calculated to lead to the discovery of relevant or admissible evidence. 22) All transcripts of any Examinations Under Oath given or provided by Insured regarding the Loss. UNIVERSAL objects to this request as it is overly broad, unduly burdensome, harassing, and/or not reasonably calculated to lead to the discovery of admissible evidence. Furthermore, to the extent this request seeks documentation regarding claims handling, underwriting, or Universal’s thought process during the handling of the subject claim, said information is not discoverable in a first- party breach of contract action or an action seeking a declaration that Universal breached an insurance policy. Subject to and without waiving said objections, Universal responds: UNIVERSAL has not obtained an Examination Under Oath by the Insured regarding the Loss. 23) All recorded statements given or provided by Insured regarding the Loss. This request seeks a copy of the recording itself, not Defendant’s transcript of the rerecorded statement. UNIVERSAL objects to this request as it is overly broad, unduly burdensome, harassing, and/or not reasonably calculated to lead to the discovery of admissible evidence. Furthermore, to the extent this request seeks documentation regarding claims handling, underwriting, or Universal’s thought process during the handling of the subject claim, said information is not discoverable in a first-party breach of contract action or an action seeking a declaration that Universal breached an insurance policy. Subject to and without waiving said objections, Universal responds: UNIVERSAL has not obtained a recorded statement by the Insured with regards to the Loss. 24) All recorded statements given of provided by anyone besides the Insured regarding the Loss. This request seeks a copy of the recording itself, not Defendant’s transcript of the recorded statement. UNIVERSAL objects to this request as it is overly broad, unduly burdensome, harassing, and/or not reasonably calculated to lead to the discovery of admissible evidence. Furthermore, to the extent this request seeks documentation regarding claims handling, underwriting, or Universal’s thought process during the handling of the subject claim, said information is not discoverable in a first-party breach of contract action or an action seeking a declaration that Universal breached an insurance policy. Subject to and without waiving said objections, Universal responds: UNIVERSAL has not obtained a recorded statement by anyone with regards to the Loss. 25) All documents evidencing all payments made by Defendant to the Insured and/or for the Insured’s benefits regarding the Insured’s Claim. UNIVERSAL objects to this request as it is vague, ambiguous, overly broad, and seeks information that is invasive of UNIVERSAL’s work product. In addition, this request claims handling information that is outside the scope of this breach of contract action. Subject to and without waving said objection, see Defendant’s privilege log filed/served on 10/2/2017 concerning UNIVERSAL’s 6/1/2016 correspondence to Insured. 26) All documents, written and computerized, memorializing the steps taken by Defendant to adjust, process and otherwise handle the Insured’s Claim. UNIVERSAL objects to this request as it seeks the production of documents or things that comprise UNIVERSAL’S claims file. Under Florida Law claims files are privileged from discovery. Moreover, UNIVERSAL’s claims handling policies, practices and procedures are likewise beyond the scope of discovery in a first party breach of contract action. Furthermore, the materials requested are overly broad, vague and ambiguous in their terms, are not properly limited in time and are beyond the scope of discovery. Finally, the materials requested include materials that were prepared in anticipation of litigation and are protected by the attorney-client and work product privileges. As such, it is not reasonably calculated to lead to the discovery of relevant or admissible evidence. 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 Insured’s Claim. UNIVERSAL objects to this request as it seeks the production of documents or things that comprise UNIVERSAL’S claims file. Under Florida Law claims files are privileged from discovery. Moreover, UNIVERSAL’s claims handling policies, practices and procedures are likewise beyond the scope of discovery in a first party breach of contract action. Furthermore, the materials requested are overly broad, vague and ambiguous in their terms, are not properly limited in time and are beyond the scope of discovery. Finally, the materials requested include materials that were prepared in anticipation of litigation and are protected by the attorney-client and work product privileges. As such, it is not reasonably calculated to lead to the discovery of relevant or admissible evidence. 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. UNIVERSAL objects to this request as it seeks the production of documents or things that comprise UNIVERSAL’S claims file. Under Florida Law claims files are privileged from discovery. Moreover, UNIVERSAL’s claims handling policies, practices and procedures are likewise beyond the scope of discovery in a first party breach of contract action. Furthermore, the materials requested are overly broad, vague and ambiguous in their terms, are not properly limited in time and are beyond the scope of discovery. Finally, the materials requested include materials that were prepared in anticipation of litigation and are protected by the attorney-client and work product privileges. As such, it is not reasonably calculated to lead to the discovery of relevant or admissible evidence. 29) All written or computerized records of any investigations 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 litigations was first anticipated by Defendant regarding the Insured’s Claim. UNIVERSAL objects to this request as it seeks the production of documents or things that comprise UNIVERSAL’S claims file. Under Florida Law claims files are privileged from discovery. Moreover, UNIVERSAL?’s claims handling policies, practices and procedures are likewise beyond the scope of discovery in a first party breach of contract action. Furthermore, the materials requested are overly broad, vague and ambiguous in their terms, are not properly limited in time and are beyond the scope of discovery. Finally, the materials requested include materials that were prepared in anticipation of litigation and are protected by the attorney-client and work product privileges. As such, it is not reasonably calculated to lead to the discovery of relevant or admissible evidence. 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. UNIVERSAL objects to this request as it is vague, ambiguous, overly broad, and seeks information that is invasive of UNIVERSAL’s work product. In addition, this request claims handling information that is outside the scope of this breach of contract action. Subject to and without waving said objection, see Defendant’s privilege log filed/served on 10/2/2017 concerning UNIVERSAL’s 6/1/2016 correspondence to Insured. 31) All written or computerized communications and written or computerized records or oral communications, whether in person or by telephone, between Plaintiff and any employee of Defendant and its adjuster that concern, 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. UNIVERSAL objects to this request as it is vague, ambiguous, overly broad, and seeks information that is invasive of UNIVERSAL’s work product. In addition, this request claims handling information that is outside the scope of this breach of contract action. Subject to and without waving said objection, see Defendant’s privilege log filed/served on 10/2/2017 concerning UNIVERSAL’s 6/1/2016 correspondence to Insured. 32) All written or computerized communications and written or computerized records or 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 decisions by any employee or agent of defendant to pay, deny, withhold, delay payment, or partially pay the Insured’s Claim. UNIVERSAL objects to this request as it is vague, ambiguous, overly broad, and seeks information that is invasive of UNIVERSAL’s work product. In addition, this request claims handling information that is outside the scope of this breach of contract action. Subject to and without waving said objection, see Defendant’s privilege log filed/served on 10/2/2017 concerning UNIVERSAL’s 6/1/2016 correspondence to Insured. 33) All activity logs, diaries, claims 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 Plaintiff's Invoice up until the date of this lawsuit or the date Defendant reasonably anticipated litigation in connection with the claim at issue in this action. UNIVERSAL objects to this request as it seeks the production of documents or things that comprise UNIVERSAL’S claims file. Under Florida Law claims files are privileged from discovery. Moreover, UNIVERSAL/’s claims handling policies, practices and procedures are likewise beyond the scope of discovery in a first party breach of contract action. Furthermore, the materials requested are overly broad, vague and ambiguous in their terms, are not properly limited in time and are beyond the scope of discovery. Finally, the materials requested include materials that were prepared in anticipation of litigation and are protected by the attorney-client and work product privileges. As such, it is not reasonably calculated to lead to the discovery of relevant or admissible evidence. 34) All reports prepared by or on behalf of Defendant in any way related to Defendant’s investigation, evaluation and/or handling of the Insured’s Claim. UNIVERSAL objects to this request as it seeks the production of documents or things that comprise UNIVERSAL’S claims file. Under Florida Law claims files are privileged from discovery. Moreover, UNIVERSAL’s claims handling policies, practices and procedures are likewise beyond the scope of discovery in a first party breach of contract action. Furthermore, the materials requested are overly broad, vague and ambiguous in their terms, are not properly limited in time and are beyond the scope of discovery. Finally, the materials requested include materials that were prepared in anticipation of litigation and are protected by the attorney-client and work product privileges. As such, it is not reasonably calculated to lead to the discovery of relevant or admissible evidence. Subject to and without waving said objection, see Defendant’s privilege log filed/served on 10/2/2017 concerning UNIVERSAL’s 6/1/2016 correspondence to Insured. 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 Insured’s Claim. UNIVERSAL objects to this request as it seeks the production of documents or things that comprise UNIVERSAL’S claims file. Under Florida Law claims files are privileged from discovery. Moreover, UNIVERSAL’s claims handling policies, practices and procedures are likewise beyond the scope of discovery in a first party breach of contract action. Furthermore, the materials requested are overly broad, vague and ambiguous in their terms, are not properly limited in time and are beyond the scope of discovery. Finally, the materials requested include materials that were prepared in anticipation of litigation and are protected by the attorney-client and work product privileges. As such, it is not reasonably calculated to lead to the discovery of relevant or admissible evidence. Subject to and without waving said objection, see Defendant’s privilege log filed/served on 10/2/2017 concerning UNIVERSAL’s 6/1/2016 correspondence to Insured. 36) A certified copy of the policy of insurance in effect on the Date of Loss. UNIIVERSAL will provide a copy of the 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. UNIVERSAL objects to this request as it seeks the production of documents or things that comprise UNIVERSAL’S claims file. Under Florida Law claims files are privileged from discovery. Moreover, UNIVERSAL/’s claims handling policies, practices and procedures are likewise beyond the scope of discovery in a first party breach of contract action. Furthermore, the materials requested are overly broad, vague and ambiguous in their terms, are not properly limited in time and are beyond the scope of discovery. Finally, the materials requested include materials that were prepared in anticipation of litigation and are protected by the attorney-client and work product privileges. As such, it is not reasonably calculated to lead to the discovery of relevant or admissible evidence. Subject to and without waving said objection, see Defendant’s privilege log filed/served on 10/2/2017 concerning UNIVERSAL’s 6/1/2016 correspondence to Insured. 38) Copies of all photographs, video tapes, estimates, sketches, drawing, filed notes, estimates for damages, reports relied upon by you, reports prepared by you or reports prepared for you on your behalf or on behalf of the Plaintiff regarding the Insured’s Claim. UNIVERSAL objects to this request as it seeks the production of documents or things that comprise UNIVERSAL’S claims file. Under Florida Law claims files are privileged from discovery. Moreover, UNIVERSAL’s claims handling policies, practices and procedures are likewise beyond the scope of discovery in a first party breach of contract action. Furthermore, the materials requested are overly broad, vague and ambiguous in their terms, are not properly limited in time and are beyond the scope of discovery. Finally, the materials requested include materials that were prepared in anticipation of litigation and are protected by the attorney-client and work product privileges. As such, it is not reasonably calculated to lead to the discovery of relevant or admissible evidence. Subject to and without waving said objections, see Defendant’s privilege log filed/served on 10/2/2017. 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. UNIVERSAL objects to this request as it seeks the production of documents or things that comprise UNIVERSAL’S claims file. Under Florida Law claims files are privileged from discovery. Moreover, UNIVERSAL’s claims handling policies, practices and procedures are likewise beyond the scope of discovery in a first party breach of contract action. Furthermore, the materials requested are overly broad, vague and ambiguous in their terms, are not properly limited in time and are beyond the scope of discovery. Finally, the materials requested include materials that were prepared in anticipation of litigation and are protected by the attorney-client and work product privileges. As such, it is not reasonably calculated to lead to the discovery of relevant or admissible evidence. Subject to and without waving said objection, see Defendant’s privilege log filed/served on 10/2/2017 concerning UNIVERSAL’s 6/1/2016 correspondence to Insured. 40) All documents, statements, notes, measurements, test results and related materials relied upon by you in reaching your conclusion to make payment, deny a payment, authorize payment or withhold payment of the Insured’s Claim. UNIVERSAL objects to this request as it seeks the production of documents or things that comprise UNIVERSAL’S claims file. Under Florida Law claims files are privileged from discovery. Moreover, UNIVERSAL’s claims handling policies, practices and procedures are likewise beyond the scope of discovery in a first party breach of contract action. Furthermore, the materials requested are overly broad, vague and ambiguous in their terms, are not properly limited in time and are beyond the scope of discovery. Finally, the materials requested include materials that were prepared in anticipation of litigation and are protected by the attorney-client and work product privileges. As such, it is not reasonably calculated to lead to the discovery of relevant or admissible evidence. Subject to and without waving said objection, see Defendant’s privilege log filed/served on 10/2/2017 concerning UNIVERSAL’s 6/1/2016 correspondence to Insured. 41) All documents upon which you anticipate to rely in responding to questions associates with the areas of inquiry listed in Schedule “A” during your deposition. UNIVERSAL objects to this request as it seeks the production of documents or things that comprise UNIVERSAL’S claims file. Under Florida Law claims files are privileged from discovery. Moreover, UNIVERSAL’s claims handling policies, practices and procedures are likewise beyond the scope of discovery in a first party breach of contract action. Furthermore, the materials requested are overly broad, vague and ambiguous in their terms, are not properly limited in time and are beyond the scope of discovery. Finally, the materials requested include materials that were prepared in anticipation of litigation and are protected by the attorney-client and work product privileges. As such, it is not reasonably calculated to lead to the discovery of relevant or admissible evidence. 42) A copy of the Claims Manual. UNIVERSAL objects to this request as it seeks the production of documents or things that comprise UNIVERSAL’S claims file. Under Florida Law claims files are privileged from discovery. Moreover, UNIVERSAL’s claims handling policies, practices and procedures are likewise beyond the scope of discovery in a first party breach of contract action. Furthermore, the materials requested are overly broad, vague and ambiguous in their terms, are not properly limited in time and are beyond the scope of discovery. Finally, the materials requested include materials that were prepared in anticipation of litigation and are protected by the attorney-client and work product privileges. As such, it is not reasonably calculated to lead to the discovery of relevant or admissible evidence. 43) To the extent not already produced, a complete copy of the underwriting file. UNIVERSAL objects to this request as it seeks the production of documents or things that comprise UNIVERSAL’S claims file. Under Florida Law claims files are privileged from discovery. Moreover, UNIVERSAL’s claims handling policies, practices and procedures are likewise beyond the scope of discovery in a first party breach of contract action. Furthermore, the materials requested are overly broad, vague and ambiguous in their terms, are not properly limited in time and are beyond the scope of discovery. Finally, the materials requested include materials that were prepared in anticipation of litigation and are protected by the attorney-client and work product privileges. As such, it is not reasonably calculated to lead to the discovery of relevant or admissible evidence. 44) A copy of the drafting history of the subject Policy. UNIVERSAL objects to this request as it seeks the production of documents or things that comprise UNIVERSAL’S claims file. Under Florida Law claims files are privileged from discovery. Moreover, UNIVERSAL’s claims handling policies, practices and procedures are likewise beyond the scope of discovery in a first party breach of contract action. Furthermore, the materials requested are overly broad, vague and ambiguous in their terms, are not properly limited in time and are beyond the scope of discovery. Finally, the materials requested include materials that were prepared in anticipation of litigation and are protected by the attorney-client and work product privileges. As such, it is not reasonably calculated to lead to the discovery of relevant or admissible evidence. 45) A copy of all documents which establish a Loss Reserve with respect to the subject Claim. UNIVERSAL objects to this request as it seeks the