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Filing #62270539 E-Filed 10/02/2017 03:02:01 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 RESPONSE TO PLAINTIFF’S REQUEST FOR PRODUCTION
Defendant, UNIVERSAL INSURANCE COMPANY OF NORTH AMERICA,
hereby responds to the First Request for Production served on July 26, 2017 by Plaintiff,
RAMON A. SOLANO and JOSEFINA SOLANO, stating as follows:
GENERAL OBJECTIONS
The following general objections apply to every paragraph of Plaintiffs’
Interrogatories:
1 Defendant objects to providing any information or documents which
contain privileged information, including, without limitation, attorney-client
communication.
2 Defendant objects to providing any information or documents which
contain information prepared in anticipation of litigation or for trial without the showing
by Plaintiff as required by the Florida Rules of Civil Procedure.
3 Defendant objects to providing any information or documents which are
covered by the work-product privilege, including, without limitation, any information
containing or reflecting mental impressions, conclusion, opinions, and/or legal belief of
any attorney for Defendant. Defendant further objects to producing any documents
protected by the privileges in the Florida Evidence Code, the Florida Constitution and any
other source of privilege.
4 Defendant objects to Plaintiff's instructions and definitions to the extent
they place duties, demands or obligations upon Defendant beyond those required by the
Florida Rules of Civil Procedure.
5 Pursuant to Florida Statutes and case law, should there be a ruling that the
materials objected to on the grounds of privilege are otherwise discoverable, a privilege
log will be provided under separate cover. Tedrow v. Cannon, 186 So.3d 43 (Fla 2! DCA
2016).
6 Without in any way waiving these objections; and incorporating each of
said objections into the specific responses set forth below, Defendant further states as
follows:
1 A certified and complete copy of the Policy that Defendant issued to the
Insured that was in effect on or about March 28, 2016.
Response: A certified copy of the Policy that Defendant issued to the
Insured that was in effect on or about March 28, 2016 is attached
hereto.
2 All documents reflecting Defendant's inspection(s) of the Insured Property
after March 28, 2016.
Response: Objection. This request 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.
3 All documents reflecting Defendant's inspection(s) of the Insured Property
before March 28, 2016, covering the preceding five (5) years.
Response: Objection. This request 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.
4 All documents reflecting Defendant's inspection(s) of the Insured Property
during the Defendant's underwriting of the Insured's Policy.
Response: Objection. This request 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.
5 All documents reflecting Defendant's inspection(s) of the Insured Property
during Defendant's underwriting of all insurance policies Defendant issued to the Insured
for the Insured Property prior to March 28, 2016.
Response: None.
6 All photographs and/or videos submitted by Plaintiff to Defendant in any
way related to the Loss.
Response: Objection. This request 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.
7 All photographs and/or videos submitted by Defendant to Plaintiff in any
way related to the Loss.
Response: Objection. This request 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
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.
8 All photographs and/or videos taken by Defendant in any way related to
the Loss.
Response: Objection. This request 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.
9 All correspondence, emails and all other documents provided by Plaintiff
and/or the Insured, to Defendant in any way related to the Loss.
Response: Objection. Request to Produce number 9 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.
10. All correspondence, emails and all other documents provided by
Defendant, to Plaintiffs and/or the Insured in any way related to the Loss.
Response: Objection. Request to Produce number 10 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
afirst 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.
11. All documents reflecting Defendant's efforts to investigate the Loss.
Response: Objection. This request 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.
12. All documents documenting or supporting Defendant's affirmative
defenses, or that Defendant anticipates will support Defendant's reasons for denying the
supplemental claim.
Response: Objection. This request 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 waiving the foregoing, a privilege log is
attached to this response.
13. All documents, including but not limited to estimates, reports, testing,
photographs and/or videos created by Defendant, Defendant's adjusters, Defendant's loss
consultants, or by any expert retained by Defendant to testify in these proceedings,
including but not limited to plumbers and engineers, in any way related to the Loss.
Response: Objection. This request 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 has not decided
which witnesses or experts will testify. Subject to and without waiving
the foregoing, a privilege log is attached to this response.
14. All documents identified in Defendant's Answers to Plaintiffs First Set of
Interrogatories.
Response: Objection. This request 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.
15. A current curriculum vitae and all biographical information for all
person(s) who inspected the Insured Property for or on behalf of Defendant following the
Loss which will testify in these proceedings.
Response: Objection. This request 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
consulting experts. As such, it is not reasonably calculated to lead to
the discovery of relevant or admissible evidence. In addition, the
Defendant has not yet decided who will testify on its behalf in this case.
To the extent that the Defendant chooses to disclose experts, their
reports will be produced in accordance with any pretrial order.
16. All documents in any way related to the damage caused to the Insured
Property from the alleged Loss.
Response: Objection as the Defendant is not in possession of “all
documents” related to the damage caused to the Insured Property
from the alleged Loss. Subject to and without waiving the foregoing, a
privilege log is attached to this response.
17. All documents documenting or supporting Plaintiffs claim for collection of
its loss from Defendant in this lawsuit.
Response: Objection. This request 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, 5
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.
18. All documents reflecting the relationship between Defendant and the
adjuster that assisted Defendant in investigating, adjusting, and/or evaluating Plaintiffs
Loss,
Response: Objection. This request 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.
19. All documents that support any denials by Defendant of Plaintiffs First
Request for Admissions.
Response: Objection. This request 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.
20. All reports relating to the damage the Insured Property sustained during or
as a result of the Loss.
Response: Objection. This request 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.
21. All reports relating to the condition of the Insured Property before the Loss.
Response: Objection. This request 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 reports relating to the condition of the Insured Property after the Loss.
Response: Objection. This request 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.
23. All documents showing when the Insureds notified Defendant of the Loss.
Response: Objection. This request 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.
24. All documents showing when Plaintiff notified Defendant of the Loss.
Response: Objection. This request 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.
25. All electronic claim notes made by or on behalf of Defendant in any way
relating to the Loss, or the condition of Insured Property at the time of Loss.
Response: Objection. This request 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.
26. The part of Defendant's claim file that Defendant reasonably expects to
rely upon at trial in this action.
Response: Objection. This request 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
consulting experts. 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 intends to rely upon at the trial in
this case those documents will be disclosed in accordance with any
pretrial order.
27. The part of Defendant's claim file that Defendant reasonably expects to use
at trial in support of its affirmative defenses.
Response: Objection. This request 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 consulting experts. 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 support of its affirmative defenses in this case those
documents will be disclosed in accordance with any pretrial order.
28. All documents that Defendant reasonably expects to rely upon at trial in
this action.
Response: Objection. This request 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 consulting experts. 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.
29, All documents that Defendant reasonably expects to use at trial in support
of its affirmative defenses.
Response: Objection. This request 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 limitedin 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 consulting experts. As such, it is not reasonably
calculated to lead to the discovery of relevant or admissible evidence.
Te the extent that the Defendant will disclose documents it expects to
use at trial in support of its affirmative defenses in this case will be
disclosed in accordance with any pretrial order.
30. All estimates prepared by Defendant in any way related to the amount
claimed by Plaintiff in this action.
Response: Objection. This request 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.
31. All estimates prepared by adjusters, contractors, loss consultants, or any
other person or entity for Defendant, that are in any way related to the amount claimed by
Plaintiff in this action.
Response: Objection. This request 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. 9
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.
32. All documents Defendant provided to the person(s) who investigated,
adjusted or otherwise evaluated the Loss.
Response: Objection. This request 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.
33. All documents reflecting any communication between Defendant, and any
of Defendant’s agents, independent adjusters, plumbers, engineers or other
representatives, in any way related to the Loss.
Response: Objection. This request 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.
34. All underwriting documents in any way relating to the condition of the
Insured Property before the Loss.
Response: Objection. This request 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.
35. The underwriting file kept by Defendant regarding the Insured Property
dating from the inception of Defendant's Policy on the Insured Premises through the
present time.
Response: Objection. This request 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.
36. All insurance applications the Insured submitted to Defendant regarding
the Insured Property.
Response: Objection. This request 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.
37. All documents containing any facts supporting any of Defendant's
affirmative defenses.
Response: Objection. This request 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.
38. 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.
Response: (1) None in Defendant’s possession.
(2) Objection. This request 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.
39. All reports relating to the damages sustained to Insured Property during or
as a result of the Loss.
Response: Objection. This request 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.
40. All documents showing or pertaining to any repairs made to the Insured
Property by or on behalf of the Insured prior to the Loss, including but not limited to
repair invoices, estimates, canceled checks, credit card receipts, contracts for repair,
receipts, certificates of completion, notices of commencement, special assessment notices,
payment logs, building permits and building permit applications.
Response: Objection. This request 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.
41. All documents showing or pertaining to any repairs made to the Insured
Property by or on behalf of the Insured after the Loss, including but not limited to repair
invoices, estimates, canceled checks, credit card receipts, contracts for repair, receipts,
certificates of completion, notices of commencement, special assessment notices, payment
logs, building permits and building permit applications.
Response: Objection. This request 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.
42. All recorded statements given or provided by the Insureds regarding the
Loss. This request seeks a copy of the recording itself, not Defendant's transcript of the
recorded statement.
Response: Objection, this request 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 with regards to the Loss.
43. All recorded statements given or 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.
Response: Objection, this request 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 with regards to the Loss.
.
44. All Coverage Letters sent by Defendant to the Insureds in any way related
to the Loss.
Response: Objection. Request to Produce number 44 seeks the
production of documents or things that comprise UNIVERSAL’S
claims file. Under Florida Law claims files are privileged from
discovery. Mor
Preview
Filing #62270539 E-Filed 10/02/2017 03:02:01 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 RESPONSE TO PLAINTIFF’S REQUEST FOR PRODUCTION Defendant, UNIVERSAL INSURANCE COMPANY OF NORTH AMERICA, hereby responds to the First Request for Production served on July 26, 2017 by Plaintiff, RAMON A. SOLANO and JOSEFINA SOLANO, stating as follows: GENERAL OBJECTIONS The following general objections apply to every paragraph of Plaintiffs’ Interrogatories: 1 Defendant objects to providing any information or documents which contain privileged information, including, without limitation, attorney-client communication. 2 Defendant objects to providing any information or documents which contain information prepared in anticipation of litigation or for trial without the showing by Plaintiff as required by the Florida Rules of Civil Procedure. 3 Defendant objects to providing any information or documents which are covered by the work-product privilege, including, without limitation, any information containing or reflecting mental impressions, conclusion, opinions, and/or legal belief of any attorney for Defendant. Defendant further objects to producing any documents protected by the privileges in the Florida Evidence Code, the Florida Constitution and any other source of privilege. 4 Defendant objects to Plaintiff's instructions and definitions to the extent they place duties, demands or obligations upon Defendant beyond those required by the Florida Rules of Civil Procedure. 5 Pursuant to Florida Statutes and case law, should there be a ruling that the materials objected to on the grounds of privilege are otherwise discoverable, a privilege log will be provided under separate cover. Tedrow v. Cannon, 186 So.3d 43 (Fla 2! DCA 2016). 6 Without in any way waiving these objections; and incorporating each of said objections into the specific responses set forth below, Defendant further states as follows: 1 A certified and complete copy of the Policy that Defendant issued to the Insured that was in effect on or about March 28, 2016. Response: A certified copy of the Policy that Defendant issued to the Insured that was in effect on or about March 28, 2016 is attached hereto. 2 All documents reflecting Defendant's inspection(s) of the Insured Property after March 28, 2016. Response: Objection. This request 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. 3 All documents reflecting Defendant's inspection(s) of the Insured Property before March 28, 2016, covering the preceding five (5) years. Response: Objection. This request 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. 4 All documents reflecting Defendant's inspection(s) of the Insured Property during the Defendant's underwriting of the Insured's Policy. Response: Objection. This request 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. 5 All documents reflecting Defendant's inspection(s) of the Insured Property during Defendant's underwriting of all insurance policies Defendant issued to the Insured for the Insured Property prior to March 28, 2016. Response: None. 6 All photographs and/or videos submitted by Plaintiff to Defendant in any way related to the Loss. Response: Objection. This request 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. 7 All photographs and/or videos submitted by Defendant to Plaintiff in any way related to the Loss. Response: Objection. This request 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 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. 8 All photographs and/or videos taken by Defendant in any way related to the Loss. Response: Objection. This request 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. 9 All correspondence, emails and all other documents provided by Plaintiff and/or the Insured, to Defendant in any way related to the Loss. Response: Objection. Request to Produce number 9 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. 10. All correspondence, emails and all other documents provided by Defendant, to Plaintiffs and/or the Insured in any way related to the Loss. Response: Objection. Request to Produce number 10 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 afirst 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. 11. All documents reflecting Defendant's efforts to investigate the Loss. Response: Objection. This request 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. 12. All documents documenting or supporting Defendant's affirmative defenses, or that Defendant anticipates will support Defendant's reasons for denying the supplemental claim. Response: Objection. This request 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 waiving the foregoing, a privilege log is attached to this response. 13. All documents, including but not limited to estimates, reports, testing, photographs and/or videos created by Defendant, Defendant's adjusters, Defendant's loss consultants, or by any expert retained by Defendant to testify in these proceedings, including but not limited to plumbers and engineers, in any way related to the Loss. Response: Objection. This request 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 has not decided which witnesses or experts will testify. Subject to and without waiving the foregoing, a privilege log is attached to this response. 14. All documents identified in Defendant's Answers to Plaintiffs First Set of Interrogatories. Response: Objection. This request 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. 15. A current curriculum vitae and all biographical information for all person(s) who inspected the Insured Property for or on behalf of Defendant following the Loss which will testify in these proceedings. Response: Objection. This request 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 consulting experts. As such, it is not reasonably calculated to lead to the discovery of relevant or admissible evidence. In addition, the Defendant has not yet decided who will testify on its behalf in this case. To the extent that the Defendant chooses to disclose experts, their reports will be produced in accordance with any pretrial order. 16. All documents in any way related to the damage caused to the Insured Property from the alleged Loss. Response: Objection as the Defendant is not in possession of “all documents” related to the damage caused to the Insured Property from the alleged Loss. Subject to and without waiving the foregoing, a privilege log is attached to this response. 17. All documents documenting or supporting Plaintiffs claim for collection of its loss from Defendant in this lawsuit. Response: Objection. This request 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, 5 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. 18. All documents reflecting the relationship between Defendant and the adjuster that assisted Defendant in investigating, adjusting, and/or evaluating Plaintiffs Loss, Response: Objection. This request 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. 19. All documents that support any denials by Defendant of Plaintiffs First Request for Admissions. Response: Objection. This request 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. 20. All reports relating to the damage the Insured Property sustained during or as a result of the Loss. Response: Objection. This request 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. 21. All reports relating to the condition of the Insured Property before the Loss. Response: Objection. This request 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 reports relating to the condition of the Insured Property after the Loss. Response: Objection. This request 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. 23. All documents showing when the Insureds notified Defendant of the Loss. Response: Objection. This request 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. 24. All documents showing when Plaintiff notified Defendant of the Loss. Response: Objection. This request 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. 25. All electronic claim notes made by or on behalf of Defendant in any way relating to the Loss, or the condition of Insured Property at the time of Loss. Response: Objection. This request 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. 26. The part of Defendant's claim file that Defendant reasonably expects to rely upon at trial in this action. Response: Objection. This request 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 consulting experts. 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 intends to rely upon at the trial in this case those documents will be disclosed in accordance with any pretrial order. 27. The part of Defendant's claim file that Defendant reasonably expects to use at trial in support of its affirmative defenses. Response: Objection. This request 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 consulting experts. 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 support of its affirmative defenses in this case those documents will be disclosed in accordance with any pretrial order. 28. All documents that Defendant reasonably expects to rely upon at trial in this action. Response: Objection. This request 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 consulting experts. 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. 29, All documents that Defendant reasonably expects to use at trial in support of its affirmative defenses. Response: Objection. This request 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 limitedin 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 consulting experts. As such, it is not reasonably calculated to lead to the discovery of relevant or admissible evidence. Te the extent that the Defendant will disclose documents it expects to use at trial in support of its affirmative defenses in this case will be disclosed in accordance with any pretrial order. 30. All estimates prepared by Defendant in any way related to the amount claimed by Plaintiff in this action. Response: Objection. This request 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. 31. All estimates prepared by adjusters, contractors, loss consultants, or any other person or entity for Defendant, that are in any way related to the amount claimed by Plaintiff in this action. Response: Objection. This request 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. 9 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. 32. All documents Defendant provided to the person(s) who investigated, adjusted or otherwise evaluated the Loss. Response: Objection. This request 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. 33. All documents reflecting any communication between Defendant, and any of Defendant’s agents, independent adjusters, plumbers, engineers or other representatives, in any way related to the Loss. Response: Objection. This request 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. 34. All underwriting documents in any way relating to the condition of the Insured Property before the Loss. Response: Objection. This request 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. 35. The underwriting file kept by Defendant regarding the Insured Property dating from the inception of Defendant's Policy on the Insured Premises through the present time. Response: Objection. This request 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. 36. All insurance applications the Insured submitted to Defendant regarding the Insured Property. Response: Objection. This request 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. 37. All documents containing any facts supporting any of Defendant's affirmative defenses. Response: Objection. This request 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. 38. 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. Response: (1) None in Defendant’s possession. (2) Objection. This request 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. 39. All reports relating to the damages sustained to Insured Property during or as a result of the Loss. Response: Objection. This request 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. 40. All documents showing or pertaining to any repairs made to the Insured Property by or on behalf of the Insured prior to the Loss, including but not limited to repair invoices, estimates, canceled checks, credit card receipts, contracts for repair, receipts, certificates of completion, notices of commencement, special assessment notices, payment logs, building permits and building permit applications. Response: Objection. This request 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. 41. All documents showing or pertaining to any repairs made to the Insured Property by or on behalf of the Insured after the Loss, including but not limited to repair invoices, estimates, canceled checks, credit card receipts, contracts for repair, receipts, certificates of completion, notices of commencement, special assessment notices, payment logs, building permits and building permit applications. Response: Objection. This request 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. 42. All recorded statements given or provided by the Insureds regarding the Loss. This request seeks a copy of the recording itself, not Defendant's transcript of the recorded statement. Response: Objection, this request 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 with regards to the Loss. 43. All recorded statements given or 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. Response: Objection, this request 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 with regards to the Loss. . 44. All Coverage Letters sent by Defendant to the Insureds in any way related to the Loss. Response: Objection. Request to Produce number 44 seeks the production of documents or things that comprise UNIVERSAL’S claims file. Under Florida Law claims files are privileged from discovery. Mor