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Filing # 130370490 E-Filed 07/09/2021 03:13:20 PM
IN THE CIRCUIT COURT OF THE
FIFTH JUDICIAL CIRCUIT, INAND FOR
LAKE COUNTY, FLORIDA
CASE NO.: 35-2021-CA-000746-AXXX-
XX
KRISH DARMALINGUM,
Plaintiff(s),
vs.
CLEAR BLUE INSURANCE COMPANY,
Defendant.
PLAINTIFF’S RESPONSE TO DEFENDANT’S FIRST REQUEST TO PRODUCE
COMES NOW, Plaintiff(s), KRISH DARMALINGUM, by and through undersigned
counsel and pursuant to the applicable Florida Rules of Civil Procedure 1.340 serves
Plaintiff's Answers to Defendant's Request to Produce to Plaintiff.
1. All documents evidencing damage sustained by the Plaintiff for the loss that is the
subject of this litigation, including but not limited to, estimates for repairs, proposals,
contracts, subcontracts, blueprints, invoices, and reports.
RESPONSE:
See attached estimate and contract from Nationwide General Contracting.
2. All documents evidencing expenditures by or on behalf of the Plaintiff for repair of the
alleged damage sustained at the subject property, including but not limited to, invoices
for tree removal, invoices for roof repairs, estimates for repairs, proposals, contracts,
FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 07/09/2021 04:11:46 PM.subcontracts, blueprints, canceled checks for repairs, receipts, invoices, other
evidence of payments for such repairs, reconstruction, modification or restoration of
the dwelling.
RESPONSE:
None in Plaintiff's possession, custody, or control.
. All contracts, estimates, invoices, proposals, statements, receipts, cancelled checks
and other documents relating to repairs, remodeling, construction, restoration or
maintenance performed at the subject property or to the structure in the last ten (10)
years.
RESPONSE:
None in Plaintiff's possession, custody, or control.
. If your claim seeks reimbursement for replacement cost of personal property damaged
in the loss that is the subject of this litigation, please produce any and all documents
evidencing the repair and/or replacement of any such property, including but not
limited to cancelled checks, brochures, appraisals, receipts, purchase orders,
operator manuals, and other pertinent documents.
RESPONSE:
None in Plaintiff's possession, custody, or control.
. If your claim seeks reimbursement for replacement or rebuilding of any structure or
appurtenance damaged in the claimed event that is the subject of this action, pleaseproduce any and all documents evidencing the repair and/or replacement of any such
property, including but not limited to estimates, proposals, contracts, cancelled
checks, brochures, appraisals, receipts, purchase orders, operator manuals, and the
like.
RESPONSE:
None in Plaintiff's possession, custody, or control.
6. All photographs or other pictorial representations of the areas of the subject property
claimed damaged available, depicting the property condition before, and after the loss
occurred.
RESPONSE:
See attached photograph.
7. All policies of insurance under which any claim has been made related to the alleged
damage, and all correspondence, applications, memoranda, or other documents
relating to said policies of insurance or any claim under said policies of insurance.
RESPONSE:
See attached declaration page.
8. A complete copy of all records or documents reflecting any repairs or maintenance,
regular/routine or otherwise, performed at the subject property for the five (5) years
preceding the loss that is the subject of this litigation.
RESPONSE:None in Plaintiff's possession, custody, or control.
9. Any and all engineering reports, incident reports statements or investigative materials
obtained regarding the cause of loss that is the subject of this litigation.
RESPONSE:
None in Plaintiff's possession, custody, or control.
10.Any and all receipts and/or any documents that show proof of expenses in regards to
Additional Living Expense accrued due to the loss that is the subject of this litigation.
RESPONSE:
None in Plaintiff's possession, custody, or control.
11.Any and all documents including but not limited to correspondence, reports,
evaluations, estimates, invoices, memoranda, e-mails and notes concerning the facts
and circumstances that support the contention that there is coverage for all or a portion
of all or any of the Plaintiff's insurance claim with respect to the Subject Property.
RESPONSE:
See previously attached documents and correspondence from Clear Blue
Insurance Company.
12.Any and all documents including but not limited to correspondence, reports,
evaluations, estimates, invoices, memoranda, e-mails and notes concerning or
reflecting the amounts that the Plaintiff claim were due under the subject insurance
policy as a result of the loss that is the subject of this litigation.RESPONSE:
See previously attached documents.
13.Any and all documents including, but not limited to, pre-purchase inspection reports,
pre-purchase appraisals, correspondence, reports, evaluations, invoices, e-mails and
notes concerning Plaintiffs purchase of the Subject Property.
RESPONSE:
See attached warranty deed.
14.Any and all documents showing your submission or submission on your behalf of
documentation or evidence of a loss in excess of the policy deductible prior the filing
of the Complaint.
RESPONSE:
None in Plaintiff's possession, custody, or control.
15.All documents that you consulted in connection with preparing or supporting your
responses to all discovery served upon you by CLEAR BLUE.
RESPONSE:
See previously attached documents.
16.All documents in support of the allegations in the Complaint.
RESPONSE:
See attached documents.17.All documents, including photographs, correspondence, emails, reports, estimates,
checks, ect., related to the claims you submitted to any other insurance company for
any damage to the property that is the subject of this litigation.
RESPONSE:
None in Plaintiff's possession, custody, or control.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the foregoing was filed via the
Florida E-Portal and email, which will be electronically served a copy to: all parties of
record at the designated email address registered with the e-portal on the date identified
on the e-filing.
BOLTZ LEGAL
1221 E. Broadway St., Suite 1011
Oviedo, FL 32765
Telephone: (386) 868-5848
Fax: (386) 868-5847
ATTORNEY FOR PLAINTIFF
Primary: brookeboltz@boltzlegal.com
Secondary: blacy@boltzlegal.com
/s/_ BROOKE BOLTZ
BROOKE BOLTZ, ESQUIRE
Florida Bar No.: 54035
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Filing # 130370490 E-Filed 07/09/2021 03:13:20 PM IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT, INAND FOR LAKE COUNTY, FLORIDA CASE NO.: 35-2021-CA-000746-AXXX- XX KRISH DARMALINGUM, Plaintiff(s), vs. CLEAR BLUE INSURANCE COMPANY, Defendant. PLAINTIFF’S RESPONSE TO DEFENDANT’S FIRST REQUEST TO PRODUCE COMES NOW, Plaintiff(s), KRISH DARMALINGUM, by and through undersigned counsel and pursuant to the applicable Florida Rules of Civil Procedure 1.340 serves Plaintiff's Answers to Defendant's Request to Produce to Plaintiff. 1. All documents evidencing damage sustained by the Plaintiff for the loss that is the subject of this litigation, including but not limited to, estimates for repairs, proposals, contracts, subcontracts, blueprints, invoices, and reports. RESPONSE: See attached estimate and contract from Nationwide General Contracting. 2. All documents evidencing expenditures by or on behalf of the Plaintiff for repair of the alleged damage sustained at the subject property, including but not limited to, invoices for tree removal, invoices for roof repairs, estimates for repairs, proposals, contracts, FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 07/09/2021 04:11:46 PM.subcontracts, blueprints, canceled checks for repairs, receipts, invoices, other evidence of payments for such repairs, reconstruction, modification or restoration of the dwelling. RESPONSE: None in Plaintiff's possession, custody, or control. . All contracts, estimates, invoices, proposals, statements, receipts, cancelled checks and other documents relating to repairs, remodeling, construction, restoration or maintenance performed at the subject property or to the structure in the last ten (10) years. RESPONSE: None in Plaintiff's possession, custody, or control. . If your claim seeks reimbursement for replacement cost of personal property damaged in the loss that is the subject of this litigation, please produce any and all documents evidencing the repair and/or replacement of any such property, including but not limited to cancelled checks, brochures, appraisals, receipts, purchase orders, operator manuals, and other pertinent documents. RESPONSE: None in Plaintiff's possession, custody, or control. . If your claim seeks reimbursement for replacement or rebuilding of any structure or appurtenance damaged in the claimed event that is the subject of this action, pleaseproduce any and all documents evidencing the repair and/or replacement of any such property, including but not limited to estimates, proposals, contracts, cancelled checks, brochures, appraisals, receipts, purchase orders, operator manuals, and the like. RESPONSE: None in Plaintiff's possession, custody, or control. 6. All photographs or other pictorial representations of the areas of the subject property claimed damaged available, depicting the property condition before, and after the loss occurred. RESPONSE: See attached photograph. 7. All policies of insurance under which any claim has been made related to the alleged damage, and all correspondence, applications, memoranda, or other documents relating to said policies of insurance or any claim under said policies of insurance. RESPONSE: See attached declaration page. 8. A complete copy of all records or documents reflecting any repairs or maintenance, regular/routine or otherwise, performed at the subject property for the five (5) years preceding the loss that is the subject of this litigation. RESPONSE:None in Plaintiff's possession, custody, or control. 9. Any and all engineering reports, incident reports statements or investigative materials obtained regarding the cause of loss that is the subject of this litigation. RESPONSE: None in Plaintiff's possession, custody, or control. 10.Any and all receipts and/or any documents that show proof of expenses in regards to Additional Living Expense accrued due to the loss that is the subject of this litigation. RESPONSE: None in Plaintiff's possession, custody, or control. 11.Any and all documents including but not limited to correspondence, reports, evaluations, estimates, invoices, memoranda, e-mails and notes concerning the facts and circumstances that support the contention that there is coverage for all or a portion of all or any of the Plaintiff's insurance claim with respect to the Subject Property. RESPONSE: See previously attached documents and correspondence from Clear Blue Insurance Company. 12.Any and all documents including but not limited to correspondence, reports, evaluations, estimates, invoices, memoranda, e-mails and notes concerning or reflecting the amounts that the Plaintiff claim were due under the subject insurance policy as a result of the loss that is the subject of this litigation.RESPONSE: See previously attached documents. 13.Any and all documents including, but not limited to, pre-purchase inspection reports, pre-purchase appraisals, correspondence, reports, evaluations, invoices, e-mails and notes concerning Plaintiffs purchase of the Subject Property. RESPONSE: See attached warranty deed. 14.Any and all documents showing your submission or submission on your behalf of documentation or evidence of a loss in excess of the policy deductible prior the filing of the Complaint. RESPONSE: None in Plaintiff's possession, custody, or control. 15.All documents that you consulted in connection with preparing or supporting your responses to all discovery served upon you by CLEAR BLUE. RESPONSE: See previously attached documents. 16.All documents in support of the allegations in the Complaint. RESPONSE: See attached documents.17.All documents, including photographs, correspondence, emails, reports, estimates, checks, ect., related to the claims you submitted to any other insurance company for any damage to the property that is the subject of this litigation. RESPONSE: None in Plaintiff's possession, custody, or control. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing was filed via the Florida E-Portal and email, which will be electronically served a copy to: all parties of record at the designated email address registered with the e-portal on the date identified on the e-filing. BOLTZ LEGAL 1221 E. Broadway St., Suite 1011 Oviedo, FL 32765 Telephone: (386) 868-5848 Fax: (386) 868-5847 ATTORNEY FOR PLAINTIFF Primary: brookeboltz@boltzlegal.com Secondary: blacy@boltzlegal.com /s/_ BROOKE BOLTZ BROOKE BOLTZ, ESQUIRE Florida Bar No.: 54035